Law Firm Defense
and Legal Ethics

Aurelian law firm defense and legal ethics:

Experience

Illustrative experiences of Aurelian attorneys, including from prior representations before founding Aurelian Law:

Killmer, Lane & Newman, LLP v. BKP, Inc., 535 P.3d 91 (Colo. 2023). Aurelian partner Brian M. Feldman represented a nonprofit law firm in defending against defamation and related claims by a company that the law firm’s clients had sued. In this decision, the Colorado Supreme Court shut down the attempt to hold the attorneys liable for a press release issued at the outset of the litigation. The Court adopted litigation privilege arguments developed and argued by Mr. Feldman to protect lawyers from retaliatory defamation litigation. The precedent led legal commentators to caution litigants to “exercise caution and pick their battles,” rather than raise defamation claims against opposing counsel.

Meyer v. Kalanick, 212 F. Supp. 3d 437 (S.D.N.Y. 2016). In this widely covered opinion, Aurelian partner Brian M. Feldman served as lead counsel in successfully invoking the crime-fraud exception based on attorney and investigator misconduct, securing the payment of compensatory attorneys’ fees and an injunction against further litigation misconduct. U.S. District Judge Jed S. Rakoff began his opinion with these two sentences: “It is a sad day when, in response to the filing of a commercial lawsuit, a corporate defendant feels compelled to hire unlicensed private investigators to conduct secret personal background investigations of both the plaintiff and his counsel. It is sadder yet when these investigators flagrantly lie to friends and acquaintances of the plaintiff and his counsel in an (ultimately unsuccessful) attempt to obtain derogatory information about them.”