The complaint alleges, “When Cozen [O’Connor] poached McNeil’s attorneys from Pepper in the midst of an ongoing litigation, it knew that its ongoing representation of Mahoney would create an irreconcilable conflict under the Pennsylvania Rules of Professional Conduct, and it knowingly assumed that risk, and knowingly failed to timely implement an appropriate screen and give notice of that screen to McNeil. Cozen’s actions improperly provide its client, Mahoney, with an advantage in the litigation.”

According to the complaint, McNeil had worked with Ficken and Mullen for over a year on the arbitration claims before they left for Cozen O’Connor. They are not the attorneys of record for Mahoney in the arbitration matter.