Kramer Levin is being hit with sanctions for deceiving adversaries and the court, as described by Law360 in this article. Kramer Levin Partners Ronald Greenberg and Philip Kaufman have been sanctioned multiple times and multiple venues in a series fraudulent misrepresentations. Greenberg and Kaufman are cohorts in a coordinated scheme to enrich themselves and exiting TransPerfect co-CEO Liz Elting, by attempting to bring about dissolution of the highly profitable and successful company.
Kramer Levin Hit with Sanctions for Misrepresentations (by Law360)
1. Kramer Levin Hit With Sanctions For Misrepresentations - Law360
http://www.law360.com/articles/610126/print?section=commercialcontracts
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Kramer Levin Hit With Sanctions For
Misrepresentations
By Michael Lipkin
Law360, San Diego (January 12, 2015, 6:46 PM ET) -- A New York state judge has sanctioned
Kramer Levin Naftalis & Frankel LLP for not acting quickly enough to correct a complaint it should
have known was wrong in a battle between two co-CEOs of a translation services company
fighting for control of the company’s payroll system.
Judge Melvin L. Schweitzer hit plaintiff Elizabeth Elting and her counsel at Kramer Levin with
sanctions on Dec. 22, ruling her complaint incorrectly said she and defendant Philip Shawe were
co-owners of TransPerfect Translations International Inc., which is actually owned by parent
company TransPerfect Global Inc. Elting and Shawe are co-CEOs and directors of both companies,
but only hold shares in Global after a 2008 restructuring.
Elting sued Shawe in May, seeking to remove him from TPI and dissolve the subsidiary. Elting
based her standing on claims she was a shareholder of TPI, according to the opinion. Ronald
Greenberg of Kramer Levin later admitted that was a mistake made on deadline as Elting and her
attorneys rushed to prepare their case and avoid a potential payroll crisis.
“That much the court is prepared to excuse. Mistakes happen,” Judge Schweitzer wrote, adding
the case genuinely involved a 50-50 ownership relationship “gone awry.”
But Judge Schweitzer said he would not excuse Elting or her lawyers for not immediately telling
him or Shawe’s lawyers once they discovered the error.
“Rather, they were content to set about preparing an amended complaint that would both correct
the facts and to change their legal theory of standing to add a derivative claim to accomplish their
purpose,” Judge Schweitzer wrote.
Shawe’s lawyers eventually spotted the mistake and filed a motion to dismiss, which never would
have been needed if Kramer Levin informed all the parties, according to the opinion. Elting and
the firm are both liable for paying Shawe back for the portion of his motion tied to TPI ownership
and for his motion seeking sanctions.
“The upshot here, at a minimum, was a waste of defendant’s time and resources for which
defendant deserves to be fully compensated for his costs,” Judge Schweitzer wrote.
The firm said on Monday the decision incorrectly assumed they knew about the error before the
motion to dismiss was filed, which it did not. Kramer Levin said it learned about the mistake from
the motion, responded to the court the next business day and quickly filed a superseding pleading