FKB’s Mike Furman, Christopher D. Skoczen and Steven Kaufman prevailed on a pre-answer motion to dismiss a complaint against corporate counsel alleging defamation per se, breach of fiduciary duty and legal malpractice.  The plaintiffs were shareholders in the corporation represented by FKB’s client where a dispute arose between the shareholder and corporate management.  The plaintiff filed a separate action against FKB’s client, accusing counsel of collusion and seeking to obtain leverage over management in the companion action by disqualifying FKB’s client.

FKB demonstrated convincingly that the representations of FKB’s client were entitled to privilege as counsel for the corporate management and were subject to long-standing privilege protecting statements made in anticipation of litigation.  FKB also successfully challenged Plaintiff’s allegations that the statute of limitations was tolled.  FKB argued forcefully that FKB’s client had no duty to the corporate shareholder, and therefore could not be liable for legal malpractice.  The Supreme Court, Suffolk County agreed and dismissed the action in its entirety, while also denying Plaintiff’s motion to disqualify FKB’s client in the companion action.

If you have any questions about this decision, or the defense of attorneys in general, please contact Mike Furman, Christopher D. Skoczen or Steven Kaufman.