- 4 - Respondent argues that the documents are not protected by the work product doctrine because petitioner and the L.L.C. have failed to show that litigation was anticipated by Mr. Franco or Mr. Missry at the time they wrote the documents. Respondent also argues that, assuming that the documents were written in anticipation of litigation, he has substantial need for the documents and is unable to obtain the substantial equivalent by other means. Respondent claims his substantial need is to show the purpose, structure, parties, and fees for the transaction, all of which relate to respondent’s position that the transaction was entered into for purely tax avoidance purposes. Contrary to respondent’s position, petitioner and the participating partner have alleged that Sterling Trading Opportunities and Topaz Trading were formed for an investment purpose. Respondent bases his claim that there is no substantial equivalent for the documents on the following. He has deposed Mr. Hananel, who does not recall details about the information that was provided to Mr. Franco and Mr. Missry in September and October of 1999. Mr. Hananel did not recall attending meetings with Sentinel Advisors with respect to Mr. Franco. Respondent has spoken informally to Mr. Robinson, who could not provide details about the meetings. Respondent summarizes: “The lapse in time has caused memories to fade about the details discussed at these two meetings. There simply is no other way for the respondent to obtain the critical information contained in the contemporaneous notes of the meetings sought in the motion to compel.”Page: Previous 1 2 3 4 5 6 7 8 NextLast modified: March 27, 2008