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Kaselaan & D'Angelo Associates, Inc. v. D'Angelo

144 F.R.D. 235 (1992)

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Kaselaan & D'Angelo Associates, Inc. v. D'Angelo

United States District Court for the District of New Jersey

144 F.R.D. 235 (1992)

Facts

A company purchased the stock of Kaselaan & D’Angelo Associates, Inc. (K&D) (plaintiff) from William D’Angelo (defendant) and his partner. D’Angelo agreed to remain at K&D for six years and not solicit K&D’s clients and employees or misappropriate confidential business information. K&D sued D’Angelo for violating the agreement, engaging in unfair competition, misappropriating confidential information, and breaching his duty of loyalty. D’Angelo retained attorney John Rosenberg. K&D moved to disqualify Rosenberg and his firm because Rosenberg and his former law firm had represented K&D in claims against employees for the same conduct alleged against D’Angelo. D’Angelo maintained that disqualification was not required because the facts of the matters Rosenberg had handled for K&D were not identical to those of the current representation.

Rule of Law

Issue

Holding and Reasoning (Simandle, J.)

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