Now Hecker’s counsel not only wants the files returned, because they were allegedly stolen (and allegedly included privileged communications), but he also wants Chrylser’s counsel disqualified for misbehavior upon the receipt of stolen and allegedly privileged material.
Hecker’s counsel harkens back to a major drama some years ago in an employment class action against Cargill where plaintiff’s counsel were called out of misuse and failure to return misappropriated privileged documents in a case before U.S. Distrct Court Judge Donovan Frank. On a quick glance, the circumstances here seem extremely dissimilar but that will be for the Court (Bankruptcy Judge Robert J. Kressel) to decide.