Archive for August, 2009

Job Posting: IP Litigation Legal Asst – Palo Alto

Kirkland & Ellis is looking for an IP Litigation Assistant with 10+ years of experience for their Palo Alto office.  Skills required include managing cases, calendaring and e-filling.

You can find this position and many others at the Kirkland & Ellis Careers website:

https://kae.mycmsc.com/psp/kaehrprder1/EMPLOYEE/HRMS/c/HRS_HRAM.HRS_CE.GBL?Page=HRS_CE_HM_PRE&Action=A&SiteId=3

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Updated Docket Sheet – Everyone’s Gettin’ Fat ‘Cept . . .

. . . the ex-employees of Heller Ehrman. Quelle suprise, no?

I’ve posted an updated Docket Sheet over in the Bankruptcy section today.  Please keep in mind that this is a partial docket sheet and only lists activity from May 1 through August 10, 2009.

Besides mention of the Second Interim Status Report Filed by Creditor Committee Official Committee of Unsecured Creditors on August 7, 2009, there are some interesting entries:

  • August 3, 2009 – Withdrawal of Claim #823 by PNC Real Estate Finance.  The original claim was in the amount of $10,500,000.  Anyone have more info on this and the basis for the original claim? Was there a settlement of the claim with PNC?
  • August 3, 2009 – There is a hearing on Monday, August 17, 2009 at 1:30 pm PDT in Courtroom 22 regarding Notice of Debtor’s Motion for Order Authorizing Assumption of Certain Licenses, Contracts and Leases Relating to the Debtor’s China Offices Pursuant to 11 U.S.C. Section 105(a) and 365(a).
  • June 26, 2009 – Debtor’s Motion for Order (I) Authorizing the Debtor to Assign Certain Licenses, Contracts and Leases Relating to the Debtor’s China Offices to Winston & Strawn LLP Pursuant to 11 U.S.C. Section 105(a) and 365(f)(2), and (II) Approving Reconciliation of Various Bank Accounts, Expenses and Deposits in Connection Therewith.
  • July 29, 2009 – Ex Parte Application for Order Authorizing the Debtor to Transfer Employee Benefit Plan Administrator Duties Under 11 U.S.C. Section 521(a)(7) to Keith Betzina Filed by Debtor Heller Ehrman LLP.
  • June 11, 2009 – Order approving motion to approve compromise of controversy with attorneys handling Unum Litigation. Anyone have info on this? I think this is related to the trial for Unum that was ongoing during the implosion and the ex-Heller attorneys put out their own money to ensure the clients were properly represented – correct?

And let’s see how the vultures who feed on the Heller Ehrman carcass are doing:

  • July 30, 2009 – Application for Compensation – Howard Rice Nemerovski Canady Falk & Rabkin’s Cover Sheet Application For Allowance and Payment of Interim Compensation and Reimbursement of Expenses For the Period June 1, 2009 Through June 30, 2009 for Pamela Phillips, Debtor’s Attorney, Fee: $6397.20, Expenses: $237.24.
  • July 29, 2009 – Application to Employ Trucker Huss as Special Benefits Counsel Filed by Debtor Heller Ehrman LLP.
  • July 29, 2009 – Order Re First Interim Application Of Lovitt & Hannan, Inc. For Approval Of Compensation And Reimbursement of Expenses. Fees awarded: $120,912.50, expenses awarded: $2,563.52 for Lovitt & Hannan, Inc.
  • July 21, 2009 – Adjustment of Hourly Billing Rates for Pachulski Stang Ziehl & Jones LLP, Counsel to the Debtor and Debtor in Possession Filed by Debtor Heller Ehrman LLP.
  • July 21, 2009 – Order Granting Application For Compensation. Fees awarded: $8210.00, expenses awarded: $18.09 for Lovitt & Hannan, Inc.
  • July 1, 2009 – Order Re First Interim Application Of Olswang LLP. Fees awarded: $18,254.23.
  • July 1, 2009 – Order Re First Interim Application Of Schiff Hardin LLP For Approval Of Compensation And Reimbursement Of Expenses For The Period Ended April 30, 2009. Fees awarded: $78,680.00, expenses awarded: $71.43 for Schiff Hardin LLP.
  • July 1, 2009 – Order Granting Application For Compensation. Fees awarded: $324,902.50, expenses awarded: $46,020.73 for Development Specialists, Inc.
  • July 1, 2009 – Order Re First Interim Application Of Greenberg Traurig, LLP. Fees awarded: $393,882.76, expenses awarded: $10,158.80 for Keith J. Shapiro.
  • July 1, 2009 – Order Re Motion Of Felderstein Fitzgerald Willoughby & Pascuzzi LLP For First Interim Allowance Of Attorney’s Fees And Reimbursement of Expenses As Counsel Of Unsecured Creditors. Fees awarded: $331,480.50, expenses awarded: $7,171.97 for Thomas A. Willoughby.
  • July 1, 2009 – Order Re First Interim Application of Pachulski Stang Ziehl & Jones LLP, For Allowance And Payment Of Compensation And Reimbursement Of Expenses For The Period December 29, 2008 Through April 30, 2009. Fees awarded: $673,831.75, expenses awarded: $65,935.11 for Pachulski Stang Ziel & Jones LLP.
  • July 1, 2009 – Order Re First Interim Application of Eichstaedt & Devereaux LLP For Approval of Compensation And Reimbursement of
  • Expenses For The Period of December 29, 2008 Through April 30, 2009. Fees awarded: $3303.00, expenses awarded: $0.00 for Eichstaedt and Devereaux LLP
  • July 1, 2009 – Order Re First Interim Application Of Folger Levin & Kahn LLP For Approval of Compensation And Reimbursement Of Expenses For The Period Ended April 30, 2009. Fees awarded: $14,080.50, expenses awarded: $284.46 for Folger Levin & Khan.
  • July 1, 2009 – Order Re First Interim Application For Allowance And Payment Of Compensation And Reimbursement Of Expenses of Manatt, Phelps & Phillips, LLP For the Period of December 28, 2008 Through April 30, 2009. Fees awarded: $133,535.25, expenses awarded: $2248.62 for Ivan L. Kallick.
  • June 30, 2009 – Interim Application for Compensation /Pachulski Stang Ziehl & Jones LLP’s Cover Sheet Application for Allowance and Payment of Interim Compensation and Reimbursement of Expense for the Period May 1, 2009 Through May 31, 2009 for Pachulski Stang Ziel & Jones LLP, Debtor’s Attorney, Fee: $152148.80, Expenses: $9135.10. Filed by Attorney Pachulski Stang Ziel & Jones LLP.
  • June 29, 2009 – Application to Employ Cohen Milstein as Special Counsel, Nunc Pro Tunc to April 1, 2009 Filed by Debtor Heller Ehrman LLP.
  • June 24, 2009 – Joint Motion for Approval of Joint Investigation Agreement and Application to Expand Employment of Lovitt & Hannan, Inc., as Special Litigation Counsel Filed by Debtor Heller Ehrman LLP.
  • June 24, 2009 – Application for Compensation SCHIFF HARDIN LLPS COVER SHEET APPLICATION FOR ALLOWANCE AND PAYMENT OF INTERIM COMPENSATION AND REIMBURSEMENT OF EXPENSES FOR THE MONTH OF MAY, 2009 for Schiff Hardin LLP, Special Counsel, Fee: $7,164.00, Expenses: $57.27. Filed by Creditor Schiff Hardin LLP.
  • June 24, 2009 – Application for Compensation MANATT, PHELPS & PHILLIPS COVER SHEET APPLICATION FOR ALLOWANCE AND PAYMENT OF INTERIM COMPENSATION AND REIMBURSEMENT OF EXPENSES FOR THE MONTH OF MAY 2009 for Manatt Phelps & Phillips LLP, Special Counsel, Fee: $62,231.40, Expenses: $659.77. Filed by Spec. Counsel Manatt Phelps & Phillips LLP.
  • June 24, 2009 – Application for Compensation LOVITT & HANNAN, INC.S COVER SHEET APPLICATION FOR ALLOWANCE AND PAYMENT OF INTERIM COMPENSATION AND REIMBURSEMENT OF EXPENSES FOR THE MONTH OF MAY 2009 (FOR THE INVESTIGATION OF POTENTIAL CLAIMS) for Lovitt & Hannan, Inc., Special Counsel, Fee: $81,394.00, Expenses: $91.42. Filed by Spec. Counsel Lovitt & Hannan, Inc.
  • June 24, 2009 – Application for Compensation LOVITT & HANNAN, INC.S COVER SHEET APPLICATION FOR ALLOWANCE AND PAYMENT OF INTERIM COMPENSATION AND REIMBURSEMENT OF EXPENSES FOR THE MONTH OF MAY 2009 (FOR THE ACCOUNTS RECEIVABLES CASES) for Lovitt & Hannan, Inc., Special Counsel, Fee: $1,688.00, Expenses: $0. Filed by Spec. Counsel Lovitt & Hannan, Inc.
  • June 24, 2009 – Application for Compensation EICHSTAEDT & DEVEREAUX, LLPS COVER SHEET APPLICATION FOR ALLOWANCE AND PAYMENT OF INTERIM COMPENSATION AND REIMBURSEMENT OF EXPENSES FOR THE MONTH OF MAY for Eichstaedt and Devereaux LLP, Other Professional, Fee: $2,816.00, Expenses: $0. Filed by Other Prof. Eichstaedt and Devereaux LLP.
  • June 24, 2009 – Application for Compensation /DEVELOPMENT SPECIALISTS, INC.S COVER SHEET APPLICATION FOR ALLOWANCE AND PAYMENT OF INTERIM COMPENSATION AND REIMBURSEMENT OF EXPENSES FOR THE MONTH OF MAY 2009 for Development Specialists, Inc., Financial Advisor, Fee: $62,777.60, Expenses: $5,719.77. Filed by Consultant Development Specialists, Inc.

Does This Smell Like “Funny Accounting” To You?

Some very unsettling news breaking late tonite from The Recorder.

It appears that in 2007 almost $9 million in profits it did not have may have been distributed to Heller Ehrman shareholders.  And almost $3 million in expense checks were held over to 2008 in order to boost 2007 numbers.

This is the contention in a just released article at The Recorder based on the Official Committee of Unsecured Creditors’ Second Interim Status Report just released.

“Funny” or not, someone needs to get to the bottom of this and fast.

Unsecured Creditors Committee Representation

Although this blog post has a July 31st date, we just found an article today at LegalPad concerning the lack of ex-employee representation on the Unsecured Creditors Committee.  The article discusses a letter recently sent by Craig Collins of the Blum Collins law firm which is representing several of the ex-Heller employees in the pending class action suit.

While it is unclear who sent the letter to Amanda Royal, the reporter from The Recorder, please take time to read both the article and letter and then if interested, post your feedback here in the comment section (as well as the comments section over at LegalPad).

Right now it feels like we’re talking to ourselves or a brick wall when it comes to getting proper representation on the Unsecured Creditors Committee.  Despite all our attempts via email and this letter, it appears as if the next step is to bypass the US Attorney’s office and plead our case directly with Judge Montali.

In essence, there is no ex-employee on the committee who could be respresent the interests of over 800 people who basically had their wages withheld from them by the ex-shareholders of Heller Ehrman.  Appointing an ex-shareholder or retired shareholder just doesn’t cut it, I’m afraid.

The committee needs someone who can look out for the interests of those of us who struggled (or are still struggling) since October 2008 to find new employment, make mortgage payments and simply taking care of the expenses of daily living.

One other point to ponder: why don’t the ex-employees just force conversion of the bankruptcy to Chapter 7 status where a trustee can be appointed similar to the Brobeck situation?

© 2009, copyright Thomas MacEntee


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Remember the words of Rev. Frank Scott (Gene Hackman in The Poseidon Adventure):

". . . sitting on our butts is not going to help us either. Maybe by climbing out of here, we can save ourselves. If you've got any sense, you'll come along with us."

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Heller Highwater (hellerdrone.wordpress.com)
Last Modified: September 14, 2008

- Don't be a dill weed.

- Treat other people the way you want to be treated.

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Note: in no way, shape or form is Heller Highwater sanctioned, supported or even recognized, (but it is very likely monitored) by the management of Heller Erhman, LLP. The opinions represented here and on each and every page of Heller Highwater do not constitute the opinions of Heller Ehrman, LLP or its shareholders or its management. In addition, the comments left by visitors do not reflect the opinions of Heller Highwater.