Under Rule Prof. Conduct 1.18, an attorney may be disqualified from representing the opponent of a prospective client that while negotiating to become a client discloses material confidential information to the attorney. This decision states that materiality is to be measured at the time of the motion to disqualify so that, for example, the fact that the prospective client intended to sue might no longer be material if that intention had already been made public by the filing of a complaint. Also, the decision holds that for the confidential information to be material, it must not only be relevant to the litigation in which the attorney represents the opponent but the disclosure of that information to the opponent must be harmful to the prospective client. However, the decision nevertheless affirms the disqualification order in this case finding that the prospective client disclosed important pieces of evidence to the attorney which remain material in the case and might harm the prospective client by, among other things, aiding the opponent in conducting discovery.