Guo Wengui / Miles Guo — bankruptcy case · ORDER · ECF #1067

UNITED STATES BANKRUPTCY COURT DISTRICT OF CONNECTICUT BRIDGEPORT DIVISION

In re:

Debtor.

Pursuant to the Bankruptcy Court's October 13, 2022, Order Granting Motion for Entry of Order Authorizing Compliance with Rule 2004 Subpoenas and Enforcing Consent Order Regarding Control of Attorney-Client Privilege and Work Product Protection Related to Rule 2004 Subpoenaed Documents and Information [ECF 962] (the "Order"), the Debtor, Ho Wan Kwok, by and through his undersigned counsel, hereby gives notice that he is exercising his rights under the Order and Fed. R. Civ. P. 26(b)(5)(B), as incorporated into the Order, to clawback documents produced to the Trustee by Brown Rudnick as identified on the attached Clawback Log, Documents of Brown Rudnick.[1] Pursuant to Fed. R. Civ. P. 26(b)(5)(B) upon receipt of this written notice the Trustee "must promptly return, sequester, or destroy the specified information [on the Clawback Log] and any copies [he] has; must not use or disclose the information until the claim is resolved; [and] must take reasonable steps to retrieve the information if [he has] disclosed it before being notified; . . .".

1 The Debtor files his Debtor's Clawback Notice along with the attached Clawback Log to both provide notice to the Trustee of the Debtor's exercise of his clawback rights and in compliance with the Order's requirement that the Debtor file on the docket a log identifying clawed back documents within two (2) days of the Debtor providing the Trustee notice of clawback.

The Debtor gives further notice that he has provided the Trustee with a redacted copy of the document listed on the Clawback Log as Bates stamped BR\_KWOK 00035993 to replace the non-redacted copy that has been clawed back. [2]

Dated at Bridgeport, Connecticut this 3rd day of November, 2022.

/s/ James M. Moriarty James M. Moriarty (ct21876) 10 Middle Street, 15th Floor Bridgeport, Connecticut 06604 Telephone: (203) 368-4234 Facsimile: (203) 368-5467 Email: [jmoriarty@zeislaw.com]

2 The Debtor's counsel's review of documents produced to the Trustee by Brown Rudnick pursuant to the Order is ongoing. The Debtor reserves his right to clawback additional documents should the ongoing review reveal additional documents that are subject to clawback in accordance with the terms of the Order.

I hereby certify that on this 3rd day of November, 2022, a copy of foregoing was filed electronically. Notice of this filing will be sent by e-mail to all parties by operation of the Court's electronic filing system or by mail to anyone unable to accept electronic filing as indicated on the Notice ofElectronic Filing. Parties may access this filing through the Court's CM/ECF System.

> /s/ James M. Moriarty James M. Moriarty UNITED STATES BANKRUPTCY COURT DISTRICT OF CONNECTICUT BRIDGEPORT DIVISION

__________________________________________:

00032126;

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).

Privilege Order, at sec.

UK Action.

BR_ 5/10/22 Brown Email William R. Advice Attorney-Client The privileged advice in

KWOK Rudnick Baldaga, Esq., concerning the redacted portion of 00035993 Melissa Francis, effect of the email does not relate Esq., Bennett dismissal to Investigation Topics Silverberg, of as that term is defined in Esq., Jeffrey bankruptcy the Privilege Order and Jonas, Esq., case on no showing of personal

brownrudnick.c bankruptcy withhold the document om (BCC), filings. on the basis of attorney kaulet@brownr (requires client privilege. udnick.com redaction).