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Law School Case Briefs

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Galderma Laboratories, L.P. v. Actavis Mid Atlantic LLC

District Court, N.D. Texas (2013) | 927 F. Supp. 2d 390; 2013 WL 655053; 2013 U.S. Dist. LEXIS 24171

4 min read

TL;DR: A law firm sued its current client in an unrelated matter. The court upheld a general, prospective conflict waiver in the firm's engagement letter, finding the waiver constituted valid informed consent because the client was sophisticated and represented by its own in-house counsel.

Legal Significance: For sophisticated clients represented by independent counsel, a general, open-ended prospective waiver of future conflicts can constitute "informed consent" under ABA Model Rule 1.7, even without specifying the exact nature or parties of the future adverse representation.

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