Attorney-Witness Rule Applies Only if Counsel’s Testimony is Necessary, Not Just Useful, to the Moving Party’s Case
Commercial Case Notes / Law Firms and Professional Ethics

Attorney-Witness Rule Applies Only if Counsel’s Testimony is Necessary, Not Just Useful, to the Moving Party’s Case

On July 26, 2023, the Second Department issued a decision in Kingston Check Cashing Corp. v. Nussbaum Yates Berg Klein & Wolpow, LLP, 2023 NY Slip Op. 03913, holding that the attorney-witness rule applies only when counsel’s testimony is necessary, not just useful, to the moving party’s case . . . Continue reading Attorney-Witness Rule Applies Only if Counsel’s Testimony is Necessary, Not Just Useful, to the Moving Party’s Case

In-House Counsel That Has Not Appeared in an Action Cannot be the Subject of a Motion for Disqualification
Commercial Case Notes / Law Firms and Professional Ethics

In-House Counsel That Has Not Appeared in an Action Cannot be the Subject of a Motion for Disqualification

On April 17, 2023, Justice Ruchelsman of the Kings County Commercial Division issued a decision in Joseph v. Rassi, 2023 NY Slip Op. 31261(U), holding that in-house counsel that has not appeared in an action cannot be the subject of a motion for disqualification . . . Continue reading In-House Counsel That Has Not Appeared in an Action Cannot be the Subject of a Motion for Disqualification

Court Refuses to Disqualify Company’s Transactional Counsel from Representing a Shareholder in an Inter-Shareholder Dispute
Commercial Case Notes / Law Firms and Professional Ethics

Court Refuses to Disqualify Company’s Transactional Counsel from Representing a Shareholder in an Inter-Shareholder Dispute

On September 29, 2022, Justice Ruchelsman of the Kings County Commercial Division issued a decision in ZW Acquisition LLC v. Volkov, 2022 NY Slip Op. 33295(U), refusing to disqualify a company’s former transactional counsel from representing a shareholder in an inter-shareholder dispute . . . Continue reading Court Refuses to Disqualify Company’s Transactional Counsel from Representing a Shareholder in an Inter-Shareholder Dispute

Party Whose Counsel Had Been Suspended From Practice Cannot be Defaulted if Notice to Appoint New Counsel Not Served
Commercial Case Notes / Default Judgment / Law Firms and Professional Ethics

Party Whose Counsel Had Been Suspended From Practice Cannot be Defaulted if Notice to Appoint New Counsel Not Served

On September 14, 2022, the Second Department issued a decision in JPMorgan Chase Bank, N.A. v. Simonsen, 2022 NY Slip Op. 05156, holding that a defendant whose lawyer had been suspended from practice could not be defaulted unless served with a notice to appoint new counsel had been served . . . Continue reading Party Whose Counsel Had Been Suspended From Practice Cannot be Defaulted if Notice to Appoint New Counsel Not Served