PREET BHARARA, UNITED STATES ATTORNEY, Antonia M. Apps, Arlo Devlin-Brown, John T. Zach, Assistant United States Attorneys.
S.A.C CAPITAL ADVISORS, L.P., Martin Klotz, Esq., Daniel Kramer, Esq., Counsel for S.A.C. CAPITAL, ADVISORS, LLC.
S.A.C. CAPITAL ADVISORS, LLC, Martin Klotz, Esq., Daniel Kramer, Esq., Counsel for S.A.C. CAPITAL, ADVISORS, LLC.
CR INTRINSIC INVESTORS, LLC, Martin Klotz, Esq., Daniel Kramer, Esq., Counsel for CR INTRINSIC, INVESTORS, LLC.
SIGMA CAPITAL MANAGEMENT, LLC, Martin Klotz, Esq., Daniel Kramer, Esq., Counsel for SIGMA CAPITAL, MANAGEMENT, LLC.
PROTECTIVE ORDER ON CONSENT
LAURA T. SWAIN, District Judge.
Upon the application of the United States Attorney for the Southern District of New York and S.A.C. CAPITAL ADVISORS, L.P., S.A.C. CAPITAL ADVISORS, LLC, S.A.C. CAPITAL ADVISORS, LLC, CR INTRINSIC INVESTORS, LLC, and SIGMA CAPITAL MANAGEMENT, LLC, the defendants herein, for the entry of a Protective Order, and for good cause shown,
IT IS HEREBY ORDERED THAT:
1. With the exception of otherwise publicly available documents and information, any documents and recordings, the information contained therein, and other information provided by the Government to the defendants pursuant to Federal Rule of Criminal Procedure 16, Title 16, United States Code, Section 3500, Brady v. Maryland, or United States v. Giglio, are deemed confidential ("Confidential Information"). Confidential Information disclosed to the defendants and/or their counsel during the course of proceedings in this action:
a. Shall be used by the defendants and/or their counsel solely for purposes of this criminal action;
b. Shall not be disclosed in any form by the defendants and/or their counsel to members of the media or used for any commercial or business purpose;
c. Shall not be disclosed in any form by the defendants and/or their counsel except as set forth in paragraph 2 below.
2. Confidential Information may be disclosed by the defendants and/or their counsel only to the following designated persons: (i) all personnel employed or retained by the defendants' counsel; (ii) expert witnesses or advisors retained by the defendants and/or their counsel in connection with the criminal case; (iii) prospective witnesses, and their counsel, to the extent deemed necessary by defense counsel for the purposes of the criminal proceedings in this case, except that no Confidential Information shall be provided to any defendant in any other pending criminal case, or his counsel, or any personnel employed or retained by the defendant's counsel, unless and until such time as the Government has produced such information to any such defendant or such defendant's criminal trial has concluded by verdict or other disposition; and (iv) such other persons as hereafter may be authorized by the Government or by order issued by any Court. If Confidential Information is provided to any prospective witnesses, it may not remain in such person's custody at the conclusion of this action, and must be retrieved from the witness and returned to the Government in accordance with paragraph 6 below.
3. The defendants and/or their counsel shall provide a copy of this Order to the designated persons to whom they disclose Confidential Information pursuant to subparagraphs 2(i)(iv), and shall obtain from such persons a written statement acknowledging that they are receiving materials that are "Confidential Information" pursuant to this Protective Order, and that they are bound by the terms of this Protective Order. The defendants ...