Bankruptcy Judge Limits Probe of Bloomberg News Sources
January 22 2016 - 1:30PM
Dow Jones News
A federal judge Friday reined in a probe of leaks from the
hard-fought bankruptcy of rare-earths producer Molycorp, handing a
win to Bloomberg News.
Judge Christopher S. Sontchi said the Molycorp disclosure order
"is overly broad and needs to be narrowed," at a hearing Friday
morning in U.S. Bankruptcy Court in Wilmington, Del.
The news organization had challenged a court order issued last
week by Judge Sontchi, which required some 123 people to disclose
what they had told Bloomberg reporters about Molycorp.
The judge reversed his order after urging from Bloomberg to
weigh First Amendment interests against the court's power to
control the bankruptcy proceeding. The judge ordered the
destruction of the disclosure documents which were filed Tuesday in
the Wilmington bankruptcy court.
The judge said a more tailored approach is needed to replace his
original order which, according to Bloomberg, "sweeps in, and
requires a report to the government regarding, two months worth of
newsgathering by Bloomberg that is not alleged to involve any
violation of a court order or any law or rule."
Molycorp and its creditors, which crafted the original order in
the first place, argued unsuccessfully that it should remain
standing.
A producer of elements used in technology, Molycorp is deep in
debt, up for sale and caught in clashes between powerful groups of
creditors. Private-equity firm Oaktree Capital Management is on one
side and a coalition of bondholders on the other.
Exchanges in the case have been bitter and heated, with debates
about the auction process at the heart of disputes. The disclosure
order grew out of a chambers conference with the judge, and was
drafted by parties engaged in finger-pointing over a number of
issues.
The Bloomberg stories name bidders at the Molycorp pre-auction
and disclosed that a mediation had failed.
Those disclosures, according to lawyers for Molycorp and its
creditors, ran afoul of the agreed rules of engagement in the
bankruptcy case.
They also hit a sore spot in the bankruptcy battle, involving
what the distressed business is actually worth. Molycorp, according
to a chapter 11 plan backed by Oaktree, says its business was worth
less than what some potential purchasers were willing to offer for
it, a revelation that casts a shadow on the auction and
reorganization efforts.
Bloomberg pointed out that the disclosure order didn't reflect
any of the fine points about court orders and what was considered
out of bounds in terms of talking to reporters. As a court order,
it is an intrusion of governmental authority into the protected
area of speech, and should be narrowly tailored to accomplish its
legitimate purpose without collateral damage to constitutional
rights, the news organization argued.
Molycorp and its creditors defended the disclosure order on the
grounds that all the people forced to file sworn statements with
the court had done so voluntarily.
On that point, as well, the judge sided with Bloomberg's lawyer
Thomas Henthoff, who said the consent "was not freely given."
Write to Peg Brickley at peg.brickley@wsj.com
(END) Dow Jones Newswires
January 22, 2016 13:15 ET (18:15 GMT)
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