Jon King, a California lawyer who was a founding partner at
Michael Hausfeld's eponymous antitrust shop but was fired from
the firm last October, spares no accusations in the 78-page wrongful termination complaint he filed last week in federal
court in the Northern District of California. The suit is a
compendium of supposed misbehavior by Hausfeld and some of his
partners, allegedly committed under the pressure of financial
straits. I'm not sure how much fire underlies the clouds of
smoke from King's red-hot complaint, but Hausfeld has made
enough enemies and is leading enough big cases -- including a
potentially gargantuan investor class action against the banks
that allegedly manipulated Libor rates -- that the suit is going
to be the talk of the antitrust bar.
I want to say up front that I emailed Hausfeld, asking him
to address some of the specific accusations in King's complaint.
I did not receive a reply from him, but a representative sent an
email statement: "This is an employment grievance from a former
partner of Hausfeld LLP," it said. "The firm separated with Mr.
King for good reason, and the allegations made by him are
baseless. We abide by the highest ethical standards and will
defend our reputation vigorously."
So keep Hausfeld's denial in mind as you consider King's
allegations that the firm took financial advantage of co-counsel
in litigation over the unauthorized use of likenesses of college
athletes in videogames; courted Asian electronics companies to
be plaintiffs in one antitrust case even as the firm litigated
against them in another action; tried to undermine client
development efforts by co-counsel; and signed the name of a
famous client -- NFL Hall of Famer Elvin Bethea -- to a letter
he did not write or support. Individually the accusations may
not amount to much, and there's a lot in King's kitchen-sink
complaint that, quite frankly, seems intended to tar the
reputation of some Hausfeld partners rather than to bolster
King's argument that he was fired for blowing the whistle on the
firm's unethical practices. But the complaint includes enough
details about the founding and operation of Hausfeld LLP to be a
fascinating inside look at the firm.
The essential problem at Hausfeld, according to King, is
money. The firm was founded as an antitrust boutique, but
antitrust cases take years to generate attorneys' fees.
Moreover, Hausfeld's determination to pursue cross-border
litigation -- the philosophy that led to his exceedingly bitter
split with the firm now known as Cohen Milstein Sellers & Toll
-- was costly, according to King. The firm struggled to keep
open a London office, even as the British courts issued
decisions that seemed to preclude the sort of global antitrust
class actions Hausfeld envisioned. The complaint said that
Hausfeld tried and failed to persuade litigation funding
companies and other antitrust firms to invest in the London
operation and finally had to ask partners to pledge personal
assets as surety on funding from Citigroup. (King asserts that
he voluntarily switched from equity to non-equity status because
soon after the firm's founding in 2008, he became concerned
about the firm's borrowing.)
Under financial duress, the complaint claims, the Hausfeld
firm cut corners and took advantage of co-counsel. In the
consolidated litigation over videogame makers using images of
college athletes without permission or compensation, King
alleges, Hausfeld, as lead counsel, created a shared litigation
fund and asked for contributions from co-counsel to support
combined efforts on behalf of the plaintiffs. But the firm
itself, according to King, made no contribution to the fund.
Hausfeld himself supposedly instructed King, who was one of the
lead partners on the case, not to tell the other plaintiffs'
firms, and when Hagens Berman Sobol Shapiro proposed a joint
motion to be named permanent lead counsel, King claims, Hausfeld
discussed how to get Hagens Berman to pay into the fund while
continuing to conceal the Hausfeld firm's failure to chip in. (I
emailed Steve Berman of Hagens Berman to ask about King's
allegation. He said King's complaint accurately reflected his
belief that the Hausfeld firm was overstaffing the college
athletes' case but said he wasn't privy to Hausfeld's financial
dealings with other firms because he's leading a different piece
of the litigation. "I don't know what arrangements have been
made for funding the costs and whether the other firms have
agreed that Hausfeld doesn't have to share costs because the
antitrust case was his idea," Berman said. "I do think the loss
of Mr. King is not good for the case.")
King also alleges that the Hausfeld firm took advantage of
Zelle Hofmann Voelbel & Mason, which provided office space to
Hausfeld's San Francisco office. Not only did Hausfeld partners
supposedly go after the China National Offshore Oil Company,
which Zelle Hofmann had been courting for a year, but the firm
also allegedly told other prospective clients -- Asian
manufacturers that are defendants in a case Zelle Hofmann is
leading for plaintiffs -- that Hausfeld would "surreptitiously
monitor the Zelle firm and work to provide information on what
the Zelle firm had in mind as far as possible settlement ranges
and the direction of the litigation," the complaint said. King
claims that he was shocked to hear that the firm was pursuing
the Asian companies as clients because they were defendants in
litigation in which Hausfeld represented plaintiffs, which he
considered a conflict of interest. (I emailed Zelle Hofmann's
San Francisco managing partner for comment but didn't hear
back.)
And then there's what King calls "the Elvin Bethea
situation." Bethea is a Hall of Fame football player whom
Hausfeld represents as a name plaintiff in an unauthorized
likeness class action by former NFL players against the NFL.
Bethea's name appeared on a letter that Hausfeld sent last year
to the AFL-CIO, purporting to be a request from retirees that
the umbrella labor group expel the NFL players' union for
failing to protect their interests. But Bethea publicly
announced at a website for retired pro football players that he
had never signed or authorized the letter and that he had
demanded a retraction and public apology from Hausfeld himself.
(Bethea is not the only former NFL player who has a gripe with
Hausfeld, as you can see from a search of the retirees' website.
Former Houston Oilers quarterback Dan Pastorini sued Hausfeld for malpractice in Texas state court in November. Pastorini is
represented by Jon King.)
It's not clear from the complaint precisely what explanation
the firm gave King for his termination, though King does
disclose that he had at least two loud altercations with
partners in the run-up to his firing. Clearly, this was not an
amicable divorce and King is out for vengeance. He may have
gotten some with this filing.
(Reporting by Alison Frankel)
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