Statement
4. The Court appointed the Examiner to investigate, inter alia, the events that
precipitated Lehman Brothers’ downfall and to report his findings. The Debtors have cooperated
fully with the Examiner’s investigation. Over the past several months, in response to hundreds
of pages of document requests, the Debtors have produced over 20 million pages of e-mails. In
addition, the Debtors have provided the Examiner with access to numerous other sources of data,
have made employees of the Estate available for interviews with the Examiner, and assisted in
arranging interviews with dozens of former Lehman employees. The Debtors have dedicated a
large number of attorneys, technology professionals, outside vendors, and other resources, in an
effort to produce documents and information to the Examiner in an expeditious manner.
US_ACTIVE:\43328677\04\43328677_4.DOC\58399.0003 3
5. In light of the importance of the subject matter of the Examiner’s
investigation to the Court, and the Debtors’ desire to cooperate with the Examiner’s
investigation, the Debtors support the Examiner’s request to unseal the Report.
6. The Examiner’s report should also be unsealed as a matter of public
policy. Under section 1106(b) of the Bankruptcy Code, the Examiner was required to submit to
the Court a statement regarding his investigation. 11 U.S.C. § 1106(b). The strong presumption
in favor of public access to such judicial documents, Lugosch v. Pyramid Co., 435 F.3d 110, 119
(2d Cir. 2006); In re FiberMark, Inc., 330 B.R. 480, 505 (Bankr. D. Vt. 2005), is codified in
§ 107 of the Bankruptcy Code and “helps safeguard the integrity . . . of our judicial system.”
FiberMark, Inc., 330 B.R. at 505 (citations and internal quotations omitted).
WHEREFORE, for the foregoing reasons, the Debtors support the request that
this Court enter an Order establishing procedures to unseal the Report, and granting the
Examiner such other and further relief as is just and proper.
Dated: March 8, 2010
New York, New York
