You literally just hired a superstar. Ima Superstar graduated from a top law school, clerked for a great judge and spent the last two years practicing at Big & Expensive LLP (“B&E”), the most prestigious law firm in this region. Now she works for you. Even better, she spent her two years at B&E in the bankruptcy group researching and writing on complex issues. You were just retained by Mom & Pop Construction (“MPC”) to represent it as a creditor in the bankruptcy case of Grew Too Fast Inc. (“GTF”). Superstar will help you prove that MPC’s mechanic’s liens have first priority on GTF’s assets. This will be great.
Or not. MegaBank was GTF’s primary secured lender and asserts that it holds a first priority lien on GTF’s assets. B&E represents MegaBank. MegaBank files an adversary proceeding to determine lien priority. Just as the discovery process begins, B&E moves to disqualify you and your firm. B&E asserts that Superstar worked for B&E when it analyzed MegaBank’s case. Thus, Superstar is disqualified from representing MPC and, by imputation, so are you.
This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.
To view this content, please continue to their sites.
LexisNexis® and Bloomberg Law are third party online distributors of the broad collection of current and archived versions of ALM's legal news publications. LexisNexis® and Bloomberg Law customers are able to access and use ALM's content, including content from the National Law Journal, The American Lawyer, Legaltech News, The New York Law Journal, and Corporate Counsel, as well as other sources of legal information.
For questions call 1-877-256-2472 or contact us at [email protected]