For the second time in less than a year, Foley & Lardner and a Washington-based partner are facing legal malpractice claims from a former client upset about the firm's representation of Chinese competitors.
Theranos Inc. and its lawyers at Boies Schiller claimed that McDermott, Will & Emery failed to stop a former partner from funneling the company's confidential information to family members pursuing competing patents.
Two state high courts ruled this week that the attorney-client privilege means that lawyers need not open confidential talks with their in-house counsel to clients bringing malpractice claims, as a third prepared to mull the same question.
Plaintiffs attorney Stanley Chesley has been disbarred from practicing law in Kentucky, and the move may crimp his ability to practice in Ohio, where his firm is based. The Kentucky Supreme Court's March 21 disbarment order capped an investigation that followed complaints that plaintiffs only received $46 million of a $200 million settlement for which Chesley was lead negotiator.
The U.S. Supreme Court handed victory to a quartet of attorneys who challenged a state appellate court decision holding that the patent malpractice lawsuit against them belonged in federal court, not state court.