Tobacco Documents Online

KASOWITZ, BENSON, TOEEES & FRIEDMAN 1301 AVENUE OF THEAMERlCiS NEW YORK, NEW YORK Ioo1998022 WNIT[F'9 OINECI CIIL NUMBER 212-506-1700 PAC9 M ILE: 2I2-5 o6d 800 (212) 506-1721 7oo InULSUwASmetT NOUSON.'IEx~ 77002 7132z66eo0 LLP September 8, 1998 By Facsimile and Regular Mail Walter P. Loughlin, Esq. Latham & Watkins 885 Third Avenue Suite 1000 New York, New York 10022 Re: _B_r_ooke Groun Ltd. and• Livczett GrouD Inc. Dear Mr. Loughlin: Your August 28 letter's premise (i.e., Liggett apparently agrees that Latham & Watkins possesses Liggett-related documents to which Liggett is not entitled access) is false. I suggest you reread my letters to you of August 7 and 13 for a better understanding of Liggett's position. The remaining contentions in your letter concerning the right of former counsel and unidentified third parties to prohibit a client and its current counsel from gaining immediate access to its former counsel's work product are (and have been) legally baseless. You raise in your August 28 letter -- for the first time -- the existence of "unpaid balances" for work purportedly performed by Latham & Watkins on behalf of Liggett. Please have forwarded to me as soon as possible Latham & Watkins' billing records reflecting the purported unpaid balances and the work performed. If Latham does not change its position, and immediately permit Liggett's present counsel access to the Liggett-related documents in Latham's possession, we will take all steps necessary to protect Liggett's interests. Very truly yours, hs o Aaron H. Marks 00 A Pu w W ~ J

KA3OWITZ, BENSON, TORRES & FEIEDMAN LLP cc: Stanley S. Arkin, Esq. Marc E. X.asowitz, Esq. Daniel R. Benson, Esq. Marc N. Bell, Esq: A.U.S.A. Philip Urofsky .