Motion to Disqualify Opposing Counsel • Representation in Matter Substantially Related to Earlier Representation of Adversary • Confidences of Former Client
T. Levy Assoc., Inc. v. Kaplan, PICS Case No. 17-0033 (EDPa. Dec. 22, 2016) Kearney, J. (7 pages).
Defendants moved to disqualify plaintiff T. Levy Associates’ counsel, Spector, Gadon & Rosen, P.C., under Pennsylvania Rule of Professional Conduct 1.9 and 1.10, alleging that Michael Cross represented defendants Michael and Nina Kaplan before he joined Spector Gadon, and represented defendant BLC Beauty in litigation against its landlord. Defendants further alleged that Barry Brownstein, as a member of Spector Gadon, represented Ms. Kaplan and BLC Beauty in litigation. Defendant allege that attorney Cross may have acquired confidential information regarding the Kaplans’ personal financial information while preparing their estate documents, but did not allege any specific confidential information that either attorney Cross or attorney Brownstein may have acquired during their representations of Ms. Kaplan and BLC Beauty in litigation.
