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COURTESY GALIHER FAMILY
Gary Galiher, 70, who died in November in a helicopter crash on Molokai, was a high-profile attorney known for handling asbestos cases.
The estate of prominent lawyer Gary O. Galiher is suing to block a new entity comprised of the late attorney’s employees and associates from taking the records and files of the Galiher law corporation.
A state judge has scheduled a temporary restraining order hearing for Aug. 4.
Galiher, 70, who died in November in a helicopter crash on Molokai, was a high-profile attorney known for handling asbestos cases.
He was the Galiher of Galiher DeRobertis Waxman, with attorneys Richard DeRobertis and Ilana Waxman.
According to a lawsuit filed in state court Wednesday, DeRobertis was an independent contractor of the Galiher law corporation, and Waxman was an employee.
Following Galiher’s death, his estate says it asked DeRobertis and Waxman whether they were interested in buying the shares of the law firm and, after both declined, agreed to sell to Peter Kraus — a prominent Dallas- based products liability attorney — through Waxman.
The estate says that instead of following through with a stock purchase agreement, Kraus said he was interested in acquiring only the Galiher law corporation’s assets, not its liabilities. According to the lawsuit, Kraus told the estate he was starting a new entity with Waxman and DeRobertis to hire the Galiher employees and take over all of Galiher’s clients.
According to state business records, Waxman registered DeRobertis &Waxman LLP on July 3. The new entity does not list Kraus as a partner.
In light of Kraus’ statements and the formation of DeRobertis &Waxman, the estate said it began dissolving the Galiher law corporation, but reminded the employees that the Galiher corporation still owns the client records and files. In response, the estate says Kraus sent the employees an email telling them that the records and files will be going to the new entity with DeRobertis and Waxman since they are the clients’ surviving lawyers.
The estate says the new entity also made arrangements to copy the records and files of the Galiher law corporation.
DeRobertis says he joined Galiher in 1983 and is an attorney of record on virtually every asbestos lawsuit that Galiher has filed. He calls the estate’s lawsuit “frivolous and a complete waste of money.”
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