Greenfield Opens Its New Office in Carmel!November 28, 2016
Responding to the rising need in Monterey County for high quality legal representation in business litigation matters, we are pleased to announce the opening of our new office in Carmel to better serve our clients.
Greenfield has been representing clients in Monterey, Salinas, and Carmel for over 25 years. “With our depth of talent, experience, and resources, we can handle cases that frankly overwhelm other firms,” says Managing Partner Stephanie Southwick.
Greenfield Draa & Harrington LLP is a business litigation firm serving clients throughout Silicon Valley and the Bay Area. Our Silicon Valley office is located in San Jose, just blocks from the state, district, and bankruptcy courts. The firm handles complex business litigation as well as real estate, bankruptcy, and elder abuse matters.
Please contact us to discuss your litigation needs.
26619 Carmel Center Pl., Ste. 202
Carmel, CA 93923
T: (831) 656-9110
Greenfield Prevails on Patent Licensing Royalty DisputeNovember 3, 2016
Partners Bernard S. Greenfield and Justin S. Draa won a full victory for a client seeking unpaid minimum royalties due for the use of its patented energy technology. An efficient JAMS arbitration proceeding resulted in an award and prompt payment in full to the client of six-figures in past-due royalties, plus all attorney’s fees and costs.
Trial Verdict for Greenfield ClientNovember 1, 2016
Greenfield partner Maureen A. Harrington and associate Alexander H. Ramon prevailed in a court trial in Napa County, successfully defending the property rights of our client in a driveway easement dispute. Defendant was a winery claiming that it could use a driveway located on the client’s property for tasting room and production traffic. Ms. Harrington and Mr. Ramon obtained a declaratory judgment preventing the defendant from using the client’s property for its winery traffic, and decreeing that winery use would be a surcharge on the client’s property. A permanent injunction was granted to Greenfield’s client restricting defendant’s future conduct.
Greenfield Hosts MACLA EventJuly 3, 2016
On June 3, Greenfield Draa & Harrington LLP co-hosted a private art event with MACLA (Movimiento de Arte y Cultura Latino Americana) at our offices. MACLA supports bay area artists, provides residency programs for artists from around the world, and provides local high school students with resources and programs to make their own art. The event previewed MACLA’s exhibit, “Code Mixing: from Concrete to Canvas.” Greenfield’s associate, Alex Ramon, organized the preview along with MACLA. Nani Chacon, one of the exhibits featured artists, made a presentation at the preview which focused on the exhibit, the artists’ transition from the street to the gallery, and their struggle with the lack of gender diversity in the Latino arts community. Judges and attorneys throughout the county attended the preview to demonstrate the legal community’s support for the arts.
Victory for Greenfield ClientJune 28, 2016
Greenfield partners Maureen A. Harrington and Justin Draa achieved a full victory for a shopping center owner in an arbitration regarding a national tenant’s obligation for repairs and restoration costs after termination of a 35 year lease. The landlord was awarded all of the damages it requested, totaling in the low six figures.
Four Greenfield Attorneys Named California Super Lawyers for 2016March 1, 2016
Congratulations to Greenfield partners Bernie Greenfield, Tyler Draa and Maureen A. Harrington who have been named 2016 Northern California Super Lawyers. In addition, partner Justin Draa has been named a Rising Star.
Super Lawyers, a Thomson Reuter business, rates outstanding lawyers from more than 70 practice areas who have attained a high-degree of peer recognition and professional achievement. No more than 5% of the lawyers in the state are named to Super Lawyers, while no more than 2.5% of the lawyers in the state are named to the Rising Star list.
Mastering the Mechanics of Civil Jury TrialsOctober 14, 2015
Trial Victory for Greenfield ClientSeptember 28, 2015
Greenfield Associate Alexander H. Ramon went to trial and scored a victory on behalf of the owner of a commercial offices center. A tenant and her unauthorized subtenant refused to relinquish possession of the premises despite the expiration and non-renewal of their lease. The Defendants attempted to bully the client into renewal by threatening claims of discrimination and violations of the Unruh Civil Rights act. Mr. Ramon stepped in and obtained a bench trial judgement for possession and damages against the Defendants.
Greenfield Partners to Speak At SCCBA EventSeptember 28, 2015
Greenfield Partners Tyler Draa and Maureen Harrington will be part of a five speaker panel at the upcoming SCCBA event “Mastering the Mechanics of Civil Jury Trials”. This event will be held on October 30, 2015 and will cover the essentials of trying a civil case before a jury, from pre-trial motions to post-trial issues.
For more information on this event, click here.
Four Greenfield Attorneys Named California Super Lawyers for 2015July 30, 2015
Congratulations to Greenfield partners Bernie Greenfield, Sandra McIntosh, and Tyler Draa who have been named 2015 Northern California Super Lawyers. In addition, partner Justin Draa has been named a Rising Star.
Super Lawyers, a Thomson Reuter business, rates outstanding lawyers from more than 70 practice areas who have attained a high-degree of peer recognition and professional achievement. No more than 5% of the lawyers in the state are named to Super Lawyers, while no more than 2.5% of the lawyers in the state are named to the Rising Star list.
Greenfield Hosts Screening of Annual Supreme Court ReviewJuly 9, 2015
On July 8, 2015, Greenfield hosted a screening of Erwin Chemerinsky and Frederick Lawrence’s annual Supreme Court Review, sponsored by the Anti-Defamation League and National Constitution Center. These distinguished legal scholars examined important rulings handed down by SCOTUS during the 2014-15 term, including landmark decisions on marriage equality, religious liberty and online threats. Slate Supreme Court correspondent Dahlia Lithwick moderated and provided her own analysis. Greenfield partnered with the Central Pacific Region of the ADL and the Community Relations Council of the Jewish Federation of Silicon Valley for this event.
For more information, click here.
Greenfield Partners Speak at Bay Area Bankruptcy ForumJune 22, 2015
On June 17, 2015, Greenfield partners Tyler G. Draa and Maureen A. Harrington were panelists at the Bay Area Bankruptcy Forum’s event entitled “Taking and Defending Depositions: Seizing Opportunities and Avoiding Misbehavior”. The event was moderated by the Honorable Arthur S. Weissbrodt, and the panel also included the Honorable Socrates Manoukian.
For more information regarding this event, please click here.
Managing Partner Stephanie Southwick to Speak at SCCBA EventMay 27, 2015
On May 28, 2014, Greenfield managing partner Stephanie Southwick will speak at the SCCBA event “The Interview Process and You: The Things They Don’t Tell You”. The other speakers at this event include: Kathryn Fritz – Managing Partner of Fenwick and West, Andrew Kim – Senior Vice President and General Counsel of NETGEAR, Inc., and Jeff Nedrow – Chief US Attorney Northern District of CA, US Attorney’s Office. This event will cover the interview and hiring process from the big firm, small firm, in-house, and government perspectives.
Trial Victory for Greenfield ClientApril 8, 2015
Greenfield partner Maureen A. Harrington and associate Edward T. Colbert scored a recent trial victory on behalf of their client, the owner of a Menlo Park luxury condominium. The client was being sued by a tenant claiming to have an enforceable contract to purchase the property formed using email, implicating the Uniform Electronic Transactions Act (Cal. Civ. Code §1633.1 et seq.). Ms. Harrington and Mr. Colbert’s motion to bifurcate the proposed 5 day jury trial was granted by the trial judge. In the resulting one day bench trial, Ms. Harrington and Mr. Colbert achieved a complete defense victory on all five contract claims, including a claim for specific performance of the claimed purchase contract. The remaining claims, including an unlawful detainer action to recover possession of the residence, were quickly settled on positive terms for the client.
Greenfield Represents Asylum-Seekers Pro BonoMarch 27, 2015
Greenfield has answered the call for pro bono lawyers to represent families and unaccompanied minors seeking asylum in the U.S. Undocumented persons fleeing horrific violence – often from drug cartels — in their home countries are not entitled to a public defender in deportation proceedings. These victims of torture and violence, many of whom do not speak English, are unfamiliar with our Country and legal system, and have little resources, must navigate the Immigration Courts and proceedings on their own without representation. Greenfield represents pro bono a family with young children who are escaping horrific violence in their home country and seeking asylum in the U.S.
Greenfield Partner Maureen Harrington interviewed about the Pao v. Kleiner Perkins trialMarch 24, 2015
Greenfield Adds Commercial Transaction AttorneyFebruary 18, 2015
Responding to the needs of our clients for representation in complex commercial transactions, real estate transactions and employment matters, we are pleased to announce that Ann (Anina) Dalsin has joined our firm. Anina has extensive experience representing both domestic and foreign companies in a broad range of business transactions, real estate transactions, and employment advice and counsel. Anina draws from her experience as in-house counsel for a high-tech Fortune 500 company, providing outside counsel services, and collaborating with business litigators to offer integrated strategic advice. Anina’s background is the right fit for our clients who value, efficiency, and responsiveness in complex deals.
Walking Through Our Halls is a Hall of FamerFebruary 4, 2015
Associate Alex Ramon was inducted in the Occidental College Track and Field Hall of Fame, Saturday January 31, 2015. Alex distinguished himself in cross country for the Tigers by running his way to first team all-conference, first team all-west region, and first team NCAA Division III All-American honors. Alex’s career on the track was no less impressive. He was all-conference in the 1500 meters twice; two-time conference champion in the 3000 meter steeplechase; set a conference championship meet record in the steeplechase; was NCAA Division III All-American in the 3000 meter steeplechase; and is Occidental College’s school record holder in the 3000 meter steeplechase. Alex is one of just 164 individuals inducted in the Occidental College Track and Field Hall of Fame since the sport was first established at the college more than 100 years ago.
Alexander H. Ramon Joins Greenfield’s Business Litigation TeamNovember 1, 2014
Greenfield welcomes our newest associate, Alexander H. Ramon, to our business litigation team. Alex clerked for Judge Andrea Bryan of the Santa Clara County Superior Court and litigated civil cases in the trenches for two years including first chairing a trial. Alex is committed to our local legal community as an active member of the Congressman Don Edwards Inn of Court, the Santa Clara County Bar Association, and the Santa Clara County La Raza Lawyers Association.
Greenfield Partners Speak at Santa Clara Bar Association EventOctober 14, 2014
On September 26, 2014, Greenfield partners Tyler G. Draa and Maureen A. Harrington were panelists for the SCCBA program “Conducting Jury Trials: A Comprehensive Guide”. The other panelists for this continuing education program sponsored by the Santa Clara County Bar Association’s Civil Practice Committee were the Honorable Socrates “Pete” Manoukian, the Honorable Erica Yew, and Doris Cheng.
Greenfield Successfully Defends DoctorOctober 7, 2014
Greenfield Hosts School Board Candidates ReceptionSeptember 30, 2014
Greenfield hosted its third Candidates Reception to encourage civic engagement and provide an opportunity to get “up close and personal” with elected officials (or those who would like to be our elected officials). Jointly sponsored with the Jewish Community Relations Council of Silicon Valley, over 20 candidates for Santa Clara County school boards (K-12) and Community College districts attended this reception. This was an opportunity for our friends, colleagues, and members of the public to meet and chat with the people who are in charge of our children’s education.
Greenfield Helps Elderly Client Reclaim Real EstateSeptember 29, 2014
Greenfield recently settled an elder abuse case for an eighty-one year old client. Partners Maureen A. Harrington and Justin S. Draa obtained a return of real property for Greenfield’s client from the defendant, who had wrongfully transferred title of valuable property. This is the second plaintiff’s elder abuse case Ms. Harrington and Mr. Draa have successfully resolved for their clients within the last year.
Four Greenfield Attorneys Named Super LawyersAugust 29, 2014
Bernie Greenfield Speaks on Wealth Management, Asset Protection, and Creditors Rights PanelJuly 24, 2014
Greenfield partner Bernie Greenfield presented to the Bay Area Bankruptcy Forum on “Wealth Management, Asset Protection, and Creditors Rights” on June 18, 2014, at the City Club in San Francisco. The program covered entity protection, fraudulent conveyance, alter ego, creditor response, and specific planning issues such as transfers to spouses and divorce.
Greenfield Hosts Judicial Candidates ReceptionMay 2, 2014
Greenfield hosted a reception for judicial candidates running for election in Santa Clara County on May 1, at its San Jose office. This is the second candidate event Greenfield has hosted with the Community Relations Council of the Jewish Federation of Silicon Valley. Judicial candidates Honorable Diane Ritchie, Matthew Harris, Annrae Angel, and Dennis Lempert all spoke about their candidacy and fielded questions from the attendees. Esteemed attorney Philip Hammer introduced the candidates. Also in attendance was former San Jose mayor, Susan Hammer, and San Jose District Attorney, Jeff Rosen.
Greenfield Hosted Event for Marin County Supervisor Candidate Damon Connolly.March 27, 2014
Greenfield hosted an event for Candidate for Marin County Supervisor, Damon Connolly, now the Vice-Mayor and a City Council member for San Rafael. This event took place at the Greenfield San Francisco Office on March 27, 2014, and provided attendees the opportunity to meet Damon Connolly before the upcoming election.
Damon Connolly is a two-term San Rafael City Council member, former School Board President, chair of Marin Clean Energy, and former Supervising Deputy California Attorney General. He is running in the June 2014 election for Marin County Supervisor.
For more information on his campaign click here.
Partner Maureen Harrington quoted in the Fresno BeeMarch 6, 2014
Greenfield’s recently filed employment discrimination case was the subject of an article which appeared in the Fresno Bee on Sunday, March 2, 2014. Partners Tyler Draa and Maureen Harrington filed this employment discrimination lawsuit on behalf of a former Fresno Community Regional Medical Center employee who alleges, among others things, that she was treated unlawfully by her employer after she made complaints about Dr. Chaudhry, a prominent cardiac surgeon who has been sued for medical malpractice including leaving the operating room before his open heart procedures were complete.
Read more here.
Congratulations to the Leland High School Mock Trial team coached by Greenfield for a job well done last night at their first mock trial competition!February 5, 2014
Greenfield Sponsors the Bay Area All-Stars Benefit LuncheonOctober 25, 2013
Greenfield was a proud sponsor of the Bay Area All-Stars Benefit Luncheon which raised $246,004 and drew over 200 guests in support of this non-profit organization.
The All-Stars Project, Inc. provides performing arts activities, leadership training and volunteer activities which enrich hundreds of young people in the underprivileged and minority communities they serve both in the Bay Area and across the country.
Greenfield would like to congratulate the All-Stars on its successful fundraiser. For more information on this event and the organization, please click here.
Partner Marcia Gerston Participates in Jewish Council on Public Affairs’ 2013 Mission to PhiladelphiaOctober 7, 2013
Partner Marcia Gerston, Chair of the Jewish Community Relations Council of Silicon Valley, met up with Philadelphia Mayor Michael Nutter, among other elected officials, clergy, and community leaders from across the country at the 5th African-American and Jewish Community Leaders Mission sponsored by the Jewish Council on Public Affairs. This year’s Mission was held in Philadelphia, October 1-3, 2013, and was attended by Jewish and African-American leaders from across the country. Each community taking part in the Mission sent one Jewish leader and one African-American leader. Ms. Gerston was pleased to go with Milan Balinton, the Executive Director of the African-American Community Services Agency in San Jose. The trip had added significance for Ms. Gerston, who is a native of Philadelphia.
Attendees volunteered with local service projects like the Chosen 300 Ministries soup kitchen and explored Philadelphia’s rich history and ties between the African-American and Jewish communities. Participants discussed issues of race, poverty, and economic justice that effect communities on a local and national level. Opportunities for continued intercommunity partnerships following the Mission were explored. As a result, a national council of African-American and Jewish leaders was created to continue work on the important issues discussed during the 2013 Mission.
Presently, Ms. Gerston and Mr. Balinton, are working on a variety of projects, including a voting rights forum to be held in January 2014 in connection with the 50th anniversary of the passage of the 1965 Voting Rights Act.
Four Greenfield Attorneys Named California Super Lawyers for 2013July 3, 2013
Congratulations to Greenfield partners Bernard Greenfield, Tyler Draa, and Sandra McIntosh, for being named 2013 Super Lawyers! Congratulations are also owed to Greenfield Associate Justin Draa who was named a Super Lawyer, Rising Star for 2013!
No more than five percent of the lawyers in the state are selected by Super Lawyers, a Thompson Reuters business. Super Layers is a rating service of outstanding lawyers from more than 70 practice areas who have attained a high degree of peer recognition and professional achievement. The annual selections are made using a rigorous multi-phase process that includes a statewide survey of lawyers, an independent research evaluation of candidates, and peer reviews by practice area.
Rising Stars, like Super Lawyers are nominated by peer reviews, and while up to five percent of the lawyers in the state are named to super lawyers, no more than 2.5 percent of the lawyers in the state are named to the Rising Star list.
Each Greenfield attorney was featured in the August 2013 edition of San Francisco Magazine, which highlighted their skills in the legal community as a Super Lawyer.
Greenfield Wins Pro Bono MatterJune 25, 2013
Greenfield attorneys Janet Walworth and Anand Patel scored a victory recently in a pro bono matter representing Living Rock Christian Church, located in Sunnyvale, California. Upon seeking financing to repair a leaky roof, the Church discovered irregularities in the real property ownership records from decades before. Mr. Patel prepared and filed an action to quiet title, removing any question as to the ownership of the Church’s facility. The action was entirely successful, with a judgment promptly rendered in favor of the client.
Justin Draa Speaker at Santa Clara Bar Association EventMay 15, 2013
Greenfield Attorney, Justin Draa, was part of a five speaker panel which included the Honorable Kenneth Barnum of the Santa Clara County Superior Court. The event was sponsored by the Santa Clara Bar Association and took place on May 15, 2013. The program, titled “The Nuts and Bolts of Litigating Against Vexatious Litigants,” addressed the types of issue that arise when counsel is confronted with an abusive pro-per litigant. Mr. Draa presented, through personal experience, the various tools afforded to attorneys under the California Code of Civil Procedure when dealing with vexatious, self-represented litigants.
For more information regarding the event, please click here.
Greenfield Negotiates $4.9 Million Settlement for ClientApril 26, 2013
Greenfield attorneys worked on the matter of Heller Ehrman LLP v. Greenberg Traurig LLP for nearly two years before reaching a settlement agreement.
The Heller Ehrman Complaint, filed in October of 2011, covered professional negligence and a number of other claims against Greenberg Traurig LLP. This settlement followed several days of mediation and lead to the recovery $4.9 Million for the Heller Ehrman estate.
This Settlement was covered in two major legal publications, The Daily Journal and The Recorder. For the complete articles and more information relating to the settlement, please click on the links below.
Greenfield Co-Sponsors Santa Clara Bar Association EventMarch 27, 2013
Greenfield co-sponsored The Solo and Small Firm Committee in conjunction with Barristers Committee New Admittee Mixer Tuesday, April, 30, 2013; 5:30p.m. – 8:00p.m.
Held at the Britannia Arms in downtown San Jose, new admittees networked, exchanged tips, and traded stories.
For registration details please click here.
Greenfield Partner Maureen Harrington Moderated CEB Panel in San FranciscoMarch 14, 2013
Partner Maureen A. Harrington moderated a panel on “Commercial Landlord-Tenant Disputes” on April 12, 2013, for Continuing Education of the Bar in San Francisco. The expert panel discussed current issues in the rebounding commercial real estate market, commercial landlord tenant relationships in bankruptcy cases, and strategies for resolution of tenancy disputes.
Greenfield Wins Against Four Prominent Law FirmsMarch 12, 2013
Greenfield, representing the estate of Heller Ehrman, achieved a great triumph after U.S Bankruptcy Judge Dennis Montali ruled in favor of his Motion for Summary Judgment and against the Cross-Motions of four prominent law firms. Montali found each of the defendant law firms violated the fraudulent transfer laws by taking on business that originated at Heller Ehrman to gain profit. According to the San Francisco Daily Journal, “[This is] a decision that could have ramifications for other large law firm Bankruptcies.”
To view the full Daily Journal article, click here.
Janet R. Walworth, Justin Draa and Anand Patel Speaker at The Risk Management Association LuncheonFebruary 12, 2013
Janet R. Walworth, Justin Draa and Anand Patel spoke at the Silicon Valley Chapter of Risk Management Association Luncheon on Tuesday, February 12, 2013. They discussed important legal cases of 2012 that affect financing professionals.
The Risk Management Association is a not-for-profit member driven association which focuses on advancing the use of sound risk principles in the financial services industry. More information can be found here.
Greenfield Represents Trustee in the Sale of the Sacramento KingsJanuary 31, 2013
Greenfield’s involvement in the sale of the Sacramento Kings has been expanded as David Flemmer, the trustee of the bankruptcy estate of Robert A. Cook (a developer who held a 7% interest in the team), investigates the sale of the Maloof family’s controlling interest in the team to a Seattle Group. Greenfield was originally retained as special litigation counsel last year to represent the bankruptcy trustee in adversary proceedings in Mr. Cook’s bankruptcy case. Greenfield’s employment has now been expanded to assist the bankruptcy trustee as he seeks to protect the limited partners and enforce a right of first opportunity that may allow the limited partner to match the offer from the Seattle Group. Preserving this right of first opportunity could potentially increase the value of the minority interest by millions of dollars.
For more information surrounding this case, please see the following links, for news articles from the Sacramento Bee and local Sacramento news station KCRA.
Greenfield Settles Complex Business Litigation Matter After Cross-ExaminationNovember 14, 2012
Partners Maureen Harrington and Sandra McIntosh represented the General Partner and Managing Member in a complex business litigation matter involving dozens of entities over two decades who had been sued for breach of fiduciary duty. The damages claimed by the Plaintiffs totaled over $60 million. After Ms. Harrington’s cross-examination of the Plaintiffs, the case settled with essentially no money paid on account of Plaintiffs’ claims, an offer which had been made three months earlier and rejected by the Plaintiffs. The Plaintiffs were represented by a large international law firm.
Partner Stephanie Southwick Wins Breach of Employment Contract and Employment Discrimination DefenseAugust 15, 2012
Greenfield partner Stephanie Southwick won a defense verdict for a reputable medical group. Our client was sued by a former employee doctor for breach of employment contract and various types of employment discrimination. The parties went to trial on the contract issue. After losing on the contract claim, the Plaintiff dismissed the rest of her suit against our client.
Three Greenfield Attorneys Included in List of Northern California Super LawyersAugust 13, 2012
Greenfield partners Bernard Greenfield, Tyler Draa and Sandra McIntosh have all been named to the Northern California Super Lawyers® list for 2012. No more than 5 percent of the lawyers in the state are selected by Super Lawyers. Super Lawyers®, a Thomson Reuters business, is a rating service of outstanding lawyers from more than 70 practice areas who have attained a high degree of peer recognition and professional achievement. The annual selections are made using a rigorous multi-phased process that includes a statewide survey of lawyers, an independent research evaluation of candidates, and peer reviews by practice area. The attorneys and staff of Greenfield congratulate Bernie, Tyler and Sandra on this well-deserved honor.
Greenfield Attorney Janet Walworth Completes LLM in Intellectual Property LawJuly 3, 2012
Greenfield congratulates attorney Janet Walworth for completing her LLM in Intellectual Property Law from the Santa Clara University School of Law on May 19, 2012. Janet practices in the area of secured transactions, loan workout and restructure, and real estate.
Greenfield Partner Stephanie Southwick Joins Ballet San Jose Board of TrusteesMay 9, 2012
After serving on the Ballet San Jose School Committee, Stephanie Southwick has joined the Ballet’s Board of Trustees. Stephanie is honored to be working with Ballet San Jose during this exciting period of growth for the Ballet. Last December, BSJ announced a partnership with American Ballet Theatre granting BSJ access to ABT’s vast creative resources and advisory staff and will implement the ABT National Training Curriculum in the Ballet San Jose School. BSJ just completed an excellent season of performances under the artistic direction of Wes Chapman.
Greenfield Partner Marcia Gerston Wins Appeal Before Ninth Circuit Bankruptcy Appellate PanelMarch 12, 2012
Greenfield attorney Marcia Gerston successfully prevented the subordination of a multimillion dollar claim of Greenfield’s client in a commercial bankruptcy case pending in the Northern District of California. A three-judge panel of the Bankruptcy Appellate Panel of the Ninth Circuit Court of Appeals upheld the decision of Bankruptcy Judge Charles Novak in a Memorandum decision issued on March 8, 2012. The Chapter 7 Trustee had attempted to subordinate the claim of Greenfield’s client under section 510(b) of the Bankruptcy Code on the grounds that the promissory note on which the claim is based arose from “the purchase or sale of a security,” since it could be traced back to a Stock Repurchase Agreement triggered by the death of one of the debtor’s principals. The Bankruptcy Court declined to subordinate the claim. The BAP panel agreed that “merely because the debt represented in the promissory notes is from the repurchase of … stock does not automatically mean that it is subject to subordination.” The judges recognized that the policies behind section 510(b) subordination would not be advanced by allowing this claim to be subordinated and determined that summary judgment was appropriate. It is unknown whether the Chapter 7 Trustee will appeal this decision further.
Greenfield Wins Hard-Fought Appeal After Remand Over Business Tort DamagesMarch 1, 2012
Greenfield recently had a trial victory affirmed after both an initial appeal and a second appeal after a remand. In a published opinion (click here for the full opinion), the US District Court for the Eastern District of California confirmed the Bankruptcy Court’s award of damages to Greenfield’s client, the bankruptcy estate of Richard Shields, for intentional inference with prospective economic advantage. Appellant was found liable for disrupting the sale of Shields Trucking to a third-party, and the bankruptcy estate was awarded damages that included $200,000 in accounts receivable that were not to be sold in the sale. On appeal, the Court agreed with GS partner, Chris Sullivan, that damages for a claim for interference with prospective economic advantage should place the injured party where it would have been had the tortious act not occurred, and upheld the Bankruptcy Court’s award.
Greenfield partner Bernie Greenfield weighs in on the effects of Kodak’s bankruptcy on its patent portfolioFebruary 23, 2012
GS Partner Chris Sullivan to join three federal judges on a FBA PanelFebruary 23, 2012
Greenfield Partner Marcia Gerston Argues Complex Bankruptcy Issues Before Appellate PanelJanuary 19, 2012
Greenfield attorney Marcia Gerston argued before a three-judge panel of the Bankruptcy Appellate Panel of the Ninth Circuit Court of Appeals on Thursday, January 19, 2012 in San Francisco. She requested that the panel uphold a decision of Bankruptcy Court Judge Charles Novak which declined to subordinate the multimillion dollar claim of GS’s client in a commercial bankruptcy case. The Chapter 7 Trustee appealed the Bankruptcy Court decision on the grounds that the promissory note on which the claim is based arose from “the purchase or sale of a security,” since it could be traced back to a Stock Repurchase Agreement triggered by the death of one of the debtor’s principals, and should therefore be subordinated under section 510(b) of the Bankruptcy Code. Ms. Gerston argued that the policies behind section 510(b) subordination would not be advanced by allowing a claim based on a fixed debt with a fixed rate of interest to be subordinated. A decision from Judges Randall Dunn, Eileen Hollowell and Deborah Saltzman is expected soon.
Greenfield Partner Stephanie Southwick joins the Ballet San Jose School CommitteeJanuary 18, 2012
Greenfield Draa & Harrington partner Stephanie Southwick recently became the newest member of the Ballet San Jose School Committee. As a former ballet dancer, Stephanie is excited to be involved with the Ballet San Jose School, which trains over 485 students in Silicon Valley in classical ballet. Ballet San Jose recently announced a partnership with New York City-based American Ballet Theatre. Both Greenfield and Stephanie are thrilled to support Ballet San Jose during this exciting transition.
GS wins motions denying withdrawal of the bankruptcy court reference under recent Supreme Court decision Stern v. MarshalDecember 13, 2011
Representing the debtor in the bankruptcy of Heller Ehrman LLP, GS attorneys Chris Sullivan and Matt Schultz recently made headlines when they defeated a number of motions to withdraw the reference to the bankruptcy court filed by several of the largest law firms in the Bay Area. The Liquidating Debtor, Heller Ehrman LLP, initiated adversary actions against the law firms seeking their profits from the unfinished business existing at the time of the debtor’s dissolution and bankruptcy. The law firms filed a number of motions to withdraw the reference to the bankruptcy court, citing the recent Supreme Court decision Stern v. Marshall, 131 S.Ct. 2594, 180 L. Ed. 2d 475 (2011). In an extensive written opinion, United States District Court Judge Charles R. Breyer denied the motions, holding that Stern did not require immediate withdrawal of the reference to the bankruptcy court. The decision is likely to have widespread impact and be followed in other Ninth Circuit cases.
GS Files Complaint for over $30 Million Against Greenberg Traurig in Heller Ehrman LLP BankruptcyNovember 2, 2011
Representing the debtor in the bankruptcy of Heller Ehrman LLP, GS attorneys Chris Sullivan, Ken Brunetti, and Matt Schultz recently made headlines when they initiated an adversary proceeding against Greenberg Traurig LLP via a complaint filed in the U.S. bankruptcy court. The complaint alleges claims for, among other things, professional negligence and the receipt of preference payments under 11 U.S.C. § 547, and seeks the recovery of more than $30 million.
GS Partner Marcia Gerston Honored by The All Stars Project of San FranciscoOctober 25, 2011
The All Stars Project of the San Francisco Bay Area recently announced that Greenfield Sullivan Draa & Harrington partner Marcia Gerston is one of its 2011 Partners with Youth Honorees. Marcia is being honored as a supporter of the All Stars Project that has made investing in the growth and development of inner-city youth a priority. The firm offers its congratulations and gratitude to Marcia and her fellow honorees for their commitment to youth, and looks forward to supporting the All Stars Project at its Benefit Luncheon on October 25, 2011, in San Francisco.
GS Hosts Cocktail Party to Honor the New Firm Name and Welcome Janet R. Walworth to the FirmOctober 20, 2011
Thank you, to everyone that attended Greenfield Sullivan Draa & Harrington LLP’s cocktail party on Oct. 20, 2011. Also, special thanks to the amazing catering job by Schilling & Co.
GS Partners Bernard S. Greenfield and Christopher D. Sullivan Named to List of Northern California Super LawyersAugust 2, 2011
Bernard S. Greenfield and Christopher D. Sullivan, of Greenfield Sullivan Sullivan and Draa LLP, have been named to the Northern California Super Lawyers list as two of the top attorneys in California for 2011. No more than 5 percent of the lawyers in the state are selected by Super Lawyers.
Super Lawyers, a Thomson Reuters business, is a rating service of outstanding lawyers from more than 70 practice areas who have attained a high degree of peer recognition and professional achievement. The annual selections are made using a rigorous multi-phased process that includes a statewide survey of lawyers, an independent research evaluation of candidates, and peer reviews by practice area.
The Super Lawyers lists are published nationwide in Super Lawyers magazines and in leading city and regional magazines across the country. Super Lawyers magazines also feature editorial profiles of attorneys who embody excellence in the practice of law. For more information about Super Lawyers, go to superlawyers.com.
The first Super Lawyers list was published in 1991 and by 2009 the rating service had expanded nationwide. In February 2010 Super Lawyers was acquired by Thomson Reuters the world’s leading source of intelligent information for business and professionals.
GS Achieves $5 Million Settlement, Doubles Expected Distribution in Heller Ehrman LLP BankruptcyJuly 21, 2011
Representing the creditors’ committee in the bankruptcy of one of the largest and oldest law firms in the Bay Area, GS attorneys Chris Sullivan and Matt Schultz recently reached a nearly $5 million settlement in one of the adversary proceedings filed on behalf of the firms’ creditors. The settlement was reached after GS defeated over fifteen motions to dismiss in related adversary proceedings and a motion to withdraw the bankruptcy court reference filed by the defendant.
GS Achieves Denial of Motions to Dismiss in Heller Ehrman LLP Bankruptcy Filed by Sixteen Law Firm DefendantsApril 22, 2011
Representing the creditors’ committee in the bankruptcy of one of the largest and oldest law firms in the Bay Area, GS attorneys Chris Sullivan and Matt Schultz defeated numerous motions to dismiss filed by some of the largest law firms in the Bay Area. The liquidating debtor, Heller Ehrman LLP, initiated adversary actions against the law firms seeking their profits from the unfinished business existing at the time of the debtor’s dissolution and bankruptcy. The law firms launched numerous legal challenges to the claims in sixteen motions to dismiss. In an extensive written opinion, the bankruptcy court denied the motions, holding that debtor’s waiver of its pre-dissolution right to an accounting for these profits constituted a “transfer” of a property interest under the Bankruptcy Code and rejecting the defendants’ arguments that the firm’s unique structure insulated the law firm defendants.
GS achieves $20 Million Settlement Against Bank of AmericaApril 1, 2011
Representing the creditors’ committee in the bankruptcy of one of the largest and oldest law firms in the Bay Area, GS attorneys achieved a $20 million dollar settlement in one of the adversary proceedings initiated in the Heller Eherman LLP bankruptcy. The $20 million dollar settlement was achieved following litigation before the bankruptcy court and a private mediation in which GS attorney Chris Sullivan represented the debtor. To read news articles concerning the settlement, please click here.