Mazur et al v. Refco, Inc. et al
| 1:2005cv08626 |
| October 11, 2005 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| Gerard E. Lynch |
| Securities/Commodities |
| 15 U.S.C. ยง 78 m(a) Securities Exchange Act |
| Plaintiff |
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Filing
652
OPINION REGARDING "ADVICE OF COUNSEL" DEFENSE AND ATTORNEY-CLIENT PRIVILEGE: Lead Plaintiffs in this Securities Class Action request a ruling regarding documents and testimony that the Underwriter Defendants have withheld from discovery on grounds of attorney client privilege as set forth in this Opinion; The Special Master will work with the parties to review privilege disputes on a case-by-case basis. This may of course include revisiting the "advice of counsel" question at a later date. I suggest that the distinction between "advice of counsel" and "relying on the investigation of counsel" should be adhered to as closely as possible in future discovery proceedings. (Signed by Daniel J. Capra, Special Master on 1/4/10) (ae)
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Filing
573
ORDER that defendant Collins's application is granted, and the Confidentiality Order is modified to permit the use of discovery materials designated confidential in Collins's upcoming criminal trial, on the same terms and subject to the same conditions as the Confidentiality Order provides for the use of such materials in the civil trial of this matter. (Signed by Judge Gerard E. Lynch on 4/3/09) (cd)
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Filing
564
OPINION AND ORDER For the reasons set forth in this order, the Second Amended Consolidated Class Action Complaint is dismissed in its entirety as to the Mayer Brown Defendants. As this rul ng disposes of all claims against Joseph P. Collins and Mayer Brown LLP and there is no just reason for delay, the Clerk is directed, pursuant to Fed. R. Civ. P. 54(b), to enter final judgment with respect to those defendants. (Signed by Judge Gerard E. Lynch on 3/17/09) (mme)
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