Brutzkus Gubner Featured in Law360 Article
A brief written by Brutzkus Gubner attorneys Steven T. Gubner, Jerrold L. Bregman and Jason B. Komorsky, was recently quoted in a national article published by Law360, entitled: “O’Melveny Can’t Keep $9M From Bankrupt Co., 9th Circ. Told.” The brief opens a Ninth Circuit appeal on behalf of firm client, the Chapter 7 Trustee of Aletheia Research and Management, who is asserting “claw back” claims for fraudulent conveyances and preference payments against O’Melveny & Myers LLP. The appeal seeks reversal of a summary judgement disallowing the claims based on an arbitration award in O’Melveny’s favor on malpractice claims (which is the subject of a separate appeal). The article quotes the firm’s brief:
“The malpractice claims have no bearing on this appeal,” the brief says. “What does matter, and is here controlling, is that the arbitration award did not and could not decide the disputed questions of material fact relating to the bankruptcy claims.”
“Even had O’Melveny provided perfect and non-conflicted services that provided $500,000 of value to Aletheia, such services were not reasonably equivalent to the more than $9.4 million of fraudulent conveyances that O’Melveny received,” the brief continues.
The full Law360 article can be found below (subscription required).