On August 29, 2011, Mark Cuban filed a motion to compel (available here) requesting that the Court order the SEC to provide several categories of documents that, according to Mr. Cuban, have been improperly withheld. Mr. Cuban states that, “[t]he SEC’s discovery strategy in this case has become clear: unless the Court intervenes, the SEC will produce only non-privileged material in what it refers to as its ‘investigative file’ and nothing else.” The motion contains a good discussion of the Federal Rules’ broad discovery regime, the requirements concerning privilege logs, the appropriateness of so-called “boiler plate” objections, and the work product doctrine.
In the lawsuit, the SEC alleges that Mr. Cuban’s activities regarding the sale of Mamma.com stock violated certain securities laws.
Mr. Cuban is represented by Lyle Roberts, Ralph Ferrara, and George Anhang, all of Dewey & LeBoeuf LLP; Stephen Best and Brian Nysenbaum, both of Brownstein Hyatt Farber Schreck LLP; Leslie Maria, of White & Case LLP; and Thomas Melsheimer and Steven Stodghill, both of Fish & Richardson P.C.
The case is before Chief Judge Fitzwater.