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MILBANK, TWEED, HADLEY & McCLOY v. BOON

No. 491, Docket 93-7418.

13 F.3d 537 (1994)

MILBANK, TWEED, HADLEY & McCLOY, Plaintiff-Appellant, v. Chan Cher BOON, Defendant-Third-Party-Plaintiff, v. Tan Sri Dato Wen Tian QUANG, Third-Party-Defendant. Carol Sui Han LEO, Third-Party-Defendant-Counter-Claimant-Appellee, v. Chan Cher BOON and Milbank, Tweed, Hadley & McCloy, Counterclaim-Defendants.

United States Court of Appeals, Second Circuit.

Decided January 3, 1994.

Attorney(s) appearing for the Case

Harvey R. Miller, New York City (Weil, Gotshal & Manges), for plaintiff-appellant.

Andrew S. O'Connor, New York City (Liddle, O'Connor, Finklestein & Robinson), for plaintiff-appellant.

Gerard E. Lynch, New York City (Sara E. Moss, Robert P. Haney, Nancy L. Kestenbaum, Howard, Darby & Levin, of counsel), for third-party-defendant-counter-claimant-appellee.

Before: McLAUGHLIN, JACOBS and REAVLEY, Circuit Judges.

REAVLEY, Circuit Judge:

The New York law firm of Milbank, Tweed, Hadley & McCloy ("Milbank") appeals from a judgment awarding Carol Sui-Han Leo ("Mrs. Leo") $2,000,000 on her claim that Milbank breached its fiduciary duty to her. After representing Mrs. Leo through her agent, Chan Cher Boon ("Chan"), Milbank represented Chan alone without Mrs. Leo's consent in completing the same transaction. A jury found that Milbank's

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