NEW YORK, July 9 (Reuters) - Bankrupt law firm Dewey &LeBoeuf will present some of its former partners with a proposed
settlement on Wednesday as it tries to recover money from
lawyers who departed as the firm was near collapse, a Dewey
lawyer said.
Al Togut, the lawyer leading Dewey through bankruptcy, said
at a court hearing on Monday that the firm will offer dollar
figures for proposed payments by former partners at a meeting
with them on Wednesday.
Dewey could have claims against partners who received hefty salary guarantees, as well as partners perceived to have taken
value from the firm when their clients followed them to new
firms.
It is unclear exactly which partners would be asked to
return money under Dewey's proposal and how much each individual
partner would be asked to return.
But the creditors' committee of Dewey said Togut was
over-selling the progress of settlement talks. None of Dewey's
creditor constituencies have signed off on a dollar figure for a
settlement, said Ed Weisfelner, a lawyer for the committee.
"There are a lot of hours between now and Wednesday and
hopefully we'll reach some closure," Weisfelner said. "I would
have thought Dewey would seek approval, a thumbs-up, from its
creditor constituencies."
Most of Dewey's 300 partners defected to other firms earlier
this year as the firm struggled with high debt and ultimately
filed for Chapter 11 protection in U.S. Bankruptcy Court in
Manhattan on May 28.
The Manhattan District Attorney's Office has launched a
probe of the firm's former chairman, Steven Davis, who has
denied wrongdoing.
When Dewey filed for bankruptcy, Togut said the firm was
close to a settlement with former partners. On Monday, he said
the process has been held up, in part due to delays in document
production.
'HUNDREDS OF THOUSANDS' OF BOXES
Separately at Monday's hearing, U.S. Bankruptcy Judge Martin
Glenn ordered Dewey to tap an ethics expert to weigh in on how
the firm should dispose of old client files scattered throughout
the world.
The matter has become contentious, with Dewey seeking
permission to implement procedures to dispose of "hundreds of
thousands" of boxes of old files.
Glenn granted Dewey's request that it give former clients
notice of its intent to destroy the files, providing a window
for them to claim the records if they wish.
But he criticized the firm's proposal to destroy all records
that were not claimed within the allotted window, citing a lack
of specificity on how the files, which include client trade
secrets and other private information, would be destroyed.
"There'd be nothing stopping anybody from sending these
files to the New York Times," Glenn said. "That really bothers
me. You're trying to wash your hands of files from a law firm
that dates back over 100 years."
But destroying documents costs money, which is why the issue
has become thorny. Dewey's proposal has drawn multiple
objections, including from storage facilities that house many of
Dewey's files and which want to be sure they are not on the hook
for the cost of shredding or otherwise destroying files.
Such costs are typically absorbed by law firms, but a lawyer
for Dewey told the judge the firm may not be able to bear them
as it liquidates.
Similar issues have played out in other law firm
bankruptcies, including those of Thelen LLP, Dreier LLP and
Coudert Brothers LLP.
There is no established law as to how bankrupt law firms can
dispose of client records. Glenn said he would seek an opinion
from "a recognized authority on professional ethics" over the
disposition of client files at the Dewey estate's expense.
Glenn also denied Dewey's application to retain Proskauer
Rose LLP to represent it on some employment law matters. The
judge said Proskauer could have a conflict of interest because
it had absorbed more than 60 former Dewey lawyers.
The case is In re Dewey & LeBoeuf LLP, U.S. Bankruptcy
Court, Southern District of New York, No. 12-12321.
(Reporting by Nick Brown)
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