• On October 12, 2011, the Bankruptcy Court for the Southern District of New York brought TerreStar Network’s Chapter 11 bankruptcy proceeding one step closer to conclusion by approving the debtor’s $98 million settlement with two separate creditor groups over a certain purchase money credit agreement. TerreStar, in seeking approval of the settlement agreement, argued that it was “another important step toward reserving unsecured creditors’ recovering and concluding these Chapter 11 cases.” The court’s approval of the settlement follows its approval in July of DISH Network’s purchase of TerreStar for $1.4 billion. In re TerreStar Networks Inc., No. 10-15446 (S.D.N.Y. Br.).
  • Also on October 12, AT&T and the Department of Justice both opposed Google’s efforts to secure confidentiality protections beyond those already available to subpoenaed third parties under the protective order entered in suit to block AT&T’s acquisition of T-Mobile. Google wants additional notice if its documents are going to be disclosed to one of the party’s experts, or if they will be used at a pretrial hearing or at trial. Justice argued that the existing protective order “already affords a high degree of protection for confidential information,” and represented to the Court that it has assured Google it will attempt to give the additional notice whenever possible. AT&T stated that giving Google this notice would “unfairly and unreasonably restrict” AT&T’s ability to introduce Google’s confidential information “on cross-examination in order to impeach unexpected witness testimony.” United States v. AT&T Inc., No. 11-cv-01560 (D.D.C.).