Wednesday, April 4, 2007
Law.com's New York Law Journal has this story and cautionary tale about the Wilson Elser firm and its conflict between two insurance-company clients, N.Y. Judge Orders Wilson Elser to Disgorge Fees Over Ethics Breach. The court actually granted summary judgment to plaintiffs, a relative rarity.
Here it was on a fiduciary duty claim, while other claims (such as malpractice) were permitted to continue to trial. The remedy for the fiduciary breach was to return over $3 million in fees.