Judge Says Son’s Job Doesn’t Merit Recusal in Spoliation Case
A New York judge has ruled that his son’s employment as an associate at Greenberg Traurig does not require his recusal from a case involving spoliation accusations against the firm.
Judge Herman Cahn said recusal wasn’t necessary because his son would not be “substantially affected” by the case, involving a burned document central to the underlying dispute, the New York Law Journal reports. He also pointed out that he notified the parties of his son’s employment at the outset of the case and they agreed he should remain as judge.
“While young associates are a vital part of the structure of large firms, they do not normally, at this point in their careers, have a substantial stake in the cases and clients that the law firms represent,” Cahn wrote.
The dispute involves a pay agreement for a former hedge fund partner. At issue is whether there was an amendment to the pay agreement and whether the document said to memorialize it was fabricated.
The hedge fund partner, represented by Greenberg Traurig partner Leslie Corwin, claimed the document was accidentally burned while making tea. His opponent in the litigation claims the fire was intentionally set to cover up a fabricated agreement, and Corwin failed to quickly disclose the document had been damaged, the legal newspaper reports.
Greenberg Traurig claims the spoliation claims are frivolous.
