Risk Update

Disqualifications (Potential Witness Edition) — Boies Booted, Timeshare Time’s Up

Attys Disqualified From Wyndham’s Timeshare Exit Suit” —

  • “Magistrate Judge Jeffery S. Frensley on Monday granted Wyndham’s motion to disqualify Aubrey Givens and Kristin Fecteau Mosher from representing Mortgage Wellness Solutions LLC, which does business as Legal Timeshare Aid, and its owner, Charles Simerka. The case accuses Legal Timeshare and Simerka of running a scheme in which they falsely claimed they could help Wyndham timeshare owners terminate their purchase contracts.”
  • “A Tennessee magistrate judge has disqualified two attorneys representing a timeshare exit company in a false advertising suit brought by Wyndham Vacation Ownership Inc., saying both are necessary witnesses in the suit and must be available to testify.”
  • “‘Both Mr. Givens and Ms. Mosher are likely to be called as witnesses; indeed, plaintiffs have stated that they will be,’ Judge Frensley wrote in his 27-page order detailing evidence showing why both lawyers need to testify. ‘The Simerka defendants have pointed to no authority, and the court has found none, that supports the contention that a lawyer who is a necessary witness may nevertheless continue as an advocate in the proceeding because another lawyer who is also a necessary witness will testify.'”

Boies Schiller Attorneys Disqualified in Dershowitz Defamation Case” —

  • “A Jeffrey Epstein accuser who said she was forced to have sex with Alan Dershowitz may proceed with a defamation suit against the famed law professor, but she would have to do so without the representation of her longtime attorneys, a Manhattan federal judge ruled on Wednesday.”
  • “U.S. District Judge Loretta A. Preska of the Southern District of New York said Boies Schiller’s disqualification was “clearly required” under the witness-advocate rule, which bars attorneys from participating in cases where other lawyers in their firm might be called as witnesses.”
  • “Dershowitz’s attorneys said last month that he possessed a recording of name partner David Boies supposedly disparaging Giuffre’s account of her interactions with Dershowitz as untrue and said he intended to call Boies and other attorneys from the firm to testify at trial.”
  • “Preska said that position likely set up a situation in which the firm’s other partners and associates may be forced to offer testimony discrediting their boss’ allegedly prejudicial statements and raised the possibility that they would lack the independence to do so.”
  • “The ruling did, however, reject Dershowitz’ motion to dismiss the case on the grounds that it was time-barred under New York defamation law.”