Ethics Keyed to Hazard
Brennan
Facts
Attorney Edward Wegmann was retained as general counsel for the Brennan family’s New Orleans restaurant chain and assisted them in obtaining a federally registered trademark. When a management dispute forced the corporation to split into two separate businesses, Wegmann was kept on by the Defendants to defend their right to use the trademark against the Plaintiffs’ challenges. Wegmann retained the services of Arnold Sprung, a New York trademark attorney, to assist him in the case, and the Plaintiffs challenged Wegmann’s (and, by imputation, Sprung’s) participation in the case on the grounds that his representation of Defendants was at odds with his former representation of Plaintiffs. The District Court agreed, and granted the motion to disqualify, which Defendants now challenge.
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