Judge orders Greenberg Traurig, TD Bank to pay fees to Rothstein investor attorneys

, Daily Business Review


A Miami federal judge is sanctioning TD Bank and Greenberg Traurig for discovery violations in a trial growing out of ex-lawyer Scott Rothstein's Ponzi scheme.

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What's being said

  • Warreb R. Trazenfeld

    Ponton: He was just found dead in a training facility locker room. Shot in the head.

    Inspector Jacques Clouseau: Was it fatal?

    Ponton: Yes.

    Inspector Jacques Clouseau: How fatal?

    Ponton: Um, completely.

    Inspector Jacques Clouseau: I want to talk to him now!

    Although not fatal, the following quotes from Judge Cooke's Order establish GT's negligence:

    The evidence before me suggests that Greenberg

    Traurig failed to conduct a thorough search for the document.

    Based on my review of all of the evidence, and considering the pattern of discovery

    abuses before, during, and after trial, I find that Greenberg Traurig acted negligently in failing to comply with its discovery obligations in this case...

    Greenberg Traurig acted negligently in failing to produce the CDD form in a manner that preserved the document’s qualities.

    Upon review of all of the evidence I conclude that Rule 37 sanctions against Greenberg Traurig and TD Bank are warranted.

    TD's appellate team, which presumably will be less than 200 lawyers, will have a tough time working around the following finding by Judge Cooke:

    I will therefore direct that the facts that TD Bank’s monitoring and alert systems were unreasonable and that TD Bank had actual knowledge of Rothstein’s fraud be taken as established for purposes of this action. See Fed. R. Civ. P. 37(b)(2)(A)(i). This sanction will prevent further prejudice to Coquina in an eventual appeal on that issue.

  • PrincessHaven


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