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The case related to co-CEOs of translation services company TransPerfect. Phillip Shawe wanted to disqualify Ronald Greenberg of Kramer Kevin Naftalis & Frankel from representing his co-CEO Elizabeth Elting, on the grounds that Mr Greenberg had been an important player in various previous disputes.
Heated affair
When giving evidence in the case, Mr Greenberg was instructed by colleague Philip Kaufman to not answer 75 questions. Chancellor of the court Andre Bouchard decided to require Kramer Levin to pay the legal fees surrounding the deposition of its attorney. He held that many of the questions that went unanswered were 'benign'. The Chancellor wrote: 'The litigation of these actions has been a heated affair to be sure, but that does not excuse unprofessional conduct. Mr Kaufman’s defense of this deposition crossed the line between zealous advocacy and unprofessional conduct, and frustrated the fair examination of Mr Greenberg.'
Counsel to the witness
The Chancellor explained that he decided to sanction the firm rather than Mr Kaufman, as the latter had mainly been acting as counsel to the witness during the deposition. Sources: ABA; Law 360
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