This is the property of the Daily Journal Corporation and fully protected by copyright. It is made available only to Daily Journal subscribers for personal or collaborative purposes and may not be distributed, reproduced, modified, stored or transferred without written permission. Please click "Reprint" to order presentation-ready copies to distribute to clients or use in commercial marketing materials or for permission to post on a website. and copyright (showing year of publication) at the bottom.

Legal Malpractice
Professional Negligence
Bankruptcy Proceeding

In Re: Heller Ehrman LLP, Liquidating Debtor

Published: Oct. 12, 2013 | Result Date: Sep. 24, 2013 | Filing Date: Jan. 1, 1900 |

Case number: 3:08bk32514 Settlement –  $4,900,000

Facts

On Dec. 28, 2008, Debtor Heller Ehrman LLP filed for Chapter 11 bankruptcy. In 2010, the bankruptcy court confirmed debtor's plan of liquidation. In 2011, the debtor filed a professional negligence claim against Greenberg Traurig LLP in connection with Greenberg's representation of debtor leading to and after debtor's dissolution and leading up to debtor's bankruptcy filing.

Contentions

DEBTOR'S CONTENTIONS:
Debtor contended that defendant committed legal malpractice by failing to include advice related to bankruptcy/creditors' rights issues. Debtor contended that it was damaged by defendant's misconduct by failing to file for bankruptcy protection earlier.

DEFENDANT'S CONTENTIONS:
Defendant denied all allegations, claiming that its scope of engagement was much narrower than debtor alleged. Defendant contended that it was not required to advice debtor on bankruptcy/creditors' rights issues, and such, was not liable for any damages caused by debtor's failure to file for bankruptcy protection earlier.

Result

The parties agreed to settle their dispute for $4.9 million. The bankruptcy court subsequently approved the settlement.

Other Information

FILING DATE: Oct. 31, 2011.


#118355

For reprint rights or to order a copy of your photo:

Email jeremy@reprintpros.com for prices.
Direct dial: 949-702-5390