On December 21, 2020 a
Exhibit,Appendix
was filed
involving a dispute between
Yasemin Tekiner,
Yasemin Tekiner
In Her Individual Capacity, As A Beneficiary And A Trustee Of The Yasemin Tekiner 2011 Descendants Trust And Derivatively As A Holder Of Equitable Interests In A Shareholder Or A Member Of The Company Defendants,
and
254-258 W. 35Th St. Llc,
Berrin Tekiner,
Billur Akipek
In Her Capacity As A Trustee Of The Yasemin Tekiner 2011 Descendants Trust,
Bremen House Inc.,
Bremen House Texas, Inc.,
German News Company, Inc.,
German News Texas, Inc.,
Gonca Tekiner,
Zeynep Tekiner,
for Commercial Division
in the District Court of New York County.
Preview
FILED: NEW YORK COUNTY CLERK 01/31/2023 03:24 AM INDEX NO. 657193/2020
NYSCEF DOC. NO. 1157 RECEIVED NYSCEF: 01/31/2023
EXHIBIT 25
INDEX NO. 657193/2020
To:
FILED: Topping,
NEWSean[sean.topping@nortonrosefulbright.com]
YORK COUNTY CLERK 01/31/2023 03:24 AM
Cc:
NYSCEF Corder,NO.
DOC. Victoria[victoria.corder@nortonrosefulbright.com];
1157 Archer, Judith A.[judith.archer@nortonrosefulbright.com];
RECEIVED NYSCEF: Ward,
01/31/2023
Luke[luke.ward@nortonrosefulbright.com]; Evan Mandel[em@mandelbhandari.com]; Younger, Stephen
P.[spyounger@foleyhoag.com]; Leah Vickers[lv@mandelbhandari.com]
From: Shomik Ghosh[sg@mandelbhandari.com]
Sent: Fri 11/12/2021 9:57:53 PM (UTC)
Subject: Re: Tekiner v. Bremen House et al. - Accountant/Broker Privilege
Thank you Sean. We will review your position on the communications. If we decide to raise these issues with the Court, however, it will be by a
separate Rule 14 letter and not through amendment of our existing letter.
On Fri, Nov 12, 2021 at 3:47 PM Topping, Sean wrote:
Shomik,
We believe your emails mischaracterize Defendants’ position. To be clear, Defendants have logged all privileged
communications. The Companies’ accountants and/or brokers have been included on otherwise privileged communications
because of their positions and/or roles in Company transactions. Their presence on those communications does not waive the
privilege. In the limited circumstances where Defendants communicated with accountants and/or brokers concerning legal advice
provided by counsel, Defendants have properly logged those communications and explained why they are privileged. Any
responsive communications that were not privileged have been produced.
As such, Defendants do not agree to produce withheld communications with the third parties named below. We also disagree
that a “categorical ruling” is warranted in this case. However, if your intent is to raise this issue with the Court, Defendants would
agree to allow Plaintiff to amend her pending Rule 14 letter concerning privilege log issues to add this issue as well. Given the
number and breadth of Rule 14 submissions before the Court, we believe it would be more efficient to have all of Plaintiff’s
concerns with Defendants’ privilege log raised together.
Best,
Sean
Sean Topping | Associate
Pronouns: he / him / his
Norton Rose Fulbright US LLP
1301 Avenue of the Americas, New York, New York 10019-6022, United States
Tel +1 212 318 3361 | Fax +1 212 318 3400
sean.topping@nortonrosefulbright.com
NORTON ROSE FULBRIGHT
Law around the world
nortonrosefulbright.com
From: Shomik Ghosh [mailto:sg@mandelbhandari.com]
Sent: Friday, November 12, 2021 9:59 AM
To: Topping, Sean ; Corder, Victoria ;
Archer, Judith A. ; Ward, Luke
Cc: Evan Mandel ; Younger, Stephen P. ; Leah Vickers
FILED: INDEX NO. 657193/2020
Subject: Re: NEW
TekinerYORK
v. Bremen COUNTY
House et al.CLERK 01/31/2023
- Accountant/Broker Privilege 03:24 AM
NYSCEF DOC. NO. 1157 RECEIVED NYSCEF: 01/31/2023
[External Email – Use Caution]
Sean,
Following up on this. This is not intended to be a "gotcha" question. During our call, you stated Defendants
were planning on asserting that communications involving the parties below were protected attorney-client
communications. If that is still your position, please let us know so we can promptly raise this issue with
the Court and seek a categorical ruling on the applicability of attorney-client privilege to communications
involving third-party brokers and accountants.
Thanks,
Shomik
On Thu, Nov 11, 2021 at 12:38 PM Shomik Ghosh wrote:
Sean,
During our previous meet & confer, we discussed Defendants’ withholding of a number of communications
as privileged within which (a) communications involving counsel for Defendants included third-parties,
thus waiving any attorney-client privilege; and (b) where Defendants communicated with third-parties
with no counsel present. During our discussion, you stated that Defendants were taking the position that
communications with third-party real estate brokers and accountants (including the parties below) were
privileged, regardless of whether counsel was included in the communication.
Would you please confirm for us that this remains Defendants' position? If not, Plaintiff requests that
communications in which the following third-parties are present be immediately produced:
Marcus Millichap
Corcoran
Warburg Realty
Paul Schwartzman
Steve Levine
Beck/Baumann
Thank you,
Shomik
--
FILED: NEW YORK COUNTY CLERK 01/31/2023 03:24 AM INDEX NO. 657193/2020
Shomik Ghosh
NYSCEF DOC. NO. 1157 RECEIVED NYSCEF: 01/31/2023
Mandel Bhandari LLP
80 Pine Street, NY, NY 10005
e sg@mandelbhandari.com
p 203-285-4398
--
Shomik Ghosh
Mandel Bhandari LLP
80 Pine Street, NY, NY 10005
e sg@mandelbhandari.com
p 203-285-4398
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--
Shomik Ghosh
Mandel Bhandari LLP
80 Pine Street, NY, NY 10005
e sg@mandelbhandari.com
p 203-285-4398