Rosen Saba now counsel for pipe maker in suit against Sheppard Mullin

J-M Manufacturing is accusing its former law firm, Sheppard, Mullin, Richter & Hampton LLP, of fraud and breach of fiduciary duty.

The plastic pipe maker and its former law firm have been entangled in a years-long dispute over Sheppard Mullin's representation of J-M in a whistleblower suit filed by 200 government entity plaintiffs.

Sheppard Mullin had done unrelated work for one of the government entities involved in a whistleblower suit against the company, which J-M said invalidated its conflict waiver. The company refused to pay attorney fees estimated at $1.2 million.

The case made it to the state Supreme Court, which deemed the parties' engagement agreement unenforceable because the firm failed to obtain written consent of a known, actual conflict, in violation of the Rules of Professional Conduct. Sheppard, Mullin, Richter & Hampton LLP v. J-M Manufacturing Co., Inc., 2018 6 Cal.5th 59.

On remand, Sheppard Mullin, represented by Kevin S. Rosen of Gibson, Dunn & Crutcher LLP, will argue its remaining quantum meruit claim. In response papers filed this week, J-M Manufacturing's new attorneys, James R. Rosen and Elizabeth L. Bradley of Rosen Saba LLP, put forth the pipe maker's fraud claims.

The trial is set for May 4, 2020 before Los Angeles County Superior Court Judge Elaine W. Mandel.

-- Paula Lehman-Ewing