Caught copying!

Here's an unpub from 4/3 that address plagiarism in fn.4:

To say the least, the unattributed use of another attorney’s material is of concern to this court. It is a serious breach of ethics and a violation of rule 8.4 of the Rules of Professional Conduct, which provides it is professional misconduct for a lawyer to “engage in conduct involving dishonesty, fraud, deceit, or reckless or intentional misrepresentation.” (Rules Prof. Conduct, rule 8.4(c), asterisk omitted; see also Lohan v. Perez (E.D.N.Y. 2013) 924 F.Supp.2d 447, 460 [“With respect to defendant’s allegations that the majority of the Opposition was plagiarized, plaintiff and her counsel do not deny these assertions. Indeed, defendant’s submissions to the Court evidence that almost the entire text of the Opposition is taken from unidentified, unattributed sources. [Citation.] Obviously, this type of conduct is unacceptable and, in the Court’s view, is sanctionable pursuant to its inherent powers”].) Because counsel readily took responsibility for the unattributed use of Ms. Gusdorff’s language and apologized for what he described as an inadvertent error, we elect not to impose sanctions. We strongly caution counsel, however, to ensure no further acts of plagiarism infect his briefing in this or any other court.