The case stems from allegations that Power Home Solar, Waller, and private equity backers Trivest Partners LP and TGIF Power Home Investor orchestrated a fraudulent scheme to sell overpriced solar energy systems to Michigan residents. The plaintiffs—represented by Aaron Hall, Katherine Glod, and Jeffrey Binder—filed a motion on Nov. 6 accusing DarrowEverett of multiple conflicts of interest and delaying discovery.
Plaintiffs’ Allegations
The plaintiffs allege that DarrowEverett attorneys, including firm chair Zachary Darrow, held roles as C-suite officers and legal counsel for the solar energy company, making them potential witnesses in the case. The motion also suggested Darrow could be an unnamed participant in the alleged RICO conspiracy.
Further, the plaintiffs argued that the firm’s fiduciary obligations to Power Home Solar’s bankruptcy trustee conflict with Waller’s interests in the suit.
Firm’s Defense Against Claims
DarrowEverett countered that Power Home Solar is not a party to the suit and emphasized that no involved entity has objected to their role in the litigation. They argued that even if firm members were required to testify, disqualification would only apply to the individual lawyer, not the entire firm.