2nd Circ. Sends Thelen, Seyfarth Clawback Suit To NY Court

Law360, New York (November 15, 2013, 5:39 PM ET) -- The Second Circuit on Friday declined to rule on a bid by Thelen LLP's liquidating trustee to overturn a decision finding that he cannot recover fees earned by ex-partners from cases they brought to Seyfarth Shaw LLP when Thelen dissolved, saying a New York state court must first consider the issue.

The three-judge panel said it could not make a definitive decision without guidance from the New York Court of Appeals, which has not ruled on whether defunct law firms are entitled under the “unfinished business...
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