Blogs

Posts Categorized: Law Firms and Professional Ethics

Posted: November 8, 2017

Representation of Business Owners Not Representation of Business for Conflict Purposes

On October 23, 2017, Justice Bransten of the New York County Commercial Division issued a decision in MVP Delivery & Logistics, Inc. v. American International Group, 2017 NY Slip Op. 32280(U), holding that a prior representation of a business’s owners was not a representation of the business for conflicts purposes, explaining: A party seeking disqualification… Read more »

Posted: October 26, 2017

Action Dismissed Because Plaintiff’s Counsel Did Not Maintain Office in New York

On October 17, 2017, the First Department issued a decision in Arrowhead Capital Finance, Ltd. v. Cheyne Specialty Finance Fund L.P., 2017 NY Slip Op 07219, affirming the dismissal of an action because plaintiff’s counsel did not maintain an office in New York state in violation of Judiciary Law Section 470, explaining: The record supports… Read more »

Posted: October 21, 2017

Court Allows Malpractice Claim Against Firm for Failure to Supervise Partner Go Forward

On September 29, 2017, Justice Masley of the New York County Commercial Division issued a decision in Alrose Steinway, LLC v. Jaspan Schlesinger, LLP, 2017 NY Slip Op. 32082(U), allowing a malpractice claim to go forward based on the firm’s alleged failure to supervise one of its partners, explaining: In addition to malpractice, plaintiff asserts… Read more »

Posted: October 8, 2017

Court Refuses to Dismiss Malpractice Claim By Non-Party to Engagement Letter

On September 26, 2017, Justice Scarpulla of the New York County Commercial Division issued a decision in Scopia Windmill LP v. Olshan Frome Wolosky LLP, 2017 NY Slip Op. 32031(U), refusing to dismiss a malpractice claim made by a plaintiff that was not a party to the firm’s engagement letter, explaining: On the legal malpractice… Read more »

Posted: September 22, 2017

Legal Malpractice Claim Dismissed for Failure Adequately to Allege Damages

On September 12, 2017, Justice Scarpulla of the New York County Commercial Division issued a decision in Miami Capital, LLC v. Hurwitz, 2017 NY Slip Op. 31925(U), dismissing a legal malpractice claim for failure adequately to allege damages, explaining: Hurwitz argues that the complaint should be dismissed because Miami Capital fails sufficiently to plead any… Read more »

Posted: September 18, 2017

Client Bound by Counsel’s Agreements, Even if Counsel Lacked Authority to Agree

On September 12, 2017, Justice Kornreich of the New York County Commercial Division issued a decision in Samuel Realty LLC v. Richardson, 2017 NY Slip Op. 31936(U), holding that a party was bound by a stipulation agreed to by counsel, even if counsel lacked authority to enter into the stipulation, explaining: As noted by Judge… Read more »

Posted: July 26, 2017

Breach of Fiduciary Duty Claim Based on Law Firm’s Conflicted Representation Timely

On July 25, 2017, the First Department issued a decision in Palmeri v. Wilkie Farr & Gallagher LLP, 2017 NY Slip Op. 05794, holding that a breach of fiduciary claim against a law firm for representing an adverse party was timely, explaining: [T]he IAS court should have permitted the breach of fiduciary duty claim to… Read more »

Posted: June 9, 2017

Legal Malpractice Claim Based on Allegedly Faulty Tax Advice Survives Summary Judgment

On June 1, 2017, the First Department issued a decision in Leggiadro, Ltd. v. Winston & Strawn, LLP, 2017 NY Slip Op. 04361, holding that a legal malpractice claim based on allegedly faulty tax advice should survive summary judgment, explaining: The court properly declined to dismiss the corporate plaintiff’s claim that it would not have… Read more »

Posted: April 19, 2017

Plaintiff And Defendant’s Counsel Both Disqualified Due To Simultaneous Conflicted Representations

On March 3, 2017, Justice Sherwood of the New York County Commercial Division issued a decision in Georgetown Co., LLC v. IAC/Interactive Corp., 2017 NY Slip Op. 30676(U), granting motions to disqualify both plaintiffs’ counsel and defendants’ counsel. Georgetown Co. involves a dispute over a $35 million rights fee associated with development rights to a… Read more »

Posted: April 9, 2017

Fraud Claim Based on Same Facts as Legal Malpractice Claim Dismissed

On March 28, 2017, Justice Scarpulla of the New York County Commercial Division issued a decision in Brean, Murray, Carrett & Co. v. Morrison & Foerster LLP, 2017 NY Slip Op. 30602(U), dismissing a fraud claim based on the same facts as a legal malpractice claim, explaining: Brean’s fraud claim must also be dismissed. Brean’s… Read more »