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

Allegations That Counsel Made False Representations to Disrupt Settlement Sufficient to State Judiciary Law 487 Claim
Commercial Case Notes / Law Firms and Professional Ethics

Allegations That Counsel Made False Representations to Disrupt Settlement Sufficient to State Judiciary Law 487 Claim

On April 13, 2022, the Second Department issued a decision in Joseph v. Fensterman, 2022 NY Slip Op. 02398, holding that allegations that counsel made false representations to disrupt settlement discussions was sufficient to state a Judiciary Law 487 claim . . . Continue reading Allegations That Counsel Made False Representations to Disrupt Settlement Sufficient to State Judiciary Law 487 Claim

Attorney-Owned Corporation Providing Tax Auditing Services Did Not Engage in Unauthorized Practice of Law
Commercial Case Notes / Law Firms and Professional Ethics

Attorney-Owned Corporation Providing Tax Auditing Services Did Not Engage in Unauthorized Practice of Law

On February 2, 2022, the Second Department issued a decision in National Refund & Util. Servs., Inc. v. West 34th Apts. Corp., 2022 NY Slip Op. 00676, holding that a corporation providing tax auditing services is not engaged in the unauthorized practice of law if it is owned by attorneys . . . Continue reading Attorney-Owned Corporation Providing Tax Auditing Services Did Not Engage in Unauthorized Practice of Law

Counsel for Unsuccessful Litigant Not Liable for Advancing a Losing Legal Argument
Commercial Case Notes / Law Firms and Professional Ethics

Counsel for Unsuccessful Litigant Not Liable for Advancing a Losing Legal Argument

On November 17, 2021, Justice Schecter of the New York County Commercial Division issued a decision in Chef Chloe LLC v. Pryor Cashman LLP, 2021 NY Slip Op. 32353(U), rejecting a claim that counsel for an unsuccessful litigant should be held liable for advancing a losing legal argument . . . Continue reading Counsel for Unsuccessful Litigant Not Liable for Advancing a Losing Legal Argument