Keller v. Loews Corp.

Plaintiff alleges religious discrimination in the termination of his employment as in-house attorney with defendant Loews Corporation. Defendant’s counterclaim alleges that plaintiff breached his fiduciary duty to Loews by disclosing confidential information in his complaint. The motion court dismissed the counterclaim on the ground that there is no fiduciary relationship between an employer and an at-will employee. That was error.

“[A] lawyer, as one in a confidential relationship and as any fiduciary, is charged with a high degree of undivided loyalty to his client” (Matter of Kelly, 23 NY2d…