Equity: Ninth Circuit Certifies Accounting/Clawback Issues Between Law Partners On Post-Departure Legal Matters Taken By Departing Partner

Three Questions Are Certified To The D.C. Court Of Appeals.

            In our July 30, 2016 and September 15, 2016 posts, we informed our readers that the Ninth Circuit had certified certain accounting/clawback issues relating to what happens to post-depature legal work continued by departing partners after a law firm has dissolved, issues occurring in Heller Ehrman LLP v. Davis Wright Tremaine LLP.  These concerns were certified to the California Supreme Court, which agreed to consider them in Case No. S236208.  (We can report that oral argument occurred on December 7, 2017.)

            Now, the Ninth Circuit has certified similar questions to the D.C. Court of Appeals, but wanting guidance on what happens under D.C. law.  That just happened in Diamond v. Hogan Lovells US LLP, Case Nos. 15-16326 et al. (9^th Cir. Feb. 27, 2018) (published).