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Re: fsshon post# 205895

Thursday, 06/03/2010 2:02:55 PM

Thursday, June 03, 2010 2:02:55 PM

Post# of 736049
Fish -- If JMW believes what yuo say to be true, that Debtor and EC's are now advesaries, then coould possibly this document have some value? It's in regards to Wachtell work-product that was mentioned today.

http://www.litigationandtrial.com/2009/04/articles/litigation/news/three-ways-to-lose-your-business-lawsuit-wachtell-and-the-failed-hexion-huntsman-merger/

Dual role can cause loss of work-product.

From article:

The blurry line between Duff's consulting and opinion work would later come back to haunt Wachtell in Delaware. Vice-Chancellor Lamb ultimately concluded that Duff's consulting assignment cast doubt on the objectivity of its solvency opinion. Moreover, the dual role destroyed any potential work-product privilege claim over the Hexion team's communications with both the Duff litigation consultants and solvency experts. Duff had to provide comprehensive discovery to Huntsman, which was a huge gift to Huntsman's Vinson & Elkins litigators.

I would say that Weil, etc could be acused of dual role -- helping debtors (but not trying to maximize assets for EC and others) as well as getting JPM FDIC off hook.

What it takes to legally make that happen, I have no clue, but food for thought.


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