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Tuesday, June 14, 2016

MSKW Calls Adelson Testan Lawsuit 'Vindictive'

  • State: California
  • Topic: WEST
  • - Popular with: Legal
  • -  13 shares
Four attorneys who started their own workers’ compensation defense firm after leaving Adelson,…

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Rodolfo Garcia Nov 3, 2016 a 2:58 pm PDT

my vote is for the 11 herbs and spices.

Cornelia Sterner Nov 3, 2016 a 2:58 pm PDT

This is clearly a huge firm with deep pockets bullying former employees. Trade secrets? It is all work comp law no matter how you run it. Try keeping your attorneys and staff happy instead and they will quit leaving. All ATB alumni will testify to this. If it weren't for the need to amass so many Picassos, this would be a non-issue.

Christopher Lear Nov 3, 2016 a 2:58 pm PDT

I agree with others here that the "trade secrets" portion of this lawsuit is ridiculous. There are only so many ways to defend a workers' comp claim and they're all outlined in the Labor Code, Rules and Regs, Policy & Procedure Manual, etc. and ATB certainly hasn't created a new product. However, if the MSKW attorneys were working at ATB and simultaneously stealing information from the ATB computer system (client names, phone numbers, case lists, etc.), it seems to me that would be a clear violation of their duties. Since I don't practice in that area and won't take the time to research the law in that regard, I'll wait to hear more here. But I've seen it happen at firms at which I've worked and it's dirty, dirty, dirty. Collecting a check from someone while using the office, computer, phone, etc. they provide you to create your own firm. Nasty!

Christopher Lear Nov 3, 2016 a 2:58 pm PDT

I agree with others here that the "trade secrets" portion of this lawsuit is ridiculous. There are only so many ways to defend a workers' comp claim and they're all outlined in the Labor Code, Rules and Regs, Policy & Procedure Manual, etc. and ATB certainly hasn't created a new product. However, if the MSKW attorneys were working at ATB and simultaneously stealing information from the ATB computer system (client names, phone numbers, case lists, etc.), it seems to me that would be a clear violation of their duties. Since I don't practice in that area and won't take the time to research the law in that regard, I'll wait to hear more here. But I've seen it happen at firms at which I've worked and it's dirty, dirty, dirty. Collecting a check from someone while using the office, computer, phone, etc. they provide you to create your own firm. Nasty!

Erin Ward Nov 3, 2016 a 2:58 pm PDT

Doesn't anyone find it strange that MSKW is alleging toxic work environment but Michael Misa was the Managing Partner of the Long Beach office? Wouldn't he be the one responsible for the work environment? Also, Matthew Koller's brother works at one of the other offices and still does. Why would you encourage your brother to work somewhere you don't like or is "deceptive" and "unscrupulous"? Martin Stefen left and came back - why would you do that if, again, it was so bad?

Also, how do you think ATB found out about their firm in the first place? As indicated in ATB's complaint - MSKW was soliciting client's while still working for ATB. This is why they were terminated.

MSKW is trying to paint this a David v. Goliath story because they don't have anything else to make them look good. Why would a firm as big as ATB care about 4 attorneys - how many files could they really handle that would have any impact on ATB? Further, many other attorneys have left ATB and started their own firms and ATB never sued them so obviously these 4 must have done something different.

Anonymous Nov 3, 2016 a 2:58 pm PDT

Sounds like an episode of the Good Wife..... From Personal experience most ATB attys I used to have to deal with were sometimes less than ethical, usually full of Sh** and never nice to work with. So a toxic work environment is definitely a possibility. I used to always think to myself, how can you be so miserable and such an ......... Karma sucks ATB

Anonymous Nov 3, 2016 a 2:58 pm PDT

Sharks verses sharks. Someone plez pour a bucket of chum in the water........

James Witkop Nov 3, 2016 a 2:58 pm PDT

People sometimes forget that all judges are licensed attorneys and at some point were in private practice. Judges generally loathe these types of complaints and especially so when the allegations of wrongdoing are not very specific. However, even if the demurrer is granted, ATB will be given leave an additional 3-4 times to allege a proper cause of action. Expect to hear about this case for the next 2-3 years, lust like Widom v. Stockwell.

John Kamin Nov 3, 2016 a 2:58 pm PDT

I agree. I can recall my employment law professor suggesting not to file demurrers, because a successful demurrer just gives your opponent leave to amend, and gives them a lesson on what was flawed in their original complaint. The only flaw in that strategy is that if you proceed deeper into the case, an appellate court could give leave to amend after months/years of fighting about the original, flawed complaint.

Carol Powell Nov 3, 2016 a 2:58 pm PDT

Page 2 of their brief says: "Due to an increasingly intolerable work environment, a pattern of deceptive audit practices and directives by the firm, and unscrupulous billable-hours requirements," they left ATB. A better question is why their clients don't ask what the attorney billable requirement is?

JAMES BADER Nov 3, 2016 a 2:58 pm PDT

Good luck to the new attorneys starting their own practice. It takes guts, hard work, and a lot of stress to go out on your own.

Its America, and I am rooting for the underdog, the new start-up, against the large established law firm who aspires to crush the new small firm.

The fact is, isn't it the decision of the clients whether or not they wish to keep their files with ATB or the new firm. How do they "steal" the clients? Best of wishes to Michael Misa and his new firm.

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