Professor Clark D. Cunningham -- Expert Witness on Legal Ethics
Alan Cohen as Trustee of Friedman's Creditor Trust v. Morgan Schiff & Co., 385 B.R. 381,. 446-62 (S.D. Ga. 2008) (opinion and order denying defendants' motion to dismiss, citing Cunningham expert witness affidavit for plaintiff on malpractice claim against debtor's former law firm). Law firm settled malpractice claim shortly after this decision, 394 B.R. 623, 634 (S.D. Ga. 4/16/08).
McKesson Information Solutions LLC v. Duane Morris LLP (Fulton County Superior Court, Georgia 2006). (Lawsuit seeking to disqualify a major national law firm for conflict of interest. As independent expert, testified that purported waiver of future conflicts in engagement letter was inconsistent with Georgia Rules of Professional Conduct, contradicting expert opinion offered on behalf of law firm by Steven Krane, Chair of the ABA Standing Committee on Ethics and Professional Responsibility. In decision ordering disqualification of the law firm, the court held that the purported waiver was invalid. The case attracted national attention; see, e.g., Greg Land, Duane Morris' conflict fight has broad reach -- Lawyers watching as McKesson Corp. seeks to force firm off case (Fulton County Daily Report, Nov. 2, 2006).) For more information: http://law.gsu.edu/ccunningham/PR/McKesson.htm
Snapping Shoals Elec. Membership Corp. v. RLI Ins. Corp., 2006 WestLaw 1877078 (N.D.Ga. 2006) (order disqualifying major national law firm for conflict of interest) (served as expert witness in support of motion to disqualify).
ETS Creditors’ Litigation Trust v. Charles Edwards et al (N.D. Ga.) (expert witness for plaintiff appointed by bankruptcy court to represent victims of one of the largest investor scams of the decade, the ETS Payphone scheme; retained in 2005 to evaluate the ethical conduct of law firm that represented the ETS corporation and its sole stockholder; monetary settlement reached with law firm and individual attorneys). See Official Committee of Unsecured Creditors of PSA, Inc. v. Edwards, 437 F.3d 1145 (11th Cir. 2006) (appeal on unrelated issue).
State of Georgia v. Michael Abernathy, 630 S.E.2d 421 (Ga. App. 2006) (expert witness on conflict of interest in support of motion for new trial) (denial of new trial motion affirmed on appeal).
East Main Baptist Church v. Union Planters Bank,142 S.W.3d 729 (Mo. 2004) (expert witness for defendants in opposition to motion to certify class on grounds that class counsel created non-consentable conflict of interest by accepting payment of fees from potential defendant) (Missouri Supreme Court ruled for defendants, denying class certification, consistent with my expert opinion).
Monsanto Company v. Eugene Stratemeyer, S.D. Ill., Case No. 99-4197-GPM (1999) (expert witness in support of motion to disqualify; motion granted).