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Federal Express Corp. isn’t waiting for Brobeck, Phleger & Harrison to get around to paying off its creditors. The company filed suit against Brobeck in the U.S. District Court for the Northern District of California last month seeking $133,000 in outstanding bills, plus interest and attorneys fees. According to the April 25 complaint, Federal Express Corp. v. Brobeck Phleger & Harrison, 03-1889, Brobeck has unpaid charges dating from October. Brobeck has been embroiled in several litigation matters since it disbanded in February, and it is fending off suits by former staffers, landlords and a client. Stephen Snyder, the head of Brobeck’s liquidation committee, said the firm owes its commercial creditors about $15 million, plus an unknown sum to its landlords. Before dealing with these debts, however, the firm must pay off a $56 million bank debt. Thus far, FedEx is one of a few creditors that have gone after the firm. “A lot of our vendors are people we can talk to,” said Snyder, who is of counsel at Philadelphia-based Morgan, Lewis & Bockius. “They are interested in seeing us through.” Meanwhile, Brobeck is going after clients that are in arrears. In April the firm sued Critical Path Inc. for $99,130 and U.S. Microbics Inc. for $29,445. Both complaints were filed in San Francisco Superior Court. Former Brobeck staffers are also proceeding with their suit for 60 days’ severance pay. The complaint, filed against both Brobeck and Morgan, Lewis, was recently moved from San Francisco Superior Court to the Northern District, where it is pending before Judge Claudia Wilken. Kathlene Lowe and Gabrielle Wirth, partners in Dorsey & Whitney’s Irvine office, are representing Brobeck, while Morgan, Lewis partner Susan Fillichio is representing her firm. Among other complaints against Brobeck, former client Thomas Williams sued both the firm and former Brobeck partner Max Gutierrez, claiming they were negligent in the handling of his divorce. In a Jan. 22 letter to Brobeck, Williams estimated he is owed damages of $20,000. His complaint, filed in March, is pending in San Francisco Superior Court. Brobeck was also sued by creditors of former client TidePoint Corp., who claim Brobeck received a preferential payment before TidePoint went bankrupt. The creditors want the legal fees, which total about $90,000, put in a pool to be shared by all of TidePoint’s creditors. But the attorney for the creditors isn’t optimistic about getting the money back. “We didn’t know of the troubles of Brobeck” when the suit was filed in February or March, said David Daneman, of Bishop, Daneman & Simpson. “It wasn’t big news in Baltimore.” Since Brobeck has gone out of business, he said, “the likelihood of getting [the money] might not be that great.”

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