Conflick of Interest

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Conflick of Interest

posted on Jan 22, 2009 08:12AM

From the DM contract:

4. Waiver. Given the scope of our business and the scope of our client representations through our various offices in the United States and abroad, it is possible that some of our present or future clients will have matters adverse to you or your organization while we are representing you. We understand that you have no objection to our representation of parties with interests adverse to yours, and waive any actual or potential conflict of interest as long as those other engagements are not substantially related to our services for you.

We agree, however, that your consent to, and waiver of, such representation shall not apply in any instance where, as a result of our representation of you, we have obtained proprietary or other confidential information of a non-public nature, that, if known to such other client, could be used in any such other matter by such client to your material disadvantage or potential material disadvantage. By agreeing to this waiver of any claim of conflicts as to matters unrelated to the subject matter of our services to you, you also agree that we are not obliged to notify you when we undertake such a matter that may be adverse to you.

Similarly, new lawyers frequently join our firm. These lawyers may have represented parties adverse to you while employed by other law firms or organizations. We assume, consistent with ethical standards, that you have no objection to our continuing representation of you notwithstanding our lawyers’ prior professional relationships.

This will also confirm our understanding that, unless we reach an explicit understanding to the contrary, we are being engaged by, and will represent e.Digital, and not any parent, subsidiary or affiliated entities of e.Digital, and that we are not being engaged to represent any officers, directors, members, partners, shareholders or employees of e.Digital.

Occasionally, it is either necessary or desirable to disclose a client’s name. Furtherance of the interests of the client may require disclosure. As to those matters, by signing this agreement e.Digital authorizes such disclosure. The Firm would also like to be able to identify e.Digital on its list of representative clients. Please initial below to authorize the disclosure of e.Digital’s name on our client list.