EXHIBIT
A
Case 22-50073 Doc 1061-1 Filed 11/02/22 Entered 11/02/22 16:17:29 Page 2 of 12 UNITED STATES BANKRUPTCY COURT DISTRICT OF CONNECTICUT BRIDGEPORT DIVISION
In re : :
Chapter 11
HO WON KWOK, : :
Case No. 22-50073 (JAM)
Debtor. __________________________________________: :
REVISED PRIVILEGE LOG DOCUMENTS OF VERDOLINO & LOWEY AND BROWN RUDNICK
Bates Date Custodia Type of Parties Subject Claimed Personal Harm
n Document Privilege
None 10/19/21 Verdolino
& Lowey Agreement Golden Spring
(New York)
Ltd., Kwok Ho
Wan, Ace
Decade
Holdings
Limited and
Dawn State Litigation
Funding Attorney-Work
Product.1 The withheld document
relates to an action
pending in the United
Kingdom styled Kwok
Ho Wan v. UBS AG,
Claim No. CL-2020-
000345 (High Court of
Justice Business and
Limited Property Courts of
England and
Wales
Commercial Court)
(the
1 See Cont'l Circuits LLC v. Intel Corp, 435 F. Supp. 3d 1014, 1021 (D. AZ 2020) (concluding that litigation funding agreements were prepared because of litigation and therefore constitute attorney work product). See also Lambeth Magnetic Structures, LLC v. Seagate Tech (US) Holdings, Inc., 2017 U.S. Dist. LEXIS 215773, \*16-\*17 (W.D. Pa, Jan. 18, 2018) (holding that communications with litigation funders and funding agreement are work product and denying motion to compel the production of same).
"UK Action"). The
Bankruptcy Court's
September 14, 2022,
Consent Order
Regarding Control of
Attorney-Client
Privilege and Work
Product Protection
Related to Rule 2004
Subpoenaed
Documents
and Information (the
"Privilege Order")
specifically recognizes
that the Debtor may
have privileges under
the laws of the United
Kingdom that could be
asserted
by the Debtor
in the UK Action. See
Privilege Order, at sec.
9. The Debtor has thus
withheld
this document
from
production for the
express purpose of
ensuring that he is
preserving, and not
waiving, any privilege
that he may have
to
assert against production
or disclosure
of the
same document in the
UK Action. Case 22-50073 Doc 1061-1 Filed 11/02/22 Entered 11/02/22 16:17:29 Page 4 of 12
BR_ 10/19/21 Brown Agreement Golden Spring Litigation Attorney-Work The withheld document
KWOK Rudnick (New York) Funding Product; relates to the UK 00020991 Ltd., Kwok Ho Common Interest Action. The
Privilege
Wan, Ace Order
specifically
Decade recognizes that the
Holdings Debtor may have
Limited and privileges under the
Dawn State laws of the United
Limited Kingdom that could be
asserted
by the Debtor
in the UK Action. See
Privilege Order, at sec.
9. The Debtor has thus
withheld
this document
from
production for the
express purpose of
ensuring that he is
preserving, and not
waiving, any privilege
that he may have
to
assert against production
or disclosure
of the
same document in the
UK Action. BR_ 3/9/22 Brown Email Melissa Francis, Advice Attorney-Client. The withheld document
KWOK Rudnick Thread Esq.,
Jennifer regarding relates to advice from 00028970 Morrisey, litigation counsel representing the Damon Parker, fees and Debtor in UK Action
Edward the and the impact
that the
Argles,2 potential production of a
2 Ms. Morrisey, Mr. Parker and Mr. Argles are, or were at the time of the email, professionals employed by Harcus Parker Limited, the Debtor's UK counsel in the UK Action.
Bennett
Silverberg,
Esq., Aaron
Mitchell,
Esq.,
and Robert
Stark, Esq. harm to the
Debtor in
the UK
Action of
the
production
of the UBS
litigation
funding
agreement
in response
to
discovery
requests
made to the
Debtor in
his
Bankruptcy
case. document in the
Debtor's Bankruptcy
case could have on the
Debtor in the UK
Action.
The
Privilege
Order
specifically
recognizes that the
Debtor may have
privileges under the
laws of the United
Kingdom that could be
asserted
by the Debtor
in the UK Action. See
Privilege Order, at sec.
9. The Debtor has thus
withheld
this document
from
production for the
express purpose of
ensuring that he is
preserving, and not
waiving, any privilege
that he may have
to
assert against production
or disclosure of the
same document in the
UK Action.
BR_
KWOK
00028562;
22535 3/3/22 Brown
Rudnick Invoice Lalive SA –
Debtor's Swiss
counsel in
connection with
UBS action. Invoice Attorney-Client
(privilege may be
governed by
Swiss law) The withheld document
is an invoice from
counsel representing the
Debtor in an action
pending in Switzerland
which action was filed
solely to preserve the
Debtor's rights to
pursue UBS in
Switzerland in the event
that a motion filed in the
UK
Action to move the
case from the UK to
Switzerland was
granted, it was not. The
case filed in
Switzerland,
and to
which the invoice
relates, is effectively the
same case as the UK
Action. The
Privilege
Order
specifically
recognizes that the
Debtor may have
privileges under the
laws of the United
Kingdom that could be
asserted
by the Debtor
in the UK Action. See
Privilege Order, at sec.
9. The Debtor has thus
withheld
this document
from
production for the
express purpose of
ensuring that he is
preserving, and not
waiving, any privilege
that he may have
to
assert against production
or disclosure
of the
Case 22-50073 Doc 1061-1 Filed 11/02/22 Entered 11/02/22 16:17:29 Page 7 of
same document in the
UK Action, whether
under UK law or Swiss
law.
BR_
KWOK
00027065 3/9/22 Brown
Rudnick Email
Thread Melissa Francis,
Esq.,
Jennifer
Morrisey,
Damon Parker,
Edward Argles,
Bennett
Silverberg,
Esq., Aaron
Mitchell, Esq.,
and Robert
Stark, Esq. Advice
regarding
litigation
fees and
the
potential
harm to the
Debtor in
the UK
Action of
the
production
of the UBS
litigation
funding
agreement
in response
to
discovery
requests
made to the
Debtor in
his
Bankruptcy
case. Attorney-Client. The withheld document
relates to advice from
counsel representing the
Debtor in UK Action
and the impact
that the
production of a
document in the
Debtor's Bankruptcy
case could have on the
Debtor in the UK
Action.
The
Privilege
Order
specifically
recognizes that the
Debtor may have
privileges under the
laws of the United
Kingdom that could be
asserted
by the Debtor
in the UK Action. See
Privilege Order, at sec.
9. The Debtor has thus
withheld
this document
from
production for the
express purpose of
ensuring that he is
preserving, and not
waiving, any privilege
that he may have
to
assert against production
Case 22-50073 Doc 1061-1 Filed 11/02/22 Entered 11/02/22 16:17:29 Page 8 of
or disclosure of the
same document in the
UK Action. BR_ 3/17/22 Brown Email Melissa Francis, Comments Attorney-Client. The withheld document
KWOK Rudnick Thread Esq.,
Jennifer from the relates to advice from 00023917 Morrisey, Debtor's counsel representing the Edward Argles, UK Action Debtor in UK Action
Bennett counsel regarding disclosures
to
Silverberg, regarding be made by the Debtor
Esq., the in his Bankruptcy Court
description filings related to the
UK
of the UK Action. The
Privilege
Action to Order
specifically
be utilized recognizes that the
in the Debtor may have
Debtor's privileges under the
affidavit laws of the United
and other Kingdom that could be
Bankruptcy asserted
by the Debtor
Court in the UK Action. See
filings. Privilege Order, at sec.
9. The Debtor has thus
withheld
this document
from
production for the
express purpose of
ensuring that he is
preserving, and not
waiving, any privilege
that he may have
to
assert against production
or disclosure of the
same document in the
UK Action. Case 22-50073 Doc 1061-1 Filed 11/02/22 Entered 11/02/22 16:17:29 Page 9 of
BR_ 3/17/22 Brown Email Melissa Francis, Comments Attorney-Client. The withheld document
KWOK Rudnick Thread Esq.,
Jennifer from the relates to advice from 00023528 Morrisey, Debtor's counsel representing the Edward Argles, UK Action Debtor in UK Action
Bennett counsel regarding disclosures
to
Silverberg, regarding be made by the Debtor
Esq., the in his Bankruptcy Court
description filings related to the
UK
of the UK Action. The
Privilege
Action to Order
specifically
be utilized recognizes that the
in the Debtor may have
Debtor's privileges under the
affidavit laws of the United
and other Kingdom that could be
Bankruptcy asserted
by the Debtor
Court in the UK Action. See
filings. Privilege Order, at sec.
9. The Debtor has thus
withheld
this document
from
production for the
express purpose of
ensuring that he is
preserving, and not
waiving, any privilege
that he may have
to
assert against production
or disclosure of the
same document in the
UK Action. BR_ 3/17/22 Brown Email Melissa Francis, Comments Attorney-Client. The withheld document KWOK Rudnick Thread Esq., Jennifer from the relates to advice from 00021709 Morrisey, Debtor's counsel representing the
Edward Argles, UK Action
Bennett counsel
Debtor in UK Action
regarding disclosures
to
be made by the Debtor
in his Bankruptcy Court
filings related to the
UK
Action. The
Privilege
Order
specifically
recognizes that the
Debtor may have
privileges under the
laws of the United
Kingdom that could be
asserted
by the Debtor
in the UK Action. See
Privilege Order, at sec.
9. The Debtor has thus
withheld
this document
from
production for the
express purpose of
ensuring that he is
preserving, and not
waiving, any privilege
that he may have
to
Silverberg,
Esq., regarding
the
description
of the UK
Action to
be utilized
in the
Debtor's
affidavit
and other
Bankruptcy
Court
filings. be made by the Debtor
in his Bankruptcy Court
filings related to the
UK
Action. The
Privilege
Order
specifically
recognizes that the
Debtor may have
privileges under the
laws of the United
Kingdom that could be
asserted
by the Debtor
in the UK Action. See
Privilege Order, at sec.
9. The Debtor has thus
withheld
this document
from
production for the
express purpose of
ensuring that he is
preserving, and not
waiving, any privilege
that he may have
to
assert against production
or disclosure of the
same document in the
UK Action.
BR_
KWOK
00021713 3/17/22 Brown
Rudnick Attachment
to email Jennifer
Morrisey,
Edward Argles, Comments
from the
Debtor's
UK Action
counsel
regarding Attorney-Client The withheld document
relates to advice from
counsel representing the
Debtor in UK Action
regarding disclosures
to
be made by the Debtor
the
description
of the UK
Action to
be utilized
in the
Debtor's
affidavit
and other
Bankruptcy
Court
filings. in his Bankruptcy Court
filings related to the
UK
Action. The
Privilege
Order
specifically
recognizes that the
Debtor may have
privileges under the
laws of the United
Kingdom that could be
asserted
by the Debtor
in the UK Action. See
Privilege Order, at sec.
9. The Debtor has thus
withheld
this document
from
production for the
express purpose of
ensuring that he is
preserving, and not
waiving, any privilege
that he may have
to
assert against production
or disclosure of the
same document in the
UK Action.
BR_
KWOK
00011133 5/10/22 Brown
Rudnick Email William R.
Baldaga, Esq.,
Melissa Francis,
Esq., Bennett
Silverberg,
Esq.,
Jeffrey
Jonas, Esq.,
taxelrod@
brownrudnick.c Advice
concerning
effect
of
dismissal
of
bankruptcy
case on
future
bankruptcy Attorney-Client The privileged advice in
the redacted portion
of
the email does not relate
to Investigation
Topics
as that term is defined in
the Privilege Order and
no showing of personal
harm is required to
withhold the document
Case 22-50073 Doc 1061-1 Filed 11/02/22 Entered 11/02/22 16:17:29 Page 12 of 12
om (BCC), filings. on the basis of attorney
kaulet@brownr (requires client privilege. udnick.com redaction).
(BCC)