Due Diligence Missteps Are Costly For Law Firms: The Morning Minute
The news and analysis you need to start your day.
July 28, 2023 at 06:00 AM
4 minute read
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WHAT WE'RE WATCHING
GETTING TO KNOW ALL ABOUT YOU - For law firms, having a deep knowledge of your current and potential clients is beneficial for a whole bunch of reasons, not least of which is avoiding a major headache should any of those clients turn out to be fraudsters. Case in point: Pittsburgh-based Eckert Seamans Cherin & Mellot, which is in the midst of negotiating a $45 million settlement to make up for a former attorney's alleged role in helping a merchant cash loan business and an investment services firm defraud investors of nearly $500 million. Unfortunately, as Law.com's Amanda O'Brien reports, smaller firms often lack the resources and systems to effectively and efficiently conduct background research on clients. As a result, due diligence methods vary from online management systems to simply asking around the office about a client's reputation.
DANGEROUS DISCLOSURE? - A federal judge's ruling this week that ordered Covington & Burling to disclose some client names to the SEC has alarmed some legal analysts, including those who say it could erode attorney-client relations and may be used by government agencies to expand the use of administrative subpoenas. U.S. District Judge Amit Mehta of the District of Columbia's ruling Monday could have lasting consequences in "eroding the principle that the attorney-client relationship is confidential," Susan Carle, professor of law at American University Washington College of Law, told Law.com's Abigail Adcox. It could also deter companies or organizations from seeking outside counsel in the first place, Carle added. The Association of Corporate Counsel, which filed an amicus brief in opposition to the SEC's subpoena, said in a statement that the "court's decision threatens to expand the use of administrative subpoenas," noting that 300 federal agencies have this subpoena power.
ON THE RADAR - Lawyers at Clark Hill on Thursday removed a product liability lawsuit against Dick's Sporting Goods and Summit Treestands to Indiana Southern District Court. The suit, filed by Wilson Kehoe Winingham on behalf of Patricia Gibson and Paul Gibson, alleges that Paul Gibson injured himself while using the defendants' Summit Viper Elite SD tree stand for deer hunting; according to the complaint, Gibson's foot became caught in the stand, causing him to fall from the tree and break his ankle. The case is 1:23-cv-01317, Gibson et al. v. Summit Treestands LLC et al. Stay up on the latest state and federal litigation, as well as the latest corporate deals, with Law.com Radar.
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Who Got The Work
J. Brugh Lower of Gibbons has entered an appearance for industrial equipment supplier Devco Corporation in a pending trademark infringement lawsuit. The suit, accusing the defendant of selling knock-off Graco products, was filed Dec. 18 in New Jersey District Court by Rivkin Radler on behalf of Graco Inc. and Graco Minnesota. The case, assigned to U.S. District Judge Zahid N. Quraishi, is 3:24-cv-11294, Graco Inc. et al v. Devco Corporation.
Who Got The Work
Rebecca Maller-Stein and Kent A. Yalowitz of Arnold & Porter Kaye Scholer have entered their appearances for Hanaco Venture Capital and its executives, Lior Prosor and David Frankel, in a pending securities lawsuit. The action, filed on Dec. 24 in New York Southern District Court by Zell, Aron & Co. on behalf of Goldeneye Advisors, accuses the defendants of negligently and fraudulently managing the plaintiff's $1 million investment. The case, assigned to U.S. District Judge Vernon S. Broderick, is 1:24-cv-09918, Goldeneye Advisors, LLC v. Hanaco Venture Capital, Ltd. et al.
Who Got The Work
Attorneys from A&O Shearman has stepped in as defense counsel for Toronto-Dominion Bank and other defendants in a pending securities class action. The suit, filed Dec. 11 in New York Southern District Court by Bleichmar Fonti & Auld, accuses the defendants of concealing the bank's 'pervasive' deficiencies in regards to its compliance with the Bank Secrecy Act and the quality of its anti-money laundering controls. The case, assigned to U.S. District Judge Arun Subramanian, is 1:24-cv-09445, Gonzalez v. The Toronto-Dominion Bank et al.
Who Got The Work
Crown Castle International, a Pennsylvania company providing shared communications infrastructure, has turned to Luke D. Wolf of Gordon Rees Scully Mansukhani to fend off a pending breach-of-contract lawsuit. The court action, filed Nov. 25 in Michigan Eastern District Court by Hooper Hathaway PC on behalf of The Town Residences LLC, accuses Crown Castle of failing to transfer approximately $30,000 in utility payments from T-Mobile in breach of a roof-top lease and assignment agreement. The case, assigned to U.S. District Judge Susan K. Declercq, is 2:24-cv-13131, The Town Residences LLC v. T-Mobile US, Inc. et al.
Who Got The Work
Wilfred P. Coronato and Daniel M. Schwartz of McCarter & English have stepped in as defense counsel to Electrolux Home Products Inc. in a pending product liability lawsuit. The court action, filed Nov. 26 in New York Eastern District Court by Poulos Lopiccolo PC and Nagel Rice LLP on behalf of David Stern, alleges that the defendant's refrigerators’ drawers and shelving repeatedly break and fall apart within months after purchase. The case, assigned to U.S. District Judge Joan M. Azrack, is 2:24-cv-08204, Stern v. Electrolux Home Products, Inc.
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