Securities and Exchange Commission v. Alderson et al

Filing 104

ORDER: IT IS HEREBY ORDERED that DVU must un-redact certain portions of the memos which, in the Court's view, fall within the subject matter for which DVU has already waived privilege. For the memo dated February 20, 2014, DVU must un-redact : On page 2, the (ii) sub-section heading; On page 2, the (iii) sub-section heading; On page 2, the last sentence of the first paragraph of sub-section (iii); On page 2, the fifth sentence of the last paragraph on the page; On page 3, the last comple te sentence of the page, i.e., the first sentence of the bottom-most paragraph. For the memo dated July 9, 2015, DVU must un-redact: On page 4, item number one of the three-item list. DVU must produce the revised version of the redacted memos to the parties no later than December 3, 2019. SO ORDERED. (Signed by Judge Valerie E. Caproni on 11/22/2019) (ks)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
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SECURITIES AND EXCHANGE COMMISSION,:
:
Plaintiff,
:
:
-against:
:
BENJAMIN ALDERSON and
:
BRADLEY HAMILTON,
:
:
Defendants.
:
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VALERIE CAPRONI, United States District Judge:

USDC SDNY
DOCUMENT
ELECTRONICALLY FILED
DOC #:
DATE FILED: 11/22/2019

18-CV-4930 (VEC)
ORDER

WHEREAS Defendants and non-party Brite Advisors USA, Inc. (“DVU”), formerly
known as deVere USA, Inc., dispute whether DVU must produce to Defendants unredacted
versions of two legal memos drafted by DVU’s General Counsel, Martin Byrne, dated February
20, 2014, and July 9, 2015, Dkt. 93 at 2–3;
WHEREAS Defendants claim that DVU has engaged in a selective waiver of attorneyclient privilege;
WHEREAS DVU contends that it has properly engaged in a subject-matter waiver of
legal advice pertaining to the matters at issue in the SEC’s Complaint, which, among other
things, concerns Defendants’ failure to disclose their receipt of certain fees;
WHEREAS on November 18, 2019, at a status conference, DVU submitted the
unredacted memos to the Court for in camera review; and
WHEREAS the Court has reviewed the submissions in camera;
IT IS HEREBY ORDERED that DVU must un-redact certain portions of the memos
which, in the Court’s view, fall within the subject matter for which DVU has already waived
privilege. For the memo dated February 20, 2014, DVU must un-redact:

•
•
•
•
•

On page 2, the (ii) sub-section heading;
On page 2, the (iii) sub-section heading;
On page 2, the last sentence of the first paragraph of sub-section (iii);
On page 2, the fifth sentence of the last paragraph on the page;
On page 3, the last complete sentence of the page, i.e., the first sentence of the
bottom-most paragraph.

For the memo dated July 9, 2015, DVU must un-redact:
•

On page 4, item number one of the three-item list.

DVU must produce the revised version of the redacted memos to the parties no later than
December 3, 2019.

SO ORDERED.
_________________________________
VALERIE CAPRONI
United States District Judge

Date: November 22, 2019
New York, New York

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