Professional Responsibility Keyed to Hazard
Westinghouse Elec. Corp. v. Kerr-McGee Corp
Kirkland and Ellis represented Westinghouse Elec. Corp (Westinghouse (Plaintiff) in an antitrust action, alleging restraint of trade in the uranium industry. At the same time, Kirkland produced a report lobbying against the proposed breakup of the oil industry for API, of which Kerr-McGee (Defendant), Gulf (Defendant), and Getty (Defendant) were members. The report was released the day this suit was filed, and refuted any charge that oil companies restricted uranium output. Defendants Gulf, Kerr-McGee, and Getty, who had provided confidential information to Kirkland for the report, moved to disqualify Kirkland. The district court used the rules of agency and determined that no attorney-client relationship existed between Kirkland and the oil companies and applied a different imputation of knowledge approach to Kirkland as a large law firm. Defendants Gulf, Kerr-McGee, and Getty appealed
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