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  • Writer's pictureKirk Hartley

Taking Discovery Against the UK’s FSA Regulatory Agency ?

Here is an interesting paper from the Lehman bankruptcy. It is a motion for discovery against the UK’s Financial Services Authority and PwC. (Hat tip to Am Law Daily for publishing this article on the topic, with a link to the motion. ) The opening paragraph is pasted below:


“The Official Committee of Unsecured Creditors (the “Committee”) appointed in the above-captioned chapter 11 cases of Lehman Brothers Holdings Inc. (“LBHI“) and its affiliated debtors and debtors in possession (collectively, the “Lehman Debtors”), by and through its undersigned counsel, hereby files this Motion (the “Motion”), pursuant to section 105(a) of title 11 of the United States Code, 11 U.S.C. §§ 101-1532 (as amended, the “Bankruptcy Code”), and the Hague Convention of 18 March 1970 on the taking of Evidence Abroad in Civil or Commercial Matters, 28 U.S.C. § 1781 (the “Hague Convention”), for the issuance of two Letters of Request for International Judicial Assistance in the form annexed hereto as Exhibit A (the “Letters of Request”) to the High Court of Justice of England and Wales (the “U.K. Court”) to compel the production of documents by the following entities located in the United Kingdom: the Financial Services Authority (“FSA“), Barclays‘ regulator, and PricewaterhouseCoopers LLP and PricewaterhouseCoopers International Limited (collectively “PwC“), Barclays‘ auditors.”

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