Thanks very much. It appears that the Plaintiffs' Council - KING & SPALDING - is agreeing there is a conflict of interest and refused to litigate against JPMC.
" (v) Before filing an objection to the Disclosure Statement in March
2010, Nantahala retained Schindler, Cohen and Hochman (“SCH”), one of the class counsel
herein, to analyze the Amended Agreements, including the rights of LTW holders thereunder.
SCH brought in King & Spalding (“K&S”) to analyze the bankruptcy proceedings and the
claims that could be asserted against the Debtors. K&S told SCH and Nantahala that it would not
be part of any litigation against JPMC, and it was agreed that if any claims needed to be brought
against JPMC, SCH would be the one to do so. Nantahala considered various options presented
by SCH and it was decided to bring claims against the Debtors in the Bankruptcy Court. The
opposition to the Debtors’ sixth plan, and the participation in the Broadbill declaratory judgment
emanated from that decision by Nantahala. The evolution of the Broadbill declaratory judgment
to a class action did not change the essence of the proceeding which was limited to establishing
in this Court the claims that the LTW holders had against the Debtors. "
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