Using client-conflicts ethics rules as a tactical offensive weapon may not be entirely new, but a high-profile case out of the UK that saw Slaughter & May oust Freshfields as the counsel of choice to Philip Green (attempting to take over Marks & Spencer) may have staked out new ground.

Noteworthy is that the court did not accept Freshfields' "Chinese Wall" defense, essentially concluding that the appearance of a conflict was insurmountable.  (Freshfields had previously done work for Marks & Spencer.)

As more and more clients seek advice from Magic Circle and other top-flight UK firms, could this ruling provide an opening for US-based firms' London offices?  The tactic may be nasty, but it may also be effective.