Date: 01-31-2008

Case Style: Bro-Tech Corp. d/b/a Purolite, et al. v. Morgan Lewis & Bockius

Case Number: Unknown

Judge: Albert W. Sheppard

Court: Court of Common Pleas, Philadelphia County, Pennsylvania

Plaintiff's Attorney: Marc E. Kasowitz of Kasowitz Benson Torres & Friedman, New York, New York and Clifford E. Haines of Haines & Associates, Philadelphia, Pennsylvania

Defendant's Attorney: William J. O'Brien and Nancy Gellman of Conrad O'Brien Gellman & Rohn, Philadelphia, Pennsylvania

Description:

Don and Stefan Brodie and their company, Bro-Tech Corp. d/b/a Purolite, sued Philadelphia law firm Morgan Lewis & Bockius on legal malpractice, breach of fiduciary duty and breach of contract theories claiming that defendant's lawyer gave bad advice about the potential consequences of a Canadian subsidiary selling products to Cuba in possible violation of the U.S. Trading with the Enemy Act after they asked for defendant's advice on the issue. In 1996, the U.S. Customs Service opened an administrative investigation against the Brodies and Purolite. A Morgan Lewis lawyer met with customs officials and the matter was then turned over to the United States Attorney's office for the Eastern District of Pennsylvania, which investigated Purolite Canada's sales to Cuba in 1997. The Brodies were indicted in 2000, Kasowitz said. Don Brodie took a plea deal and Stefan Brodie had his guilty verdict overturned by the trial judge, U.S. District Judge Mary A. McLaughlin. The 3rd U.S. Circuit Court of Appeals eventually reinstated the verdict and the case was sent back for a new trial as alternatively ordered by McLaughlin. Brodie took a plea deal before the second trial began and received one-year probation and a $10,000 fine, according to court records.

Defendant claimed that it told plaintiff that they could not legally sell merchandise to Cuba and sent a memo to them stating that advice. Defendant claimed that Plaintiffs failed to follow the advice that they were given by Morgan Lewis partners Joseph Griffin and Joseph Hennessy.

Outcome: Defendant's verdict.

Plaintiff's Experts: Unknown

Defendant's Experts: Unknown

Comments: None