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Code of Federal Regulations Title 37. Patents, Trademarks, and Copyrights § 37.11.109 Duties to former clients

Current as of October 02, 2022 | Updated by FindLaw Staff

(a) A practitioner who has formerly represented a client in a matter shall not thereafter represent another person in the same or a substantially related matter in which that person's interests are materially adverse to the interests of the former client unless the former client gives informed consent, confirmed in writing.

(b) A practitioner shall not knowingly represent a person in the same or a substantially related matter in which a firm with which the practitioner formerly was associated had previously represented a client:

(1) Whose interests are materially adverse to that person;  and

(2) About whom the practitioner had acquired information protected by §§ 11.106 and 11.109(c) that is material to the matter;  unless the former client gives informed consent, confirmed in writing.

(c) A practitioner who has formerly represented a client in a matter or whose present or former firm has formerly represented a client in a matter shall not thereafter:

(1) Use information relating to the representation to the disadvantage of the former client except as the USPTO Rules of Professional Conduct would permit or require with respect to a client, or when the information has become generally known;  or

(2) Reveal information relating to the representation except as the USPTO Rules of Professional Conduct would permit or require with respect to a client.

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Cite this article: FindLaw.com - Code of Federal Regulations Title 37. Patents, Trademarks, and Copyrights § 37.11.109 Duties to former clients - last updated October 02, 2022 | https://codes.findlaw.com/cfr/title-37-patents-trademarks-and-copyrights/cfr-sect-37-11-109/

Read this complete Code of Federal Regulations Title 37. Patents, Trademarks, and Copyrights § 37.11.109 Duties to former clients on Westlaw. Westlaw subscription required.

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