Kirk v. First American Title Insurance Co.

The Bernheim and Kirk Law Firms (plaintiffs) represented plaintiffs in class actions against First American Title Insurance Company, initially defended by Bryan Cave, LLP; in 2007 Bernheim and Kirk disclosed confidential case information to Gary Cohen while soliciting his consulting services, which he declined. Cohen later joined Sonnenschein Nath & Rosenthal, LLP, and when Bernheim and Kirk again sought his consulting help in 2008, he declined because Sonnenschein represented First American - which then replaced Bryan Cave with Sonnenschein as its counsel the following month. Sonnenschein erected an ethical screen barring Cohen from the matter, but the trial court granted Bernheim and Kirk's motion to disqualify the entire firm, ruling that Cohen's possession of disqualifying confidential information made vicarious disqualification of Sonnenschein automatic regardless of any ethical wall, and First American and Sonnenschein appealed.