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Re: Retire2019 post# 295645

Thursday, 09/03/2020 10:30:22 PM

Thursday, September 03, 2020 10:30:22 PM

Post# of 428841
Absolutely, Retire. Obtaining full disclosure of all documents and information pertaining to pre-Du settlement negotiations would be a central claim and highly litigated issue in any potential shareholder derivative action, whether the action was for legal malpractice or breach of fiduciary duty.

I am not opining at this time what those documents and information would ultimately reveal, only that they would certainly be relevant and discoverable. Unfortunately, they would probably be obtained subject to a Protective Order governing Confidentiality, meaning that they could only be used within the context of the subject litigation, and not publicly disclosed.
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