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IN THE UNITED STATES BANKRUPTCY COURT 

FOR THE EASTERN DISTRICT OF VIRGINIA 

(Richmond Division)

In re: 

LeClairRyan PLLC,1

Debtor. 

______________________________________ 

Lynn L. Tavenner, as Chapter 7 Trustee, 

Plaintiff, 

v. 

ULX Partners, LLC, UnitedLex Corporation, and 

ULX Manager, LLC, 

Defendants. 

Chapter 7 

Case No. 19-34574 (KRH) 

Adv. Proc. No. 20-03142 (KRH) 

MEDIATION ORDER REGARDING CONFIDENTIALITY 

Pursuant to Docket No. 142, this Court previously ordered judicial mediation (“the 

Mediation Order”) and appointed the Honorable Frank J. Santoro as judicial mediator (the 

“Mediator”). Pursuant to the Mediation Order, the Chief Judge hereby ORDERS the following: 

1

 The principal address of the Debtor as of the petition date was 4405 Cox Road, Glen Allen, Virginia 23060, and 

the last four digits of the Debtor’s federal tax identification number are 2451. 

____________________________________ 

Erika L. Morabito (VSB No. 44369) 

Brittany J. Nelson (VSB No. 81734) 

QUINN EMANUEL URQUHART & SULLIVAN LLP 

1300 I Street, N.W., Suite 900 

Washington, DC 20005 

(202) 538-8334 (telephone)

Email: erikamorabito@quinnemanuel.com

brittanynelson@quinnemanuel.com

Special Counsel to Lynn L. Tavenner, Chapter 7 Trustee

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1. The Mediation Parties include the following: (i) the Trustee; (ii) the Defendants;

(iii) Mr. Nicholas Hinton; (iv) Mr. Daniel Reed, and (v) all insurance carriers for the Defendants

or Mr. Hinton or Mr. Reed potentially responsible for paying fees, costs, any settlement, or a 

judgment in connection with the above-captioned Adversary Proceeding (or Adversary Proceeding 

No. 21-03095, pending against, among others, Mr. Hinton and Mr. Reed), along with any other 

insurance carrier for any Defendant as requested by the Mediator or as ordered by the Court (each 

an “Insurer” and, together, the “Insurers”) ((i) through (v) each a “Mediation Party” and, together, 

the “Mediation Parties”). 

2. All confidential documents produced or received by any Mediation Party and all

communications made by and all submissions prepared by a Mediation Party in connection with 

the Mediation, including but not limited to: (a) discussions among any of the Mediation Parties 

during the course of the Mediation; (b) discussions with or in the presence of the Mediator; 

(c) mediation statements and any other documents or information provided to the Mediator and/or

the Mediation Parties in the course of the Mediation; and (d) all correspondence, settlement 

proposals, counterproposals, term sheets and offers of compromise produced for, as a result of, or 

in connection with the mediation ((a), (b), (c) and (d) collectively, the “Settlement Proposals”)

shall remain confidential, shall not be made available to the public and, as applicable, shall be 

subject to the Protective Order; provided however, that (i) nothing in this Order shall operate to 

protect pre-existing documents, materials or information simply because it is shared with the 

Mediator or otherwise disclosed during the Mediation; and (ii) the Mediation Party making any 

such Settlement Proposal may agree to the disclosure of its own Settlement Proposal. The 

materials described in each of the foregoing clauses (a) through (d) of this paragraph shall: (w) be 

protected from disclosure (and shall not be disclosed) to any other person or party who is not a 

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Mediation Party except in accordance with this Order or an agreed-upon confidentiality agreement 

executed by the Mediation Party whose information is sought to be disclosed; (x) not constitute a 

waiver of any existing privileges and immunities; (y) not be used for any purpose other than the 

mediation; and (z) be subject to protection under Rule 408 of the Federal Rules of Evidence and 

any equivalent or comparable state law. For the avoidance of doubt, aside from use in these 

mediation proceedings, or as required for purposes of seeking Court approval of any settlement 

agreement that may be reached, the foregoing materials shall not be admissible, usable in any 

proceedings, or discoverable anywhere, absent consent of the Mediation Party whose materials are 

at issue. To the extent that there is a conflict between the Local Rules or the Protective Order, the 

terms of this Order shall govern any issues with respect to any Mediation Party’s disclosure of any 

Settlement Proposals. 

3. For the avoidance of doubt, the Mediation Parties and/or their respective counsel

and advisors shall not in any way disclose to any non-party or to any court, including, without 

limitation, in any pleading or other submission to any court, any such discussion, mediation 

statement, other document or information, correspondence, resolution or Settlement Proposal 

(subject to paragraph 2 of this Order) that may be made or provided in connection with the 

Mediation. 

4. Notwithstanding anything in this Order to the contrary, nothing in this Order shall

prevent a Mediation Party from disclosing information revealed during the Mediation to any 

insurers, reinsurers, experts retained for this litigation, and/or as may be required or requested by 

a governmental or regulatory entity with oversight or other authority over such party, that is within 

the oversight or other authority of such governmental or regulatory entity or required by statute or 

court order or other legal or regulatory requirements applicable to such party; provided, however, 

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that if such party is requested or required to disclose any information to any third party or 

governmental or regulatory authority, such party shall, to the extent not legally prohibited, provide 

the disclosing party with prompt written notice of such requirement prior to any disclosure and 

shall furnish only that portion of such information or take only such action as is legally required. 

Notwithstanding the foregoing, all communications made by and all submissions prepared by a 

Mediation Party in connection with the mediation shall not be provided to any governmental or 

regulatory authority (except for the US Trustee) absent a further Court order. 

5. Additionally, counsel to the Defendants may disclose information revealed in

connection with the Mediation to the Board of Directors of UnitedLex Corporation (“Board of 

Directors”) solely for the purposes of providing authority and/or authorization regarding settlement 

of this matter, so long as each member of the Board of Directors agrees to be bound by the terms 

and conditions of this Order and agrees to subject himself to the jurisdiction of this Court solely 

for purposes relating to the enforcement and/or interpretation of this Order, as well as any 

subsequent consent order as referenced below. Certifications of same can be presented to the Court 

by way of a subsequent consent order. Counsel for the Defendants will also obtain and provide 

certifications to the Court and the Trustee that all insurance carriers who are not parties to this 

Order agree to be bound by the terms and conditions of this Order (a written certification by 

counsel of such carrier shall be sufficient for these purposes). 

6. To the extent that any Mediation Party is in possession of privileged or confidential

documents and/or information provided to such party pursuant to the terms and conditions of the 

Protective Order, such information may, but shall not be required to, be disclosed to the Mediator 

or other Mediation Parties, but shall otherwise remain privileged and/or confidential. Any 

Mediation Party may provide documents and/or information to the Mediator that are subject to a 

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privilege or other protection from discovery, including the attorney-client privilege, the workproduct doctrine or any other privilege, right or immunity the parties may be entitled to claim or 

invoke (the “Privileged Information”). By providing the Privileged Information solely to the 

Mediator and no other party, neither the Mediation Party nor their respective professionals intends 

to, nor shall, waive, in whole or in part, the attorney-client privilege, the work-product doctrine or 

any other privilege, right or immunity they may be entitled to claim or invoke with respect to any 

Privileged Information or otherwise. Any work product, materials or information shared or 

produced by a Mediation Party with the Mediator, including Privileged Information, shall be 

subject to all applicable mediation privileges and shall not be shared by the Mediator with any 

other Mediation Parties without the consent of the sharing or producing party. 

7. Nothing in this Order is intended to, nor shall it, waive, release, compromise, or

impair in any way whatsoever, any claims or defenses that a party has or may have, whether known 

or unknown, in connection with or relating to acts or omissions that took place prior to entry of 

this Order. Further, to the extent that any documents that were provided by a Mediation Party that 

otherwise would have been required to be produced timely pursuant to Federal Rules of 

Bankruptcy Procedure 7026, 7034, or any other prior order of the Court, this Order shall not 

preclude any Mediation Party from using or disclosing such documents. 

8. To the extent that there is a conflict between the Local Rules, the Protective Order,

ECF 142, and/or ECF 162, the terms of this Order shall govern any issues with respect to any 

Mediation Party’s disclosure of any Settlement Proposals. 

9. This Court retains exclusive jurisdiction to enter supplemental orders concerning

all matters arising from or related to the implementation, interpretation and enforcement of this 

Order.

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IT IS SO ORDERED: 

ENTERED: , 2022 

The Honorable Chief Judge Frank S. Santoro 

United States Bankruptcy Judge 

WE ASK FOR THIS: 

 /s/ Erika L. Morabito

Erika L. Morabito (VSB No. 44369) 

Brittany J. Nelson (VSB No. 81734) 

QUINN EMANUEL URQUHART & SULLIVAN LLP 

1300 I Street, N.W., Suite 900 

Washington, DC 20005 

(202) 538-8334 (telephone)

Email: erikamorabito@quinnemanuel.com

 brittanynelson@quinnemanuel.com 

Special Counsel to Lynn L. Tavenner, Chapter 7 Trustee

SEEN AND AGREED: 

/s/ Thomas J. McKee

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

David G. Barger (VSB No. 21652) 

Greenberg Traurig, LLP 

1750 Tysons Boulevard, Suite 1000 

McLean, VA 22102 

Telephone: (703) 749-1300 

Facsimile: (703) 749-1301 

Email: mckeet@gtlaw.com 

 bargerd@gtlaw.com 

and 

$SULO V)UDQN-6DQWRUR

Entered on Docket: Apr 11 2022

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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 Defendant ULX Partners, LLC, 

ULX Manager LLC, UnitedLex Corporation, 

Daniel Reed, and Nicholas Hinton 

- and -

 /s/ Margaret T. Karchmer 

Margaret T. Karchmer 

Wiley Rein LLP 

2050 M Street, NW 

Washington, DC 20036 

(202)719-4198 (telephone)

Email: mkarchmer@wiley.law

Counsel to CNA

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CERTIFICATION 

 I hereby certify that, pursuant to Local Rule 9022-1, the foregoing proposed Order has been 

endorsed by and/or served on all necessary parties. 

 /s/Erika L. Morabito 

 Erika L. Morabito 

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