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Opponent ‘Bought’ Privileged Docs, Used Them to Seek More

Posted Sep 5, 2008, 01:46 pm CDT
By Martha Neil

A struggling mortgage lender in a Chapter 11 bankruptcy case may have opened up a major new battlefield in the legal malpractice arena.

Eager to put an end to a fraud suit brought by a software developer, New Century Mortgage agreed, as part of a settlement in federal bankruptcy court in Delaware, to turn over to opponent Positive Software Solutions Inc. privileged material and internal company documents that also concern a related federal software licensing suit, according to Texas Lawyer.

Now, Positive Software is using those privileged materials to seek sanctions against New Century's counsel, the Susman Godfrey law firm and two of its partners, Barry Barnett and Ophelia Camina in a federal lawsuit in Texas. It… Continue reading...

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Title: Opponent ‘Bought’ Privileged Docs, Used Them to Seek More



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