Brittany J. Nelson (VSB No. 81734) 

FOLEY & LARDNER LLP 

3000 K Street, NW, Suite 600 

Washington, DC 20007-5109 

(202) 672-5300 (telephone) 

bnelson@foley.com 

Counsel to Lynn L. Tavenner, Esq., 

Chapter 7 Trustee of Estate of LeClairRyan PLLC 

4851-2427-9520 

UNITED STATES BANKRUPTCY COURT 

EASTERN DISTRICT OF VIRGINIA 

Richmond Division 

In re: 

 LeClairRyan PLLC, 

 Debtor 

Case No.: 19-34574-KRH 

Chapter 7 

Lynn L. Tavenner, as Chapter 7 Trustee, 

 Plaintiff, 

vs. 

ULX PARTNERS, LLC and UNITEDLEX 

CORPORATION, 

 Defendants. 

Adv. Pro. No.: 20-03142-KRH 

STIPULATION BY LYNN L. TAVENNER, AS TRUSTEE, REFLECTING 

AGREED PROTECTIVE ORDER WITH DEFENDANTS 

Plaintiff, Lynn L. Tavenner, solely in her capacity as the Chapter 7 trustee (the “Trustee” 

or “Plaintiff”) of the bankruptcy estate of LeClairRyan PLLC (“LeClairRyan” or the 

“Debtor”), and Defendants, ULX Partners, LLC (“ULXP”) and UnitedLex Corporation 

(“UnitedLex”), hereby stipulate (the “Stipulation”) as follows: 

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4851-2427-9520 

BACKGROUND 

1. On September 3, 2019, the Debtor filed a voluntary petition under Chapter 11 of 

Title 11 of the United States Code (the “Bankruptcy Code”) in the United States Bankruptcy 

Court for the Eastern District of Virginia, Richmond Division (the “Bankruptcy Court”). 

2. On October 4, 2019, the Debtor’s Bankruptcy Case was converted to a case under 

Chapter 7 of the Bankruptcy Code. 

3. Upon conversion, Lynn L. Tavenner was appointed interim trustee and, as no 

trustee having been elected at the meeting of creditors, she continues to serve as Trustee. 

4. On October 28, 2020, Plaintiff initiated the above-captioned adversary proceeding 

against ULXP and UnitedLex. 

5. The parties have since served and responded to preliminary written discovery. 

6. In efforts to further discovery without the risk of disclosing confidential 

information of any party, Plaintiff, ULXP, and UnitedLex have stipulated to a protective order 

attached hereto as Exhibit 1, and request that it be entered before additional documents are 

exchanged. 

STIPULATION 

7. Plaintiff, ULXP, and UnitedLex will be bound by the protective order that has 

been negotiated between the parties and attached as Exhibit 1. Without further order of this 

Bankruptcy Court, the protective order attached as Exhibit 1 will be binding on the parties, for 

the duration stated therein. 

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4851-2427-9520 

WAIVER OF MEMORANDUM OF POINTS AND AUTHORITIES 

8. The Trustee respectfully requests that this Court waive any requirement that this 

Stipulation be accompanied by a written memorandum of points and authorities as described in 

Local Bankruptcy Rules 7026-1(D) and 9013-1(G). 

IT IS SO ORDERED 

Date: 

 Richmond, Virginia Honorable Kevin R. Huennekens 

 United States Bankruptcy Judge 

May 21 2021 /s/ Kevin R Huennekens

Entered On Docket: May 25 2021

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4851-2427-9520 

We ask for this: 

/s/ Brittany J. Nelson 

Erika L. Morabito (VSB No. 44369) 

Brittany J. Nelson (VSB No. 81734) 

FOLEY & LARDNER LLP 

3000 K Street, NW, Suite 600 

Washington, DC 20007-5109 

(202) 672-5300 (telephone) 

(202) 672-5399 (facsimile) 

emorabito@foley.com 

bnelson@foley.com 

Special Counsel to Lynn L. Tavenner, Esq., 

Chapter 7 Trustee 

/s/ Thomas J. McKee, Jr. 

Thomas J. McKee, Jr. (VSB No. 68427) 

GREENBERG TRAURIG, LLP 

1750 Tysons Boulevard, Suite 1000 

McLean, Virginia 22102 

Telephone: (703) 749-1300 

Facsimile: (703) 749-1301 

mckeet@gtlaw.com 

milmoeg@gtlaw.com 

bargerd@gtlaw.com 

and 

J. Gregory Milmoe (admitted pro hac vice) 

Greenberg Traurig, LLP 

One International Place, Suite 2000 

Boston, MA 02110 

Telephone: (617) 310-6064 

Email: milmoeg@gtlaw.com 

Counsel to Defendants 

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4851-2427-9520 

CERTIFICATION OF ENDORSEMENT, 

UNDER LOCAL BANKRUPTCY RULE 9022-1(C) 

Pursuant to Local Bankruptcy Rule 9022-1(C), I hereby certify that the foregoing 

proposed order has been endorsed by or served upon all necessary parties. 

/s/ Brittany J. Nelson 

Brittany J. Nelson

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4851-2427-9520 

EXHIBIT 1 

Stipulated Protective Order Regarding the 

Disclosure and Use of Confidential Information 

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Brittany J. Nelson (VSB No. 81734) 

FOLEY & LARDNER LLP 

3000 K Street, NW, Suite 600 

Washington, DC 20007-5109 

(202) 672-5300 (telephone) 

bnelson@foley.com 

Counsel to Lynn L. Tavenner, Esq., 

Chapter 7 Trustee of Estate of LeClairRyan PLLC 

IN THE UNITED STATES BANKRUPTCY COURT 

FOR THE EASTERN DISTRICT OF VIRGINIA 

Richmond Division

In re: 

LECLAIRRYAN PLLC, 

 Debtor. 

______________________________________

Lynn L. Tavenner, as Chapter 7 Trustee, 

 Plaintiff, 

vs. 

ULX Partners, LLC and UnitedLex 

Corporation, 

 Defendants. 

Chapter 7 

Case No. 19-34574-KRH 

Adv. Proc. No. 20-03142-KRH 

STIPULATED PROTECTIVE ORDER REGARDING THE 

DISCLOSURE AND USE OF CONFIDENTIAL INFORMATION 

Comes now Plaintiff Lynn L. Tavenner, as Chapter 7 Trustee, (the “Plaintiff”) and 

Defendants ULX Partners, LLC and UnitedLex Corporation (collectively, the “Defendants”), 

pursuant to Rules 5.2(e) and 26(c) of the Federal Rules of Civil Procedure, by and through 

counsel and, agree and stipulate to this Protective Order concerning the disclosure and use of the 

below-defined confidential information that the parties reasonably expect will be produced 

during the course of discovery in this action. 

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1. This Protective Order covers information produced in discovery in this action, 

whether in the parties’ or a nonparty’s possession, custody or control, that contains or comprises 

the following: (a) the parties’ trade secrets or other sensitive non-public proprietary information; 

(b) any nonparty business entity’s trade secrets or other sensitive non-public proprietary 

information; (c) any personal information, the disclosure of which could violate individual 

privacy rights; (d) confidential contracts or contract terms, financial information, commercial 

information, or competitively sensitive information; (e) confidential and privileged client 

information, files, and other records; and/or (f) any nonparty information the secrecy of which a 

party has a duty to protect. The parties shall work cooperatively together in good faith to agree 

upon and implement additional reasonable and appropriate limitations and protections 

concerning the use and disclosure of any particularly sensitive materials designated as 

“CONFIDENTIAL” or “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY” 

(“Confidential” and “Highly Confidential – Attorneys’ Eyes Only” material are referred to 

collectively as “Protected Material” in this Protective Order, as such need arises). 

2. Even after termination of this litigation, the confidentiality obligations imposed 

by this Protective Order shall remain in effect until a person designating any document, thing, or 

information (collectively “material”) as Protected Material agrees otherwise in writing or a court 

order otherwise directs. This Court shall retain jurisdiction over the parties and such persons for 

enforcement of its provisions. 

3. Each person designating material as Protected Material must take care to limit any 

designations under this Protective Order to specific material that qualifies under the appropriate 

standards, and certifies that the information constitutes or contains a trade secret or other 

confidential research, development, proprietary, commercial, financial, or personal information 

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not generally known to members of the public or could, if disclosed, result in competitive harm 

to such person. 

4. In producing any material in this action that the producing party or nonparty in 

good faith believes comprises or contains information described in Paragraph 1 above, such 

producing party or nonparty may designate such material, in whole or in part, as 

“CONFIDENTIAL” or “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY” under 

this Protective Order. The marking shall state “CONFIDENTIAL” or “HIGHLY 

CONFIDENTIAL – ATTORNEYS’ EYES ONLY,” along with a designation (e.g., bates 

number prefix of the identity of the designating party or nonparty). To assist with the processing 

of any produced materials marked “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES 

ONLY,” the producing party shall make such production separate from those documents not 

marked with such designation. 

5. The designation described in Paragraph 4 above shall be made, where practical, 

by marking each page of a document, each separate part or component of a thing, or each 

separate item of other information in a conspicuous manner with the appropriate designation. 

The designation must be placed or affixed in a manner that will not interfere with the legibility of 

the document and prior to, or at, the time the documents are produced, disclosed, or made 

available. If not practical to so mark the material itself, a container for, or a tag attached to, or 

designation in the title of, the material shall be so marked. 

6. In lieu of marking the original of any material prior to inspection, the designating 

party or nonparty may orally designate such material as “CONFIDENTIAL” or “HIGHLY 

CONFIDENTIAL – ATTORNEYS’ EYES ONLY,” thereby making it, and the information it 

contains, temporarily subject to this Protective Order. However, each subsequently produced 

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copy of any such material must be marked “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL 

– ATTORNEYS’ EYES ONLY” as required by this Protective Order at the time it is so 

produced in order to make the original and copies of the material subject to this Protective Order. 

7. If during the course of a deposition taken in this action any questions are to be 

asked or any answers are to be given regarding Protected Material, only persons designated in 

Paragraph 11 below (and the deponent’s counsel in the case of a separately represented nonparty) 

shall be allowed to be present during such portion of the deposition. This Paragraph shall not be 

deemed to authorize disclosure of any Protected Material to any person to whom disclosure is 

prohibited under this Protective Order. 

8. During any deposition in this action, either party may designate the deposition, or 

specified portions thereof, as “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL – 

ATTORNEYS’ EYES ONLY” and request the reporter to insert a statement regarding the 

confidentiality of the information into the deposition transcript. Portions of a deposition 

designated as such shall be marked by page and line by the Court Reporter. Alternatively, either 

party may designate the deposition, or portions thereof, as “CONFIDENTIAL” or “HIGHLY 

CONFIDENTIAL – ATTORNEYS’ EYES ONLY” by so informing the other party in writing 

within fifteen (15) business days after receipt of the deposition transcript. During those fifteen 

(15) business days, (i) the transcript and testimony shall not be disclosed to any person other than 

those described in Paragraph 11 below and the deponent (and the deponent’s counsel in the case 

of a separately represented nonparty) and (ii) no person who attended the deposition shall 

disclose the transcript or testimony to any person other than those described in Paragraph 11 

below. Upon being informed that some or all of a deposition has been designated as 

“CONFIDENTIAL” or “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY,” each 

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party shall cause each copy of the transcript in his/its possession, custody, or control to be so 

marked (to the extent not already so marked by the reporter). 

9. Any and all material designated as Protected Material under this Protective Order 

shall not be used by any recipient for any purpose other than in connection with this action or 

disclosed by any recipient to any person other than those entitled to have access to such material 

pursuant to Paragraph 11 below, unless and until the restrictions herein are removed by an order 

of the Court or by written stipulation of the parties. 

10. Nothing in this Protective Order shall be construed to prevent either party from 

opposing the designation of material as “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL – 

ATTORNEYS’ EYES ONLY.” To oppose the designation of material as “CONFIDENTIAL” 

or “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY,” a party may serve a written 

objection, including a statement of the grounds for the objection, on the designating party at 

anytime. The designating party shall have ten (10) business days following the receipt of the 

objection to withdraw his/its “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL – 

ATTORNEYS’ EYES ONLY” designation. If the designating party does not withdraw the 

designation within ten (10) business days after receipt of the objection, or if the parties have 

made a good-faith effort to resolve the dispute prior to expiration of the ten (10) business days, 

the objecting party may move the Court for an order removing the “CONFIDENTIAL” or 

“HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY” designation. The burden of 

persuasion in any such challenge proceeding shall be on the party designating the material as 

Protected Material. Until the Court rules on the challenge, all parties shall continue to afford the 

material in question the level of protection to which it is entitled as designated. 

11. Access to material 

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(1) designated as “CONFIDENTIAL” under this Protective Order, and to any 

portion of any transcript, brief, affidavit, letter, memorandum or other paper that contains, 

reveals or refers to material so designated, shall be limited to: 

(a) Plaintiff and Defendants and related insurers, if any; 

(b) Individuals or consultants engaged or employed by the Chapter 7 

Trustee; 

(c) (i) Former employees, members, officers, or directors of 

LeClairRyan PLLC, ULX Partners, LLC, or UnitedLex Corporation, or (ii) current or former 

employees, members, officers, or directors of CVC Capital Partners, as well as counsel for any 

of the foregoing in subsections (i) and (ii), but only insofar as they are identified as an originator, 

signatory, author, addressee, or recipient or otherwise a person with knowledge relating to the 

subject matter of the “CONFIDENTIAL” material about which they are to be questioned. All of 

the foregoing must execute the Declaration referenced below in Section 11(1)(g) prior to the 

receipt of Protected Material, and such Declaration shall be retained by the party disclosing 

Protective Material until the conclusion of this action. 

(d) Counsel for the Parties, including all of such counsel’s respective 

partners, counsel, and associates related to this matter. To the extent any such counsel is not of 

record in this matter, such counsel shall execute the Declaration referenced below in Section 

11(1)(g) and such Declaration shall be retained by the party disclosing Protective Material until 

the conclusion of this action. For the sake of clarity, (a) both Foley & Lardner LLP and 

Tavenner & Beran are counsel of record for Plaintiff, and (b) Greenberg Traurig, LLP is counsel 

of record for Defendants. 

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(e) The clerical employees of all counsel (including, but not limited to, 

secretaries, paralegals, and clerks) actually assisting counsel in connection with this action; 

provided, however, that such employees’ access is only to the extent necessary to perform their 

duties; 

(f) In addition to UnitedLex, independent copy and litigation support 

services solely for purposes of making copies, preparing exhibits, or otherwise assisting in the 

preparation of discovery or trial materials for use in the action, including outside vendors hired to 

process electronically stored documents; 

(g) Nonparty experts, investigators, or consultants, including their 

secretarial and clerical personnel, retained to assist counsel in this action. Such nonparty experts, 

investigators, or consultants must, prior to receiving Protected Material, execute the Declaration. 

Such Declaration shall be retained by the party disclosing Protective Material until the 

conclusion of this action; 

(h) Court reporters involved in transcribing depositions or other 

proceedings in this action, and videographers involved in recording depositions, provided that 

they agree to be subject to the terms of this Protective Order and provided that they are supplied 

“CONFIDENTIAL” material only to the extent necessary to perform their duties; 

(i) The Court and Court personnel involved with this action; 

(j) Witnesses who are deposed in this action or who are called as 

witnesses at any hearing in this action, but only (1) in preparation for the deposition or hearing, 

(2) during the deposition or hearing, or (3) in connection with the witness’s review of the 

deposition transcript, and only under the following circumstances: 

(i) any witness may be shown material in which the witness is 

identified as an originator, signatory, author, addressee, or 

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recipient of the original or a copy, and may be questioned 

concerning the material; provided, however, this provision 

does not limit the parties’ use of Confidential materials 

during deposition questioning of any person identified in 

Paragraph 11(b); 

(ii) any witness selected by a designating party to provide 

testimony pursuant to Rule 30(b)(6) may be shown that 

party's “CONFIDENTIAL” material, and may be 

questioned concerning the material; and 

(iii) Each recipient of material designated as 

“CONFIDENTIAL” shall maintain such material in a 

secure, safe manner and exercise reasonable care and 

precautions with respect to the storage, custody, use, and 

dissemination of such material. 

(k) Other persons, only by written consent of the designating party or 

upon order of the Court and on such conditions as may be agreed or ordered. 

(2) designated as “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES 

ONLY” under this Protective Order, and to any portion of any transcript, brief, affidavit, letter, 

memorandum, or other paper that contains, reveals, or refers to material so designated, shall be 

limited to: 

(a) Counsel for Plaintiff and Defendants; 

(b) Counsel for persons identified in Paragraph 11(1)(c) above, each of 

whom shall execute the Declaration, and such Declaration shall be 

retained by the party disclosing Protective Material until the 

conclusion of this action; 

(c) The clerical employees of counsel (including but not limited to 

secretaries, paralegals, and clerks) actually assisting such counsel in 

connection with this action; provided, however, that such employees’ 

access is only to the extent necessary to perform their duties; 

(d) Independent copy and litigation support services solely for purposes of 

making copies, preparing exhibits, or otherwise assisting in the 

preparation of discovery or trial materials for use in the action; 

(e) Nonparty experts, investigators, or consultants, including their 

secretarial and clerical personnel, retained to assist counsel in this 

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action. Such nonparty experts, investigators, or consultants must, prior 

to receiving Protected Material, execute the Declaration. Such 

Declaration shall be retained by the party disclosing Protective 

Material until the conclusion of this action. 

(f) Court reporters involved in transcribing depositions or other 

proceedings in this action, and videographers involved in recording 

depositions, provided that they agree to be subject to the terms of this 

Protective Order and provided that they are supplied 

CONFIDENTIAL material only to the extent necessary to perform 

their duties; 

(g) The Court and Court personnel involved with this action; 

(h) Witnesses who are deposed in this action or who are called as 

witnesses at any hearing in this action, but only (1) in preparation for 

the deposition or hearing, (2) during the deposition or hearing, or (3) in 

connection with the witness’s review of the deposition transcript, and 

only under the following circumstances: 

(i) any witness may be shown material in which the witness is 

identified as an originator, signatory, author, addressee, or 

recipient of the original or a copy, and may be questioned 

concerning the material; for clarification; 

(ii) any witness selected by a designating party to provide testimony 

pursuant to Rule 30(b)(6) may be shown that party's “Highly 

Confidential – Attorneys’ Eyes Only” material, and may be 

questioned concerning the material; and 

(iii) Each recipient of material designated as “Highly Confidential – 

Attorneys’ Eyes Only” shall maintain such material in a secure, 

safe manner and exercise reasonable care and precautions with 

respect to the storage, custody, use and dissemination of such 

material; and 

(i) Other persons, only by written consent of the designating party or 

upon order of the Court and on such conditions as may be agreed or 

ordered. 

12. Except upon consent of the designating party or upon order of the Court, any and 

all material designated as Protected Material that is produced, served or otherwise made 

available by the designating party to the other party during the course of this action, together 

with all reproductions, copies, abstracts, indices or summaries of such material, shall be used and 

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disclosed, in accordance with this Protective Order, only for preparation and presentation of this 

action, including use as evidence and/or in connection with deposition testimony and trial 

testimony, and for no other purpose whatsoever. 

13. No provision in this Protective Order is intended to provide for the prospective 

filing of material under seal with the Court, except as may be provided in any ruling or order 

entered by this Court. Any party intending to file material under seal with the Court must 

comply with Court orders, rulings, procedures and/or requirements of the Local Rules, as 

applicable. 

14. The party that files with this Court any material under seal shall retrieve such 

material from the Court within 60 days after the expiration of the time to file a notice of appeal 

(if no appeal is filed), the filing of the mandate or final order from the Court of Appeals (if an 

appeal was filed and the case is not reopened as a result of the terms of the mandate or order), or 

the dismissal as to all parties and claims. If the filing party fails to remove the material within 

that period, this Court shall, and its option, either return the material to the filing party or destroy 

the material. 

15. Production of any material without a designation of confidentiality will not be 

deemed to waive a later claim as to its proper designation and will not prevent the designating 

party from subsequently designating that material as “CONFIDENTIAL” or “HIGHLY 

CONFIDENTIAL – ATTORNEYS’ EYES ONLY.” Once re-designated, the material shall 

thereafter be treated as if it had originally been designated as Protected Material, and the 

receiving party, on notification of the re-designation, must make a reasonable effort to assure that 

the document is treated in accordance with the provisions of this Protective Order. Any such redesignation shall have only a prospective effect on the parties’ treatment and handling of the 

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material, and shall not serve as a basis to in any way prejudice or penalize the receiving party’s 

prior treatment or handling of the material. If the receiving party objects to the re-designation, it 

shall provide the re-designating party written notice of and basis for its objection; if the parties 

are unable to resolve the matter, the receiving party may file a motion with the Court seeking an 

order not to redesignate the subject material. The re-designation shall remain in effect, and be 

complied with by the parties, until the Court issues its order. 

16. If material designated as Protected Material is disclosed to any person other than 

in the manner authorized by this Protective Order, the party responsible for the disclosure must 

immediately bring all pertinent facts relating to such disclosure to the attention of the designating 

party, and without prejudice to the rights and remedies of the designating party, make every 

effort to retrieve the improperly disclosed material and to prevent further unauthorized disclosure 

on his/its own part or on the part of the recipient of such material. 

17. If a receiving party is served with a subpoena or an order issued in other litigation 

that would compel disclosure of any material or document designated in this action as Protected 

Material , the receiving party must notify the producing party, in writing, immediately and in no 

event more than three (3) business days after receiving the subpoena or order. Such notification 

must include a copy of the subpoena or court order. 

18. The receiving party also must immediately inform in writing the party who caused 

the subpoena or order to issue in the other litigation that some or all of the material covered by 

the subpoena or order is the subject of this Protective Order. In addition, the receiving party 

must deliver a copy of this Protective Order promptly to the party in the other action that caused 

the subpoena to issue. 

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19. The purpose of imposing these duties is to alert the interested persons to the 

existence of this Protective Order and to afford the designating party in this case an opportunity 

to try to protect its Confidential Information in the court from which the subpoena or order 

issued. The producing party shall bear the burden and the expense of seeking protection in that 

court of its Confidential Information, and nothing in these provisions should be construed as 

authorizing or encouraging a receiving party in this action to disobey a lawful directive from 

another court. The obligations set forth in this Paragraph remain in effect while the receiving 

party has in its possession, custody, or control Confidential Information produced by another 

party. 

20. Nothing in this Protective Order shall be construed as requiring disclosure of 

material not otherwise discoverable, such as privileged materials, materials subject to protection 

under the work product doctrine, or materials that are otherwise beyond the scope of permissible 

discovery. 

21. Nothing in this Protective Order shall be construed to prevent a party or nonparty 

from seeking such further protections regarding confidentiality as may be appropriate. 

22. Nothing in this Protective Order shall be construed as a waiver by a party of any 

objections that might be raised as to the admissibility at trial of any evidentiary materials. The 

designation or non-designation of any material under this Protective Order shall not be 

admissible as evidence in this action for any purpose; nor shall it have any effect on the 

admissibility or inadmissibility of any material as evidence in this action. A party that intends to 

present or that anticipates that another party may present Confidential Information at trial shall 

bring that issue to the Court’s and parties’ attention by motion or in a pretrial memorandum 

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without disclosing the Confidential Information. The Court may thereafter enter such orders as 

are necessary to govern the use of such documents or information at trial. 

23. Within sixty (60) days after final termination of this action, all material 

designated as Protected Material that has been produced, served or otherwise made available by 

the designating party during the course of this action, together with all reproductions, copies, 

abstracts, indices or summaries thereof, shall be destroyed or delivered to counsel for the 

designating party, at the receiving party's election, except that counsel of record for each party 

may retain a complete set of his/its case files for this action, including all pleadings, depositions, 

discovery responses, and correspondence designated as Protected Material or incorporating 

material designated as Protected Material. 

24. If material that is subject to a claim of attorney-client privilege, work product or 

other immunity is inadvertently or mistakenly disclosed, such disclosure shall in no way 

prejudice or otherwise constitute a waiver of, or estoppel as to, any claim of privilege or 

immunity for such information. If a party has inadvertently or mistakenly disclosed information 

subject to a claim of immunity or privilege, upon written request made by the disclosing party 

within twenty-one (21) days of discovery of such inadvertent or mistaken disclosure, the 

information for which a claim of inadvertent disclosure is made, including all copies, shall be 

returned within five (5) business days of such request. All copies (electronic and paper) of 

inadvertently or mistakenly disclosed documents shall be destroyed, and any document or 

material information reflecting the contents of the inadvertently disclosed information shall be 

expunged. Moreover, if counsel for a non-producing party receives material in a production 

that in their own independent personal discretion appears likely to be subject to a claim of 

privilege from a producing party, counsel for the non-producing party will segregate such 

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material and in due course notify counsel for the producing party of the material likely to be 

privileged so that the producing party may request its return consistent with the terms of this 

paragraph. 

25. This Protective Order shall be subject to modification by the Court on its own 

initiative or on motion of a party. 

26. Any party found by the Court not to be acting in good faith with respect to the 

designations of materials discussed herein shall be subject to any and all appropriate relief from 

the Court, provided however, that no party shall move for such relief without having first 

provided the party alleged to have violated this Protective Order with a reasonable opportunity to 

cure any purported violation. 

27. This Protective Order is entered based on the representations and agreements of 

the parties and for the purpose of facilitating discovery. Nothing herein shall be construed or 

presented as a judicial determination that any document or material designated as Confidential 

Information by counsel or the parties is entitled to protection under the Federal Rules of 

Bankruptcy Procedure, the Federal Rules of Civil Procedure, the Federal Rules of Evidence, the 

Local Rules of the United States Bankruptcy Court for the Eastern District of Virginia, or 

otherwise until such time as the Court may rule on a specific document or issue. 

28. This Protective Order shall take effect when entered and shall be binding upon all 

counsel and their law firms, the parties, and persons made subject to this Protective Order by its 

terms. 

29. This Protective Order shall remain in effect after the final termination of this 

action, unless otherwise ordered by the Court. 

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21 

IT IS SO ORDERED 

 Date: 

 Richmond, Virginia Honorable Kevin R. Huennekens 

 United States Bankruptcy Judge 

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We ask for this: 

/s/ Brittany J. Nelson 

Erika L. Morabito (VSB No. 44369) 

Brittany J. Nelson (VSB No. 81734) 

FOLEY & LARDNER LLP 

3000 K Street, NW, Suite 600 

Washington, DC 20007-5109 

(202) 672-5300 (telephone) 

(202) 672-5399 (facsimile) 

emorabito@foley.com 

bnelson@foley.com 

Special Counsel to Lynn L. Tavenner, Esq., 

Chapter 7 Trustee 

/s/ Thomas J. McKee, Jr. 

Thomas J. McKee, Jr. (VSB No. 68427) 

GREENBERG TRAURIG, LLP 

1750 Tysons Boulevard, Suite 1000 

McLean, Virginia 22102 

Telephone: (703) 749-1300 

Facsimile: (703) 749-1301 

mckeet@gtlaw.com 

milmoeg@gtlaw.com 

bargerd@gtlaw.com 

and 

J. Gregory Milmoe (admitted pro hac vice) 

Greenberg Traurig, LLP 

One International Place, Suite 2000 

Boston, MA 02110 

Telephone: (617) 310-6064 

Email: milmoeg@gtlaw.com 

Counsel to Defendants

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CERTIFICATION OF ENDORSEMENT, 

UNDER LOCAL BANKRUPTCY RULE 9022-1(C) 

Pursuant to Local Bankruptcy Rule 9022-1(C), I hereby certify that the foregoing 

proposed order has been endorsed by or served upon all necessary parties. 

/s/ Brittany J. Nelson 

Brittany J. Nelson 

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EXHIBIT A 

Declaration 

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ACTIVE 54901251v3 

IN THE UNITED STATES BANKRUPTCY COURT 

FOR THE EASTERN DISTRICT OF VIRGINIA 

Richmond Division

In re: 

LECLAIRRYAN PLLC, 

 Debtor. 

______________________________________

Lynn L. Tavenner, as Chapter 7 Trustee, 

 Plaintiff, 

vs. 

ULX Partners, LLC and UnitedLex 

Corporation, 

 Defendants. 

Chapter 7 

Case No. 19-34574 (KRH) 

Adv. Proc. No. 20-03142-KRH 

DECLARATION OF: __________________________________ 

I, ___________________________, declare and state under penalty of perjury that: 

1. My address is:_______________________________________________________; 

2. My present employer is ___________________________________ and the address of 

my present employer is: __________________________________________________. 

3. My present occupation or job description is: __________________________________. 

4. I have received a copy of the Stipulated Protective Order Regarding the Disclosure and 

Use of Confidential Information (the “Protective Order”) in this action, which Order 

was entered on: _________.1

5. I have read and understood all of the provisions of the Protective Order. 

6. I will comply with all of the provisions of the Protective Order. 

 

1

 Capitalized terms not defined herein shall have the meaning ascribed to them in the Protective Order. 

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3 

7. I will hold in confidence, will not disclose to anyone not qualified under the Protective 

Order, and will use only for purposes of this action or any related action, any Protected 

Material that is supplied to me. 

8. I will return each document and each other tangible thing that discloses or reveals any 

Protected Material to the attorney who provided such document or other tangible thing to 

me. Moreover, I will deliver any copies, abstracts, summaries, notes, or other records 

regarding the contents of any Protected Materials to the attorney who provided such 

Protected Material to me. Alternatively, with the consent of the attorney who provided 

such Protected Material to me, I will confirm that I have destroyed all such Protected 

Material. 

9. I hereby submit to the jurisdiction of the United States Bankruptcy Court for the Eastern 

District of Virginia for the purpose of enforcement of the Protective Order. 

I declare, pursuant to 26 U.S.C. § 1746, under penalty of perjury, that the foregoing is 

true and correct to the best of my knowledge, information and belief. 

Dated: _________________ 

 

 _________________________________ 

 Name: 

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