EXHIBIT 

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Case 21-18199-LMI Doc 35-1 Filed 01/14/22 Page 1 of 6
UNITED STATES BANKRUPTCY COURT

SOUTHERN DISTRICT OF FLORIDA

MIAMI DIVISION

www.flsb.uscourts.gov

In re: 

Leonardo Rozenblum Trosman and 

Fabian Elias Rozenblum Gorel Chapter 15

Debtors in a Foreign Proceeding. Case No.: 21-18199-LMI

_________________________________/

CONFIDENTIALITY AGREEMENT

IT IS HEREBY STIPULATED AND AGREED by and between the Uruguayan 

Association of Experts (“AUPE”), represented by Daniel Germán and Gabriel Ferreira (“Foreign 

Representatives”), the duly appointed liquidator of Leonardo Rozenblum Trosman and Fabian 

Elias Rozenblum Gorel (the “Debtors”), and non-party subpoena recipientThe Bank of New York 

Mellon and BNY Mellon, N.A., (the “Disclosing Party”), by and through their respective 

undersigned counsel, that:

1. The term “Confidential Information” as used in this Agreement means any nonpublic record, document, thing, or information that is entitled to protection under 11 U.S.C. § 

107(b) and is labeled “Confidential” by the Disclosing Party, except as specified in paragraph 7. 

Notwithstanding anything in this Agreement to the contrary, the designation by the Disclosing

Party of information as “Confidential” is intended to facilitate the expeditious production of 

information requested by the Subpoena and is not (and shall not be construed as) a determination 

that such information qualifies as confidential under applicable law. Accordingly, this 

Agreement shall not preclude the Foreign Representatives from requesting the Court in this case, 

upon notice and opportunity for hearing, to determine that any Confidential Information is not 

confidential under applicable law.

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2. The Foreign Representatives and its counsel shall not use Confidential 

Information for any purpose other than (a) in the U.S. Chapter 15 Case, (b) in the Debtors’

liquidation proceedingpending before the Juzgado Letrado de Concursos de 2o Turno in Uruguay

(the “Foreign Main Proceeding”), (c) in connection with pending or contemplated litigation, 

including adversary proceedings, related to or in connection with the U.S. Chapter 15 Case or 

the Foreign Main Proceeding, and (d) judicial and extra-judicial investigations pursued by the 

Foreign Representatives (if any) in connection with the liquidation estate of the Debtors

(collectively, the “Matter”). 

3. The Foreign Representatives and its counsel shall not use or disclose Confidential 

Information to any person or entity, directly or indirectly, for any purpose not directly related to 

the Matter and shall not voluntarily disclose Confidential Information to any person other than 

the staff of the Foreign Representatives; retained attorneys, accountants, or advisors of the 

Foreign Representatives; staff of retained attorneys, accountants, or advisors of the Foreign 

Representatives;the courts where judicial proceedings related to the Matter are pending and such 

court’s staff; any creditors’ committee for the Debtors; and any expert witnesses retained by the 

Foreign Representatives in connection with the Matter (collectively, the foregoing persons shall 

be referred to as the “Permitted Persons”).

4. Except when not permitted by law or court order, any Party to whom Confidential 

Information has been furnished who receives from any non-party (including natural persons, 

corporations, partnerships, firms, governmental agencies, departments or bodies, boards, or 

associations) a subpoena or other process that seeks production or disclosure of Confidential 

Information shall give written notice by e-mail to counsel for the Disclosing Party by the earlier 

of the business day occurring (a) five (5) business days prior to the date that documents are 

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required to be produced under the subpoena or other process or (b) ten (10) business days after 

actual service of the subpoena or other process. The term “business days” used in this paragraph 

means days on which the courts are open in the jurisdiction in which the subpoena or other 

process is issued.The written email notice shall be sent to all the email addresses in the signature 

block of this Agreement and shall include a copy of the subpoena or other process. If the 

Disclosing Party informs the Foreign Representatives that the Disclosing Party will take action 

to maintain the confidentiality of the Confidential Information, the Foreign Representatives shall 

refrain, to the extent legally permissible under the law governing the subpoena or other process, 

from disclosing the Confidential Information until the Disclosing Party’s efforts are resolved. 

5. In the event the Foreign Representatives seeks to file any document containing 

Confidential Information with any court or tribunal in any jurisdiction, the Foreign 

Representatives shall request that the Confidential Information be filed and maintained under 

seal, redacted from any public filing, or otherwise protected in accordance with the law 

applicable in that court or tribunal. The Foreign Representatives has no obligation to withdraw 

from a court file any document containing Confidential Information for which the court or 

tribunal denies or later revokes such protections.

6. If and to the extent the Foreign Representatives is required to disclose 

Confidential Information for purposes directly relating to the Matter to any person or entity other 

than the Permitted Persons, the Foreign Representativesshall first seek a written agreementfrom 

such person or entity that such person or entity will treat the documents as Confidential in 

accordance with this agreement. If such person or entity refuses to provide such an agreement, 

the Foreign Representatives shall not provide or make available to such person any Confidential 

Information.

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7. The Foreign Representatives and the Disclosing Party agree that the obligations 

embodied herein shall not apply to information already in the public domain, or already in the 

possession of the Foreign Representatives or its counsel, consultants, or experts, or obtained from 

a third party not under any obligation of confidentiality.

8. Notwithstanding anything in this Agreement to the contrary, the designation by the 

Disclosing Party of information as “Confidential” is intended to facilitate the expeditious 

production of information requested by the Subpoenas and is not (and shall not be construed as) a 

determination that such information qualifies as confidential under applicable law. Accordingly, 

this Agreement shall not preclude the Foreign Representatives from requesting the Court in this 

case, upon notice an opportunity for hearing, to determine that any Confidential Information is not 

confidential under applicable law. 

9. The obligations under this Agreement shall survive the termination of the Matter 

or the enforcement proceedings related to the Matter, and continue to bind the Foreign 

Representatives and the Disclosing Party.

10. Nothing in this Agreement shall affect the Disclosing Party’s current or future 

objections to the Subpoenas, or any rights with respect to the Subpoenas or otherwise. All such 

rights are reserved and not waived.

11. If the Disclosing Party gives notice to the Foreign Representatives that certain 

produced material was inadvertently produced and is subject to a claim of privilege, work 

product, or other protection or immunity, such inadvertent production shall not be deemed a 

waiver of privilege, work product, or other immunity, and the obligations of the Foreign 

Representatives shall be as set forward in Fed. R. Civ. P. 26(b)(B).

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12. If the Disclosing Party gives notice to the Foreign Representatives that certain 

produced material was inadvertently produced without a confidentiality label, such inadvertent 

production shall not be deemed a waiver of confidentiality, and the obligations of the Foreign 

Representatives shall be to treat such material as Confidential Information under this Agreement

beginning on the date such notice is received.

13. This stipulation may be signed by counsel in counterparts with the same force and 

effect as if all signatures appear on one document. Copies of or electronic signatures shall have 

the same force and effect as original signatures.

14. This Agreement shall be governed by, and construed and interpreted in accordance 

with, the law applicable in the State of Florida without regard to conflict of law provisions that 

may call for the application of foreign law. Any action or proceeding related in any way to this 

Agreement shall be brought in the United States Bankruptcy Court for the Southern District of 

Florida, and all Parties consent to its jurisdiction for this purpose.

Dated: January 3, 2022 

By: _ 

 

SEQUOR LAW, P.A.

1111 Brickell Avenue, Suite 1250

Miami, Florida 33131

Telephone: (305) 372-8282

Edward H. Davis, Jr.

Fla. Bar No.: 896667

edavis@sequorlaw.com

Carolina Z. Goncalves 

Fla. Bar No.: 124570

cgoncalves@sequorlaw.com

 

Counsel for the Foreign Representatives

By:______________________________

 

The Bank of New York Mellon and BNY 

Mellon, N.A. 

500 Grant Street, Suite 1915

Pittsburgh, PA 15258

Telephone: (412) 234-7847

Christopher J. Soller

Christopher.soller@bnymellon.com 

Counsel for The Bank of New York 

Mellon and BNY Mellon, N.A.

f 

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