t Zwim was aware of or participated in any of the financial or accounting improprieties. 105. The Company kept the SEC apprised of the progress of Gibson Dunn's work, and the results of the Gibson Dunn investigation were provided to the SEC as part of the Company's cooperation with the SEC's investigation.

Zwim, et al. 09 Civ. 6441 (PGG) (the "Gruss Action"). In the Gruss Action, Mr. Gruss claims that Mr. Zwirn and DBZ somehow defamed him by reporting Gibson Dunn's conclusions to DBZ's investors and that his partnership interest in DBZ was forfeited unjustly. DBZ has counterclaimed against Mr. Gruss for breach