"Judge Orders Depositions In Proskauer Malpractice Suit
Law360, Los Angeles (July 13, 2011) -- A California state judge ruled Wednesday that in-house attorneys for Ascent Media Group LLC must provide depositions as part of a former executive's malpractice suit against Proskauer Rose LLP over the firm's alleged conflict of interest during two sexual harassment investigations.
William Frazee claims Proskauer had a conflict of interest in representing both him and Ascent in the investigations, both of which were resolved in mediation but later led to a dispute between Frazee and his employer over fees stemming from the proceedings.
While Judge Robert L. Hess granted Frazee's request for depositions, he refused to compel Ascent attorneys William Niles and Niloofar Shepherd to produce documents related to the investigations.
He also denied a motion to depose Jackie Lee, a vice president at Ascent. Frazee's attorney, Samuel J. Smith of SJS Counsel APC, argued that Lee — who allegedly declined to have Frazee investigated for a third sexual harassment claim — could show that Proskauer did not do a thorough job defending Frazee against the allegations. But Judge Hess said Lee's alleged decisions not to have a claim against Frazee investigated had nothing to do with the legal malpractice accusation.
“This argument you're making has no logical force, frankly,” Judge Hess told Smith before delivering his ruling. “I'm thoroughly unimpressed.”
The mixed ruling could shed more light on Proskauer's alleged conflict of interest and comes almost seven months after Frazee sued the firm.
Frazee claims Proskauer failed to inform him of attorneys' fees liabilities during the two sexual harassment arbitration hearings and other legal matters. In doing so, Proskauer put the interests of Ascent ahead of Frazee, the lawsuit alleges.
Former Ascent employee Carrie Zuzenak sued the company and Frazee for sexual harassment in 2006, and that case, which was handled by Proskauer, was settled in mediation and Frazee was given a reprimand by the company, according to the complaint.
Then in March 2010, another employee, Addie Hall, sued Ascent and Frazee for sexual harassment, according to the suit. Both sides in Hall's case agreed to mediation in July 2010, and Frazee was given another reprimand, according to the complaint.
In November, Ascent filed its own arbitration claim against Frazee, claiming the lawsuits and arbitration proceedings were outside the scope of his employment and that he must reimburse the company for $500,000 in attorneys' fees, expenses and settlement payments.
Frazee alleges in his lawsuit against Ascent that Proskauer failed to advise him to seek independent legal counsel and that attorneys failed to obtain a release from Ascent for legal fees. Frazee also claims Proskauer improperly settled two proceedings without his consent.
Proskauer's attorney, Janel Ablon of Littler Mendelson PC, argued that discovery in the malpractice lawsuit should be stayed until after arbitration proceedings between Frazee and Ascent were done, but Judge Hess said he wanted to make sure the lawsuit was not stalled.
Ablon told the judge Niles and Shepherd would be ready for depositions in August.
Frazee is represented Samuel J. Smith of SJS Counsel APC.
Proskauer is represented by Janel Ablon of Littler Mendelson PC.
The case is Frazee v. Proskauer Rose LLP et al., case number BC452417, in the Superior Court for the State of California, County of Los Angeles. "
Source of Proskauer Rose LLP - Proskauer Rose Attorney Post
http://www.law360.com/articles/257919/judge-orders-depositions-in-proskauer-malpractice-suit
Proskauer Rose Lawyers are Famous for Getting away with Perjured Depositions, So Watch for This.
Got A Tip on This Case or on Proskauer Malpractice Suit, Proskauer Rose LLP, William Frazee, Ascent Media Group, Judge Robert L. Hess, Niloofar Shepherd, William Niles - email your tip to Crystal@CrystalCox.com
Showing posts with label William Frazee. Show all posts
Showing posts with label William Frazee. Show all posts
Saturday, July 16, 2011
Sunday, July 3, 2011
Proskauer Rose Law Firm in another Scandal, Anthony Oncidi, Proskauer Rose Ascent Media Group - CaN YOU say RICO ?
"Former Media Executive Sues Proskauer for Malpractice Over Arbitration
Posted by Brian Baxter
William Frazee, a former vice president at Ascent Media Group, is suing Proskauer Rose and Los Angeles-based partner Anthony Oncidi for allegedly mishandling arbitration matters and having a conflict of interest when representing him, according to sibling publication The National Law Journal.
The civil suit by Frazee was filed against Proskauer and Oncidi, the head of the firm's labor and employment group in L.A., on January 4 in Los Angeles County superior court. The NLJ reports Frazee is seeking more than $500,000 in compensatory damages plus punitive damages.
According to the complaint, Frazee previously held management positions at MGM Studios, United Artists, and Dick Clark Productions. The NLJ reports Frazee worked for Ascent when two women filed separate complaints against him and the company, one of which was a sexual harassment claim that went to arbitration. (Courthouse News has more background on the dispute.)
After settling the disputes with the two women, Ascent claimed in arbitration proceedings that Frazee's conduct was outside the scope of his employment, the NLJ reports, making him liable for $500,000 in attorney's fees and other settlement payments by Ascent.
Frazee claims Proskauer never informed him of any potential fee liability and claims the firm was conflicted in representing both him and Ascent, according to The NLJ.
In an e-mailed statement to The NLJ, Proskauer said Frazee's suit "arises from ongoing litigation between parties and is clearly intended as a tactic in that dispute."
Samuel Smith of Beverly Hills-based SJS Counsel is representing Frazee. Smith told The NLJ that his client is currently unemployed.
The suit against Proskauer comes two weeks after the former CEO of another major entertainment company, James Wiatt of the William Morris Agency (now called William Morris Endeavor after a 2009 merger), sued Winston &; Strawn over the actions of former partner Jonathan Bristol, who was charged by the U.S. Department of Justice and the SEC with fraud on December 16."
Source of Proskauer Rose Post
William Frazee, a former vice president at Ascent Media Group, is suing Proskauer Rose
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