Billionaire Fights Waiving Of Privilege In $48M Award Dispute

Publisher: Law360

July 30, 2019

Day Pitney's representation of clients CBF Indústria de Gusa (CBF) and other Brazilian iron companies was covered in an article, "Billionaire Fights Waiving Of Privilege In $48M Award Dispute," published by Law360. As reported in the article, the defendants in a suit brought by CBF and other Brazilian companies seeking to confirm a $48 million arbitral award have objected to U.S. Magistrate Judge James L. Cott's order, which ordered defendants to turn over hundreds of privileged attorney-client communications pursuant to the crime-fraud exception. The defendants, including coal billionaire Hans J. Mende, are accused of orchestrating fraudulent transfers to avoid paying the Brazilian companies an arbitration award issued by the International Chamber of Commerce in 2011. Earlier in July, U.S. District Judge P. Kevin Castel granted an order allowing CBF and the other plaintiff companies to secure $48.4 million worth of money, property or interest in property belonging to Mende and a company he allegedly controlled, AMCI Holdings.

The Day Pitney team representing CBF and the Brazilian companies is led by Adam K. Grant and includes Elizabeth J. Sher, Jonathan S. Zelig, Gregory R. Bruno, Naju R. Lathia, Alyssa R. Musmanno, Michael L. Fialkoff and Matthew B. Danzer.

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