Western Sugar Cooperative v. Archer-Daniels-Midland Co.

After the law firm representing sugar producers (plaintiffs) in a false-advertising suit against corn-syrup producers merged with a firm that had represented defendant Tate & Lyle since 1998, the combined firm sought a conflict waiver from Tate & Lyle, which refused and demanded withdrawal; the firm proposed continuing to represent both sides with separate teams, invoking a general advance waiver Tate & Lyle had signed in 1998, before terminating its representation of Tate & Lyle. Tate & Lyle moved to disqualify the firm from representing the sugar plaintiffs based on the concurrent-conflict period.

Whether an attorney may simultaneously represent two clients with conflicting interests without providing full and reasonable disclosure of the conflict to both and obtaining both clients' knowing written waiver.