When Defendant Directs Opposing Counsel to Communicate With its Counsel, Opposing Counsel Did Not Err in Sending Notice of Client Rights to Counsel

When Defendant Directs Opposing Counsel to Communicate With its Counsel, Opposing Counsel Did Not Err in Sending Notice of Client Rights to Counsel

On March 16, 2026, Justice d’Auguste of the New York County Commercial Division issued a decision in McLaughlin & Stern, LLP v. Rocketstar, Inc., 2026 NY Slip Op. 30988(U), holding that when a defendant directed opposing counsel to communicate with defendant’s counsel, opposing counsel did not err in sending notice of client’s rights to its counsel . . . Continue reading When Defendant Directs Opposing Counsel to Communicate With its Counsel, Opposing Counsel Did Not Err in Sending Notice of Client Rights to Counsel

Court Schedules Hearing to Resolve Factual Questions Regarding Attorney Disqualification

Court Schedules Hearing to Resolve Factual Questions Regarding Attorney Disqualification

On March 5, 2026, Justice Boddie of the Kings County Commercial Division issued a decision in Reich v. Purslane, LLC, 2026 NY Slip Op. 30803(U), scheduling a hearing to resolve factual questions regarding the disqualification of counsel because of a conflict . . . Continue reading Court Schedules Hearing to Resolve Factual Questions Regarding Attorney Disqualification

Disqualification Under Attorney-Witness Rule Not Required When Neither Party Intends to Call the Attorney as a Witness

Disqualification Under Attorney-Witness Rule Not Required When Neither Party Intends to Call the Attorney as a Witness

On November 24, 2025, Justice Borrok of the New York County Commercial Division issued a decision in Bapaz NYC W. 46 St Group LLC v ASSA Props. Inc., 2025 NY Slip Op. 34497(U), holding that disqualification under the attorney-witness rule was not required when neither party intended to call the attorney as a witness . . . Continue reading Disqualification Under Attorney-Witness Rule Not Required When Neither Party Intends to Call the Attorney as a Witness

Judiciary Law Section 487 Claim Must Be Brought Against Counsel, Not Client

Judiciary Law Section 487 Claim Must Be Brought Against Counsel, Not Client

On October 15, 2025, Justice Patel of the New York County Commercial Division issued a decision in Jfurti, LLC v. Mintz, Levin, Cohn, Ferris, Glovky & Popeo, P.C., 2025 NY Slip Op. 33977(U), dismissing a Judiciary Law Section 487 claim because it was brought against the client, not its counsel . . . Continue reading Judiciary Law Section 487 Claim Must Be Brought Against Counsel, Not Client

Counsel Allowed to Withdraw Based on Breakdown of Relationship With Client

Counsel Allowed to Withdraw Based on Breakdown of Relationship With Client

On September 26, 2025, Justice Reed of the New York County Commercial Division issued a decision in Concordance Healthcare Solutions LLC v. Kori Capital Inc., 2025 NY Slip Op. 51529(U), allowing counsel to withdraw from a representation based on a breakdown of its relationship with the client . . . Continue reading Counsel Allowed to Withdraw Based on Breakdown of Relationship With Client

Counsel Disqualification Denied for Failure to Show Current Representation of Prior Representation in a Related Matter

Counsel Disqualification Denied for Failure to Show Current Representation of Prior Representation in a Related Matter

On July 9, 2025, Justice Borrok of the New York County Commercial Division issued a decision in AT&T Mobility LLC v. Harman Connected Servs., Inc., 2025 NY Slip Op. 32617(U), denying a motion to disqualify counsel for failure to show either current representation or prior representation in a related matter . . . Continue reading Counsel Disqualification Denied for Failure to Show Current Representation of Prior Representation in a Related Matter