Caesars noteholder group demands release of communications with Apollo

By Angela McDaniels

Tacoma, Wash., Sept. 16 – Caesars Entertainment Operating Co., Inc.’s official committee of second-priority noteholders is demanding the production of what it says is non-privileged communications between the company and Apollo Global Management, LLC, according to a notice filed Friday with the U.S. Bankruptcy Court for the Northern District of Illinois.

The committee is asking the court to compel Apollo to produce any and all communications with the company that relate to the investigation, proposed resolution or settlement of the company’s claims arising out of the self-dealing prepetition asset transfers and financial transactions investigated by the examiner or included in the debtors’ recently filed complaint or that relate to any other matter as to which the interests of the debtors and Apollo are not aligned.

The committee previously requested and received documents from Apollo but expressed concern about the extent to which Apollo was withholding communications with the company. According to the committee’s motion, Apollo responded by saying it would continue to withhold any communications in which Caesar’s counsel, Kirkland & Ellis, “provided confidential legal advice to an Apollo representative in his or her capacity as [a] CEOC board member or agent or the communication reflected legal advice and/or work product toward a shared common legal interest.”

A hearing is scheduled for Sept. 21.

Caesars is a Las Vegas-based casino-entertainment company that filed for bankruptcy on Jan. 15, 2015. The Chapter 11 case number is 15-01145.

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