Latham & Watkins Secures Dismissal of Legal-Mal Suit Against Company, GC Who Failed to Advise Former Treasurer
The plaintiff had alleged that the defendants were liable for failing to give a so-called Upjohn warning, which is done when the interests of a company and an individual officer become adverse.
September 30, 2024 at 01:39 PM
4 minute read
What You Need to Know
- An Illinois appellate court affirmed the dismissal of former executive's lawsuit against his employer, Baxter International.
- Plaintiff Scoot Bohaboy claimed the company and its general counsel failed to adequately represent him during a securities investigation.
- The court said the general counsel's recommendation to the plaintiff to seek outside legal counsel could not be considered as legal advice.
Latham & Watkins has fended off a civil suit against its clients, an Illinois-based health care company and its general counsel, which had faced allegations of legal malpractice and negligent representation stemming from a securities investigation that cost the company millions.
The plaintiff, Scott Bohaboy, a former treasurer with Baxter International Inc., had alleged that the defendants were liable for failing to give a so-called Upjohn warning, which is done when the interests of a company and an individual officer become adverse.
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