Legal Opinion

In re the Arbitration between Essex Equity Holdings USA, LLC & Lehman Bros.

New York Supreme Court

Decided June 10, 2010PublishedCited by 3 opinions

1Opinion of the Court

OPINION OF THE COURT

James A. Yates, J.

In 1999, the New York Court of Appeals held, in Kassis v Teacher’s Ins. & Annuity Assn. (93 NY2d 611 [1999]), that screening was ineffectual to save a law firm from disqualification when an attorney “side-switches,” i.e., begins employment with the law firm after having worked for an adversary on the same matter, and when that attorney had acquired significant and material confidential information at the first firm. Notwithstanding Kassis, rule 1.11 of the New York Rules of Professional Conduct (22 NYCRR part 1200 [eff Apr. 1, 2009]) permits a private law…

2Cases cited24 opinions

  1. S & S Hotel Ventures Limited Partnership v. 777 S. H. Corp.New York Court of Appeals · 1987
  2. Solow v. W. R. Grace & Co.New York Court of Appeals · 1994
  3. Mtr. of Abrams (John Anonymous)New York Court of Appeals · 1984
  4. Jamaica Public Service Co. v. AIU InsuranceNew York Court of Appeals · 1998
  5. Papanicolaou v. Chase Manhattan Bank, N.A.District Court, S.D. New York · 1989

19 more not listed; retrieve them via the Exa API.

3Cited by3 opinions

  1. Securities & Exchange Commission v. RyanDistrict Court, N.D. New York · 2010
  2. Manditch v. ManditchAppellate Division of the Supreme Court of the State of New York · 2012
  3. Harris v. Erie County Med. Ctr. Corp.Appellate Division of the Supreme Court of the State of New York · 2019

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