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
Court
U.S. Bankruptcy
Attorneys
Plaintiff
Kenneth A. Brunetti
(Brunetti Rougeau LLP)
Christopher D. Sullivan
(Diamond McCarthy LLP)
Defendant
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.
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