Thank you for sharing!

Your article was successfully shared with the contacts you provided.
Former Brobeck, Phleger & Harrison partner Debra Pole could face a tougher court battle now that longtime colleague William Fitzgerald has reached a settlement with their old firm. Earlier this week Fitzgerald was removed as a defendant in the breach-of-contract suit brought by the now-defunct Santa Monica firm Dickson, Carlson & Campillo when the two defected to Brobeck, Phleger & Harrison in 1995. Dickson, Carlson partners claim Pole and Fitzgerald shared proprietary information with Brobeck that enabled the firm to capture business from Dickson, Carlson’s top client, Baxter Healthcare Corp. Fitzgerald’s attorney, Larry Feldman of Santa Monica’s Fogel, Feldman, Ostrov, Ringler & Klevens, finalized a settlement one week after a jury trial began in Los Angeles County Superior Court in Malibu. Keker & Van Nest had represented all three defendants — Pole, Fitzgerald and Brobeck — in Dickson, Carlson & Campillo v. Pole, SC039135 and SC39264. But the firm withdrew from the case in March saying conflicts had arisen following Brobeck’s dissolution in February. Fitzgerald has held a secondary role in the case. Pole was the national coordinating and trial counsel for Baxter’s silicone breast implant litigation and thus the main hire for Brobeck. Fitzgerald worked with her. Dickson, Carlson partners are seeking more than $30 million in the tort phase of the trial. That’s on top of $32 million that they sought in the first phase of the litigation, which addressed unfinished business the partners took with them to Brobeck. It’s unclear whether Fitzgerald, who had been called as a witness for the plaintiffs before his settlement was reached, will provide damaging testimony against Pole. Pole’s attorney, former Brobeck partner David Schrader, is now a Los Angeles solo. Following Brobeck’s dissolution, Pole joined the Los Angeles office of Sidley Austin Brown & Wood. Feldman, Schrader and Brobeck’s attorney Elliot Jubelirer, of Morgenstein & Jubelirer, could not be reached for comment on the case Thursday.

This content has been archived. It is available exclusively through our partner LexisNexis®.

To view this content, please continue to Lexis Advance®.

Not a Lexis Advance® Subscriber? Subscribe Now

Why am I seeing this?

LexisNexis® is now the exclusive third party online distributor of the broad collection of current and archived versions of ALM's legal news publications. LexisNexis® customers will be able to access and use ALM's content by subscribing to the LexisNexis® services via Lexis Advance®. This includes content from the National Law Journal®, The American Lawyer®, Law Technology News®, The New York Law Journal® and Corporate Counsel®, as well as ALM's other newspapers, directories, legal treatises, published and unpublished court opinions, and other sources of legal information.

ALM's content plays a significant role in your work and research, and now through this alliance LexisNexis® will bring you access to an even more comprehensive collection of legal content.

For questions call 1-877-256-2472 or contact us at [email protected]


ALM Legal Publication Newsletters

Sign Up Today and Never Miss Another Story.

As part of your digital membership, you can sign up for an unlimited number of a wide range of complimentary newsletters. Visit your My Account page to make your selections. Get the timely legal news and critical analysis you cannot afford to miss. Tailored just for you. In your inbox. Every day.

Copyright © 2020 ALM Media Properties, LLC. All Rights Reserved.