Law.com Subscribers SAVE 30%
Call 855-808-4530 or email [email protected] to receive your discount on a new subscription.
<b>Counsel Concerns</b>Music Publisher's Defense Counsel To Stay in Case
Rule 3-310(E) of California Rules of Professional Conduct states that a lawyer “shall not, without the informed written consent of the client or former client, accept employment adverse to the client, or former client where, by reason of the representation of the client or former client, the member has obtained confidential information material to the employment.” Rule 1.10(b) of the American Bar Association (ABA) Model Rules of Professional Conduct states: “When a lawyer has terminated an association with a firm, the firm is not prohibited from thereafter representing a person with interests materially adverse to those of a client represented by the formerly associated lawyer and not currently represented by the firm, unless 1) the matter is the same or substantially related to that in which the formerly associated lawyer represented the client; and 2) any lawyer remaining in the firm has [protected] information … material to the matter.”
Both rules were cited by the California Court of Appeal in a recent ruling involving entertainment industry litigation. After losing her job, Ilene Goldberg, an in-house attorney for Warner/Chappell Music from 1993 to 2002, filed suit against the music publisher. The suit alleged, among other things, gender discrimination and wrongful termination. Shortly after filing the complaint, Goldberg moved to disqualify Warner-Chappell defense counsel Mitchell Silberberg & Knupp (MS&K). Goldberg claimed that she had revealed confidential information to former MS&K partner J. Eugene Salomon when she consulted him in 1997 about her employment with Warner-Chappell. This was just after MS&K began doing legal work for Warner-Chappell. Goldberg said she also had personal and professional relationships with other MS&K lawyers.
This premium content is locked for Entertainment Law & Finance subscribers only
ENJOY UNLIMITED ACCESS TO THE SINGLE SOURCE OF OBJECTIVE LEGAL ANALYSIS, PRACTICAL INSIGHTS, AND NEWS IN ENTERTAINMENT LAW.
- Stay current on the latest information, rulings, regulations, and trends
- Includes practical, must-have information on copyrights, royalties, AI, and more
- Tap into expert guidance from top entertainment lawyers and experts
Already a have an account? Sign In Now Log In Now
For enterprise-wide or corporate acess, please contact Customer Service at [email protected] or 877-256-2473
New York's Latest Cybersecurity Commitment
On Aug. 9, 2023, Gov. Kathy Hochul introduced New York's inaugural comprehensive cybersecurity strategy. In sum, the plan aims to update government networks, bolster county-level digital defenses, and regulate critical infrastructure.
Law Firms are Reducing Redundant Real Estate by Bringing Support Services Back to the Office
A trend analysis of the benefits and challenges of bringing back administrative, word processing and billing services to law offices.
Bit Parts
Summary Judgment Denied Defendant in Declaratory Action by Producer of To Kill a Mockingbird Broadway Play Seeking Amateur Theatrical Rights
Risks of “Baseball Arbitration” in Resolving Real Estate Disputes
“Baseball arbitration” refers to the process used in Major League Baseball in which if an eligible player's representative and the club ownership cannot reach a compensation agreement through negotiation, each party enters a final submission and during a formal hearing each side — player and management — presents its case and then the designated panel of arbitrators chooses one of the salary bids with no other result being allowed. This method has become increasingly popular even beyond the sport of baseball.