Tobacco Documents Online

ARKIN SCHAFFER & KAPLAN LLP AtTOBNSIS At LAw ffSTAMEr S. ARIoN H».urv L Sa{AF'tx JeFFREY M. KAPLAN MARK S. COHEN Hovaen J. K+MJ+r+ ,•JoSEPl LEE MATALON COUNSEL ••HAnxv B. Fmvt MAinffW H. Hwoa-nac GEORGE F. MEmUtoFIIt STEVEN G. SANDERS RmF.cCnS. WAt.iCEn •Avurlen w NL' CA, DC -A~ w nn,Nl 1370 AvsNUS oF THE AMERICAS NEw Yoax, NEw YacK 10019-4602 7EL (212) 333-0200 - F.vc (212) 333-2350 WaR'ER'SDOteLTThnL (212) 333-0208 By Facsimile and Regular Mail Walter P. Loughlin, Esq. Latham & Watkins 885 Third Avenue Suite 1000 New York, New York 10022 July, 17, 1998 Dear Mr. Loughlin: In response to your letter of July 6, 1998, we are somewhat confused by your statement that, in order to "preserve the several privileges that apply to many of the documents," Latham & Watkins will be required to incur significant time and expense "before Liggett's lawyers can have access to any of the documents." Latham & Watkins is not required to, nor should it incur any time or expense in preserving the privileges that may attach to the documents because this firm, along with the firm of Kasowitz, Benson, Torres & Friedman, will be reviewing the document's for privilege purposes. These documents are, after all, Liggett's documents, and, as Liggett's lawyers, it is our job to ensure that the documents receive any protection to which they are entitled. With respect to the expense associated with "collecting" the documents, we merely ask that you send us our client's files. You need not photocopy the documents or do anything else to them, and we are happy to pick up the documents if that would be less burdensome to you. Another option is to provide us with the documents for copying at our expense, after which we could return a set of the documents to your firm, if you wish. As I explained in my letter to you of May 15, 1998, our request for Liggett's documents is in response to several subpoenas to Liggett from the Justice Department. The response dates for these subpoenas have tOF C~ro A~Gk~m& PwFS ur 21)49 Ctxtum P.wK Fwsr, 39rx Fltoa, [.as ANCmR CA 9 0 0 67-3213 (310) 551-916® FwY (310) 552{,07J 20$q,223605

Walter P. Loughlin, Esq. July 17, 1998 Page 2 long since passed, and it is the Justice Department, not we, who now await your firm's response to our request. Please keep that in mind as you determine your response. we look forward to hearing/fr94n you soon. e /~ Sta"nley S. yKrki cc: A.U.S.A. Philip Urofsky