Ten former Brobeck partners and their new firms argued Monday that they were in their rights to continue to work with their clients, in a hearing closely watched by both sides of the Heller Ehrman bankruptcy.
A suit filed by the trustee for bankrupt Brobeck, Phleger & Harrison claims the former partners stole business from the defunct firm. The ex-partners contend that the firm’s last partnership agreement, enacted as Brobeck faced its collapse in 2003, permitted them to take clients and work to their new firms. Arguments on Monday revolved around whether that agreement can waive the rights of partners to sue for profits under the Revised Uniform Partnership Act and case precedent defined by a 1984 judicial decision in Jewel v. Boxer.
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