Tag Archives: Rules of Professional Conduct

Improper Notarization of Signature for Complaint Results in Dismissal

Bessenyei v. Vermillion, Inc., C.A. No. 7572-VCN (Del. Ch. Nov. 16, 2012). Issues Addressed: (1)  Whether a notarized signature signed in the absence of a notary results in an invalid verification; and (2)  Whether knowingly presenting an improperly notarized verification is a basis to dismiss the complaint under Delaware Court of Chancery Rule 41(b). Short Answers: (1)  Yes; … Continue Reading

District Court Disqualifies Firm Due to Client Representation of Over 15 Years Ago

We have written frequently on these pages about decisions that have addressed potential conflicts of interest in the litigation context, both real and imagined, in the state and federal courts. See, e.g., cases and articles on these pages here. The U.S. District Court for the District of Delaware recently disqualified counsel based on a finding of a … Continue Reading