AT&T and its attorneys are challenging the entry of a former Dickstein Shapiro partner in a case that AT&T claims he is contractually bound to stay out of.
Albert Kramer, who did not respond to requests for comment, is representing plaintiffs in a breach of contract lawsuit (PDF) filed against AT&T in U.S. District Court for the District of Columbia. The plaintiffs are hundreds of independent payphone service providers who have accused AT&T of failing to fully pay them for calls placed through AT&T using access codes or toll-free numbers.
The plaintiffs, led by the American Public Communications Counsel and several other companies on behalf of the independent payphone service providers, sued AT&T in 1999. The year before, Kramer – the former head of Dickstein Shapiro’s communications practice – had been helping APCC prepare its case.
Dickstein Shapiro also counted AT&T among its clients, so the firm contacted the communications giant about the possible conflict. In December 1998, according to AT&T’s motion to disqualify (PDF) Kramer, Dickstein Shapiro entered into an agreement with AT&T that neither Kramer nor any other firm attorney would participate in the litigation.
As a result of the agreement, AT&T continued to retain Dickstein Shapiro to the tune of more than $46 million in fees from 1999 to the present.
On April 22, Kramer filed notice (PDF) that he planned to represent the plaintiffs in the case. Neither Kramer nor APCC returned a request for comment, but Kramer listed APCC as his employer in his notice. An e-mail sent to his Dickstein Shapiro address returned with a message confirming that he has left the firm.
AT&T filed a motion Tuesday to disqualify Kramer from participating in the case, arguing that the terms of the 1998 agreement still apply regardless of whether Kramer is still with Dickstein Shapiro. The motion indicates that Kramer left the firm recently, but did not specify a date. Kramer has not filed a response.
APCC is also being represented by Hagens Berman Sobol Shapiro. When reached Tuesday afternoon by phone, Hagens attorney Jeff Friedman declined to comment on AT&T’s motion. AT&T, through a spokesman, declined to comment. The company is being represented by attorneys from Washington’s Kellogg, Huber, Hansen, Todd, Evans & Figel, who have declined to comment on the case.
The underlying case is moving forward following the close of discovery in February. Dispositive motions are due this summer. The case is before U.S. District Judge Ellen Huvelle.
Its only privileged information when it doesn't help you win
We just convicted a guy for insider trading today how would this be any different, oh wait he is a lawyer
Posted by: Rob | May 12, 2011 at 02:54 AM