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Professional Responsibility Keyed to Gillers
Tekni-Plex, Inc. v. Meyner & Landis
Citation:
89 N.Y.2d 123, 674 N.E.2d 663, 651 N.Y.S.2d 954 (1996)Facts
Meyner & Landis represented old Tekni-Plex and its sole shareholder, Tom Tang, for many years in various matters including environmental compliance issues. When Tang decided to sell the corporation, Meyner & Landis represented both Tang and old Tekni-Plex in negotiating the merger agreement with the acquiring company. The merger agreement contained representations and warranties regarding environmental compliance. After the merger was completed, the new Tekni-Plex initiated arbitration proceedings against Tang, alleging misrepresentations regarding environmental compliance. Tang retained Meyner & Landis to represent him in these proceedings. New Tekni-Plex moved to disqualify the law firm, arguing that it had previously represented old Tekni-Plex on the same matters now in dispute, creating a conflict of interest.
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