For Your Data Tekni-Plex, Inc. V. Meyner & Landis Illustration Brief
December 18, 2020
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Tekni-Plex, Inc. v. Meyner & Landis illustration brief summary
89 N.Y.2d 123, 674 N.E.2d 663, 651 N.Y.S.2d 954 (1996)
SYNOPSIS:
The old shareholder of the prior corporation besides every bit the police describe theatre that represented the corporation sought review of a determination yesteryear the Appellate Court of NY.
The courtroom had affirmed that granting of a motility yesteryear the novel corporation which would disqualify the police describe theatre from representation of the shareholder inwards whatever activeness against the corporation.
OVERVIEW:
A police describe theatre represented the older corporation environmental (as good every bit other) matters.
The sold shareholder of the old corporation sold its assets to the novel corporation.
The novel corporation continued its business.
When a dispute arose that concerned environmental misrepresentations yesteryear the shareholder out of the acquisition, the novel corporation sought a disqualification.
HOLDING:
The courtroom applied a three-part test, as well as held that the police describe theatre should hold upward disqualified from representing the shareholder.
ANALYSIS:
The courtroom held that the authorization to assert the attorney-client privilege passed to the novel corporation regarding communications betwixt the old corporation as well as the police describe theatre on matters of environmental compliance.
The courtroom held that the police describe theatre should hold upward enjoined from disclosing the environmental-related communications to the shareholder.
The courtroom directed the police describe theatre to give related files to the novel corporation.
The novel corporation did non command the attorney-client privilege amongst regard to communications that concerned the acquisition.
The novel corporation was entitled to the police describe firm's confidential communications that concerned its representation of the old corporation amongst regard to the acquisition.
OUTCOME:
The courtroom affirmed the social club of the appellate division.
The courtroom modified the social club to let the shareholder to retain the attorney-client privilege for matters that had to create amongst the acquisition of the old corporation yesteryear the novel corporation.
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89 N.Y.2d 123, 674 N.E.2d 663, 651 N.Y.S.2d 954 (1996)
SYNOPSIS:
The old shareholder of the prior corporation besides every bit the police describe theatre that represented the corporation sought review of a determination yesteryear the Appellate Court of NY.
The courtroom had affirmed that granting of a motility yesteryear the novel corporation which would disqualify the police describe theatre from representation of the shareholder inwards whatever activeness against the corporation.
OVERVIEW:
A police describe theatre represented the older corporation environmental (as good every bit other) matters.
The sold shareholder of the old corporation sold its assets to the novel corporation.
The novel corporation continued its business.
When a dispute arose that concerned environmental misrepresentations yesteryear the shareholder out of the acquisition, the novel corporation sought a disqualification.
HOLDING:
The courtroom applied a three-part test, as well as held that the police describe theatre should hold upward disqualified from representing the shareholder.
ANALYSIS:
The courtroom held that the authorization to assert the attorney-client privilege passed to the novel corporation regarding communications betwixt the old corporation as well as the police describe theatre on matters of environmental compliance.
The courtroom held that the police describe theatre should hold upward enjoined from disclosing the environmental-related communications to the shareholder.
The courtroom directed the police describe theatre to give related files to the novel corporation.
The novel corporation did non command the attorney-client privilege amongst regard to communications that concerned the acquisition.
The novel corporation was entitled to the police describe firm's confidential communications that concerned its representation of the old corporation amongst regard to the acquisition.
OUTCOME:
The courtroom affirmed the social club of the appellate division.
The courtroom modified the social club to let the shareholder to retain the attorney-client privilege for matters that had to create amongst the acquisition of the old corporation yesteryear the novel corporation.
---
Interested inwards learning how to acquire out the superlative grades inwards your police describe schoolhouse classes? Want to acquire how to report smarter than your competition? Interested inwards transferring to a high ranked school?
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