Docket 2642 - LBHI e Valukas
Accordo fra Miller e Valukas, con richiesta di approvazione del giudice entro le 12 del 29/1 e tempo massimo per le obiezioni entro le 11.30 dello stesso giorno, sulle "Shared Information", le informazioni che verranno passate da LBHI all'Examiner.
Dall'accordo sembra che Miller si sia preoccupato di garantire che il passaggio di informazioni rispetti il segreto professionale:
"1. Documents and/or information that the Examiner may request from Lehman
may be subject to a privilege or other protection from discovery, including the attorney-client
privilege, the work-product doctrine or any other privilege, right, or immunity Lehman may be
entitled to claim or invoke (collectively, the “Shared Information”). This Stipulation does not
create any obligation or duty on behalf of Lehman to provide any Shared Information to the
Examiner and the provision of any Shared Information is voluntary. Except as expressly
provided herein, the Examiner may use the Shared Information in connection with the Examiner
Investigation.
2. By entering into this Stipulation or by any action or conduct pursuant to this
Stipulation, including, but not limited to, Lehman’s provision of Shared Information to the
Examiner, neither the Parties, nor their respective professionals, intend to, or shall, waive, in
whole or part, the attorney-client privilege, the work-product doctrine or any other privilege,
right, or immunity they may be entitled to claim or invoke with respect to any Shared
Information or otherwise. "
Infatti l'Examiner e i suoi collaboratori saranno obbligati a tenere riservate le informazioni di cui verranno a conoscenza; se dovessero ricevere richieste da terze parti, anche in caso di inchieste governative o processi, devono avvertire entro 3 giorni Lehman, che a sua volta avrà 5 giorni per obiettare.
Inoltre:
"5. If the Examiner desires to share Shared Information with any persons or
entities (including governmental units) not authorized to receive Shared Information pursuant to
this Stipulation (whether through any oral or written report by the Examiner, witness interview,
deposition, or examination under Federal Rule of Bankruptcy Procedure 2004), the Examiner
must either (i) obtain the advanced, written consent of Lehman or its counsel, or (ii) file an
application with the Bankruptcy Court, in camera, to request authorization to produce, share or
otherwise provide any of the Shared Information with a party not covered by this Stipulation.
Lehman shall have ten (10) business days to either consent to the disclosure of Shared
Information or oppose the Examiner’s application. "
"8. Any violation of the terms of this Stipulation by the Examiner shall
constitute sufficient cause for Lehman to immediately cease providing the Examiner any Shared
Information and demand the return of all Shared Information within five (5) business days.
Furthermore, any third-party who has received Shared Information from the Examiner other than
in compliance with this Stipulation, whether inadvertent or not, shall, upon learning that any
documents or materials are Shared Information, immediately return all Shared Information to
Lehman no later than two (2) calendar days from receipt of a request for the return of the Shared
Information by Lehman or the Examiner.
9. Nothing in this Stipulation is intended to expand or limit the rights,
responsibilities, and powers of Lehman and/or the Examiner. "
) per le leggi del Bankruptcy.
for advising Tronox Inc. in its bankruptcy, according to court papers filed Jan. 26. Chicago-based Sidley Austin LLP and New York’s Skadden, Arps, Slate, Meagher & Flom LLP also requested hourly rates exceeding $1,000 in the past two months in separate bankruptcy cases, as lenders’ recoveries are forecast by ratings company Moody’s Corp. to drop 22 percent in the recession. 
