Guo Wengui / Miles Guo — bankruptcy case, EXHIBIT, CTB 22-50073, ECF document 1061-1, 2022-11-02 — full text | United States v. Ho Wan Kwok

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)

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Debtor. __________________________________________: :

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REVISED PRIVILEGE LOG DOCUMENTS OF VERDOLINO & LOWEY AND BROWN RUDNICK

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Bates Date Custodia Type of Parties Subject Claimed Personal Harm

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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

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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).

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"UK Action"). The

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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

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Privilege Order, at sec.

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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

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UK Action. Case 22-50073 Doc 1061-1 Filed 11/02/22 Entered 11/02/22 16:17:29 Page 4 of 12

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BR_ 10/19/21 Brown Agreement Golden Spring Litigation Attorney-Work The withheld document

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KWOK Rudnick (New York) Funding Product; relates to the UK 00020991 Ltd., Kwok Ho Common Interest Action. The

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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

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Privilege Order, at sec.

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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

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UK Action. BR_ 3/9/22 Brown Email Melissa Francis, Advice Attorney-Client. The withheld document

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KWOK　Rudnick　Thread　Esq.,

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Jennifer regarding relates to advice from 00028970 Morrisey, litigation counsel representing the Damon Parker, fees and Debtor in UK Action

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Edward　the　and the impact that the Argles,2　potential　production of a

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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.

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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

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Action.

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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

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Privilege Order, at sec.

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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

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Debtor's rights to

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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

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Privilege Order, at sec.

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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

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Case 22-50073 Doc 1061-1 Filed 11/02/22 Entered 11/02/22 16:17:29 Page 7 of

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same document in the UK Action, whether under UK law or Swiss

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law.

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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

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case. Attorney-Client. The withheld document

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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

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Action.

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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

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Privilege Order, at sec.

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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

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Case 22-50073 Doc 1061-1 Filed 11/02/22 Entered 11/02/22 16:17:29 Page 8 of

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or disclosure of the

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same document in the

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UK Action. BR_ 3/17/22 Brown Email Melissa Francis, Comments Attorney-Client. The withheld document

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KWOK　Rudnick　Thread　Esq.,

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Jennifer from the relates to advice from 00023917 Morrisey, Debtor's counsel representing the Edward Argles, UK Action Debtor in UK Action

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Bennett　counsel　regarding disclosures to

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Silverberg, regarding be made by the Debtor

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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

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filings. Privilege Order, at sec.

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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

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UK Action. Case 22-50073 Doc 1061-1 Filed 11/02/22 Entered 11/02/22 16:17:29 Page 9 of

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BR_ 3/17/22 Brown Email Melissa Francis, Comments Attorney-Client. The withheld document

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KWOK　Rudnick　Thread　Esq.,

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Jennifer from the relates to advice from 00023528 Morrisey, Debtor's counsel representing the Edward Argles, UK Action Debtor in UK Action

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Bennett　counsel　regarding disclosures to

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Silverberg, regarding be made by the Debtor

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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

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filings. Privilege Order, at sec.

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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

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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

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Edward Argles,　UK Action

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Bennett　counsel

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Debtor in UK Action

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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

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Privilege Order, at sec.

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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

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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

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Privilege Order, at sec.

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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

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UK Action.

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BR_ KWOK 00021713　3/17/22　Brown Rudnick　Attachment to email　Jennifer Morrisey, Edward Argles,　Comments from the Debtor's UK Action counsel

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regarding Attorney-Client The withheld document

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relates to advice from counsel representing the Debtor in UK Action regarding disclosures to be made by the Debtor

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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

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Privilege Order, at sec.

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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

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UK Action.

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BR_ KWOK 00011133　5/10/22　Brown

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Rudnick Email William R.

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Baldaga, Esq., Melissa Francis, Esq., Bennett Silverberg, Esq., Jeffrey Jonas, Esq., taxelrod@ brownrudnick.c　Advice concerning effect of dismissal of bankruptcy case on future

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bankruptcy Attorney-Client The privileged advice in

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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

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Case 22-50073 Doc 1061-1 Filed 11/02/22 Entered 11/02/22 16:17:29 Page 12 of 12

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om (BCC), filings. on the basis of attorney

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kaulet@brownr (requires client privilege. udnick.com redaction).

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(BCC)

Guo Wengui / Miles Guo — bankruptcy case · EXHIBIT · ECF #1061-1

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