It’s an old cliché that the law loves to talk. I spent a couple minutes (hi, Judge Holmes) the other day talking to a colleague out West about a cool tactical move he pulled, and we both gave Judge Elizabeth A. (“Tex”) Copeland a kind mention. Win or lose, you get a fair shake.

While perhaps the trusty attorneys for Point72 Asset Management, L.P., Point72 Capital Advisors, Inc., Tax Matters Partner, Docket No. 12752-23, filed 7/30/24, might grumble at the foregoing, voicing a couple objurgations and colorful metaphors, I’m sure they’ll calm down.

Because they got a fair shake.

Trying to get IRS’ understanding of abstract principles of law in discovery is a no-no. Maybe they might have done better had they been a wee bit subtle, but check out Order at p. 3, discussion of Interrogatory 2.  And IRS can produce business records in lieu of responses, per Rule 71(e).

But IRS should know by now that when they want to exclude documents or testimony based on privilege, they’d best brandish a privilege log, with chapter and verse.

Point72’s trusty attorneys can always try again as they keep on with discovery.