BAKER & HOSTETLER LLP 45 Rockefeller Plaza New York, New ...

10-04285-brl Doc 127 Filed 08/17/12 Entered 08/17/12 14:29:55 Main Document
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The Trustee is entitled to additional documents from UBS to explore the full nature of the
relationship between UBSFSL and BLMIS and Access’s New York office, and the services
provided and fees received with respect to Luxalpha and Groupement.
Second, jurisdictional discovery would also allow the Trustee to confirm his
understanding of UBSTPM’s organizational structure, personnel, duties and fees received with
respect to Luxalpha.
Third, jurisdictional discovery would enable the Trustee to confirm his assertions
regarding UBS SA’s numerous contacts with the United States. UBS SA’s documents and
correspondence about Luxalpha, Groupement, BLMIS, and Access, and the fees received by
UBS SA, would further reveal that UBS SA has minimum contacts with the United States
relating to the claims asserted.
B. Jurisdictional Discovery Is Warranted to Explore the Contacts that the
Moving Luxalpha Director Defendants Have with This Forum
The Moving Luxalpha Director Defendants assert they “had no direct involvement in the
day-to-day management and operations of Luxalpha” and “that the directors never received any
compensation for their service to Luxalpha.” (UBS Mot. at 22, 23.) However, documents
produced to the Trustee by UBS demonstrate that the Moving Luxalpha Director Defendants
authorized the establishment of Luxalpha and its exclusive business relationship with and
delegation of authority to BLMIS, approved Luxalpha’s prospectuses and financial statements,
outwardly supervised the investment restrictions applied to BLMIS, and managed the post-
collapse operations of Luxalpha, among other activities. Jurisdictional discovery from the
Moving Luxalpha Director Defendants (including their depositions), and from the Moving UBS
Defendants and UBS AG as concerning the Moving Luxalpha Director Defendants, would help
the Trustee establish each director’s responsibilities and actions with respect to Luxalpha, and
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