Risk Update

Disqualification News — Lipstick on a Drunk Elephant & Way High Water Bills Edition

Posted Dan Bressler

(Part of the joy in this blog are the surprising little details…  and people ask me the story behind my LLC name…)

“L’Oreal Seeks DQ Of Lerner David In Cosmetics IP Row” —

  • “L’Oreal USA Creative Inc. urged the Western District of Texas to disqualify Lerner David Littenberg Krumholz & Mentlik LLP from representing Drunk Elephant LLC in the case involving a patent that covers cosmetic compositions, as the firm represented parent company L’Oreal USA Inc. from 2003 to 2016 in numerous patent matters, gathering confidential information along the way, according to Tuesday’s motion to disqualify.”
  • “Lerner David is still listed as the attorney of record with the U.S. Patent and Trademark Office for at least 72 L’Oreal patents; it worked on patents directly related to the patent in question, U.S. Patent No. 7,179,841; and it gathered numerous bits of confidential information about the cosmetic giant that could be used in the present litigation, according to a memorandum accompanying L’Oreal’s motion to disqualify. That meets the criteria for disqualification under the Texas Rules of Professional Conduct, according to the memorandum.”

“Water-Sewer Lawsuit Against City Has New Attorney, Carlos Moore” —

  • “Earlier this week, attorney Carlos Moore of the Cochran Firm stepped in to represent Jackson residents who are suing both Siemens Inc. and the City of Jackson. Moore, who has offices in Ridgeland and Grenada, entered the case following a judge’s order last month to dismiss former City Attorney Pieter Teeuwissen due to a conflict of interest.”
  • “The lawsuit represents six plaintiffs whose water service was cut off after they could not pay exorbitantly high and inaccurate water bills. One of the plaintiffs had a water bill for $34,000. The lawsuit alleges that the City knew that the water-sewer billing system was faulty but did not alert account holders. Some were making payments when their service was cut.”
  • “Judge Tiffany Grove disqualified Teeuwissen, who filed the lawsuit along with his co-counsel, because of his past role as city attorney, a position he held from July 1, 2009, to Sept. 30, 2013. He is currently counsel for the Hinds County Board of Supervisors.”

But then: “City of Jackson wants two more attorneys disqualified from water billing lawsuit” —

  • “In the court filing, the city argues Carlos Moore and James Bryant, both members of the Cochran Law Firm, should not be allowed to represent three plaintiffs in a lawsuit against Jackson.”
  • “According to the documents the City is represented by another member of the Cochran firm in the Siemens lawsuit. The filing also states Moore, Bryant and plaintiffs intentionally violated the Mississippi Rules of Professional conduct and the order of the court which was an explicit warning not only to attorneys but also to Plaintiffs in the case.”