In his ruling, the judge said the phrasing of the various filings raise questions about"what would constitute 'undue' focus on attorney involvement,""what could suggest inappropriately that attorneys had 'blessed' a particular course of conduct" and what legal theory would allow evidence that met the first two questions.
"Whether and to what extent the defendant should be permitted to argue or adduce evidence regarding the presence or involvement of lawyers will depend on the circumstances. The best that can be done for now is to ensure that the Court will have sufficient notice to make appropriate rulings on a case-by-case basis," the judge wrote.
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