I don't know.
Brown has a much more compelling argument this time. Hopefully he'll make a better showing. He got slapped around during his last appearance. If he holds his ground, she's gonna have a tough time getting around this one. We're pretty sure JPM as well as other parties were in chambers when the document was discussed and sealed. So there is NO priviledge.
Her only defense on that ground is if the only parties in chambers were the EC and WMI council. And I believe Ilene could clarify (if she recalls) that was not the case. Heck, tomorrow, Mr. Brown might want to state as a matter of record that there are witnesses sitting in the courtroom that saw people enter chambers that day who were not parties to priviledge.
Just sayin'
Beth
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