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October 3, 2025
Court Denies Motion To Disqualify Counsel Based On Alleged Concurrent Representation Where The First Representation Was “Effectively Over” Before The Second Commenced
Written by:
Thomas A. Kissane, Samuel L. Butt, Channing J. Turner, Jeffrey M. Eilender, Joshua Wurtzel
On July 9, 2025, Justice Andrew Borrok denied a defendant’s motion to disqualify his prior counsel, Baker & Hostetler LLP, from representing the other side in a case against it. In AT&T Mobility LLC v. Harman Connected Services, Inc., Index No. 659609/2024, Baker previously represented Defendant Harman Connected Services in a lawsuit against a third party and had not yet formally received approval to withdraw from that lawsuit at the time it filed a lawsuit on AT&T’s behalf against Harman. Nevertheless, the Court noted that the prior case had been dismissed about eight months before the instant lawsuit had been filed. As a result, the Court concluded that the prior representation was “effectively over” long before. Read More
