New York, New York

March 2023





NEW YORK – Berlandi Nussbaum & Reitzas LLP (“BNR”) has achieved a resounding victory in its motion to disqualify opposing counsel in a matter against BNR’s corporate client. The presiding Judge ordered the disqualification of the law firm due to a clear violation of the ethical duty owed to the client.

The decision stems from a meeting that occurred at opposing counsel’s office on September 10, 2020, where the client disclosed confidential information to a partner of the firm for the purposes of potential legal representation.  However, the confidential information disclosed in that meeting is now being used against them in the underlying litigation.

Upon learning of the basis for the September 10th, 2022 meeting during a recent mediation conference, BNR filed an immediate motion for disqualification on its client’s behalf.  BNR argued that the use of the information in the instant action violated opposing counsel’s duty of confidentiality, as well as it taking  adverse position against the client, constituted a conflict of interest that warranted disqualification. The Court agreed with BNR and cited an appearance of impropriety that could potentially prejudice the client in the case.

The Court's decision emphasizes the importance of strict adherence to ethical rules in the legal profession, and any violation will be met with severe consequences. The Court ordered a thirty (30) day stay of the action, allowing the plaintiff to obtain new counsel and requiring opposing counsel to cease all involvement in the case immediately. BNR's success in this matter underscores their commitment to upholding ethical standards and protecting the rights of their clients.

About Berlandi Nussbaum & Reitzas LLP:
BNR is a full-service law firm specializing primarily in litigation, corporate transactions, real estate, media and entertainment. BNR has been selected as SuperLawyers law firm since 2017, and named 2023 Law Firm of the Year by the American Institute of Legal Professionals.  BNR has offices located in New York City, White Plains and Pawling, New York, and its attorneys are licensed to practice in New York, New Jersey, Connecticut, Massachusetts and Pennsylvania. For more information, visit BNR’s website at www.bnrllp.com.

Dutchess County Office
527 Route 22 | Suite 2
Pawling, NY 12564
New York City Office
125 Park Avenue | 25th Floor
New York, NY 10017
Westchester Office
455 Hamilton Avenue | 14th Fl
White Plains, NY 10601
Tel: 212-804-6329 | Fax: 646-461-2312

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