We have written frequently on these pages about decisions that have addressed potential conflicts of interest in the litigation context, both real and imagined, in the state and federal courts. See, e.g., cases and articles on these pages here. The U.S. District Court for the District of Delaware recently disqualified counsel based on a finding of a conflict of interest, in connection with a client representation that ended over 15 years earlier. The motion was filed by plaintiff’s counsel a year after the case had commenced. See Eon Corp. IP Holdings LLC v. Flo TV Inc. Compare: recent prior U.S. District Court decision in Delaware that found a conflict of interest based on Rule 1.7 but still denied a motion to disqualify counsel.
The court’s analysis, and the recitation of applicable cases and rules, is “must reading” for anyone who needs to know the latest Delaware law on conflicts of interest in litigation.
Importantly, the U.S. District Court for the District of Delaware has adopted the Model Rules of Professional Conduct, pursuant to Local Rule 83.6(d)(2), which differ in some respects from the version of the ABA model rules adopted by the Delaware Supreme Court and applicable to Delaware lawyers in state courts in Delaware.