Morgan Lewis: Firm Did Not Admit to Mishandling Conflict
In a $30 million dispute over an alleged conflict of interest, Morgan, Lewis & Bockius contends it did not admit to the allegations brought by its former client, Towers Watson Delaware.
April 16, 2018 at 05:14 PM
3 minute read
In a $30 million dispute over an alleged conflict of interest, Morgan, Lewis & Bockius contends it never admitted to allegations lodged by its former client, Towers Watson Delaware.
Towers has alleged that Morgan Lewis represented another company, Meriter Health Services, and assisted Meriter's separate counsel in suing Towers. Towers moved for judgment on the pleadings last month, arguing that Morgan Lewis has admitted or “must be deemed to admit” that it knew there would be a conflict between Meriter's and Towers' interests, and that the firm never informed Towers of the conflict.
But Morgan Lewis, in a brief in opposition to Towers' motion for judgment, said its denials in an answer to Towers' complaint preclude the judge from ruling on the case at its current stage.
“Towers confuses the existence of evidence that it believes relates to its claims with the absence of a genuine dispute of material fact,” Morgan Lewis said in the April 13 brief.
Contrary to Towers' motion, Morgan Lewis argued, the firm in its answer to the complaint said it declined to participate in any litigation against Towers, and that Meriter hired another law firm to represent it in litigation against Towers. Morgan Lewis did not assist Meriter in the decision, the firm said in its brief, citing its answer.
The firm also argued that while Towers has said it learned about the conflict through a source other than Morgan Lewis, the source of the information did not matter.
“Towers cannot pretend that its consent was uninformed simply because its actual knowledge of the alleged conflict and surrounding circumstances was based on information that it learned from sources in addition to defendants,” Morgan Lewis said in its filing. “The source of Towers' knowledge is immaterial to the question of whether it gave informed consent.”
Additionally, Morgan Lewis argued, Towers has not shown that it was harmed by Morgan Lewis' alleged conduct.
According to Towers' complaint, Morgan Lewis represented Towers from 2009 to 2016. In 2010, the suit says, Morgan Lewis began defending Meriter in a retirement plan class action. After the class action settled in 2014, Meriter then sued a Towers entity that designed the retirement plan at issue, alleging that Towers was responsible for Meriter's liability in the class action.
Towers has alleged that Morgan Lewis used its representation of Towers to assist another law firm, referred to in the complaint as “Law Firm 2,” in developing Meriter's lawsuit. Morgan Lewis' filings identify Law Firm 2 as Nixon Peabody.
William Trask of Sprague & Sprague, who is representing Towers, declined to comment on Morgan Lewis' filing.
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 AllPhila. Med Mal Lawyers In for Busy Year as Court Adjusts for Filing Boom
3 minute read'Recover, Reflect, Retool and Retry': Lessons From Women Atop Pa. Legal Community
3 minute readEDPA's New Chief Judge Plans to Advance Efforts to Combat Threats to Judiciary
3 minute readTrending Stories
- 1Gibson Dunn Sued By Crypto Client After Lateral Hire Causes Conflict of Interest
- 2Trump's Solicitor General Expected to 'Flip' Prelogar's Positions at Supreme Court
- 3Pharmacy Lawyers See Promise in NY Regulator's Curbs on PBM Industry
- 4Outgoing USPTO Director Kathi Vidal: ‘We All Want the Country to Be in a Better Place’
- 5Supreme Court Will Review Constitutionality Of FCC's Universal Service Fund
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