Why Is A Fusion GPS Attorney Risking Sanctions?
Authored by TechnoFog via The Reactionary (emphasis ours)  Fusion GPS attorneys have been accused of violating ethics rules in the case theyre defending against Alfa Bank. Background  In 2017, the owners of Alfa Bank (well call them Alfa Bank for the purposes of this article) sued Fusion GPS and Glenn Simpson for their publication of false statements accusing the bank of bribery, extortion, and interference in the 2016 U.S. Presidential Election.  As a reminder, it was Fusion GPS and Glenn Simpson who, along with others, created and spread bogus Trump/Russia dossiers to government officials and the media. This was then used to justify the Foreign Intelligence Surveillance warrants on Carter Page to spy on Page and those associated with President Trump. We previously reported that Alfa Bank filed a motion to compel, asking the Court to require Fusion GPS and Glenn Simpson to produce documents withheld as privileged. These documents included communications with Glenn Simpson and others concerning the false Alfa Bank allegations. Fusion/Simpson have fought the production of the documents, arguing that they are subject to the attorney-client privilege and otherwise privileged and not subject to production. We observed these are extremely weak arguments, as the dossiers were political research not subject to the protections afforded by attorney-client privilege. Alfa Bank argued the same to the Court:  Latest Developments  Things have taken a strange turn. Today, attorneys for Plaintiffs (Alfa Bank, et. al) informed the Court that Bill Taylor, an attorney for Fusion GPS, was contacting third parties to establish back-channel lines of communication to start settlement talks. Ill let them explain:  Specifically, it is alleged that this settlement overture was made by the Fusion GPS lawyer before discovery allowed each side a look at the others internals.  As Alfa Bank makes clear, it is against the DC Courts local rules, as well as the DC Rules of Professional Conduct, to establish such back-channel lines of communication. Why this matters. This development is quite significant. During litigation, settlement offers are conveyed through the parties attorneys  not through back-channels. It seems that the Alfa Bank Plaintiffs are not willing to settle. By reaching out to the third party, the Fusion GPS attorney seems to be desperate to change their minds. We have a feeling that Fusion GPS (or its attorneys or both) are feeling the heat. There are nearly 500 critically important documents that Fusion GPS has allegedly improperly kept from the other side. May 2016 correspondence among Fusion GPS employees/principals, including Glenn Simpson, regarding their early work on Trump/Russia. Click here to read the rest, including dates and parties involved in various communications contained within the documents, along with TechnoFog's takeaway.