Thomson Reuters News & Insight
Featured Content from WESTLAW

New York Legal

  •  
  •  

Gavel Credit Gil Cohen Magen

Court revives $500 mln suit against K&L Gates

5/15/2012 COMMENTS (0)

May 15 (Reuters) - A $500 million lawsuit accusing K&L Gates of botching an internal investigation into a top executive at defunct beverage maker Le-Nature Inc. can go forward, a state appeals court ruled Monday.

A three-judge panel of the Superior Court of Pennsylvania revived the 2009 lawsuit, which claims the firm negligently handled the investigation into the company's former chief executive, Gregory Podlucky. The suit was brought by the trustee overseeing the liquidation of Le-Nature, which filed for bankruptcy in 2006.

The litigation arose out of investigatory work K&L Gates and accounting firm Pascarella & Wiker performed for Le-Nature's board of directors following the resignation of several senior executives at the company in 2003. The executives in their resignation letters said they suspected Podlucky had engaged in improper conduct.

Federal prosecutors would later accuse Podlucky of operating a $685 million loan-fraud pyramid scheme. In October, he was sentenced to 20 years in prison for fraud, money laundering and income tax evasion.

During the internal investigation, K&L Gates and its lead partner on the case, former firm chairman Sanford Ferguson, ignored signs of fraud and ceded control of the investigation to Podlucky, according to the trustee's lawsuit. A report by K&L Gates issued in 2003 found no evidence of fraud or malfeasance, according to the complaint.

In 2010, Allegheny County Common Pleas Court Judge R. Stanton Wettick Jr. dismissed the complaint, finding that the trustee could not sue K&L Gates for professional negligence since the firm was retained to protect the interests of Le-Nature's investors rather than the company itself.

Wettick also held that the trustee had failed to prove it had been financially harmed, since Le-Nature was insolvent when K&L Gates issued its report.

The appellate court disagreed.

Judge John Musmanno, writing for the panel, said the trustee, Marc Kirschner "has averred the existence of an attorney-client relationship sufficient to impose a duty upon K&L Gates to Le-Nature's." He also said the trustee could seek tort damages.

"The fact of Le-Nature's insolvency does not negate the harm allegedly resulting from K&L Gate's professional negligence," Musmanno wrote.

The court also reinstated claims against the Pennsylvania-based accounting firm Pascarella & Wiker, which was retained by K&L Gates as part of the investigation.

Judge Musmanno was joined in the opinion by Judges Cheryl Allen and Sallie Mundy.

"The court made clear that when a law firm holds itself out as an expert in corporate fraud investigations, it owes a fiduciary duty as well as contractual duties to the full board for the benefit of the corporation as a whole," Kirschner said in a statement.

Michael Rick, a spokesman for K&L Gates, said the firm had no comment. Jeffrey Sotland, a lawyer for the accounting firm, Pascarella & Wiker, did not respond to requests for comment.

The case is Kirschner v. K&L Gates LLP, Court of Common Pleas of Allegheny County, Pennsylvania, No. GD-09-015557

For Kirschner: Hector Torres of Kasowitz, Benson, Torres & Friedman

For K&L Gates: Craig Singer of Williams & Connolly

For Pascarella & Wiker: Jeffrey Sotland and Daniel McCarthy of Mintzer Sarowitz Zeris Ledva & Meyers

(Reporting By Nate Raymond)

Follow us on Twitter: @ReutersLegal  |  Like us on Facebook


Register or log in to comment.

© 2013 Thomson Reuters