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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FTX Bankruptcy Judge Agrees Independent Examiner Would Mean More Risk

Appointing an independent examiner in the FTX bankruptcy proceedings “would create an increased risk of further loss through inadvertent disclosures or hacking,” Judge John Dorsery said in a hearing on Wednesday.

Dorsey, who’s overseeing the crypto exchange’s Chapter 11 case in Delaware, denied a motion from the U.S. Trustee to appoint an examiner. He cited concerns about security and cost, echoing arguments made independent-examiner-assets-risk” data-ylk=”slk:last week” class=”link “last week by attorneys representing FTX, the creditor committee, and the joint provisional liquidators.

When a bankruptcy judge appoints an independent examiner, debtors have to pay the bill. That means FTX would have had to pay for an investigation that Dorsey estimated could have cost more than $100 million.

“It is important to keep in mind that while we talk about the cost of an investigation being borne by the debtors, we are actually talking about the cost being borne by the creditors,” Dorsey said during the hearing. “Every dollar spent in these cases on administrative expenses is $1 less to the creditors.”

FTX Bankruptcy Lawyers Say Independent Examiner Would Put Assets at Risk

To bolster its argument against an examiner, the FTX legal team had newly appointed FTX CEO

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