Serial Adversaries Are Still No Big Deal

Judge Indira Talwani issued an order on plaintiff Erik Cherdak's renewal of his motion to disqualify, which we talked about last year in Serial Adversaries Are No Big Deal. And once again, she found that for Cooley, serial adversaries are still no issue. Judge Talwani again found no evidence that Cooley's representation of two separate defendants in two separate litigations against Mr. Cherdak constituted a disqualifying conflict of interest.

Cooley, which represents Koko FitClub in this litigation, had previously represented Core Industries, LLC, in a dispute with Mr. Cherdak. That dispute ultimately resulted in a confidential settlement agreement. Mr. Cherdak renewed his motion to disqualify after Cooley utilized language and materials from the Core settlement agreement while preparing a draft settlement between Koko FitClub and Mr. Cherdak – even though Cooley emphasized that the Core settlement agreement itself had not been shared with Koko FitClub.