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Commercial Division Blog

Current Developments in the Commercial Divisions of the
New York State Courts by Schlam Stone & Dolan LLP
Posted: March 2, 2021

Loss of Patent Protection Caused by Client’s Failure to Give its Counsel Correct Facts Cannot Be Basis for Malpractice Claim

On February 18, 2021, Justice Borrok of the New York County Commercial Division issued a decision in Morgan & Mendel Genomics v. Amster Rothstein & Ebenstein, LLP, 2021 NY Slip Op. 30465(U), holding that the loss of patent protection caused by the client’s failure to give its counsel the correct facts cannot be the basis for a legal malpractice claim . . .

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