Legal News

Court of Appeal beckons review for former Fisher & Phillips partner

By Richard Binder

Reversing a trial court, the California 4th District Court of Appeal ruled on April 27 that Robert J. Bekken is entitled to have a state court review a 2006 arbitration award that favored the law firm in a dispute that began after Bekken left it in 2004.

The appeals court found that under recent California case law the parties could lawfully arrange in their arbitration agreement governed by the Federal Arbitration Act to have a court determine whether error had marred the proceeding.

Bekken, a former partner in the Irvine, Calif., office of Fisher & Phillips, had practiced at the law firm for 37 years. He withdrew from the partnership in 2004. In January 2006, he demanded arbitration of several claims, including unfair competition, fraud, defamation, breach of fiduciary duty and breach of contract.

Retired U.S. District Court Judge Gary Taylor presided over the arbitration proceeding, which involved more than 30 witnesses and 1,000 exhibits, according to the recent decision. He denied all of Bekken's requests and assessed his tax costs at $85,067. A lower court later confirmed the award and granted Fisher & Phillips $52,610 in attorney's fees.

Full story at NLJ.com.

Full post as published by Legal Pad | LA on April 29, 2009 (boomark / email).