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by abruzzi 3324 days ago
IANAL, but if Apple can show that McAleese had access to confidential iPhone data and transmitted that to his wife, or even advised her on her suit (his advise would be tempered by what he knew of apple's situation), wouldn't that be grounds for disbarment?
2 comments

Not necessarily disbarment, but that would be one possible outcome. He will likely be facing violations of the rules of professional conduct.

Using California and your example, that would violate Rule 3-100. With the ownership stake, he probably violated Rule 3-300 which governs "Avoiding Interests Adverse to a Client."

Generally, yes. But that did not happen here:

"Judge Orrick ruled in August that John McAleese, husband of FlatWorld co-founder Jennifer McAleese, violated his duty as an attorney by assisting his wife's company in its effort to sue Apple.

However, he ruled that there was no evidence that McAleese, now a partner at McCarter & English LLP, actually possessed confidential Apple information or passed it on to Hagens Berman, so he denied Apple's request to disqualify the firm."

(he's still at mccarter & english: http://www.mccarter.com/John-J-McAleese/)