Here is an exerpt from the Wall Street Journal law blog on two legal malpractice cases, one involving Nixon Peabody and one involving Wilmer Hale.

"Ah, clients. Can’t live with ‘em, can’t live without ‘em.

Judging from a couple stories out today, executives from a couple of law firms might have found themselves muttering the above statement in recent days. For starters, the Recorder dug up an interesting lawsuit raging between security-software maker McAfee and its former law firm, WilmerHale. The company is disputing $12 million in legal fees incurred in the trial of former McAfee Chief Financial Officer Prabhat Goyal. Along the way, McAfee is accusing the firm of fraud, theft, negligence and breach of fiduciary duty.

“[WilmerHale] intentionally overworked and churned the representation of Goyal; shamelessly employing over 100 WilmerHale timekeepers in the feeding frenzy,” McAfee alleged in a complaint filed in the Eastern District of Texas earlier this year. (Click here for a copy of the company’s third amended complaint.)

Goyal was charged with accounting fraud and convicted by a San Francisco jury in May 2007. In its latest motion to dismiss, filed Thursday, WilmerHale noted that the case required the production and review of 1.2 million documents.

Paul Yetter, the Houston lawyer representing WilmerHale in the fee dispute, said by e-mail Monday to the Recorder that “over 80 percent of the defense work was done by two lead WilmerHale partners and a handful of associates. The bulk of other timekeepers were needed for review of 1.2 million documents in the case.” Yetter also provided a statement from WilmerHale that said its fees “reflect legal services that were necessary and reasonable in a lengthy and complex matter encompassing five separate cases, particularly one in which Mr. Goyal’s very liberty is at stake. Indeed, the California judge commended the firm’s efforts as ‘extremely well-tried.’”

In other law-firm-client smackdown news, an appellate court in New Jersey ruled that an intimate apparel company can move ahead with its legal malpractice claim against Nixon Peabody and Wolff & Samson. Here’s the story from the NLJ.

The three-judge panel, in noting that their decision expressed no opinion about the merits of the case, determined that a prior settlement with other defendants in a related case did not block a lawsuit against the law firms.

The decision stems from a family feud over control of Van Mar, a women’s intimate apparel company. Members of the family eventually settled their differences. But the plaintiffs claimed that attorney Frank W. Ryan Jr., a partner at Nixon Peabody, and Paul M. Colwell, a partner at Wolff & Samson, breached their contract to provide legal services to Van Mar and helped defraud them out of their interest in the company.

Colwell did not respond to messages seeking comment. Nixon Peabody declined to comment "

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Andrew Lavoott Bluestone

Andrew Lavoott Bluestone has been an attorney for 40 years, with a career that spans criminal prosecution, civil litigation and appellate litigation. Mr. Bluestone became an Assistant District Attorney in Kings County in 1978, entered private practice in 1984 and in 1989 opened…

Andrew Lavoott Bluestone has been an attorney for 40 years, with a career that spans criminal prosecution, civil litigation and appellate litigation. Mr. Bluestone became an Assistant District Attorney in Kings County in 1978, entered private practice in 1984 and in 1989 opened his private law office and took his first legal malpractice case.

Since 1989, Bluestone has become a leader in the New York Plaintiff’s Legal Malpractice bar, handling a wide array of plaintiff’s legal malpractice cases arising from catastrophic personal injury, contracts, patents, commercial litigation, securities, matrimonial and custody issues, medical malpractice, insurance, product liability, real estate, landlord-tenant, foreclosures and has defended attorneys in a limited number of legal malpractice cases.

Bluestone also took an academic role in field, publishing the New York Attorney Malpractice Report from 2002-2004.  He started the “New York Attorney Malpractice Blog” in 2004, where he has published more than 4500 entries.

Mr. Bluestone has written 38 scholarly peer-reviewed articles concerning legal malpractice, many in the Outside Counsel column of the New York Law Journal. He has appeared as an Expert witness in multiple legal malpractice litigations.

Mr. Bluestone is an adjunct professor of law at St. John’s University College of Law, teaching Legal Malpractice.  Mr. Bluestone has argued legal malpractice cases in the Second Circuit, in the New York State Court of Appeals, each of the four New York Appellate Divisions, in all four of  the U.S. District Courts of New York and in Supreme Courts all over the state.  He has also been admitted pro haec vice in the states of Connecticut, New Jersey and Florida and was formally admitted to the US District Court of Connecticut and to its Bankruptcy Court all for legal malpractice matters. He has been retained by U.S. Trustees in legal malpractice cases from Bankruptcy Courts, and has represented municipalities, insurance companies, hedge funds, communications companies and international manufacturing firms. Mr. Bluestone regularly lectures in CLEs on legal malpractice.

Based upon his professional experience Bluestone was named a Diplomate and was Board Certified by the American Board of Professional Liability Attorneys in 2008 in Legal Malpractice. He remains Board Certified.  He was admitted to The Best Lawyers in America from 2012-2019.  He has been featured in Who’s Who in Law since 1993.

In the last years, Mr. Bluestone has been featured for two particularly noteworthy legal malpractice cases.  The first was a settlement of an $11.9 million dollar default legal malpractice case of Yeo v. Kasowitz, Benson, Torres & Friedman which was reported in the NYLJ on August 15, 2016. Most recently, Mr. Bluestone obtained a rare plaintiff’s verdict in a legal malpractice case on behalf of the City of White Plains v. Joseph Maria, reported in the NYLJ on February 14, 2017. It was the sole legal malpractice jury verdict in the State of New York for 2017.

Bluestone has been at the forefront of the development of legal malpractice principles and has contributed case law decisions, writing and lecturing which have been recognized by his peers.  He is regularly mentioned in academic writing, and his past cases are often cited in current legal malpractice decisions. He is recognized for his ample writings on Judiciary Law § 487, a 850 year old statute deriving from England which relates to attorney deceit.