one is a clawback. you give it to the other side. and you get it back. i think it really contemplates more of an inadvertent disclosure. the alternative is a quick peek. you allow the other side to look, and if they say we're interested in that, and you say, well, that's privileged, and then you decide where to go from there. the difference between clawback and quick peek is burden shifting, because it's who has the responsibility, who bears the costs of dealing -- identifying and managing the privileged issue. so in a clawback, the burden really is on the party producing the information to be vigilant and say we want it back. in the quick peek, it goes to the other side, i think. >> all right. >> so how do you get the rule 502 order? >> rule 502 says that litigation, if it's pending before the court, then you can get a court order. and you say to yourself, well, how does that apply to me? well, certainly if you receive a grand jury subpoena, a grand jury proceeding is a type of proceeding that is pending before the court, and you are -- and i have succe

one is a clawback. >> you allow the other side to look and then if they say we're interested in that, you say that's privileged and decide where to go from there. the difference between clawback and peak, -- quick peeks, who bears the responsibility or cost in identifying and managing the privilege issue. in a clawback, the burden is on the party producing the information to be vigilant and say we want it back. in the quick peek it goes to the other side, i think. so how do you get rule 502 order. >> rule 502 says litigation, if it's pending before the court, then you can get a court order. you say to your self how does that apply to me. certainly if you get a grand jury subpoena, a grand jury proceeding is a type of proceeding that is pending before the court. i have successfully obtained with the consent of the government 502 d orders that disclosure of certain things are not subject matter waivers. there are other examples, rick will be able to fill us in. >> grand jury, can matter under seal. sometimes difficult to know if there's key under seal. may ab suspicion and circumstances

eu competition watchdogs ordered island to clawback $14 billion plus in unpaid taxes.pple and island both appealed and missed the january 3 deadline, but apple says the eu is satisfied with progress so far. digital ink has reached a judgment with the u.s. department of justice -- deutsche bank has reached an agreement with the u.s. department of justice, agreeing to pay 7.2 billion dollars, and agree to misleading investors. in a statement released in the past hour, deutsche bank ceo john cryan says the conduct was unacceptable and we are apologize unreservedly. -- apologize unreservedly. that is your business flash update. joe: up next, the pound surged speech in which she set out for the first time our government is determined to make a clean break from the eu. we will look at the pound and other currencies next. this is bloomberg. ♪ scarlet: i am scarlet fu. "what'd you miss?" the dollar is supposed to be key to how emerging asset perform, right , or maybe it is actually the chineseyuan that host the key it the white line is the asian dollar index. biggestinbi is th

and once you get beyond that you start to pay a clawback modestly.ut when you get to $30,000, with the $10,000, that gives you an income of $40,000. the number of people who say i will drop out at that point is very small. i would argue that the costs are manageable and i can go through the numbers in the book. that is the way i would deal with it. think there are a lot of different moral and philosophy questions attached to this. the one job we could use more of in america is philosophers. now we have the potential to actually get closer to that because of technology and all the things that are becoming cheap. and yet i don't think work was at the top of his hierarchy. i think a lot of other kinds of values but i think it is a discussion about how much choice libertarians want to give people, about what you make them or don't make them do. if someone wants to live on what i am saying is a very minuscule amount of money, $12,000 a year, i don't know, play video games, i think everyone's worst fear is they do drugs. but if they take care of a child, t

million in cash to cover future bonuses at the bank and stock market that was locked up or subject to clawbackscohn will be forced to sell those shares. he will defer the taxes, but eventually will have to pay them. there are some taxes here that he will have to pay as well. >> a hundred as a percentage of what he's probably already accrued for working at goldman for such a long time, would it be 50% of what he's already accr accrued? 33%? what do you think? >> maybe a third. >> if you think, wow, he made 100 million at goldman. >> you're trying to say it's unsubstantial? >> i'm saying if this is stuff he had, the only thing that changes is that he gets it immediately. >> do you like it? >> i have no problem with it. i wish i had an exit package of a $100 million. >> no, no. do you like -- >> do i like the idea that it happens immediately? you wrote the column on thischl. i agree with whatever you said. >> okay. thanks. >> it's just easier. i'm in a good place, right? bob evans -- >> i'm going back to bed. >> save that to tape. >> so many good things are happening. you can't rain on my parade a

. >> it's the first time in a very long time that we've had as deep a recession and as tough a clawback which was worldwide. but nevertheless, the united states has done better than almost any country in the world in getting there. i'm not sure exactly what you mean. obama's favorability rating, as you know, is higher than trump's and higher than clinton's at the end of the election cycle. >> personally, he's very -- he continues to be very popular, but if someone -- i mean, if i had to ask you a year ago, is there any chance donald trump becomes president running against hillary clinton, who's running on a continuation of barack obama's economic successes, you would have said the guy from "the apprentice" is going to beat someone who's going to continue president obama's policies? you would have told me -- you would have asked me if i visited colorado, what i was smoking. >> i would not have said he was going to continue obama's policies. >> no, hillary clinton was going to. >> i would have said he's not going to be president of the united states. no doubt about that. >> american peopl