FKB obtains summary judgment victory for a law firm client in a legal malpractice action arising out a $145 million Florida real estate transaction.7/7/2008

FKB's Evon Howard and Mike Furman obtained a summary judgment dismissal of a legal malpractice action in New York State Supreme Court (New York County) arising out of the law firm client's representation of certain individual investors in a joint venture related to the $145 million purchase of condominium properties in Hollywood, Florida. The joint venture entity subsequently "flipped" the property, and the individual investors later sued the joint venture, resulting in a $5.5 million settlement. The joint venture entity subsequently sued the law firm under a conflict of interest theory, citing, among other things, the Operating Agreement that the law firm drafted for the joint venture. In support of the summary judgment motion, FKB pieced together the evidence that demonstrated that the law firm represented the individual investors only, and that in the underlying settlement, the joint venture principals signed a waiver that released "all attorneys," which included the law firm that represented the individual investors.

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