Celebrating 10 years! 2007-2017

lawyer sues opposing law firm for $10 million

Just read this interesting article. Any opinions? http:/ cheapbrass03/12/18
“Gentleman then asked the judge if she saw what happened, khazaddum03/12/18
I have never heard of a civil claim for "aiding and abetting flharfh03/12/18
Really? It's pretty commonplace in my JX. pauperesq03/12/18
I've not heard of that either. I think the claim here would onehell03/14/18
Sounds petty. Reminds me of the assault case filed by a fli jeffm03/12/18
Deplorable and embarrassing conduct on both sides, but commo disappearedattorney03/14/18
cheapbrass (Mar 12, 2018 - 2:19 pm)

Just read this interesting article. Any opinions?

http://www.abajournal.com/news/article/lawyer_sues_thompson_coburn_for_10m_says_law_firm_has_some_serious_explaini

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khazaddum (Mar 12, 2018 - 2:27 pm)

“Gentleman then asked the judge if she saw what happened, and the judge said she did not.”

Lol good luck.

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flharfh (Mar 12, 2018 - 4:34 pm)

I have never heard of a civil claim for "aiding and abetting." Must have missed that day in torts.

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pauperesq (Mar 12, 2018 - 5:10 pm)

Really? It's pretty commonplace in my JX.

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onehell (Mar 14, 2018 - 3:34 pm)

I've not heard of that either. I think the claim here would be intentional interference with contractual relations. But if there's a good faith argument that the noncompete was unenforceable (which there almost always is) then idk how a cause of action would lie against the law firm just for helping to set up the competing business. MR 1.2(d) (stating that it is ethical to "assist a client to make a good faith effort to determine the validity, scope, meaning or application of the law.")

So sure, they could have asked for declaratory relief before starting the business, but that would have cost huge amounts of time and money. Heck, you could say that breaching an agreement you have a good-faith argument is unenforceable, rather than going to court preemptively, actually mitigates your damages if you are ultimately vindicated in court. And if they're proven wrong and the noncompete WAS violated, well now the revenue from the competing business is known. So it mitigates the CEO's damages if he wins, and helps liquidate the damages if they win. Either way, the case can be made that it's a valid strategy to breach a contract and wait to see if you get sued, and if you have a good faith argument that the contract is invalid, regardless of whether that argument ultimately prevails there's nothing wrong with the lawyer's assistance.

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jeffm (Mar 12, 2018 - 4:51 pm)

Sounds petty. Reminds me of the assault case filed by a flight attendant against Victoria Osteen. http://www.foxnews.com/story/2008/08/14/osteen-wife-found-not-guilty-assaulting-flight-attendant.html

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disappearedattorney (Mar 14, 2018 - 10:38 am)

Deplorable and embarrassing conduct on both sides, but common in Biglaw.

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