Epstein Secrets

nd no reason why Mr. Zwirn would have entertained such an agreement. According to Mr. Epstein, in phone calls with Mr. Zwirn and, separately, with Glenn Dubin, the source of Mr. Epstein's original introduction to Mr. Zwirn and a co- owner of the Fund's General Partner through an entity called Dubin & Swieca

all the money he had in the Fund. These communications allegedly culminated in a November 13 conference call among Mr. Epstein, Mr. Zwirn, and Mr. Dubin, in which Mr. Zwirn, worried that a complete withdrawal by Mr. Epstein would precipitate a "run on the bank," allegedly promised Mr. Epstein that t

requires "enforce[ment of] the objectively reasonable interpretation that emerges." United Rentals, Inc. v. RAM Holdings, Inc., 937 A.2d 810, 835 (Del. Ch. 2007). As we now discuss, if the Arbitrator examines the LPA from the perspective of a third person with any knowledge of hedge funds, the practic

(Del. Ch. 1992) 48, 49 AT&T Corp. v. Lillis, 953 A.2d 241 (Del. 2008) 30 BASF Corp. v. POSM H Props. P'ship, LP, 09 Civ. 3608, 2009 WL 522721 (Del. Ch. March 3, 2009) 36 Chrysler Corp. v. Chaplake Holdings, Ltd., 822 A.2d 1024 (Del. 2003) 42 Citadel Holding Corp. v. Roven, 603 A.2d 818 (Del. 1

of Facts 2 A. Mr. Zwirn's Personal Background 2 B. DBZ Background 2 I. DBZ's Investment Strategy 3 2. Mr. Zwirn's Role at DBZ 3 3. Mr. Dubin's Involvement with DBZ 4 4. DBZ's Lock-Ups 4 C. Mr. Epstein's Relationship with Mr. Dubin 6 D. FTC's Investments in the Fund 7 E. Account

ers. In 2000, Michael Dell's investment firm hired Mr. Zwim to start and serve as the portfolio manager of its Special Opportunities Group. In 2001, Glenn Dubin, the co-founder of Highbridge Capital Management ("Highbridge"), recruited Mr. Zwim to serve as a managing director and the senior portfolio manage

Conclusion 31 EFTA00613905 TABLE OF AUTHORITIES CASES A.R. DeMarco Enters., Inc. v. Ocean Spray Cranberries, Inc., Page(s) 2002 WL 31820970 (Del. Ch. Nov. 26, 2002) 29 Anglo Amen Sec. Fund, L.P. v. S.R. Global Int'! Fund, L.P., 2006 WL 1494360 (Del. Ch. May 24, 2006) 20 BAE Sys. N. Am. Inc. v

uld only "take it or leave it," Mr. Epstein had significant bargaining power in his dealings with the Fund. (See, e.g., E-mail from Mr. Zwim to Mr. Dubin, Ex. I ("We have done back flips for Jeffrey [Epstein] and, as a large, early and important investor, will continue to do so at his convenience.").

1997). A court determines whether an interpretation is "reasonable" from the perspective of a third party. Dittrick v. Chalfant, 948 A.2d 400, 406 (Del. Ch. 2007) ("[If] a reasonable third party would be unable to determine the meaning of certain contractual provisions, the agreement is considered ambi