Hole, left and Frederick Fein at a court hearing last year. After the hearing, however, Tuter observed that the evidence had revealed the “sloppiness and mistakes” in the legal work that had accompanied the SWS takeover. Waste Management’s attorneys presented evidence that there was never any intent to violate the law. Tuter heard six hours of testimony last October at a rebuttal hearing, including from Waste Management’s Vice President of Legal, Sang-Chu “John” Tsai. When “the services of the lawyer were sought or obtained to enable or aidĪnyone to commit or plan to commit what the client knew was a crime or fraud.” However, is “crime-fraud” that holds that no lawyer-client privilege exists Subject to the crime-fraud exception to the attorney-client privilege.Īttorney-client privilege is the legal right to keep secretĬommunications between a lawyer and a client. The special master identified 24 documents he found to be Of violating a trio of federal criminal statutes regarding making false Legal advice to perpetrate a crime or fraud. That Bergeron’s attorney had presented sufficient evidence to establish a prima facie case that Waste Management’sĮffort to hide certain corporate records was bogus because it may have sought In November 2018 Tuter approved a special master’s finding July 2018 had contracted with the joint venture Sun Bergeron. Or cutbacks in recycling programs among the 17 Broward municipalities that until ![]() The acquisition resulted in sharply higher recycling costs Takeover of SWS as part of a conspiracy to ruin Bergeron’s business and steal It misled federal and state antitrust regulators to win approval of its Seven allegations leveled by Bergeron Environmental and Recycling regarding internalĭocuments pertaining to Waste Management’s $510-million asset purchase ofĭavie’s Southern Waste Systems (SWS), including Sun Recycling, in 2016.īergeron is suing Waste Management, and others, contending In a ruling last week, Broward Chief Judge Jack Tuter accepted ![]() Waste Management has successfully rebutted crime-fraudĪllegations that, if upheld, would have forced the trash giant to disclose confidentialĬompany records it says are protected by the attorney-client privilege.
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