A New York appeals court has revived a claim against Willkie Farr & Gallagher brought by a former client who alleges the firm breached ethical rules in a conflict of interest that resulted in $2.8 million in damages.

The Appellate Division, First Department, affirmed the dismissal of several claims from the 2013 lawsuit, but reinstated one claim, breach of fiduciary duty, finding the firm's ex-client presented evidence of a “continuing wrong” that altered the statute of limitations.

Evidence in the case was “sufficient for a factfinder to determine that defendant breached its duty of loyalty,” the court ruled.