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IN RE DREIER LLP

Bankruptcy No. 08-15051 (SMB). Adversary No. 10-3642 (SMB).

450 B.R. 452 (2011)

In re DREIER LLP, Debtor. In re Paul Gardi and Alex Interactive Media, LLC, Plaintiffs, v. Jana Partners LLC and Sheila M. Gowan, Chapter 11 Trustee of the Estate of Dreier LLP, Defendants.

United States Bankruptcy Court, S.D. New York.

May 23, 2011.

Attorney(s) appearing for the Case

Alston & Bird LLP, New York, NY, Craig Carpenito, Esq. , Alexander S. Lorenzo, Esq. , Of Counsel, Alston & Bird LLP, Atlanta, GA, John E. Stephenson, Jr., Esq. , Of Counsel, Attorneys for Plaintiffs.

Schulte Roth & Zabel LLP, New York, NY, Michael E. Swartz, Esq. , Nicole Z. Davidson, Esq. , Of Counsel, Attorneys for Defendant JANA Partners LLC.

Diamond McCarthy LLP, New York, NY, Howard D. Ressler, Esq. , Stephen T. Loden, Esq. , Amos Elberg, Esq. , Of Counsel, Attorneys for Defendant Sheila M. Gowan.

MEMORANDUM DECISION AND ORDER GRANTING MOTION FOR SUMMARY JUDGMENT

STUART M. BERNSTEIN, Bankruptcy Judge.

This case presents the question whether a client is bound when his attorney forges the client's signature to a settlement he never authorized. The plaintiffs, Paul Gardi and Alix Interactive Media, Inc. ("AIM", and together with Gardi, the "Gardi Parties" or the "plaintiffs"), the victims of the forgery perpetrated by their attorney Marc Dreier, seek...

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