The plaintiffs' lawyer who filed that case, Kerry Miller of Fishman Haygood, told me on Wednesday that he plans to monitor the Bankman-Fried criminal case for any Fenwick & West documents that might boost the class allegations.
Companies are typically reluctant to waive privilege for fear that their lawyers’ documents might be used in other cases.
That assertion seems to hint that Bankman-Fried will claim that he can personally waive privilege over some Fenwick & West communications.
The strongest defense case, Sandick said, would probably feature testimony from a Fenwick & West witness to bolster testimony from Bankman-Fried about his reliance on advice from FTX lawyers.
But contradictory testimony from a law firm witness could undermine Bankman-Fried’s advice-of-counsel defense.
Persons:
Sam Bankman, Gresser, Fenwick, Fried, West, FTX, “, ”, Bankman, District Judge Lewis Kaplan, Kaplan, Kerry Miller, Fishman Haygood, Cohen, Sullivan, Cromwell, Harry Sandick, Patterson Belknap Webb, Tyler, ” Sandick, Sandick, ‘, ’ ”, Alison Frankel
Organizations:
Cohen, Fenwick & West, Alameda Research, Silvergate Bank, West, U.S, Prosecutors, Alameda, District, District Judge Lewis Kaplan of, Fenwick &, Manhattan U.S, Companies, Defense, Thomson, Reuters
Locations:
Fenwick, FTX, Alameda, Manhattan, California, District Judge Lewis Kaplan of Manhattan