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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
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