Swatch Suit Offers Teachable Moment in Steering Clear of Ethics Pitfall
A key plaintiff witness' affidavit was found to be untrue. The attorney who became aware of that discovery unilaterally decided the factual discrepancies were immaterial and didn't require alerting the court. The affidavit, its credibility gap and the choices made by Collen IP partner Joshua Paul have done more than simply jeopardize his trademark infringement suit.
September 27, 2017 at 06:05 PM
5 minute read
A key plaintiff witness' affidavit was found to be untrue. The attorney who became aware of that discovery unilaterally decided the factual discrepancies were immaterial and didn't require alerting the court.
The affidavit, its credibility gap and the choices made by Collen IP partner Joshua Paul have done more than simply jeopardize his trademark infringement suit Omega v. 375 Canal, 12-cv-06979, brought on behalf of international watch maker Swatch, over alleged counterfeits being sold out of a store in Soho. According to transcripts reviewed by the New York Law Journal, U.S. District Judge Paul Crotty of the Southern District of New York is considering Rule 11 and other possible sanctions against Paul.
It's a scenario that's sure to strike fear into the hearts of attorneys. It's also one legal ethics experts say illustrates an all-too-easy trap that hard-charging litigators may fall into under certain circumstances—one that following simple rules, however hard to swallow, can help avoid.
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