Legal Malpractice Law Review

Legal Malpractice Law Review

Research, resources & expertise in the law governing lawyers

Category Archives: Corporate Law

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CA:SLAPP: In House Lawyer Liability to Employer

Posted in California, Corporate Law, Insurance, Litigation
Fremont Reorganizing Corp. v. Faigin, 198 Cal. App. 4th 1153 (2011) CA: Attorney client relationship Student Contributor: Mordechai Buls Facts: Plaintiff, a former in-house attorney, sued Defendant for wrongful termination. Defendant filed a cross-complaint alleging breach of confidence, fiduciary duty, and ethical obligations, and claimed that after Plaintiff was discharged, he informed the California Insurance Commissioner… Continue Reading

NY: Conflict of Interest Waiver Not Sufficient to Support Summary Judgment

Posted in Conflicts of Interest, Corporate Law, New York
Roller v. Walsh, 278 A.D. 2d 811 (App. Div. 4th Dept. 2000) NY: Business Law; Conflicts in transaction Student Contributor: Adam Gardin Facts: Defendant represented and assisted plaintiffs in the formation of two limited liability companies. Plaintiffs brought legal malpractice and breach of fiduciary duty claims against defendant, for “advancing the interests of the fourth member… Continue Reading

PA: Post-Withdrawal Liability

Posted in Commercial, Conflicts of Interest, Corporate Law, Pennsylvania
Capital Care Corp. v. Hunt 847 A.2d 75 (2004) PA: Underlying legal malpractice and breach of fiduciary duty claims Student Contributor: Christina Tsirkas FACTS: Client contracted with a group of British investors for the purchase of one of their subsidiaries. Together, client and these British investors planned to merge and purchase a large homecare business.… Continue Reading

NY: Defining Continuous Representation to Toll the SOL

Posted in Commercial, Corporate Law, New York, Statute of Limitations
R. Brooks Assoc., Inc. v Harter Secrest & Emery LLP ; 2012 NY Slip Op 00602 ; Decided on January 31, 2012 ; Appellate Division, NY: Underlying corporate and commercial transaction Student Contributor: Audrey Mars Facts: Plaintiff retained Defendant law firm to: (1) create a new corporation comprised of the assets of a financially failing… Continue Reading

7th Cir: A Claim, By Any Other Name…

Posted in Commercial, Conflicts of Interest, Corporate Law, Expert Witnesses, Federal, Fiduciary Duty, Legal Ethics, Litigation
Hoagland v. Sandberg, Phoenix & Von Gontard, 385 F. 3d 737 (2004) 7th Cir.: Underlying legal malpractice claim Student Contributor: Clem Durham Facts: The district court determined after a bench trial that Hoagland’s suit failed as a suit for legal malpractice. Hoagland doesn’t disagree. His grievance is that he should have been allowed either to… Continue Reading

NY: Intra-Family Business Transactions:The Perils of Multiple Representation

Posted in Commercial, Conflicts of Interest, Corporate Law, New York
Sitar v. Sitar, 50 A.D.3d 667, 854 N.Y.S.2d 536 (2008) NY Underlying Commercial Transaction: Conflicts of Interest Student Contributor: Maninder (Meena) Saini Facts: Client (plaintiff) brought an action against attorney and attorney’s law firm (defendants), alleging legal malpractice. This action arose out of attorneys’ representation of plaintiff in the sale of the plaintiff’s business to his… Continue Reading

NY: Illusion of “Factual Issues” No Bar to Summary Judgment

Posted in Conflicts of Interest, Corporate Law, New York
Benaquista v. Burke, Supreme Court of New York, Appellate Division, Third Department, June 10, 2010 Facts: Plaintiff and his mother co-owned various corporations and the Defendant attorney represented the corporation in various matters. In December 2002, Plaintiff’s mother and corporate entities commenced a suit against Plaintiff for misappropriation of corporate funds. Defendant represented the mother… Continue Reading

Standing to Assert Legal Malpractice: The Wagoner Rule, Adverse Interest Exception, and Sole Actor Rule

Posted in Corporate Law, Federal, New York
Cobalt Multifamily Investors I, LLC v. Shapiro, 2009 WL 2058530 (S.D.N.Y. July 15, 2009) Facts:  Receiver for the defunct Cobalt Multifamily Investors I, LLC entities (“Cobalt”) filed suit against three sets of attorneys and their law firms for malpractice, looting, aiding and abetting conversion, conversion, unjust enrichment, breach of fiduciary duty, and breach of contract.   The… Continue Reading