Former California State Bar President Howard Miller has filed a countersuit against Chapter 7 trustee Elissa Miller, embroiling Girardi Keese LLP‘s bankruptcy estate in a contentious battle over the recovery of fees intended for the creditors of the now-defunct law firm.
Howard Miller, renowned for his expertise in intellectual property law, has initiated legal action by counter suing the trustee, claiming indemnity. This includes a request to reimburse costs incurred under California Labor Code Section 2802. Under this legal provision, California employers are obligated to cover all necessary expenses or losses incurred by an employee as a direct result of discharging their duties or obeying the employer’s directives, even if these directives are deemed unlawful unless the employee believed them to be so at the time of compliance.
In the countersuit, filed on August 11, it is asserted that all actions for which Howard Miller is being held liable were carried out within the scope of his work at Girardi Keese. Furthermore, it is contended that these actions were executed exclusively to advance the interests of Girardi Keese, often undertaken at the explicit request or agreement of the firm. The countersuit challenges the accusations brought against Miller, seeking to absolve him of any responsibility.
See also: Thomas Girardi’s Request for Continuance of Competency Hearing Denied
Howard Miller’s association with Girardi Keese dates back to 2002 when he joined the firm. His tenure continued until January 2018, when he left at the age of 80, as detailed in the legal filing. This countersuit follows the bankruptcy trustee’s legal action against Miller in January of the prior year. This move was part of a series of adversary proceedings targeting former attorneys, family members, and other entities associated with the firm.
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The ongoing legal battle has led to a scheduled status conference, set to occur before Judge Barry Russell on Tuesday. Judge Russell presides over the US Bankruptcy Court for the Central District of California, overseeing not only the bankruptcies of Girardi Keese but also that of Thomas Girardi, the principal figure behind the firm.
As these legal proceedings unfold, the tussle between Howard Miller and the bankruptcy trustee sheds light on the complexities of recouping fees for creditors amidst the dissolution of Girardi Keese LLP. The countersuit underscores the nuanced nature of professional responsibilities and employer directives under California labor law. With the legal landscape poised to evolve, the outcome of this case may hold significant implications for the parties involved and set potential precedents for similar situations in the future.
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