A former partner at Dewey & LeBoeuf has sued a group of thelaw firm's ex-leaders for fraud, saying they ran the now-bankrupt firm as a Ponzi scheme to benefit themselves.
|Henry Bunsow, an intellectual property lawyer in San Francisco,said in court papers that former Dewey Chairman Steven Davis andother one-time members of top management sought to misrepresent thefirm's financial performance and stability as they tried to recruitpartners at other firms.
|Management was “running a Ponzi scheme in order to enrichthemselves and select members” of Dewey, Bunsow said in thecomplaint, filed Tuesday in California Superior Court in SanFrancisco.
|The case is the first lawsuit to be made public by a formerpartner against Dewey or its former management in the wake of thefirm's Chapter 11 bankruptcy filing last month. Formerly one of thelargest U.S. law firms, the firm collapsed amid a high debt loadand a raft of partner defections this year.
|Defendants in the lawsuit include Davis; Jeffrey Kessler, theformer head of litigation; Joel Sanders, the former chief financialofficer; Stephen DiCarmine, its former executive director; andJames Woods, a o ne-time executive committee member.
|Davis, through a spokeswoman, declined to comment, as did NedBassen, a lawyer for DiCarmine.
|Kessler, now a partner at Winston & Strawn, said in an emailthat the allegations about him were “outrageous, untrue and withoutthe slightest bit of merit.”
|“It is sad that Mr. Bunsow, who received more of hiscompensation for 2011 than I did, would lash out with such falseallegations against me,” Kessler wrote.
|The other defendants or their representative did not respond torequests for comment.
|Ronald Souza, a lawyer for Bunsow, also did not respond to arequest for comment. Bunsow is now with law firm Bunsow De MorySmith Allison in San Francisco.
|The lawsuit was first reported by The American Lawyer.
|Bunsow joined Dewey in January 2011 from Howrey, a law firm thatfiled for bankruptcy later that year. In his complaint, he saidDewey's management lured him to join the firm with a promise of $5million a year in guaranteed compensation.
|But he said Davis and others “knew they would be unable to keepthat promised guarantee in view of the huge debt of guaranteedincome then owed to prior partners.”
|Bunsow said that in conversations before joining Dewey, Dewey'smanagement assured him about the firm's financial condition, withDavis stating he expected its profits per partner to hit $2 millionfor 2011. But he said the defendants misrepresented Dewey'sfinancial picture.
|Bunsow said Dewey's management conspired to deprive partners oftheir capital investments in the firm and instead selectivelydistributed those investments to themselves and others. He said hesuf fered $7.55 million in damages as a result of losing capital heinvested in the firm and not being paid owed compensation and otherbenefits.
|Davis has been the focus of an investigation by ManhattanDistrict Attorney Cyrus Vance into his oversight of Dewey. He hasdenied wrongdoing. A Dewey bankruptcy lawyer, Albert Togut,said at a May 29 hearing in U.S. Bankruptcy Court in Manhattan thatthe firm was “fully cooperating” with the New York probe.
|Several Dewey partners have retained lawyers in anticipation ofbeing sued by the firm's bankruptcy estate and to consider bringingtheir own claims against Dewey and its principals.
|On Wednesday, the firm reached a deal with lenders on a budgetto fund the bankruptcy through July. Dewey lawyer Togut said at abankruptcy hearing that the primary task now for the parties was toseek a settlement under which hundreds of former partners would payDewey varying amounts for creditor paybacks.
|Bunsow's case is Bunsow v. Davis, Superior Court of the State ofCalifornia, County of San Francisco, No CHC-12-521540.
|The bankruptcy case is In re Dewey & LeBoeuf LLP, U.S.Bankruptcy Court, Southern District of New York, No 12-12321.
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