Morrison Cohen Settles Businessmen's $45M Legal Malpractice Suit
The settlement in the 7-year-old malpractice lawsuit comes after a judge ruled against Morrison Cohen's arguments earlier this year.
July 08, 2019 at 09:15 AM
3 minute read
Morrison Cohen has settled a long-running legal malpractice suit brought by several entrepreneurs who claimed the firm allegedly bungled a complex transaction, costing them $45 million.
The plaintiffs, including restaurateur Jon Bloostein and several owners of the apparel company Blue Cast Denim Co., said in their 2012-filed suit that they struck deals in 2007 with the Japanese bank Nomura and a financial services company called Stonebridge Capital that were supposed to help them transfer their companies to an employee stock ownership plan, or ESOP, and reap the benefits of the sale, in the form of loans from Nomura, while avoiding capital gains taxes.
But Morrison Cohen and partner Brian Snarr, who were advising them, missed a change in the final deal documents that made it easier for Nomura to declare a default and call in its loans, the plaintiffs alleged. Once a default was declared, the plaintiffs said they went to court to fight it, but Morrison Cohen “conceded” its unforced error. Nomura was allowed to sell the collateral backing its loans, triggering huge tax liabilities for most of the plaintiffs and dire economic circumstances for Bloostein, he and other plaintiffs alleged.
In February, Manhattan Supreme Court Justice Andrew Borrok ruled that Morrison Cohen could not shift blame to Brown Rudnick, which had authored a tax opinion as part of the deal. The judge wrote that the tax opinion is “simply not what caused the harm/loss here,” and let the plaintiffs' claims against Morrison Cohen move forward. Morrison Cohen appealed that decision.
Most recently, Borrok signed a June 24 document that simply states the case has been “settled.” The document also indicates “case disposed.”
In an email to ALM, David Piedra, Morrison Cohen's general counsel, confirmed that the 7-year-old case was settled but indicated that he couldn't comment on the settlement terms. “The matter has been amicably resolved by mutual agreement,” he said. “We are not at liberty to comment further.”
The plaintiffs' attorney, James O'Brien, a partner at Pryor Cashman, didn't respond to a request for comment on Tuesday.
At one point, the malpractice case had entangled three law firms, including Morrison Cohen, Brown Rudnick and Stroock & Stroock & Lavan. But two years ago, Stroock, which Brown Rudnick had sought to hold liable for whatever it might be found to owe Morrison Cohen, freed itself from the case. Stroock had argued that it was released from claims as part of a settlement with Stonebridge.
This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.
To view this content, please continue to their sites.
Not a Lexis Subscriber?
Subscribe Now
Not a Bloomberg Law Subscriber?
Subscribe Now
NOT FOR REPRINT
© 2024 ALM Global, LLC, All Rights Reserved. Request academic re-use from www.copyright.com. All other uses, submit a request to [email protected]. For more information visit Asset & Logo Licensing.
You Might Like
View AllFinancial Disclosures in Prenups: The Legal, Personal, and Strategic Considerations
Co-Founder and Startup Divorce: Hope for the Best, Prepare for the Worst
Decision of the Day: Judge Finds That Plaintiff's Ignorance of Contract's Illegal Insufficiency Does Not Defeat Summary Judgment
Trending Stories
- 1Judge Denies Sean Combs Third Bail Bid, Citing Community Safety
- 2Republican FTC Commissioner: 'The Time for Rulemaking by the Biden-Harris FTC Is Over'
- 3NY Appellate Panel Cites Student's Disciplinary History While Sending Negligence Claim Against School District to Trial
- 4A Meta DIG and Its Nvidia Implications
- 5Deception or Coercion? California Supreme Court Grants Review in Jailhouse Confession Case
Who Got The Work
Michael G. Bongiorno, Andrew Scott Dulberg and Elizabeth E. Driscoll from Wilmer Cutler Pickering Hale and Dorr have stepped in to represent Symbotic Inc., an A.I.-enabled technology platform that focuses on increasing supply chain efficiency, and other defendants in a pending shareholder derivative lawsuit. The case, filed Oct. 2 in Massachusetts District Court by the Brown Law Firm on behalf of Stephen Austen, accuses certain officers and directors of misleading investors in regard to Symbotic's potential for margin growth by failing to disclose that the company was not equipped to timely deploy its systems or manage expenses through project delays. The case, assigned to U.S. District Judge Nathaniel M. Gorton, is 1:24-cv-12522, Austen v. Cohen et al.
Who Got The Work
Edmund Polubinski and Marie Killmond of Davis Polk & Wardwell have entered appearances for data platform software development company MongoDB and other defendants in a pending shareholder derivative lawsuit. The action, filed Oct. 7 in New York Southern District Court by the Brown Law Firm, accuses the company's directors and/or officers of falsely expressing confidence in the company’s restructuring of its sales incentive plan and downplaying the severity of decreases in its upfront commitments. The case is 1:24-cv-07594, Roy v. Ittycheria et al.
Who Got The Work
Amy O. Bruchs and Kurt F. Ellison of Michael Best & Friedrich have entered appearances for Epic Systems Corp. in a pending employment discrimination lawsuit. The suit was filed Sept. 7 in Wisconsin Western District Court by Levine Eisberner LLC and Siri & Glimstad on behalf of a project manager who claims that he was wrongfully terminated after applying for a religious exemption to the defendant's COVID-19 vaccine mandate. The case, assigned to U.S. Magistrate Judge Anita Marie Boor, is 3:24-cv-00630, Secker, Nathan v. Epic Systems Corporation.
Who Got The Work
David X. Sullivan, Thomas J. Finn and Gregory A. Hall from McCarter & English have entered appearances for Sunrun Installation Services in a pending civil rights lawsuit. The complaint was filed Sept. 4 in Connecticut District Court by attorney Robert M. Berke on behalf of former employee George Edward Steins, who was arrested and charged with employing an unregistered home improvement salesperson. The complaint alleges that had Sunrun informed the Connecticut Department of Consumer Protection that the plaintiff's employment had ended in 2017 and that he no longer held Sunrun's home improvement contractor license, he would not have been hit with charges, which were dismissed in May 2024. The case, assigned to U.S. District Judge Jeffrey A. Meyer, is 3:24-cv-01423, Steins v. Sunrun, Inc. et al.
Who Got The Work
Greenberg Traurig shareholder Joshua L. Raskin has entered an appearance for boohoo.com UK Ltd. in a pending patent infringement lawsuit. The suit, filed Sept. 3 in Texas Eastern District Court by Rozier Hardt McDonough on behalf of Alto Dynamics, asserts five patents related to an online shopping platform. The case, assigned to U.S. District Judge Rodney Gilstrap, is 2:24-cv-00719, Alto Dynamics, LLC v. boohoo.com UK Limited.
Featured Firms
Law Offices of Gary Martin Hays & Associates, P.C.
(470) 294-1674
Law Offices of Mark E. Salomone
(857) 444-6468
Smith & Hassler
(713) 739-1250