May 21, 2022

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The Passionate Pursuit of Law

Side-switching and Ethical Screens (Or Not) — Ethical Wall Works for Moved Mediator, Trademark Matter Moving to DQ

Side-switching and Ethical Screens (Or Not) — Ethical Wall Works for Moved Mediator, Trademark Matter Moving to DQ


Following $166M Verdict Reversed, Job-Switching Mediator Is not Result in for Firm’s Disqualification” —

  • “A New Jersey appeals court has rejected a motion to disqualify Wilentz, Goldman & Spitzer from representing the defendant in a large-stakes legal malpractice match, where an arbitrator in the case joined the Wilentz agency.”
  • “Mazie Slater was to begin with represented in the fit by Margolis Edelstein, but in January 2021 it retained the Wilentz firm. A thirty day period later, Keefe was aspect of a crew of six attorneys and 7 authorized professionals who moved from the Keefe Law Business to Wilentz.”
  • “The agency of Nagel Rice, which represents Escobar in the malpractice match, moved to disqualify Mazie Slater, declaring that the firm’s representation by Wilentz constituted a violation of New Jersey’s RPC 1.12. That rule suggests a attorney shall not stand for anyone in connection with a make any difference in which the law firm participated individually as a judge, arbitrator, mediator or other neutral party, unless all get-togethers to the proceeding have specified prepared consent to the representation.”
  • “The appeals court docket identified that former Remarkable Courtroom Judge John Keefe’s decision to be part of Wilentz right after mediating in the malpractice circumstance does not warrant disqualification of one more Wilentz lawyer, Brian Molloy.”
  • “The appeals courtroom agreed with Lynott’s finding that disqualification of Molloy from symbolizing Mazie Slater would be warranted, if not for the actions taken to display Keefe from collaborating as a attorney in the issue or obtaining any slash of the payment from the scenario.”
  • “‘Having reviewed this history, we agree with Choose Lynott that plaintiff unsuccessful to have her load to prove that disqualification of the Wilentz organization is justified,’ the appeals court said in an unsigned ruling.”
  • “Escobar presented no basis ‘to second-guess the judge’s ruling that the treatments the company has put in put are sufficient to be certain the mediator will not take part in defendants’ representation, or share in any charges attained by the agency for its services to defendants,’ the panel stated.”

Florida Law Business Closer to Disqualification in Trademark Combat” —

  • “A law business centered in Florida shouldn’t be ready to symbolize an on line instructional services agency in its trademark match accusing a private business of working with confusingly similar marks, a magistrate judge has encouraged.”
  • “Independent community agency Florida Digital Faculty sued foreign for-earnings firm K12 Inc. in 2020, expressing K12 employed its marks to advertise its elements and breached a settlement settlement stemming from a 2011 lawsuit with similar allegations.”
  • “K12 moved to dismiss GrayRobinson PA as plaintiff’s counsel, proclaiming that one particular of its lawyers previously represented K12 in the before go well with. Stephanie Carman was privy to privileged details from when she worked for Hogan Lovells LLP, prior to becoming a member of GrayRobinson, the defendant alleged.”
  • “U.S. Justice of the peace Judge Embry J. Kidd of the U.S. District Courtroom for the Center District of Florida proposed approving that motion April 20, rejecting the argument that the matters are not considerably connected.”
  • “The court docket mentioned that ‘perhaps the most revealing of the considerable relatedness of the matters’ is that the recent complaint relates the prompt motion to the settlement agreement and prior litigation.”



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