You are a lawyer, you are tasked with a job. In order to find out privileged information, you have to sign a confidentiality agreement that bars you from discussing any of the privileged information outside the court. You are given access to the privileged info and find out the report you need to write is going to be incomplete and nothing but hearsay, without the use of the privileged information. You are employed by the court to write a report to the best of your abilities, so you say to the court. I know I have to keep this information secret and not using any attorney-client work product in my discussions and assumations. What can I use to write an accurate report, if "you the court" are barring me from using this information..I have an idea...
Can I produce a report for you [The Court]?
and one for the public? (who is not part of the privileged few)
Court says yes, you may and you may use your subpeona powers to do so. Examiner starts examining and finds that it is going to be impossible to write a real report if he can not use "ANY INFO" that is part of the privileged. Also Examiner finds that info he is getting from the questioning process mostly relates back to the privileged information, so he is stuck. He decides against using Subpeonas to force answers, because the documents (we are seeing) are more than enough evidence, so he just writes his report with interviews sneaks in little tidbits of info in each section, that we had an idea about, but were not able to prove until his report and now the "Top Secret" documents.
Examiner who is a stand-up guy, with an honorable record at Justice, knows what went down is bordering upon criminality and illegality, but he's stuck, he can not use any of it..Except for snip-its, so he decides that as part of his document database on his companies website, he would reveal a "road map" of documents and let the "dogs start hunting."
So I say "Start Hunting".
If he was barred from using confidential info in his report, then you can see how that report would turn out. Since he and all the other parties (except for TPS) signed the agreements, they are all barred from discussing this information in court (including our EC). However, TPS and shareholders did not sign these agreements, that means they can discuss these documents in court. It is exactly what TPS has been doing, it is not that Susman Gofrey is not a Great Firm, it is just they are barred from discussing any of the info in the privileged docs.
I am telling you guys, pick a document, right a letter to THJMW use doc as an exhibit, get it docketed and public. It just strengthens the Hoffman Team's case. Unseal the docs, we may already have them. She will eventually have to unseal those docs, she knows this. EC wanted to file an objection to confirmation under seal, now why do you think they would want to do that? It is because they wanted the court to see their road map using the confidential docs as a reference. If we get them unselaed, EC can reference them. Thank You Hochberg !!! White Knight ;-)
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