February 20, 2006

The law firm was simultaneously representing the bankrupt Congoleum and numerous asbestos plaintiffs who had sued it. (Henry Gottlieb, "Conflicts Cost Firm in Congoleum Case $13 Million in Fees", New Jersey Law Journal, Feb. 21). Lester Brickman testified to Congress about these conflicts, and we covered the Third Circuit opinion Oct. 18, with lots of links therein to similar conflicts, where courts have been more willing to treat bankrupt companies as asbestos plaintiff attorneys' piggy-banks.

(My former firm, O'Melveny & Myers LLP, represented insurers who successfully objected to Gilbert Heintz's role. I had no role in the case.)