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Arenson Office Furnishings Inc. v. Kopelman

Denial of Law Firm's Disqualification as Counsel, as Witness in Breach Suit, Is Explained

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MEMORANDUM OPINION AND ORDER Plaintiff Arenson Office Furnishings, Inc. (“Arenson”) brings this action against Defendant Michael Kopelman (“Kopelman”), its former employee, for breach of contract, unjust enrichment, and declaratory relief. (See generally Complaint [ECF No. 1-1].) Before the Court is Arenson’s motion to disqualify Brach Eichler LLC as counsel for Kopelman. (Mot. Disqualify [ECF No. 5].) For the reasons discussed below, Plaintiff’s motion is DENIED without prejudice. BACKGROUND1 Kopelman began working as a sales representative for Arenson, a furniture dealer, in 2011. (Compl.

5-6 [ECF No. 1-1].) The terms and conditions of Kopelman’s employment were set forth in an Offer Letter signed by Kopelman. (Id. 9 & Ex. A.) Pursuant to the Offer Letter, Kopelman was compensated with a draw-against-commission arrangement whereby Kopelman received a fixed salary of $200,000 and was required to generate sales that would result in commission payments that equaled or exceeded his draw. (Id.

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