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Ethics/Professional Responsibility

May 24, 2014

Ethics and former employee witnesses

Former employees who might have evidence useful to a third party present both an opportunity and a risk to lawyers. By Ragesh K. Tangri and David McGowan


By Ragesh K. Tangri and David McGowan


Many companies bind their employees to nondisclosure agreements. Former employees who might have evidence useful to a third party therefore present both an opportunity and a risk to lawyers seeking such evidence. The opportunity is obvious; the risk may be less so. If adopted, a proposed rule in California may make it an even riskier endeavor.


Suppose you are defending a patent case or contemplating a suit seeking a...

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