Merged Firm Faces $214M Malpractice Suit Over Kaye Scholer Work
Billionaire Ira Rennert is looking to hold Arnold & Porter Kaye Scholer accountable for the alleged shortcomings of one of its predecessors.
January 10, 2018 at 03:23 PM
4 minute read
A $214 million malpractice lawsuit lodged this week by billionaire Ira Rennert served up a reminder that a merged law firm—in this case, Arnold & Porter Kaye Scholer—can't always avoid fallout from events that trace back to one of the firm's predecessors.
Rennert's investment company, The Renco Group Inc., filed suit on Tuesday in New York state court, alleging malpractice against his former lawyers from Kaye Scholer, now part of Arnold & Porter Kaye Scholer after a 2016 merger. The malpractice claim arises out of Kaye Scholer's defense work for Renco in a case brought by the bankruptcy trustee for Magnesium Corp. of America, a company that Rennert controlled for several years before it went bankrupt in 2001.
In that underlying case, MagCorp's bankruptcy trustee accused Rennert of siphoning more than $118 million from the magnesium company's coffers and alleged that the billionaire put at least some of that amount toward building a palatial, beachfront estate in the Hamptons on New York's Long Island. Ultimately, a federal jury sided with MagCorp's trustee and put Renco on the hook for damages of more than $117 million, an amount that, thanks to interest, later increased in a final judgment to about $214 million.
Although most of Renco's allegations in the malpractice suit filed Tuesday relate specifically to work that happened when Kaye Scholer was still an independent firm, the complaint does name Arnold & Porter Kaye Scholer as a defendant. In that respect, Arnold & Porter Kaye Scholer is hardly alone among large law firms that have merged, only to later see the combined firm face claims that related specifically back to one of the predecessor firms.
As another recent example, Norton Rose Fulbright has found itself in a similar situation after combining with Chadbourne & Parke at a time when that firm faced gender bias allegations from former female partners. Not long after the Norton Rose Fulbright deal took effect in June, the female former Chadbourne partners leading the gender bias suit added the combined law firm as a defendant.
Rennert has denied that he looted MagCorp and has maintained that, at the time he transferred money out of the company, it was financially sound. The malpractice suit accuses Kaye Scholer of missteps that led to what Renco considers an “inexplicably inconsistent” verdict in the looting case, that resulted because the jury effectively conflated federal and state law.
Renco alleges that Kaye Scholer—led by former partner Peter Haveles, who has since moved to Pepper Hamilton—could have done more to avoid such an inconsistent verdict. Specifically, Renco said that the Kaye Scholer team could have objected to jury instructions before the trial, or it could have sought a mistrial immediately after the verdict came down. Instead, the defense team asked for a mistrial later, prompting a judicial ruling that found Renco's lawyers should have raised their objection earlier.
“After the verdict was read, the judge repeatedly asked counsel whether they had any objections or issues to raise before the jury was dismissed,” wrote Rennert's lawyers in the malpractice suit, led by Steven Kaufman of Kaufman & Company. “Rather than raising an appropriate objection at that time, defendants … responded that counsel saw no reason why the jury should not be dismissed, which resulted in a waiver of the … objection.”
A spokeswoman for Arnold & Porter Kaye Scholer said in an email on Wednesday that the firm doesn't comment on pending litigation, but added, “We will vigorously defend these allegations and we are confident that we have fulfilled our professional obligations.”
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
© 2025 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 AllJCPenney Seeks Return of More Than $1.1M From Jackson Walker For Bankruptcy Work
3 minute readTopping Kirkland, Weil Won the Most Valuable Major Bankruptcy Retentions of 2024
Trending Stories
- 1Big Law Firms Sheppard Mullin, Morgan Lewis and Baker Botts Add Partners in Houston
- 2Lack of Jurisdiction Dooms Child Sex Abuse Claim Against Archdiocese of Philadelphia, says NJ Supreme Court
- 3DC Lawsuits Seek to Prevent Mass Firings and Public Naming of FBI Agents
- 4Growth of California Firms Exceeded Expectations, Survey of Managing Partners Says
- 5Blank Rome Adds Life Sciences Trio From Reed Smith
Who Got The Work
J. Brugh Lower of Gibbons has entered an appearance for industrial equipment supplier Devco Corporation in a pending trademark infringement lawsuit. The suit, accusing the defendant of selling knock-off Graco products, was filed Dec. 18 in New Jersey District Court by Rivkin Radler on behalf of Graco Inc. and Graco Minnesota. The case, assigned to U.S. District Judge Zahid N. Quraishi, is 3:24-cv-11294, Graco Inc. et al v. Devco Corporation.
Who Got The Work
Rebecca Maller-Stein and Kent A. Yalowitz of Arnold & Porter Kaye Scholer have entered their appearances for Hanaco Venture Capital and its executives, Lior Prosor and David Frankel, in a pending securities lawsuit. The action, filed on Dec. 24 in New York Southern District Court by Zell, Aron & Co. on behalf of Goldeneye Advisors, accuses the defendants of negligently and fraudulently managing the plaintiff's $1 million investment. The case, assigned to U.S. District Judge Vernon S. Broderick, is 1:24-cv-09918, Goldeneye Advisors, LLC v. Hanaco Venture Capital, Ltd. et al.
Who Got The Work
Attorneys from A&O Shearman has stepped in as defense counsel for Toronto-Dominion Bank and other defendants in a pending securities class action. The suit, filed Dec. 11 in New York Southern District Court by Bleichmar Fonti & Auld, accuses the defendants of concealing the bank's 'pervasive' deficiencies in regards to its compliance with the Bank Secrecy Act and the quality of its anti-money laundering controls. The case, assigned to U.S. District Judge Arun Subramanian, is 1:24-cv-09445, Gonzalez v. The Toronto-Dominion Bank et al.
Who Got The Work
Crown Castle International, a Pennsylvania company providing shared communications infrastructure, has turned to Luke D. Wolf of Gordon Rees Scully Mansukhani to fend off a pending breach-of-contract lawsuit. The court action, filed Nov. 25 in Michigan Eastern District Court by Hooper Hathaway PC on behalf of The Town Residences LLC, accuses Crown Castle of failing to transfer approximately $30,000 in utility payments from T-Mobile in breach of a roof-top lease and assignment agreement. The case, assigned to U.S. District Judge Susan K. Declercq, is 2:24-cv-13131, The Town Residences LLC v. T-Mobile US, Inc. et al.
Who Got The Work
Wilfred P. Coronato and Daniel M. Schwartz of McCarter & English have stepped in as defense counsel to Electrolux Home Products Inc. in a pending product liability lawsuit. The court action, filed Nov. 26 in New York Eastern District Court by Poulos Lopiccolo PC and Nagel Rice LLP on behalf of David Stern, alleges that the defendant's refrigerators’ drawers and shelving repeatedly break and fall apart within months after purchase. The case, assigned to U.S. District Judge Joan M. Azrack, is 2:24-cv-08204, Stern v. Electrolux Home Products, Inc.
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