All American Semiconductor, Inc. v. Hynix Semiconductor, Inc.

2008 WL 5484552 (2008)

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All American Semiconductor, Inc. v. Hynix Semiconductor, Inc.

United States District Court for the Northern District of California
2008 WL 5484552 (2008)

SC

Facts

John Vandevelde represented Gunter Hefner, the vice president of sales of Infineon Technologies AG (Infineon) (defendant), in a Department of Justice (DOJ) investigation into the pricing of dynamic random-access memory (DRAM) semiconductor chips. Vandevelde, Hefner, Infineon, and Infineon’s attorney entered into a joint-defendant agreement (JDA) regarding the DRAM investigation. The parties to the JDA waived any claim of conflict of interest that might come about due to the joint defense. All American Semiconductor, Inc. (All American) (plaintiff), a purchaser of DRAM semiconductor chips, sued Infineon in civil court for its pricing of DRAM chips. All American hired Vandevelde to represent it, though conceding that the lawsuit was substantially related to the matter in which Vandevelde represented Hefner, and signed the JDA with Infineon. Infineon moved to disqualify Vandevelde from representing All American, arguing that he received confidential Infineon information during his representation of Hefner under the JDA with Infineon. All American argued that Infineon waived its right to assert a claim of conflict of interest in the JDA.

Rule of Law

Issue

Holding and Reasoning (Hamilton, J.)

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