Legal Question in Business Law in New York

Q. Would there be a conflict of interest with my present employer?

A. Maybe. However, your appearance is required pursuant to the subpoena.

Q. Do I have to get my own lawyer?

A. Maybe, especially if there is the possiblility of exposure on your part. More information is needed to make that determination.

Q. Is it ok for my old company to provide a lawyer? Your prior company may pay for an independent lawyer. That would not be a conflict of interest. However, there may be a conflict of ineterest if the lawyer for the plaintiff represented you, especially since you no longer work for the firm.

Q. What should I do?

A. If the prior firm is willing to pay for an attorney of your choice, I would retain independant counsel to represent you at the deposition.

Mike.

I concur with my colleague's remarks. In addition, your attorney should review any patent assignment documents that you may have executed while you were with your old company as it may be the case that the suing company does not have rights to the patents. Since you were laid off, this may create some leverage for you , if you are interested in such leverage. Furthermore, at times assignment documents specify that the company would cover your expenses for such matters in the event you have to travel or have to miss work etc.

As was noted, you should consider having your own independent counsel.

Roman R. Fichman, Esq.

www.TheLegalist.com │ @TheLegalist

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Disclaimer: This posting has been written for educational purposes only and was not meant to be legal advice and should not be construed as legal advice. You should always consult an attorney admitted to practice in your jurisdiction for specific advice.