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Serial Adversaries Are Still No Big Deal

By Laura Stafford on July 9, 2015
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50133044_1Judge Indira Talwani issued an order on plaintiff Erik Cherdak’s renewal of his motion to disqualify, which we talked about last year in Serial Adversaries Are No Big Deal. And once again, she found that for Cooley, serial adversaries are still no issue. Judge Talwani again found no evidence that Cooley’s representation of two separate defendants in two separate litigations against Mr. Cherdak constituted a disqualifying conflict of interest.

Cooley, which represents Koko FitClub in this litigation, had previously represented Core Industries, LLC, in a dispute with Mr. Cherdak. That dispute ultimately resulted in a confidential settlement agreement. Mr. Cherdak renewed his motion to disqualify after Cooley utilized language and materials from the Core settlement agreement while preparing a draft settlement between Koko FitClub and Mr. Cherdak – even though Cooley emphasized that the Core settlement agreement itself had not been shared with Koko FitClub.

To Judge Talwani, these actions would at best go to a breach of Cooley’s obligations under the Core settlement agreement (and it wasn’t at all clear that Cooley had committed such a breach). In Judge Talwani’s view, Mr. Cherdak continued to focus on the perceived unfair advantage gained by Cooley through its purported access to and use of confidential information. But he had once more failed to demonstrate that Cooley’s obligations to Koko FitClub and to Core were impaired by Cooley’s representation of both parties.

The outcome here further underscores that to be successful on a motion for disqualification, a litigant must focus on the relationship between the attorney and the parties he or she represents.

The case is Erik B. Cherdak v. Koko Fitclub, LLC and Kok Fitness, Inc., No. 14-cv-10371-IT, in the District of Massachusetts. A copy of the order can be found here.

Photo of Laura Stafford Laura Stafford

As a Litigation partner, Laura Stafford focuses her practice on complex business disputes, with a particular emphasis on bankruptcy litigation. Recently, she has had a lead role in representing the Financial Oversight and Management Board for Puerto Rico in litigation involving the restructuring…

As a Litigation partner, Laura Stafford focuses her practice on complex business disputes, with a particular emphasis on bankruptcy litigation. Recently, she has had a lead role in representing the Financial Oversight and Management Board for Puerto Rico in litigation involving the restructuring of Puerto Rico’s finances. In that capacity, she has, among other things, managed the claims reconciliation process while litigating numerous other adversary proceedings and contested matters.

Laura has litigated a range of matters in the federal courts, including serving on the successful trial teams in MobileMedia Ideas v. Apple and ADREA v. Barnes & Noble, as well as before the International Trade Commission. She is experienced in all stages of the litigation process, including pre-suit due diligence, discovery, summary judgment and trial.

In addition, Laura maintains an active and diverse pro bono practice, with a focus on immigration law and gun control issues. She has secured permanent residency for numerous unaccompanied minors immigrating to the United States.  She has also filed numerous amicus briefs in federal and state court supporting the constitutionality of legislation.

Prior to joining Proskauer, Laura worked for the New York County District Attorney’s Office as a paralegal in the Frauds Bureau.

Read more about Laura StaffordEmail
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  • Posted in:
    Ethics & Professional Responsibility
  • Blog:
    New England IP Blog
  • Organization:
    Proskauer Rose LLP
  • Article: View Original Source

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