Davenport Lyons duo fined and suspended for 'intimidating' letters
The Solicitors Disciplinary Tribunal (SDT) has suspended one Davenport Lyons partner and one former partner from practising and fined the pair £20,000 each for sending intimidating letters to individuals they accused of illegal file sharing.
August 02, 2011 at 07:25 AM
3 minute read
The Solicitors Disciplinary Tribunal (SDT) has suspended one Davenport Lyons partner and one former partner from practising and fined the pair £20,000 each for sending intimidating letters to individuals they accused of illegal file-sharing.
Litigation partner David Gore and former partner Brian Miller have been suspended from practising for three months and fined after being found guilty of breaching the Solicitors' Code of Conduct.
The pair appeared before the SDT between 31 May and 8 June accused of six allegations of breaching the Solicitors' Code of Conduct, with all six allegations proven.
The breaches relate to more than 6,000 letters sent on behalf of clients to individuals alleged to have been carrying out illegal file-sharing, with the letters demanding compensation and costs and warning of further action if the matter was not settled urgently.
The SDT found that Gore and Miller disregarded concerns from those receiving the letters and protesting their innocence, with the pair becoming so concerned about making the scheme profitable for themselves and Davenport Lyons that their judgment was distorted – causing them to pursue the scheme regardless of the impact it had on the people receiving the letters.
In addition to the £20,000 fine, Miller and Gore were also yesterday (1 August) ordered to pay interim costs to the SRA of £150,000. Full costs are subject to a detailed assessment and the order has been suspended for 21 days to allow time for an appeal.
A spokesperson for the Solicitors Regulation Authority (SRA) commented: "We welcome the decision of the SDT, which follows a lengthy and complex investigation by members of SRA staff. Some of those affected were vulnerable members of the public. There was significant distress. We are pleased that this matter has been brought to a conclusion and hope that it serves as a warning to others."
In a statement, Davenport Lyons said: "We consider the decision of the Solicitors' Disciplinary Tribunal and sanctions imposed against David Gore and former partner, Brian Miller, are totally unjustified.
"Davenport Lyons is a leading law firm with highly specialist intellectual property lawyers. We were instructed by the owners of intellectual property rights in music, film and games to help them curtail the significant losses they were suffering as a result of the unlawful file-sharing of their products. The steps we took on behalf of our clients were for the protection of their legitimate legal rights. We consider that we acted in our clients' best interests at all times.
"We wholeheartedly support David and Brian's intention to appeal both the Solicitors' Disciplinary Tribunal's original decision and the resulting suspension and fine."
This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.
To view this content, please continue to their sites.
Not a Lexis Subscriber?
Subscribe Now
Not a Bloomberg Law Subscriber?
Subscribe Now
NOT FOR REPRINT
© 2024 ALM Global, LLC, All Rights Reserved. Request academic re-use from www.copyright.com. All other uses, submit a request to [email protected]. For more information visit Asset & Logo Licensing.
You Might Like
View AllDoctors and Scientists Lead Climate Protests at Each Magic Circle Firm
Trending Stories
Who Got The Work
Michael G. Bongiorno, Andrew Scott Dulberg and Elizabeth E. Driscoll from Wilmer Cutler Pickering Hale and Dorr have stepped in to represent Symbotic Inc., an A.I.-enabled technology platform that focuses on increasing supply chain efficiency, and other defendants in a pending shareholder derivative lawsuit. The case, filed Oct. 2 in Massachusetts District Court by the Brown Law Firm on behalf of Stephen Austen, accuses certain officers and directors of misleading investors in regard to Symbotic's potential for margin growth by failing to disclose that the company was not equipped to timely deploy its systems or manage expenses through project delays. The case, assigned to U.S. District Judge Nathaniel M. Gorton, is 1:24-cv-12522, Austen v. Cohen et al.
Who Got The Work
Edmund Polubinski and Marie Killmond of Davis Polk & Wardwell have entered appearances for data platform software development company MongoDB and other defendants in a pending shareholder derivative lawsuit. The action, filed Oct. 7 in New York Southern District Court by the Brown Law Firm, accuses the company's directors and/or officers of falsely expressing confidence in the company’s restructuring of its sales incentive plan and downplaying the severity of decreases in its upfront commitments. The case is 1:24-cv-07594, Roy v. Ittycheria et al.
Who Got The Work
Amy O. Bruchs and Kurt F. Ellison of Michael Best & Friedrich have entered appearances for Epic Systems Corp. in a pending employment discrimination lawsuit. The suit was filed Sept. 7 in Wisconsin Western District Court by Levine Eisberner LLC and Siri & Glimstad on behalf of a project manager who claims that he was wrongfully terminated after applying for a religious exemption to the defendant's COVID-19 vaccine mandate. The case, assigned to U.S. Magistrate Judge Anita Marie Boor, is 3:24-cv-00630, Secker, Nathan v. Epic Systems Corporation.
Who Got The Work
David X. Sullivan, Thomas J. Finn and Gregory A. Hall from McCarter & English have entered appearances for Sunrun Installation Services in a pending civil rights lawsuit. The complaint was filed Sept. 4 in Connecticut District Court by attorney Robert M. Berke on behalf of former employee George Edward Steins, who was arrested and charged with employing an unregistered home improvement salesperson. The complaint alleges that had Sunrun informed the Connecticut Department of Consumer Protection that the plaintiff's employment had ended in 2017 and that he no longer held Sunrun's home improvement contractor license, he would not have been hit with charges, which were dismissed in May 2024. The case, assigned to U.S. District Judge Jeffrey A. Meyer, is 3:24-cv-01423, Steins v. Sunrun, Inc. et al.
Who Got The Work
Greenberg Traurig shareholder Joshua L. Raskin has entered an appearance for boohoo.com UK Ltd. in a pending patent infringement lawsuit. The suit, filed Sept. 3 in Texas Eastern District Court by Rozier Hardt McDonough on behalf of Alto Dynamics, asserts five patents related to an online shopping platform. The case, assigned to U.S. District Judge Rodney Gilstrap, is 2:24-cv-00719, Alto Dynamics, LLC v. boohoo.com UK Limited.
Featured Firms
Law Offices of Gary Martin Hays & Associates, P.C.
(470) 294-1674
Law Offices of Mark E. Salomone
(857) 444-6468
Smith & Hassler
(713) 739-1250