Legal Malpractice

"Helping the Competition" Legal Malpractice Dismissal Motion

By (Andrew Lavoott Bluestone)

We reported on this case last week; it's an example of big law legal malpractice.  The general view of legal malpractice limits its reach to small cases involving personal injury and blown statutes of limitation.  However, cases such as this one are huge.

From Law.Com and the Blog of Legal Times: "A team of lawyers representing Hogan & Hartson has filed a motion to dismiss a suit that alleges the firm committed legal malpractice, breach of contract and breach of fiduciary duty.

Prestige Brands Inc. sued the Washington, D.C., law firm, claiming lawyers at Hogan used attorney-client communication to help a competitor bring a product to the market quicker than it could have without Hogan's representation. Prestige and the competitor, DenTek Oral Care Inc., are both the makers of an over-the-counter mouth guard designed to prevent people from grinding their teeth while they sleep.

The motion to dismiss, which was filed by Zuckerman Spaeder in D.C., Superior Court Friday afternoon, claims that Prestige did not plead sufficient facts to establish Hogan was guilty of a conflict of interest and a breach of duty. The motion states that Prestige "does not allege facts to establish that the alleged conflict or possession of confidential information proximately caused a reduction in Prestige's market share."

The motion also says that Prestige did not plead any facts against the two lawyers named in the suit, Hogan partner Howard Holstein and former Hogan partner Jeffrey Shapiro, that would show either lawyer committed malpractice or a breach of fiduciary duty. (Shapiro is now a partner with Hyman, Phelps & McNamara.)

The motion also states that the court should dismiss Prestige's request for punitive damages because the company does not allege Hogan acted with "malicious intent." "

Full post as published by New York Attorney Malpractice Blog on March 24, 2009 (boomark / email).