- Fox Rothschild defended both Martin Shkreli, his former company in securities fraud suit
- No actual or anticipated conflict, so disqualification denied
Former employee and investor Edward Painter sought to disqualify the firm because “Vyera may, at some point in the future, decide to assert cross-claims against Shkreli.” But the defendants waived any potential conflicts, Bloom said.
And Painter’s assertion about a cross-claim was “a mere smokescreen,” she said.
Painter was the director of investor relations at Turing, which later changed its name to Vyera Pharmaceuticals, LLC, according to his complaint. He sued Shkreli and Turing for alleged misrepresentations that induced Painter to invest in Turing and for breach of contract.
If the waivers are revoked or an actual conflict arises, Bloom said the issue could be revisited.
Painter was represented by Lally & Misir, LLP. Defendants were represented by Fox Rothschild LLP.
The case is Painter v. Turing Pharm., LLC, E.D.N.Y., No. 17-CV-7558, 8/7/18.
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