Georgian American Alloys, Inc & Or v White & Case LLP & Anor

Georgian American Alloys, Inc & Or v White & Case LLP & Anor

White & Case LLP failed to discharge the evidential burden of showing there is no real risk that confidential information obtained during the Optima Engagement has been or will be disclosed to the Pinchuk Team, given the absence of effective institutional barriers prior to March 2013 and the overlap of personnel. The risk of inadvertent disclosure is sufficient to justify an injunction restraining White & Case from acting for Mr Pinchuk in the Commercial Court action.

Parties
Claimant: Georgian American Alloys, Inc; Claimant: CC Metals and Alloys, LLC; Claimant: Felman Production, LLC; Claimant: Felman Trading, Inc; Claimant: Georgian Manganese, LLC; Claimant: Vartsikhe 2005, LLC; Claimant: Optima Industrial Management, LLC; Defendant: White & Case LLP (England and Wales); Defendant: White & Case LLP (New York, USA)
Jurisdiction
England and Wales
Judgment Date
31 January 2014
Procedural Posture
Application for Permanent Injunction / Judgment on Application
Outcome
Injunction granted
Legal Topics
Solicitor Client Relationship, Chinese Walls (ethical Screens), Injunctions, Legal Professional Privilege
Professional Conduct Conflict of Interest Confidentiality Solicitor Client Relationship Chinese Walls (ethical Screens) Injunctions Legal Professional Privilege

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 6 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

Georgian American Alloys, Inc

Claimant

CC Metals and Alloys, LLC

Claimant

Felman Production, LLC

Claimant

Felman Trading, Inc

Claimant

Georgian Manganese, LLC

Claimant

Vartsikhe 2005, LLC

Claimant

Optima Industrial Management, LLC

Claimant

White & Case LLP (England and Wales)

Defendant

White & Case LLP (New York, USA)

Defendant

Procedural Posture

Application for Permanent Injunction / Judgment on Application

Legal Issues

  1. 1 Whether White & Case LLP should be restrained from acting for Mr Pinchuk in proceedings adverse to former clients due to risk of misuse of confidential information.
  2. 2 Whether the information obtained during the Optima Engagement is confidential and relevant to the new matter.
  3. 3 Whether White & Case LLP has discharged the burden of showing there is no real risk of disclosure of confidential information.

Ratio Decidendi

White & Case LLP failed to discharge the evidential burden of showing there is no real risk that confidential information obtained during the Optima Engagement has been or will be disclosed to the Pinchuk Team, given the absence of effective institutional barriers prior to March 2013 and the overlap of personnel. The risk of inadvertent disclosure is sufficient to justify an injunction restraining White & Case from acting for Mr Pinchuk in the Commercial Court action.

Court Disposition

Injunction granted

Orders

  • White & Case LLP is restrained from acting for Mr Pinchuk in the Commercial Court action.