Pricewaterhousecoopers LLP v. Cahill

• Citation: 2022 NY Slip Op 31174 (U)
• Decision Date: 06 April 2022
• Docket Number: Index 653664/2020
• Parties: PRICEWATERHOUSECOOPERS LLP Petitioner, v. JOHN CAHILL, Respondent. MOTION SEQ. No. 004
• Court: United States State Supreme Court (New York)

2022 NY Slip Op 31174(U)

PRICEWATERHOUSECOOPERS LLP Petitioner,
v.
JOHN CAHILL, Respondent.

MOTION SEQ. No. 004

Index No. 653664/2020

Supreme Court, New York County

April 6, 2022

Unpublished Opinion

DECISION + ORDER ON MOTION

HON. MARGARET CHAN JUDGE.

The following e-filed documents, listed by NYSCEF document number (Motion 004) 64, 65, 66, 67, 68, 70, 71, 72, 73, 74, 75, 76, 77, 78, 79 were read on this motion to/for MISCELLANEOUS

Respondent John Cahill moves for an order (i) revoking or vacating the orders dated September 20, 2021 and September 8, 2020 pursuant to CPLR 5015(a)(3) and/or CPLR 2221, CPLR 5701(a), and the inherent authority of the court, (ii) remanding the action to the District Court of Hennepin County, State of Minnesota (the Minnesota court), in an action titled Cahill v Price Waterhouse Coopers LLC (the Minnesota action) for further proceedings or, alternatively, (iii) scheduling an evidentiary hearing or jury trial to resolve any factual disputes regarding the relief sought. Petitioner PriceWaterhouse Coopers LLC (PwC), opposes the motion

PwC is a Delaware limited liability partnership and professional services firm that provides, inter alia, audit, tax and consulting services (NYSCEF # 1-Petition, ¶ 2). Cahill is an attorney who joined PwC as a partner in June 2016, as a resident in its Minneapolis office (id., ¶3). At the time he joined PwC, Cahill became a party to the PwC Partners and Principals Agreement (the Partnership Agreement) (id., ¶ 4; NYSCEF # 85-Partnership Agreement).

Section 12.1 of the Partnership Agreement provides, in pertinent part, that:

(a) Any claim or controversy (including without limitation a claim or controversy involving a Former Individual) arising out of the provisions of this Agreement, the interpretation thereof or the practice, business or affairs of the Firm shall be settled by arbitration conducted by the American Arbitration Association

1

("AAA") in the City of New York in accordance with the Commercial Arbitration Rules of the AAA then in effect or such other alternative dispute resolution ("ADR") service as the parties may agree.... The Supreme Court of the State of New York, New York County shall have jurisdiction over any proceeding related to any arbitration under this Agreement and judgment on any award rendered in such arbitration may be entered in that court or in any other court having jurisdiction

(b) Without prejudice to the requirement for arbitration, each Individual agrees that [PwC] may seek provisional relief from a court of competent jurisdiction (in each case whether such Individual is at the time such relief is sought an Individual or a Former Individual): (i) in aid of such arbitration or to prevent any award sought from being rendered ineffectual; or (ii) to protect [confidential] Information ....

(NYSCEF#85-§12.1 [a][b]).

After PwC required Cahill to withdraw from the firm effective June 30, 2020, Cahill commenced the Minnesota action, in which he alleged that PwC fraudulently induced him to accept a position at PwC with the intent to take advantage of his client relationships and then required him to...