Sterling Trading Opportunities, L.L.C., Sentinel Advisors, L.L.C., Tax Matters Partner - Page 2




                                        - 2 -                                         
          has, under seal and for in camera inspection, submitted to the              
          Court four documents (the documents), which are at the center of            
          the dispute, along with a memorandum in support of its and                  
          petitioner’s claim of work product protection for the documents.            
          The L.L.C. has also filed (and shared with respondent) a redacted           
          copy of that memorandum (the memorandum).  For the reasons                  
          stated, we shall grant the motion.                                          
                                     Background                                       
               The memorandum describes the documents as                              
               notes taken by Mr. Franco and his attorney, Morris                     
               Missry, Esq., at two meetings which took place in the                  
               latter part of 1999, between Mr. Franco and Mr. Missry,                
               on the one hand, and representatives of BDO and/or                     
               Sentinel on the other.  The first such meeting took                    
               place on or about September 22, 1999 and the second                    
               took place on or about October 28, 1999.                               
          With respect to the first meeting, the memorandum states:                   
               The purpose for having Mr. Missry accompany Mr. Franco                 
               was to allow him to advise Mr. Franco concerning the                   
               options transactions and to have him review the                        
               proposed strategy in the likely event that Mr. Franco                  
               was audited by virtue of potential losses declared as a                
               function of having invested in the options                             
               transactions.                                                          
                    The September 22, 1999 meeting was attended by Mr.                
               Franco, Mr. Missry, Eric Hananel and Randy Frischer of                 
               BDO, as well as representatives from Sentinel.  * * *                  
               The purpose of this meeting was to educate Mr. Missry                  
               about the options transactions and to introduce Mr.                    
               Franco and Mr. Missry to Sentinel.                                     
          With respect to the second meeting, the memorandum states:                  
                    The October 28, 1999 meeting was attended by Mr.                  
               Franco, Mr. Missry, Marvin Robinson, Esq. (a second                    
               attorney hired by Mr. Franco with respect to the                       
               options transaction) and Mr. Hananel.  * * *  As with                  
               the earlier meeting, Mr. Missry accompanied Mr. Franco                 
               to this meeting in order to advise Mr. Franco with                     
               respect to the investments themselves and with a view                  





Page:  Previous  1  2  3  4  5  6  7  8  Next 

Last modified: March 27, 2008