Poor- I do not litigate claims of the nature that NWBO might bring. However, it seems to me very unlikely that AF Stat MMs or hedge funds would have the right to discovery of NWBO internal confidential documents even under a Protective Order.
The issues for journalists imo are what information did they have to support their unqualified published public statements. Those journalist statements are the basis of NWBO’s potential claims. You inquire about discovery of possible NWBO info that was not public. Not relevant imo
As to MMs the issues are what evidence can NWBO produce that tends to show
collusion between each other or maybe even journalists. NWBO business, JA, RA documents etc would neither provide a defense to collusion nor illuminate wrongdoing against it.
In addition, I doubt that NWBO information would expose them to potential claims. We may disagree with some strategies but ultimately the “business judgment” rule allows broad discretion. Any discovery granted to these prospective defendants would be under seal to the extent proprietary or confidential information is included and a court is going to give very great deference to NWBO characterizations.
So, the answer is, No