Thank you for sharing!

Your article was successfully shared with the contacts you provided.
San Francisco—A public sparring match is set to take place between Tower Snow Jr., the former chairman of now-defunct Brobeck, Phleger & Harrison, and Ronald Greenspan, the firm’s bankruptcy trustee. The opponents will square off either in bankruptcy court or before a jury in district court. Snow asked San Francisco U.S. Bankruptcy Judge Dennis Montali to allow a jury to hear Greenspan’s $2.7 million suit against him. But on June 3, Greenspan’s lawyer filed a motion asking the judge to deny Snow’s request. Bennett Murphy, a partner at Los Angeles’ Hennigan Bennett & Dorman, argued that Greenspan is seeking a return of distributions Snow received unlawfully—not money damages under contract or tort—and that such claims do not trigger a jury trial. Murphy also said that the bankruptcy court has jurisdiction over the matter, noting that Snow went through the court in obtaining releases of liability from former Brobeck partners and other parties. Snow’s attorney, John Dwyer, said that under recent case law, it is clear that Snow has a right to a jury trial. Greenspan claims Snow received distributions from Brobeck when the firm was insolvent, in violation of the California Corporations Code and state and federal fraudulent conveyance law. In a footnote in the June 3 filing, Greenspan says he is not contesting Snow’s right to a jury trial under claims relating to fraudulent conveyance law, only under the corporations code. Dwyer, a partner at Cooley Godward of Palo Alto, Calif., said that he wouldn’t have expected Greenspan to split the case and argue that half of the claims could be heard by a jury, just to keep half out. Montali is scheduled to hold a hearing on Snow’s request on June 30. In January, Greenspan sued Snow and other ex-Brobeck partners for distributions they received from the firm in 2001 and 2002. As of last month, 212 partners had settled for amounts less than Greenspan cited in his complaints; Snow and 15 other former partners have not settled. In his recent filing, Murphy also took a swipe at Snow for using his request for a jury trial to tell his side of the story about Brobeck’s collapse. Murphy asked Montali to strike the bulk of Snow’s narrative. Snow “is not alone . . . in seeking to unburden himself by laying out his version of the Brobeck saga,” Murphy wrote. “That does not mean defendant is free to burden the record of this court with page after page of his competing view of firm history where the text is devoid of any relationship either to the allegations of the trustee or the affirmative defenses of the defendant.”

This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.

To view this content, please continue to their sites.

Not a Lexis Advance® Subscriber?
Subscribe Now

Not a Bloomberg Law Subscriber?
Subscribe Now

Why am I seeing this?

LexisNexis® and Bloomberg Law are third party online distributors of the broad collection of current and archived versions of ALM's legal news publications. LexisNexis® and Bloomberg Law customers are able to access and use ALM's content, including content from the National Law Journal, The American Lawyer, Legaltech News, The New York Law Journal, and Corporate Counsel, as well as other sources of legal information.

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 © 2021 ALM Media Properties, LLC. All Rights Reserved.