T.C. Theatre Corp. v. Warner Bros. Pictures

Citation

113 F. Supp. 265 (S.D.N.Y. 1953)

Facts

Stub — to be completed.

Issue

Stub — to be completed.

Holding

Stub — to be completed.

Rule

An attorney who has represented a client in a matter may not subsequently represent a party adverse to that client in the same or a substantially related matter; if the prior representation is substantially related, it is irrebuttably presumed that confidential information was disclosed.

Significance

Established the “substantial relationship” test for former client conflicts under what is now MR 1.9; the irrebuttable presumption of disclosure prevents attorneys from arguing they never actually received relevant confidences.

Courses