Westinghouse Elec. Corp. v. Kerr-McGee Corp.

The American Petroleum Institute (API) retained the Kirkland firm to prepare arguments against proposed oil-industry breakup legislation, assuring member companies that Kirkland would hold their information in strict confidence; the same day Kirkland's favorable report issued, it filed an antitrust suit for Westinghouse (plaintiff) against several API member companies including Kerr-McGee (defendant). The defendants moved to disqualify Kirkland; the district court denied the motion, reasoning no express attorney-client relationship existed between Kirkland and the individual members, and the defendants appealed.

Whether an attorney may owe a fiduciary duty to a party warranting disqualification even though no express attorney-client relationship exists, based on the specific facts and the potential for confidential information to have been disclosed.