Michael S. Hino, a partner with Pepper Hamilton’s Litigation and Dispute Resolution Department, was quoted in the August 31, 2016 Law360 article, "Spurned Partners Want $370M Philly Hotel Spat Revived."
Michael Hino, an attorney with Pepper Hamilton LLP representing Lenfest, said that Lamm had been intimately involved in both parts of the litigation and that he could have chosen to file suit at any point.
“The thing that destroys their claim is that Davin Lamm was the plaintiff in the first case, and Davin Lamm was the receiver in the second case,” he said. “So he knew everything. He can’t, when he becomes the receiver, take a hat off and take all the knowledge out that he had.”
But Green countered that it would have been highly improper for a second lawsuit to have started while the liquidating trustee in the case before Judge Bernstein was still investigating the transaction.
“It would have been beyond obduracy to start a second action, a derivative action, when Judge Bernstein already had somebody doing what he asked them to do, which is to collect this information and start suit,” he said.