EFTA01101239.pdf

Joseph L. Ackerman, Jr. From: Natalie A. Trompet Sent: Frida , Februa 25, 2011 5:55 PM To: Cc: Joseph L. Ackerman, Jr.; CHRISTOPHER E. KNIGHT; Lilly Ann Sanchez Subject: FW: Epstein v Rothstein/Edwards - CONFIDENTIALITY AGREEMENT Attachments: 0820_001.pdf Mr. Scarola and Mr. Farmer: This email was dictated by Mr. Ackerman as follows: Here is the Confidentiality Agreement we agreed to. Upon review, please execute and return it to me. Upon receipt of all of the signature pages, I will send a fully executed Confidentially Agreement to everyone. Sincerely, Joseph L. Ackerman, Jr. Dictate but not reread to expedite delivery (Natalie) EFTA01101239  CONFIDENTIALITY AGREEMENT THIS CONFIDENTIALITY AGREEMENT (the "Agreement") is made and entered into this _ day of , 2011, by and between Fanner, Jaffe, Weissing, Edwards, Fistos, & Lehrman ("Farmer Jaffe"), Fowler White & Burnett, P.A. ("Fowler"), and Searcy Denney Scarola Barnhart & Shipley, P.A. ("Searcy"). 1. With regard to the documents for which Farmer Jaffe claim a work product privilege that Farmer Jaffe is willing to produce, the parties agree to keep these documents confidential, "attorney's eyes only", until Fowler can review it. If the Plaintiffs counsel other than Fowler reviews these documents, he will execute and agree to the provisions of this Confidentiality Agreement. If Fowler believes: a. That a document needs to be shown to their client; or b. Believes that no privilege applies; Then Fowler will seek leave of the Special Master, Judge Robert Carney ("Special Master"), before disclosing it to its client. Further, if Fowler believes that the privilege does not apply, it will be addressed before the Special Master as part of the other proceedings relating to claimed privileges. For any document that Farmer Jaffe claims a work product privilege but which it is willing to produce under this paragraph, Farmer Jaffe shall so designate such document for Fowler in a manner in which Fowler will know that the documents are being produced under this paragraph. 2. With regard to the documents that Fanner Jaffe believes are irrelevant to any issues in the Epstein v Rothstein, Edwards Litigation, Case Number: 50 2009 CA 040800XXXXMBAG ("Litigation"). Fowler agrees to keep these documents confidential but those documents are subject to review by Fowler's client. If Fowler believes that the document(s) is relevant to the Litigation, Fowler will seek leave before the Special Master for a EFTA01101240  CASE NO. 502009CA040800XXXXMBAG Confidentiality Agreement determination prior to disclosure. With regard to the documents produced under this section, Farmer Jaffe shall so designate such document for Fowler in a manner in which Fowler will know that the documents being produced under this paragraph are clearly marked as irrelevant. 3. If documents produced in paragraph 1 arc determined to be privileged, the documents will be returned by Fowler to Farmer Jaffe with no copies retained. If the objections to privileged documents are overruled, then the documents will be deemed discoverable, and the Confidentiality Agreement relating to any such documents will no longer apply. 4. If documents produced in paragraph 2 are determined to be irrelevant, the documents will be returned by Fowler to Fanner Jaffe with no copies retained. If the objections to production of documents on the basis of relevancy are overruled, then the documents will be deemed discoverable, and the Confidentiality Agreement relating to any such documents will no longer apply. 5. Fowler agrees that entering into this Agreement and producing these documents as described, does not constitute any waiver of privilege as to these or any other documents. IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date above. Searcy Denney Scarola Barnhart & Shipley 2139 Palm Beach Lakes Boulevard West Palm Beach FL 33409 Telephone: Facsimile: By • Jack Scarola Fla Bar No. 169440 Its Authorized Representative -2 - EFTA01101241  CASE NO. 502009CA040800XXXXMBAG Confidentiality Agreement Farmer, Jaffe, Weissing, Edwards, Fistos & Lehrman. 435 N. Andrews Avenue, Ste 2 Fort Lauderdale. FL 33301-3268 Telephone: Facsimile: By: Gary M. Farmer, Jr. Fla. Bar No. 914444 Its Authorized Representative Fowler White & Burnett, ■ 901 Phillips Point, West Tower 777 S. Flagler Drive West Palm Beac FL 33401 Telephone Facsimile: By: Joseph L. Ackerman, Jr. Fla. Bar No. 235954 Its Authorized Representative WM0743CONFID75CONFIDENTIALITY AGREEMENT-JLAJoa -3- EFTA01101242