After assault aback acknowledged malpractice claims, O’Melveny & Myers is now attractive to abolish the blow of a $54 actor accusation brought by a defalcation trustee.
The law close on Monday petitioned a California federal adjudicator to dismiss the actual claims of trustee Jeffrey Golden, who has declared the close fraudulently transferred millions of dollars out of applicant Aletheia Research and Management for acknowledged fees aloof afore it filed Chapter 7 defalcation papers.
In a 33-page motion for arbitrary judgment, attorneys apery the Los Angeles-based law close argued that Golden’s bankruptcy-related counterfeit alteration claims adjoin O’Melveny and two of its lawyers, Steven Olson and Jorge deNeve, should be absolved in allotment because his acknowledged abuse claims were already rejected by U.S. District Adjudicator Christina Snyder of the Central District of California.
Snyder is set to apprehend arguments over O’Melveny’s arbitrary acumen motion on March 30.
Snyder in November approved an adjudication accolade that absolved O’Melveny of claims that it bungled its representation of Aletheia Research and Management.
Neither the adjudication accolade nor Snyder’s cardinal affected the fraudulent alteration allegations and added bankruptcy-related claims filed by Golden, a accomplice at Weiland Golden Goodrich confined as Aletheia’s Chapter 7 trustee.
Golden claimed O’Melveny and its attorneys were conflicted in their representation of both Aletheia and its principal architect and majority shareholder, Peter Eichler. Golden accused Eichler of annexation his own aggregation as Aletheia stared bottomward a accusation from Proctor Investment Managers.
O’Melveny represented Aletheia for allotment of its action with Proctor; it withdrew from apery Aletheia, and addition close took over in aboriginal 2012 afterwards assorted attempts to achieve the litigation.
Golden alleges that from 2009 to 2011, O’Melveny and its lawyers fraudulently transferred at atomic $9.7 actor out of Aletheia for acknowledged fees. Aletheia filed for defalcation in 2012.
In its motion for arbitrary judgment, O’Melveny said Golden’s counterfeit alteration claims charge abort because an adjudicator begin “there was no battle of absorption and no malpractice” on its part.
Golden additionally accused O’Melveny of application its “insider” access with Aletheia to actuate Aletheia’s allowance carrier to accomplish two payments to O’Melveny accretion $38,000 in the abatement of 2012. O’Melveny argued in its arbitrary acumen motion that Golden cannot prove the law close met the approved or non-statutory analogue of an cabal at the time.
Golden is accepted to acknowledge to O’Melveny’s motion by Feb. 3. His appeal of Snyder’s approval of the adjudication accolade is awaiting afore the U.S. Court of Appeals for the Ninth Circuit.
Snyder alone Golden’s arguments that adjudicator Gary Feess was biased because Feess allegedly blamed Golden for his son’s abortion to defended summer accessory positions at both O’Melveny and Gibson, Dunn & Crutcher, the close apery O’Melveny and its attorneys in the abuse dispute.
O’Melveny’s attorneys at Gibson Dunn and Golden’s attorneys at the law close Brutzkus Gubner did not anon acknowledge to requests for comment.
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