Risk Update

Risk News — Firm Accused of Taxing Activity, Firm Disqualified Over Lawyer’s Former Work

Posted Dan Bressler

“Anapol Weiss Disqualified From $12M COVID Test Dispute Over Conflict Tied to Former Defense Lawyer” —

  • “A Chester County judge has ousted Anapol Weiss from a $12 million COVID-19 antibody test contract dispute after finding that the firm violated Pennsylvania’s Rules of Professional Conduct by hiring an attorney who previously represented the defendants without implementing a timely ethical screen, or providing required notice.”
  • “On Friday, Chester County Court of Common Pleas Judge Cheryl Austin granted a motion to disqualify Anapol Weiss after biotech company Advaite Inc. and its CEO, Karthik Musunuri, alleged the firm’s hiring Ashley Ann Garland created a conflict because she had previously worked on the case as a lawyer with Mitts Law, a small, business-side boutique.”
  • “The case, County of Chester v. Advaite, stems from Chester County’s claim that it entered into a $20 million contract with Advaite for 1 million COVID-19 antibody kits, but the company failed to deliver the tests on schedule, allegedly resulting in approximately $12 million in losses.”
  • “The defendants argued that Garland had previously represented them in the litigation while she worked at Mitts Law, claiming she devoted more than 2,000 hours to their case and that she became familiar with their confidential information and litigation strategy.”
  • “According to the defendants, Garland left Mitts Law in 2025 and briefly worked as a public defender before joining Anapol Weiss, which represents the opposing party. They claimed that Garland failed to notify them or provide written notice that an ethical screen had been imposed, and that this move violated Pennsylvania’s Rules of Professional Conduct.”
  • “The defendants further alleged that Garland’s alleged conflict applied to the entire firm, and that any ‘after-the-fact’ ethical wall is legally insufficient. Given that Garland had played a central role in the litigation, all of Anapol Weiss, a 32-lawyer plaintiffs firm, should be disqualified, they argued.”
  • “Austin agreed, concluding that Rule 1.10(b) was violated because Garland had allegedly been extensively involved in representing the defendants while employed at Mitts Law and then later joined Anapol Weiss without providing the required notice or screening measures. Because those steps are mandatory under Rule 1.10(b) when a lawyer switches sides in a matter involving materially adverse interests, the violation warranted disqualification, the judge said.”

“Pullman & Comley Accused Of Acting As Town’s Tax Office” —

  • “A Connecticut taxpayer has filed a proposed class action against Pullman & Comley LLC, one of its attorneys, the town of Woodstock and its official tax collector, accusing the town of illegally delegating authority and the firm of overstepping while working as an arm of the tax office.”
  • “In a complaint filed Monday in Connecticut state court, Woodstock resident Neal R. Syriac alleged the town hired Pullman & Comley attorney Adam J. Cohen to ‘perform the tax collector’s statutory duties,’ such as mailing tax sale notices, communicating warnings, conducting auctions, preparing deeds and imposing fees. Syriac said those duties cannot be delegated under Connecticut state statutes and must be performed by the actual municipal tax collector.”
  • “‘The firm’s business model depends on performing non delegable governmental functions,’ Syriac said of Pullman & Comley.”
  • “‘These actions are not legal services; they are governmental acts performed without statutory authority,’ he added.”
  • “The town tax collector declined to comment Tuesday. A Pullman & Comley spokesperson had no immediate comment.”
  • “In his eight-count complaint, Syriac alleged Cohen and the law firm violated the Connecticut Unfair Trade Practices Act and assumed without legal authority duties reserved for the tax collector. He also accused Cohen and Pullman & Comley of negligence per se, and aiding and abetting the town’s conduct.”
  • “The town and tax collector Nora Valentine are accused of violating Syriac’s due process rights.”
  • “All the defendants — the law firm, the attorney, the town and the tax collector — are accused of civil conspiracy. Additional counts seek judgments deeming the alleged delegation illegal and voiding any tax notices ‘issued by private actors.’ Syriac also seeks an injunction banning Pullman & Comley from performing any duties under Section 12-157 of the Connecticut General Statutes, which details tax sale procedures.”