EFTA00015968.pdf

Type: pdf
Source set: data-set-8
Extracted text

From: ' 
To:'
Subject: FW: Protective Order 
Date: Fri, 17 Jul 2020 18:59:49 +0000 
Attachments: 2020.07.16_GM_protective_order for_discoveryiAJNU_Del_edits.docx; 
2020.07.16_GM_protective_order for_discoveryiAJNU_Del_edits.pdf 
Inline-Images: image001.jpg; image002.png; image005.jpg 
Happy to discuss a response to this if it would be useful. 
From: Christian Everdell 
Sent: Friday, July 17, 2020 12:11 AM 
To: 
Cc: Mark S. Cohen 
Subject: Protective Order 
and 
>; 
; Jeff Pagliuca c 
; 'Laura Menninger' 
Laura Menninger tried sending the below message to you earlier this evening on behalf of defense counsel, but it seems 
that it has not been delivered yet due to technical problems. I am forwarding it on to you myself. Please confirm receipt. 
Thanks, 
Chris 
Counsel: 
Attached please find our proposed Protective Order, with a redline and a clean copy. 
As a prefatory note, it is equally in our client's interest as much as in yours to have this matter tried before a jury of 
impartial peers. We have no desire to try this case in the press. Unfortunately, however, some of your prospective 
witnesses and their counsel have repeatedly and persistently violated Local Rule 23.1 and ethics standards pertaining to 
pretrial publicity. Defense witnesses should be afforded the same protections from harassment and intimidation as are 
government witnesses. Government witnesses should be on the same footing as both the Defendant and defense 
witnesses in terms of access to and use of discovery. 
Regarding public filings, because each document filed in this case redacted or under seal will be subject to a press request 
to unseal it, we need to ensure at the outset that we only mark things as confidential that the Court (and Second Circuit) 
will view as such when making an unsealing determination, so we included a definition of "Confidential" consistent with 
the case law. See, e.g., Brown v. Maxwell. 
A few notes to explain specific changes. 
1. We have clarified treatment of…
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