EFTA00722554.pdf

Fried. Frank. Hargis. Skiver & Jacobson LIP One New York Plaza New York. New YON( 10004-1980 Tel: 41212.859.8000 Fax: +1.212.859.4000 www Direct Line: 212.859.8592 Fax: 212.859.8584 witzest@friedfrank.com December 5, 2006 FOIA CONFIDENTIAL TREATMENT CLAIM CONFIDENTIAL PURSUANT TO 17 CFR § 200.83 By Hand Delivery Robert H. Murphy, Esq. Branch Chief, Enforcement Branch 13 Northeast Regional Office United States Securities and Exchange Commission 3 World Financial Center Room 4300 New York, NY 10281 Re: D.B. Zwim & Co., L.P. Dear Mr. Murphy: On behalf of our client, D.B. Zwim & Co., L.P. 2006 confidentiality letter between the Staff and DBZ, November 28, 2006, we are voluntarily producing a which contains selected documents DBZ produced to DBZ 0000036 Bates-stam expenses is Bates-slam 0008271 - Alt does. --Cha i(ect,)c 9 olk 4 Semi 6 Ate IDBZ"), pursuant to the November 2!, • in response to your oral request on ey Documents Binder (with indices), e Staff on Novembe ocuments relating to fees is r 2 - tamped dex of key documents relating to airplane 73 — DBZ 0k 18274. If you have any questions or concerns with regard to these materials, please do hesitate to contact me. not This production is not intended to, and does not, waive any applicable privilege or protection, including the attorney-client privilege or work product protection. If any information that would be protected by the attorney-client privilege or work product doctrine was produced, such production was inadvertent and was not intended to be a waiver of any applicable privilege or protection and we respectfully request the return of such privileged material. Confidential Treatment Requested by Fried Frank Harris Shriver & Jacobson LLP DBZ 0008275 flew Yoh • Wasbaxsaa OC • London • Paris • coalition Fred. Flank Harris. Sanwa a .LICODSOX LIP it a Otani, limited Wait PanninIXP EFTA00722554 Filed, Frank, Harris, Shiver & Jacobson LLP One New York Plan New York, New York 10004-1980 Tel: +1.212.859.8000 Far .1.212.859.4000 vAvw.f Direct Line: 212.859.8592 Fax: 212.859.8584 witzest@friedfrank.com December 5, 2006 FOIA CONFIDENTIAL TREATMENT CLAIM CONFIDENTIAL PURSUANT TO 17 CFR § 200.83 By Hand Delivery Robert H. Murphy, Esq. Branch Chief, Enforcement Branch 13 Northeast Regional Office United States Securities and Exchange Commission 3 World Financial Center Room 4300 New York, NY 10281 Re: D.B. Zwim & Co., L.P. Dear Mr. Murphy: FRIED FRANK On behalf of our client, D.B. Zwim & Co., L ("DBZ"), pursuant to the November 14 and 21, 2006 confidentiality letters between the S and DBZ, we are voluntarily producing a Bates-stamped version of the binder of d• son, presentation to the Staff on December I, 2 (Bates-stamped DBZ 0008277 - DBZ 0008368). It is our understanding that upon receipt of the Staff will either return to us destroy, any existing un-bates versions of this bander it has in its possession. If you have any questions or concerns with regard to these materials, please do not hesitate to contact me. This production is not intended to, and does not, waive any applicable privilege or protection, including the attorney-client privilege or work product protection. If any information that would be protected by the attorney-client privilege or work product doctrine was produced, such production was inadvertent and was not intended to be a waiver of any applicable privilege or protection and we respectfully request the return of such privileged material. Confidential Treatment Requested by Fried Frank Harris Shrive: & Jacobson LLP DBZ 0008369 New WO • Washington DC • tendon • Psis • f palatal hie& Frank. Hauls. Ws* a Jacobson LLP Is a Draw. LW** Liability WNW* EFTA00722555 Filed, Frank. Harris, Driver E Jacobson LLP One New York Plaza New York, New York 10001.1980 Tel: +1.212.859.8000 Fax: ♦1.212.859.4000 sinvw.1 FRIED FRANK Direct Line: 212.859.8592 Fax: 212.859.8584 witzest@fiiedfrank.com January 9, 2007 FOIA CONFIDENTIAL TREATMENT CLAIM CONFIDENTIAL PURSUANT TO 17 CFR § 200.83 By Hand Delivery Robert H. Murphy, Esq. Branch Chief, Enforcement Branch 13 Northeast Regional Office United States Securities and Exchange Commission 3 World Financial Center Room 4300 New York, NY 10281 Re: D.B. Zwim & Co., L.P. Dear Mr. Murphy: On behalf of our client, D.B. Zwim & Co., L and 21, 2006 confidentiality letters between the binder of documents used in connecti Staff on January 9, 2007 (Bates-stamped D an a rbson, Dunn & Crutcher Z 0008373 - DBZ 0008536). RA\ DBZ"), pursuant to the November 14 voluntarily producing a presentation to the If you have any questions or concerns wi regar. o ese materials, please do not hesitate to contact me. This production is not intended to, and does not, waive any applicable privilege or protection, including the attorney-client privilege or work product protection. If any information that would be protected by the attorney-client privilege or work product doctrine was produced, such production was inadvertent and was not intended to be a waiver of any applicable privilege or protection and we respectfully request the return of such privileged material. On behalf of our client, we hereby claim that all materials provided to the Staff during the course of its investigation, including this letter (Bates-stamped DBZ 0008537 - DBZ 0008538), Confidential Treatment Requested by Fried Frank Harris Shriver & Jacobson LLP DBZ 0008537 Now York • Washington DC • Isogon • Pain • Frankbal frisk Frank Hams. Snares a Jacotnon UP is a Dalaware United Liability Panninswe EFTA00722556 FS4, Frank, Hauls. McIver I Jacobsen LLP One New York Pfau New York, New York 10004.1980 Tel +1.212859.8000 Fat +1.212.859.4000 Direct Line: 212.859.8592 Fax: 212.859.8584 January 11, 2007 FOIA CONFIDENTIAL. TREATMENT CLAIM CONFIDENTIAL PURSUANT TO 17 CFR § 200.83 BY Hand Delivery Kay L. Lackey, Assistant Regional Director Northeast Regional Office United States Securities and Exchange Commission 3 World Financial Center Room 4300 New York, NY 10281 Re: D.B. Zwim & Co., L.P. Dear Ms. Lackey: FRIED FRANK • On behalf of our client, D.B. Zwim & •..; L.P. ("DBZ"), pursuant to the November 14 and 21, 2006 confidentiality letters betwe the Staff and DB voluntarily producing a copy of both the PowerPo' used in connection with , & teller_s" presentation to the Staff on January 9, 2007 (Bates-stamped DBZ 0008539 - DBZ C000iwat 8626). Minor, non-substantive changes have been made to the PowerPoint slides for clarity ability. If you have any questions or concerns with regard to these materials, please do not hesitate to contact me. This production is not intended to, and does not, waive any applicable privilege or protection, including the attorney-client privilege or work product protection. If any information that would be protected by the attorney-client privilege or work product doctrine was produced, such production was inadvertent and was not intended to be a waiver of any applicable privilege or protection and we respectfully request the return of such privileged material. Confidential Treatment Requested by Fried Frank Harris Shriver & Jacobson LLP DBZ 0008627 New York • Waslitrytott DC • tendon • Pads • Franklurt MA Frank. Hartle. &whew 8 Jacobson LLP Is a Delaware Limited Liability Partnership EFTA00722557 Fried, Frank, Harris, Shriller & Jacobson LLP One New York Plaza New York New York 10004.1980 Tel: .1.212.859.8000 Fax: *1212.889.4000 Direct Line: 212.859.8592 Fax: 212.859.8584 witzest@friedfrank.com February 7, 2007 FOIA CONFIDENTIAL TREATMENT CLAIM CONFIDENTIAL PURSUANT TO 17 CFR § 200.83 By Rand Delivery Kay L. Lackey, Assistant Regional Director Northeast Regional Office United States Securities and Exchange Commission 3 World Financial Center Room 4300 New York, NY 10281 Re: D.B. Zwirn & Co., L.P. Dear Ms. Lackey: On behalf of our client, D.B. Zwim & Co., L and 21, 2006 confidentiality letters between the request on February 7, 2007, we arc Investors dated January 29, 200 FRI FD FRANK ("DBZ"), pursuant to the November 14 and DBZ, and in response to your oral emorandum to ales-stamped. DBZ 0008856 -DBZ 0008869). If you have any questions or concerns with regard to these materials, please do not hesitate to contact me. This production is not intended to, and does not, waive any applicable privilege or protection, including the attorney-client privilege or work product protection. If any information that would be protected by the attorney-client privilege or work product doctrine was produced, such production was inadvertent and was not intended to be a waiver of any applicable privilege or protection and we respectfully request the return of such privileged material. On behalf of our client, we hereby claim that all materials provided to the Staff during the course of its investigation, including this letter (Bates-stamped DBZ 0008870 - DBZ 0008871) the materials accompanying this letter (Bates-stamped DBZ 0008856 - DBZ 0008869), all documents produced, and all testimony provided by our client, are entitled to confidential treatment pursuant to the Freedom of Information Act. Each document has been appropriately Confidential Treatment Requested by Fried Frank Harris Shriver & Jacobson LLP DBZ 0008870 New York • Wasleredoe DC • leedon • Pads • Freakiest Frill, Frank, Mai* Slither & Jameson LIP is a Delaware Liniflol Liget). DutaarareD EFTA00722558 • Fried, Frank, Harris, Skriver d Jacobson LIP One New York Plaza New York, New York 10004-1980 Tel: +1.212.859.8000 Fax: +1.212.859.4000 www.1 Direct Line: 212.859.8592 Fax: 212 859 8584 March 20, 2007 FOIA CONFIDENTIAL TREATMENT CLAIM CONFIDENTIAL PURSUANT TO 17 CFR § 200.83 By Hand Delivery Kay L. Lackey, Esq. Assistant Regional Director Northeast Regional Office United States Securities and Exchange Commission 3 World Financial Center Room 4300 New York, NY 10281 Re: D.B. Zwim & Co., L.P. Dear Ms. Lackey: FRIED FRANK On behalf of our client, D. wirn & Co., L.P. ("DBZ”), pursuant to the November 14 and 21, 2006 confidentiality ers between the Staff and DBZ, we are voluntarily producing a binder & Crutcher's presentation to the Staff on March 20, 2007 to these materials, please do not This production is not intended to, and does not, waive any applicable privilege or protection, including the attorney-client privilege or work product protection. If any information that would be protected by the attorney-client privilege or work product doctrine was produced, such production was inadvertent and was not intended to be a waiver of any applicable privilege or protection and we respectfully request the return of such privileged material. On behalf of our client, we hereby claim that all materials provided to the Staff during the course of its investigation, including this letter (Bates-stamped DBZ 0009083 - DBZ 0009084), Confidential Treatment Requested by Fried Frank Harris Shriver & Jacobson LLP DBZ 0009083 New Tod • Wastargeod DC • Larcloo • Peals • Fraplar, Fried. Fiord. HAMS. Sbrinr .1 Jacabscee LLP If a Delaware Limited Leabildy Patiniuship EFTA00722559 Fried, Frank, Harris, Shrift & Jacobson UP One New York Plan New York, New York 10004-1980 1 Tel: .1.212.859.8000 lac 41.212.859.4000 www. Direct Line: 212.859.8592 Fax: 212.859.8584 March 21, 2007 FOIA CONFIDENTIAL TREATMENT CLAIM CONFIDENTIAL PURSUANT TO 17 CFR § 200.83 By Hand Delivery Kay L. Lackey, Assistant Regional Director Northeast Regional Office United States Securities and Exchange Commission 3 World Financial Center Room 4300 New York, NY 10281 Re: D.B. Zwim & Co., L.P. Dear Ms. Lackey: On behalf of our client, D.B. and 21, 2006 confidentiality I copy of the PowerPoint sl to the Staff on March 20, between the Staff and DBZ, we are vo used in connection with Gibson, Dunn & Crutcher 007 (Bates-stamped DBZ 0009087 —DBZ 0009214). ant to the November 14 'ly producing a resentation If you have any questions or a as, please do not hesitate to contact me. This production is not intended to, and does not, waive any applicable privilege or protection, including the attorney-client privilege or work product protection. If any information that would be protected by the attorney-client privilege or work product doctrine was produced, such production was inadvertent and was not intended to be a waiver of any applicable privilege or protection and we respectfully request the return of such privileged material. On behalf of our client, we hereby claim that all materials provided to the Staff during the course of its investigation, including this letter (Bates-stamped DBZ 0009215 - DBZ 0009216), the materials accompanying this letter (Bates-stamped DBZ 0009087 - DBZ 0009214), all Confidential Treatment Requested by Fried Frank Hauls river & Jacobson LLP Maw York • Washington OC • London • has •• Frankton Med, Frank, Hads. Sham & Jacobson LIP 48E/Cann ulnas lbainry PartnoraMp DBZ 0009215 EFTA00722560 • Fried. Frank, Harris. &brim & Jacobson UP One New Yolk Plaza New York. New York 10004.1980 Tet .1.212.859.8000 Faze +1.212.1359A000 www.1 Direct Line: 212.859.8592 Fax: 212 859 8584 March 20, 2007 FOIA CONFIDENTIAL TREATMENT CLAIM CONFIDENTIAL PURSUANT TO 17 CFR § 200.83 By Rand Delivery Kay L. Lackey, Esq. Assistant Regional Director Northeast Regional Office United States Securities and Exchange Commission 3 World Financial Center Room 4300 New York, NY 10281 Re: D.B. Zwim & Co., L.P. Dear Ms. Lackey: FRIED FRANK On behalf of our client, D.B. Z Co., L.P. ("DDT), pursuant to the November 14 and 21, 2 een the stall and are v tartly producing a bin er of documents used in Gibson, Dunn & Crutcher's presentation to the S o 20, 2007 (Bates-stamped DBZ 0008872 - DBZ 0009082). If you aye any qu hesitate to contact me. This production is not intended to, and does not, waive any applicable privilege or protection, including the attorney-client privilege or work product protection. If any information that would be protected by the attorney-client privilege or work product doctrine was produced, such production was inadvertent and was not intended to be a waiver of any applicable privilege or protection and we respectfully request the return of such privileged material. On behalf of our client, we hereby claim that all materials provided to the Staff during the course of its investigation, including this letter (Bates-stamped DBZ 0009083 - DBZ 0009084), Confidential Treatment Requested by Fried Frank Harris Shriver & Jacobson LLP DBZ 0009083 York .Washiakdon DC • Landon • has • Frandavrt red,enrk.Harris.%rivera Menses) LLP is a DikWatt Linilyd wan Partmentao EFTA00722561 FOIL Front Hauls, Shrine & habsou LLP Kay L. Lackey, Esq. Confidential Pursuant to 17 CFR § 200.83 April 30, 2007 Page 2 Offering Memoranda/ Investment Advisory Agreements Bates Range Page(s) Describing the Investment Allocation Policy ,./Fgchbridge/Zwirn Special Opportunities Fund, L.P., April 2002 DBZ 0009444 - DBZ 0009525 DBZ 0009473 Highbridge/Zwirn Special /NI .portunitics Fund, L.P., May 2003 DBZ 0009526 -DBZ 0009579 DBZ 0009560 - DBZ 0009561 D,D, Zwirn Special en' portunities Fund, L.P., May 2005 DBZ 0009580 - DBZ 0009674 DBZ 0009633 -DBZ 0009633 Highbridge/Zwim Special Opportunities Fund, LTD., April 2002 DBZ 0009675 - DBZ 0009741 DBZ 0009704 Highbridge/Zwirn Special Opportunities Fund, LTD., July 2003 DBZ 0009742 - DBZ 0009816 DBZ 0009777 D.B. Zwim Special Opportunities Fund, LTD., July 2005 DBZ 0009817 - DBZ 0009933 DBZ 0009876 -DBZ 0009877 Highbridge/Zwirn Special Opportunities Fund (TE), L.P., May 2003 DBZ 0009934 - DBZ 0009995 DBZ 0009971 D.B. Zwim Special Opportunities Fund (TE), L.P., June 2005 DBZ 0009996 - DBZ 0010088 DBZ 0010048 - DBZ 0010049 D.B. Zwim Special Opportunities Fund II, LTD., August 2005 DBZ 0010089 - DBZ 0010202 DBZ 0010149 D.B. Zwim Asia/Pacific Special Opportunities Fund, L.P., October 2006 DBZ 0010203 - DBZ 0010308 DBZ 0010265 Jerome Investments LLC, September 1, 2002 DBZ 0010309 - DBZ 0010329 DBZ 0010311 Randle Investments LLC, September 1, 2002 DBZ 0010330- DBZ 0010350 DBZ 0010332 HCM/Z Special Opportunities LLC, January 1, 2004 DBZ 0010351 - DBZ 0010363 DBZ 0010352 - DBZ 0010353; DBZ 0010359 Delphi Financial Group, Inc., March 30, 2004 DBZ 0010364 - DBZ 0010386 DBZ 0010365; DBZ 0010379 Confidential Treatment Requested by Fried Frank Hants Shrives- & Jacobson LLP DBZ 0010620 EFTA00722562 Mon, Fmk, Hard;, Wyss I Jacobson LLP Kay L. Lackey, Esq. Confidential Pursuant to 17 CFR § 200.83 April 30, 2007 Page 3 Offering Memoranda/ Investment Advisory Agreements Bates Range Page(s) Describing the Investment Allocation Policy Safety National Casualty Corporation, March 30, 2004 DBZ 0010387 - DBZ 0010412 DBZ 0010388; DBZ 0010405 Reliance Standard Life Insurance Company, March 30, 2004 DBZ 0010143 - DBZ 0010437 DBZ 0010414; DBZ 0010429 The Coast Fund, L.P., September 30, 2005 DBZ 0010438 - DBZ 0010457 DBZ 0010439 — DBZ 0010440; DBZ 0010453 In the event we locate additional documents for the period covered by the subpoena that set forth DBZ's investment allocation policy we will promptly produce them. Client List s The document Bates-stam DBZ 0010458 i a list of DBZ's current and former clients, including managed accounts, for the y the subpoena. DBZ created this list in response to Request 13 of the subpoena. As we discussed during our telephone call on April 23, 2007, this list does not include subsidiaries or affiliates of DBZ's clients. Watch List Reports The documents Bates-stamped DBZ 0010459 - DBZ 0010618 are Watch List reports for the period of April 2005 through October 2006; Watch List reports were not created prior to April 2005. We are producing these documents in response to Request 25 of the subpoena. Watch Lists are created on an almost weekly basis by DBZ Asset Management, which is known as DBZ Global Advisors. The Watch List tracks the risk levels of illiquid investments and provides information on value reductions taken on the investments, by specific investment. As we discussed during our telephone call on April 23, 2007, "Reserves" as traditionally defined, are not taken by the Funds with respect to investments at DBZ (i.e., cash pools set aside by Fund to account for problematic assets). Rather, DBZ reflects a "reserve" as part of the pricing process by reducing the value of the asset on its books. If you have any questions regarding these materials, please do not hesitate to contact me. • • This production is not intended to, and does not, waive any applicable privilege or protection, including the attorney-client privilege or work product protection. If any information that would be protected by the attorney-client privilege or work product doctrine was produced, such production was inadvertent and was not intended to be a waiver of any applicable privilege or protection and we respectfully request the return of such privileged material. Confidential Treatment Requested by Fried Frank Harris Shriver & Jacobson LLP DBZ 0010621 EFTA00722563