Kyle Rittenhouse, #Fightback Foundation Inc. & The Pierce Bainbridge Law Firm

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The media was abuzz this week about #Fightback Foundation Inc. which has been reported as a “collecting donations for Kyle Rittenhouse’s defense.” The involvement of a lawyer named John M. Pierce, founder of Pierce Bainbridge Beck Price & Hecht LLP, raises questions. While Pierce Bainbridge was hired by Rudy Giuliani, Tulsi Gabbard, Carter Page and more, firm founder Pierce has massive personal debt, his firm owes tens of millions of dollars, is a defendant in a slew of lawsuits; vendors claim to have been stiffed, and a few months ago Pierce copped to a rehab stay for “substance abuse and other addictive behaviors.” While there is no question that Kyle Rittenhouse should be able to receive donations for a defense, the question is: does the involvement of John M. Pierce and Pierce Bainbridge raise red flags?

#Fightback Funds, Pierce Bainbridge & Affiliated Law Firms

The Fightback webpage says donations may be used for causes other than just Rittenhouse and includes what appears to be a broad scope of potential permitted use.

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Excerpt from the “news” tab on the fightback.law webpage 

The “affiliated” law firms, among other items, is noteworthy.

The Pierce Bainbridge Massive Debt & Spin-Off Firms

Pierce Bainbridge has debt in the tens of millions of dollars; Law360 has reported that a litigation funder named Virage Capital Management has chased former partners for some of the “estimated $65 million debt” Virage Capital is owed. The funder has said Pierce Bainbridge defaulted on the Virage debt.

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Excerpt from: “Pierce Bainbridge Funder Targets Ex-Partners In Debt Chase,” Law 360, April 22, 2020, by Ryan Boysen

In March 2020, the firm began splintering. Spin-off firms were started by ex-Pierce Bainbridge partners, including Hecht Partners LLPWarren Terzian LLP and Bradford Edwards & Varlack LLP; while others, Jonathan A. Sorkowitz and, per an ex-firm partner, Michael Pomerantz, have started solo firms. (Other long-time partners have moved on to already established firms BraunHagey & BordenGoldstein & McClintock and Withers Worldwide / Withers Bergman.

Consider whether these spin-off firms would fall within “affiliated” law firms; presumably, Pierce Bainbridge itself would qualify.

Financial Self-Dealing

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Google Search Photo with excerpt from: “Pierce Bainbridge Leader John Pierce Is On Leave Amid Financing Questions,” The American Lawyer on Law.Com, March 10, 2020, by Jack Newsham

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Excerpt from: “Pierce Bainbridge Founder Admits Missteps, Vows Comeback,” Law360, May 5, 2020, by Ryan Boysen

Marc Mukasey Quits on Pierce Bainbridge

Marc Mukasey is the son of Michael Mukasey who was appointed Attorney General under Ronald Reagan. Yahoo has referred to Mukasey as the “lawyer at the center of the Trump universe;” however, in an article about his firm has Mukasey, Frenchman & Sklaroff LLP, Mukasey clarified: “We’re a Trial Law Firm, Not a Republican Law Firm.” The long-time Giuliani-ally, represented Pierce Bainbridge from June 2019 through March 2020; Mukasey quit citing “rules that suggested legal or ethical risk” with continued representation.

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Google Search Photo excerpt from “Funder Sues Pierce Bainbridge as Marc Mukasey Drops Firm,” The American Lawyer on Law.com, March 13, 2020, by Jack NewshamThe Lawsuits

Pierce Bainbridge Beck Price & Hecht LLP, John Mark Pierce Enterprises, Pierce Bainbridge P.C. and/or John M. Pierce have been sued at least eight (8) times in 2020 alone.• Lawsuit #1: March 9, 2020. A Philadelphia lawyer sues Pierce Bainbridge, Pierce and his former fellow name-partners. (Jim Bainbridge (Bainbridge APC Law), Carolynn K. Beck (Goldstein & McClintock LLLP), Max Price (Hecht Partners) & David Hecht (Hecht Partners)
• Lawsuit #2: March 12, 2020. A cash advance lender named West Coast Business Capital LLC sues Pierce Bainbridge et. al. (This action seems resolved.)
• Lawsuit #3: March 17, 2020. A cash advance lender named Slate Advance LLC sues Pierce Bainbridge et. al.
• Lawsuit #4: April 24, 2020. A cash advance lender named Creative Capital Funding LLC sues Pierce Bainbridge et. al. (The suit was dismissed for filing in the wrong jurisdiction/state; it can be re-filed.)
• Lawsuit #5: May 27, 2020. A cash advance lender named Karish Kapital files a $4 million “confession of judgement” against Pierce Bainbridge et. al. The filing suggests that Pierce absconded with $2.5 million received from the lender in February 2020; the February agreement called for daily re-payments by Pierce Bainbridge, none were made.
• Lawsuit #6: July 1, 2020. A homeowner in Los Angeles sues Pierce and his client for failure to pay rent on a home in California. Pierce and/or the firm had paid for the client to live in a $1.3 million home for two years. An ethics expert in Law360, questioned the arrangement.

 

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The quote above is from Trisha Rich, an attorney at Holland & Knight LLP who co-chairs the firm’s legal profession team and sits on the New York City Bar Association’s Professional Ethics Committee. The comment appears in “Pierce Bainbridge Founder Paid For Client’s Lease, Suit Says,” Law 360, July 22, 2020, by Ryan Boysen. Pierce claimed his relationship with the client does not violate any ethics rules.
  • Lawsuit #7: August 19, 2020. A vendor named Transperfect Legal Solutions sues Pierce Bainbridge for allegedly welching on $135,000 compiled from multiple invoices since November 2018.
  • Lawsuit #8: August 19, 2020. A vendor in Arkansas sues Pierce Bainbridge P.C. for allegedly welching on an approximate $9,000 payment obligation since February 2020.

This past week the plaintiff in the residential lease case requested a default judgment be entered against Pierce.

The Pierce Personal Finances

In November 2019, Pierce submitted an Income & Expense Declaration related to a Los Angeles proceeding: Superior Court of the State of California County of Los Angeles, Central District. Case No. BD 639 740. The Pierce filing paints a macabre personal financial picture; it says:

  • Pierce owed over $1 million in taxes.
  • Pierce owed his former spouse’s mother $27,000.
  • Pierce owed Citibank $90,000.
  • Pierce had no investment income.
  • Pierce’s assets and cash deposit accounts contained $10,750.
  • Pierce fair market value of real estate and personal property was negative.
  • Pierce’s monthly expenses were $49,581

What Is Going on Here?

As another interesting note, Kyle Rittenhouse is facing criminal charges, whereas John M. Pierce has focused his career on civil, not criminal, law. For the non-legal crowd, civil law and criminal law are completely different practice areas. The rules and strategies substantially diverge.

In conclusion, decide for yourselves what you believe is going on here with the #Fightback Foundation, John M. Pierce and Pierce Bainbridge.

It will be interesting to see how this plays out.

Whistleblower retaliated against by the Rudy Giuliani hired corrupt Pierce Bainbridge law firm. Harvard Law graduate. Sunlight needed. @DonLew87 on Twitter.

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