No Rest For Katten, Or Mr. Shkreli — On Thanksgiving Weekend

UPDATE: In a subsequent letter, Mr. Shkreli’s lawyers claim (among other matters) that Martin Shkreli OWNS the hedge fund(s) related Katten documents. Not the fund(s), not Mr. Biestek — but Mr. Shkreli, himself. That. Is. Astonishing.

Personally — I don’t see that as a meritorious claim. It may well back-fire, on the Shkreli team. I will explain how, and why — when I find time.

Original Post: Here is the full order, from yesterday’s hearing, in Brooklyn:

…Minute Entry for proceedings held before Judge Kiyo A. Matsumoto:

Motion Hearing on Martin Shkreli’s [103] Motion to Compel the Law Firm Katten, Muchin, Rosenman, LLP to Comply With a Document Subpoena.

AUSAs Winston M. Paes, Jacquelyn Kasulis and Alixandra Smith appeared for the government; Benjamin Brafman and Andrea Zellan appeared for Martin Shkreli; Reed Brodsky, Winston Chan and Lisa Rubin appeared for Evan Greebel. Counsel for Retrophin, Ian Shapiro, and counsel for Katten Muchin, Michael Verde and Elizabeth Langdale, also appeared.

Arguments heard as to the motion to compel. Mr. Shkreli and Retrophin are ordered expeditiously to continue good faith negotiations to resolve production of the materials claimed by Retrophin to be protected by the attorney-client privilege. By Monday, November 28, 2016, Retrophin shall do the following: (1) produce Katten Muchin’s billing records subject to redactions and a privilege log of the redacted information; (2) communicate to the parties, via ECF, the extent to which it is willing to expand its waiver of its attorney-client privilege. As Retrophin, Shkreli and the MSMB entities agree on areas for which the privilege will be or has been waived, they shall provide specific search terms, custodians and dates to Katten Muchin in order to facilitate the production of materials and the identification of specific documents for which Retrophin will claim privilge.

By December 6, 2016, Retrophin shall review Katten Muchin’s documents and submit a privilege log that includes the relevant dates, the recipient/author, and a general description of the privileged information sufficient to allow the parties to assess Retrophin’s privilege claims. To the extent that Katten Muchin can identify materials pertaining solely to MSMB Capital, MSMB Healthcare, and their affiliates, such documents shall be produced by December 6, 2016 to all parties.

Retrophin and Shkreli shall continue good faith negotations as to the materials listed on Retrophin’s privilege log before seeking judicial intervention.

Defendant Shkreli shall, by December 13, 2016, advise the court of how he wishes to proceed as to the materials he seeks for which Retrophin continues to claim privilege. Defendant Shkreli shall serve a copy of this order on counsel for Katten Muchin, Retrophin and the MSMB entitites by November 23, 2016 and note service on the docket. (Fletcher, Camille)….

There will be more later tonight — more in the PACER filings.

Back soon. Headed to an airport pick-up run, at the moment.

Namaste