As a result of a story we published on April 4, 2011 (See Here), Zurich Financial Services and Farmers Group Inc. (represented by Dewey & Leboeuf and Skadden Arps, respectively), filed an Ex Parte motion with the Los Angeles Superior Court (Judge William Highberger Presiding) seeking to amend the settlement agreement.

From Declaration of Girardi & Keese's Thomas Girardi Dated September 30, 2011
LippSmith Dec Conflict 2

From Declaration of Girardi & Keese's Thomas Girardi Dated September 30, 2011
LippSmith Dec Conflcit 3

Below, parts of transcript of April 28, 2011 Ex-Parte hearing before Judge William Highberger:
Judge William Highberger Ex Parte Fogel

Judge William Highberger Ex Parte Fogel 3
Emphasis in original

Judge William Highberger Ex Parte 5 Fogel Raoul Kennedy Conflict
Irrespective of the manner in which the term is pronounced – e.g., "Ish-ew” (U.S.) or "Iss-you” (U.K.), Judge William Highberger identified the main issue -- the "supposed conflict" by Skadden Arps in agreeing to represent Thomas Girardi and Girardi & Keese in the matter of In Re Girardi (Ninth Circuit Case No.08-80090)(Emphasis added by TLR)

Per an objection submitted to the court: "Skadden Arps (like defendant Farmers) had a duty to inform this Court of the concurrent representation. Skadden Arps, wishing to collect fees from its clients Thomas Girardi and Girardi & Keese, as well as fees from its client Farmers Group, Inc., chose to remain silent. One can safely also entertain the thought that Skadden Arps (and, by extension, Farmers) took advantage of the matter to coerce Girardi & Keese to acquiesce to a less than desirable settlement in the Fogel matter than otherwise would have been reached."

End of Report.