Nixon Peabody May Avoid Ouster for Conflicted Lateral

A judge acted prematurely when he booted Nixon Peabody LLP from a case based on its “incredibly brief” association with a conflicted lateral hire who worked on the other side of the litigation, a California appeals court held Jan. 26.

The ruling was a victory for Nixon Peabody’s client, which could avoid the costs of retaining new counsel to represent it in a complex case that began in 2013.

But the ruling could have broader significance. It appears to be the first California appellate decision to hold that a law firm that hires an attorney who has “switched sides” in ...