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Marc Mukasey Wants Out of the Pierce Bainbridge Mess – Littler Mendelson and Putney Twombly Remain Willing to “Swallow Some Risk”

In the Summer of 2018, Pierce Bainbridge Beck Hecht & Price LLP approached a prominent NYC lawyer to join the self-proclaimed “Fastest Growing Law Firm in the History of the World.”

The attorney rejected the advances and opined in an email to managing partner John Mark Pierce:

“[John] you have an unsustainable business model. . . Trying to do what you are doing – build a major NYC firm overnight is hugely risky because you need to attract real talent. The last person who tried it in NY was Mark Dreier. He ended up in jail.”

When It Rains It Pours

The bad news has been like a tsunami for the embattled Pierce Bainbridge law firm. Notwithstanding a client roster that includes Rudy Giuliani, Michael Avenatti, Tulsi Gabbard, Don Lemon, George Papadopoulos, Lenny Dykstra and Joan Dangerfield (Rodney Dangerfield’s wife):

Over 25 attorneys have recently quit the firm.

A Philadelphia lawyer, who previously accused the firm of paying off clients, has sued Pierce Bainbridge, its name partners and the firm’s original litigation financier Pravati Capital LLC on the theory, according to Law360.com, that Pierce Bainbridge “‘grossly exaggerated’ the value of a rights of publicity case to drum up litigation funding and recruit attorneys.”

According to the American Lawyer, Pierce is on leave as a result of shady “personal use” financial dealings. A Lawfuel.com article provides additional detail on the depths of Pierce’s recent financial foul play – it is an incredible read. This self-dealing now being reported aligns squarely with the whistleblowing of former partner Don Lewis who alleged financial malfeasance by John Pierce in a complaint filed nine months ago, on May 16, 2019:

The Downfall Continues – Mukasey Files to Withdraw Citing Ethical Issues

As if the 25 or so departing attorneys were not enough, Pierce Bainbridge is now dealing with even more rejection. The firm’s counsel for the Lewis lawsuits, Mukasey Frenchman & Sklaroff LLP (the “Mukasey Firm”), has filed a withdrawal as counsel. Mukasey’s Affidavit hits two themes that Lewis has been clamoring since he first blew the whistle on Pierce Bainbridge: (i) ethics are an issue at the Pierce Bainbridge firm and (ii) Pierce Bainbridge has a habit of failing to pay creditors when debts become due.

The lack of ethics at Pierce Bainbridge is also supported by two judicial opinions (within the last year) finding the firm to have violated the ethical Rules of Professional Conduct.

In one instance, a federal judge referenced “deceit” and “trickery” in admonishing New York Office Managing Partner David Hecht. Hecht foolishly proceeded to boast about the holding on LinkedIn, apparently proud that the firm was not disqualified. Indicative of the Pierce Banbridge culture, Managing Partner Pierce, and Los Angeles Office Managing Partner Amman Khan “liked” the New York Office Managing Partner’s post. (Interestingly, in 2013, Khan, while at Glaser Weil, was named as a defendant in a $27.5 million malpractice claim for allegedly “form[ing] a ‘plan, scheme and conspiracy’ to foul up [a] litigation;” the matter appears to have resolved after almost three years.)

Joining Mukasey in rejecting the firm is Michael Pomerantz, formerly of Grais & Ellsworth. Pomerantz is the most recent partner to join the Great Pierce Bainbridge Escape, his LinkedIn profile has scrubbed any reference to the firm Pomerantz served as “Co-Founder of the NY Office” and “Equity Partner” for almost two years. Pomerantz is the fourth partner defendant in the Lewis lawsuits to quit Team Pierce(joining Eric Creizman, Caroline Polisi and Melissa Madrigal). According to Lewis: “Michael Pomerantz fits the Pierce Bainbridge profile of disregard for the truth. He ‘liked’ an untrue and massively defamatory post Pierce made about me on LinkedIn in an attempt to destroy my reputation and silence me.”

The Right Thing (Mukasey Firm) or The Wrong Thing (Littler and Putney)

Mukasey seems to have heeded Spike Lee’s advice to “Do the Right Thing.” Law firms Littler Mendelson P.C. and Putney Twombly Hall & Hirson LLP may be next to recognize they were duped. Lewis claims partners for both firms, S. Jeanine Conley (Littler) and Michael D. Yim (Putney), conspired with John Pierce, Carolynn Beck, Denver Edwards and Christopher N. LaVigne to railroad him out of the firm as part of a cover-up.

Lewis also claims: “LaVigne and Edwards 100% lied under oath to cover-up for Pierce. Edwards lied dozens of times. LaVigne lied to protect a guy – Pierce – who LaVigne had accused of stealing money, said needed to be reported, and who LaVigne opined was ‘showing signs of severe alcoholism and drug use.’”

“Honor” Turns to “Dishonor”

The Mukasey withdrawal is a remarkable turn of events. Upon being retained, Marc Mukasey – dubbed by Yahoo as “The Lawyer at the Center of Trump’s Universe” – spoke glowingly of Pierce Bainbridge. A June 6, 2019, New York Law Journal article reported:

Mukasey called it “an honor to represent” [Pierce Bainbridge] and its partners in their litigation against Lewis. “It’s a first-class law firm made up of terrific lawyers and great people. . .” – Marc Mukasey

Mukasey was not done. Months later, in the ABA Law Journal, Mukasey stated:

“Pierce Bainbridge is laser-focused on providing the highest quality service to its clients. It continues to build a diverse team of skilled practitioners who are dedicated to delivering for clients nationwide.” – Marc Mukasey

Since Mukasey’s public votes of confidence, over 25 “laser focused,” “terrific lawyers,” and “great people” have quit the so-called “first-class” Pierce Bainbridge firm; and now Mukasey himself wants to quit.

Abandonment by Mukasey must cut deep for Pierce. The disgraced former Cohen & Grigsby, Quinn Emanuel, Latham & Watkins and K&L Gates partner has seen every single lawyer leave him from the prior two iterations of the three-year-old Pierce Bainbridge firm, with the lone exception of Carolynn K. Beck. Beck previously practiced at Murchison & Cumming LLP (associate) and Margolis Tinsman (associate); she has remained by Pierce’s side, notwithstanding the severe turbulence; a former partner referred to Beck as “like a cult member.”

Michael D. Yim and Putney Twombly are in Bed with Pierce Bainbridge

Putney Twombly’s Michael Yim is personal friends with Beck and is accused of engaging in foul play to help his friend in attempts to discredit and defame Lewis. Yim previously practiced at Kelley Drye Warren LLP (special counsel), Sedgwick LLP (partner) and FordHarrison LLP (partner). A letter from Lewis’s counsel to Putney’s outside counsel (Rivkin Radler) details the “sham” nature of Yim’s investigation into Lewis; it is must read material. Furthermore, Rivkin Radler has reportedly hinted Pierce Bainbridge has not been truthful regarding its allegations against Lewis, yet Yim and Putney Twombly remain blindly committed to John Pierce and his firm.

Sylvia Jeanine Conley and Littler Mendelson are All-In with Team Pierce

Littler Mendelson’s S. Jeanine Conley appears to be cut from a similar cloth as Yim. Conley previously practiced at Baker Hostetler (partner) and Arnold & Porter (associate). The Littler Mendelson partner has been under fire for documented deceitful conduct. During negotiations Lewis withdrew a just filed Complaint at Conley’s request and she thanked him. Hours later, Pierce Bainbridge claimed Lewis “deleted the filing as a tactic, furthering his scheme to extort.” This falsehood was then relied on to defame Lewis nationwide as a “terrorist” and an “extortionist;” Conley and Littler Mendelson refused to renounce the same. Exacerbating matters, Conley subsequently filed a motion in the Lewis matter, which motion included “juvenile and baseless personal attacks” against Lewis while, “intentionally misrepresenting, or failing to grasp, elementary legal concepts,” according to Lewis. Littler Mendelson and Conley eventually withdrew as counsel for Pierce Bainbridge, but only after (and as a result of) being sued by Lewis.

A willingness to “swallow some risk,” is a Pierce prerequisite for Pierce Bainbridge attorneys according to John Pierce. The risk of riding with an unethical firm on the precipice is no longer acceptable for Marc Mukasey and his partners. Putney Twombly and Littler Mendelson, however, appear to be Team Pierce Bainbridge 4 Life.

Convicted Felons

Notably, the self-proclaimed “Next Generation of Litigation Excellence,” has more convicted felons for clients, three (Lenny Dykstra, Michael Avenatti and George Papadopoulos), than reported trial victories, one (a case involving “mom & pop” ice cream sandwiches and a net recovery of around $500,000). With respect to criminality, Pierce Bainbridge has conceded that the Lewis allegations “if true, constitute criminal activity.” It remains to be seen whether John Mark Pierce and any of his partners end up behind bars, but one thing is clear: Marc Mukasey, like a slew of Pierce Bainbridge attorneys before him, has had enough of the John Pierce and the Pierce Bainbridge shambles.

The Roster of Recent Pierce Bainbridge Defectors

FORMER PB PARTNER NEW FIRM Eric Creizman Armstrong Teasedale Caroline Polisi (formerly Creizman LLC) Deborah Renner Renner Law Jeffrey Alexander Wachtell Missry Jeffrey Newton Kobre Kim Joan Meyer Thompson Hine Melissa Madrigal Armstrong Teasedale Michael Winograd Brown Rudnick Susan Winkler Winkler Law Theodore “Ted” Folkman (formerly Murphy King) Thomas Frongillo (formerly Fish & Richardson) Yavar Bathaee (formerly Sullivan & Cromwell) Michael Pomerantz (formerly of Grais & Ellsworth) FORMER COUNSEL NEW FIRM Kristin “Krissie” Darr (formerly Linklaters) Julie Capehart BraughnHagey & Borden Matthew Rand (formerly McKool Smith) FORMER PB ASSOCIATE NEW FIRM Aaron Gold Orrick, Herrington & Sutcliffe Abbye Ognibene Hagens Berman Sobol Shapiro Barron Flood Herbert, Smith & Freehills Cassie Black (formerly Sullivan & Cromwell) Clairborne Hane Kasowitz Benson Elizabeth DeGori Kirkland & Ellis Matthew Kokot (N/A) Minoti Patel Grant & Eisenhofer Stephen Farrelly Browne George Ross W. Tyler Perry Reid Collins & Tsai

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