In re the Arbitration between Essex Equity Holdings USA, LLC & Lehman Bros.
New York Supreme Court
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
- S & S Hotel Ventures Limited Partnership v. 777 S. H. Corp.New York Court of Appeals · 1987
- Solow v. W. R. Grace & Co.New York Court of Appeals · 1994
- Mtr. of Abrams (John Anonymous)New York Court of Appeals · 1984
- Jamaica Public Service Co. v. AIU InsuranceNew York Court of Appeals · 1998
- Papanicolaou v. Chase Manhattan Bank, N.A.District Court, S.D. New York · 1989
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3Cited by3 opinions
- Securities & Exchange Commission v. RyanDistrict Court, N.D. New York · 2010
- Manditch v. ManditchAppellate Division of the Supreme Court of the State of New York · 2012
- Harris v. Erie County Med. Ctr. Corp.Appellate Division of the Supreme Court of the State of New York · 2019