W. Dig. Corp. v. Superior Court of Orange Cty.

Western Digital Corporation seeks extraordinary relief from an order disqualifying its counsel and a key expert witness for a conflict of interest. The trial court found that Western Digital’s adversary in this litigation had disclosed confidential information about the lawsuit to members of a consulting firm it had interviewed but did not retain as expert witnesses. Following that disclosure of confidences, a new member joined the consulting firm and was later hired by Western Digital as an expert in this litigation. Applying Shadow Traffic Network v. Superior Court (1994) 24 Cal.App.4th 1067 [ 29 Cal.Rptr.2d 693 ], the court concluded disqualification of both the expert and Western Digital’s counsel was required.

Western Digital filed a petition for writ of mandate challenging the recusal order. We issued an alternative writ and, after hearing oral argument on the matter, we conclude the court abused its discretion in ordering the disqualifications. As we explain below, the evidence does not support the court’s implied finding that Western Digital’s expert was exposed to the confidential information its opponent shared with the nonretained members of the consulting…