In In re Amerlink, Ltd., Ch. 7 Case No. 09-01055-8-RDD,
2014 Bankr. LEXIS 813 (Bankr. E.D.N.C. Mar. 3, 2014), a Chapter 11
Trustee filed and then settled numerous adversary proceedings,
including an action against several of the debtor's senior
executives. Some of those executives later filed a state court
action against other executives. The Trustee (still possessing the
power to waive the debtor's privilege after conversion to
Chapter 7) agreed to waive the privilege. The state court plaintiff
resisted the waiver, but the court confirmed that the "Trustee
has full authority and discretion to determine if a waiver is
appropriate." Id. at *9. Two weeks later, another
court dealt with a more complicated situation. In McKinstry v.
Genser (In re Black Diamond Mining Co.), Civ. No. 13-125-ART,
2014 U.S. Dist. LEXIS 36992 (E.D. Ky. Mar. 19, 2014), Jones Day
represented a debtor during a Chapter 11 restructuring. The Trustee
charged with liquidating some of the debtor's
