Ashby & Geddes helped a major Delaware law firm defeat a motion to disqualify it during expedited litigation. Working with the law firm’s general counsel, an A&G team helped to brief, and argued, the expedited motion in front of Delaware Chancellor Andre G. Bouchard.
Defendants in the case claimed that the law firm was conflicted because of work previously done for their financial consultant, and on September 29, 2017 they and the consultant filed a motion to disqualify the firm. A&G was asked to represent the law firm and together with the firm’s general counsel, working under an extremely expedited schedule, drafted and submitted a brief that vigorously disputed defendants’ claims. Oral argument was held on October 11, 2017, just twelve days after the motion was filed.
On November 21, the Chancellor issued an opinion holding that (1) there was no implied attorney-client relationship between the law firm and the defendants; and (2) that defendants had failed to establish that the firm’s representation of the plaintiffs would prejudice the fairness of the proceedings, and accordingly denied the motion in its entirety. Dollar Tree, Inc. et al. v. Dollar Express LLC, et al. C.A. No 2017-0411-AGB, (Del. Ch. Nov. 21, 2017).