Girardi Keese Trustee Countersued by Former Firm Attorney

A former California State Bar president countersued the trustee for the Girardi Keese LLP bankruptcy estate in a fight over recovering fees for creditors of the defunct firm.

Howard Miller, an intellectual property attorney, countersued Chapter 7 trustee Elissa Miller claiming indemnity, including reimbursement for costs incurred under California Labor Code Section 2802. The law requires California employers pay for “all necessary expenditures or losses incurred by the employee in direct consequence of the discharge of his or her duties, or of his or her obedience to the directions of the employer, even though unlawful, unless the employee, at the time of obeying the directions, believed them to be unlawful.”

  • “All of the conduct for which the Complaint seeks to impose liability upon Howard Miller is conduct which occurred in the course and scope of his work at Girardi Keese and which was done exclusively to benefit Girardi Keese and with the express agreement and oftentimes at the express request of Girardi Keese,” the countersuit filed Aug. 11 said
  • Howard Miller was brought into Girardi Keese in 2002 and left at age 80 in January 2018, the filing said
  • The bankruptcy trustee sued Miller last January amid a slew
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California invites court fight with gun law that mimics Texas on abortion

The governor has maintained the measure is about protecting Californians from gun violence. But it also sends a message to a Supreme Court whose rulings Newsom and fellow California Democrats have derided, essentially daring it to either uphold the gun law or reconsider its logic in backing Texas’s approach.

“The question is whether they are complete and abject hypocrites and frauds if they reject our bill that’s modeled after that abortion bill as it relates to private right of action to go after assault weapons,” Newsom said this month.

Yet the law could stand on precarious legal ground. Even Democratic legislators who favor gun restrictions said as much in passing the bill, conceding that it employed a dubious legal strategy in the service of a larger goal.

“It is my hope and desire that ultimately this bill actually not proceed because the Texas law is found to be wrong, unconstitutional and crazy,” state Sen. Tom Umberg (D-Santa Ana) said before voting for the measure in April.

It also drew fierce opposition from ideological allies of Newsom who warned he was empowering the very type of reasoning he had condemned. “There is no way to ‘take advantage of the flawed logic’

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