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April 17, 2008

Heller's Tempestuous San Diego Office Loses 4

Four corporate and securities partners are leaving Heller Ehrman for DLA Piper in San Diego. The office has been plagued by instability — and defections — in recent years due to the addition in recent years of attorneys from Brobeck, Phleger & Harrison and the Venture Law Group.

Three of the departing attorneys — Michael Kagnoff, Jeffrey Thacker and Ross Burningham — were among a handful of former Brobeck partners considering leaving Heller’s San Diego office after clashing with a managing partner there, Cal Law reported last May.

Heller Managing Partner Rob Hubbell confirmed on Thursday that the trio, and Brobeck veteran Martin Nichols, had announced their exit. “These guys are leaving, but we have a strong practice in that office and we’re quite confident in that office,” he said.

A Heller San Diego veteran reached today was a little less upbeat about the office.* “If you look at the trajectory where the firm was [in San Diego] 2 1/2 years ago and where it would be now, and you compare that to where it is now, it’s just extremely unfortunate,” said Harry Rubin, a former co-chairman of Heller's IP transactions practice who left the San Diego office in March 2007. He is now a New York partner with Ropes & Gray handling complex technology transactions.

At least 13 attorneys, nearly all partners, have left the firm in 2008, including four sitting practice chairpersons and one former practice head.

The departing quartet joined the firm in 2003. Nichols was co-leader of the San Diego Corporate Group, according to the firm’s Web site. Like a lot of San Diego practices, the foursome have some cutting-edge areas on their resumes. Kagnoff represents emerging biotech, medical device and healthcare services companies. Burningham represents emerging technology companies. Thacker represents a range of companies on public offerings, private placements, venture capital, mergers and acquisitions and restructurings. And Nichols focuses his practice on emerging growth and established technology companies in the cleantech, software, telecommunications and medical device industries.

The partners could not be reached and a message left for the managing partner of DLA Piper’s San Diego office was not returned at the time of posting.

—  Niraj Chokshi

* Clarified Friday; Rubin had been speaking of the San Diego office, not Heller as a whole.

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