Get the judge to sign on to the clawback agreement so your company will be protected in the current suit and future lawsuits into which the inadvertently produced ESI could wend its way.

FORBES: Written by Robert D. Brownstone

An attorney for Mr. Marsch confirmed that at one point Mr. Marsch did hire Mr. Minkow's firm to obtain information about wrongdoing at the company, but also said that the findings detailed in Mr. Minkow's report were protected speech covered by a litigation privilege, and that Lennar's libel suit was frivolous.

WSJ: Minkow to Plead Guilty in Lennar Insider-Trading Case