THE NURSING HOME PENSION FUND FILED SUIT AGAINST ORACLE CORPORATE

The Nursing Home Pension Fund filed suit against Oracle Corporation alleging that Larry Ellison, the company’s CEO, misled investors in 2001 about the true financial condition of the company. During the time of the alleged misrepresentation, Mr. Ellison was working with a biographer on his life story and there are videotapes of Mr. Ellison’s interviews with his biographer as well as e-mails between the two that discuss Oracle. Could the Nursing Home Pension Fund have access to the tapes and e-mails? Explain how. [Nursing Home Pension Fund, Local 144 v. Oracle Corp., 380 F.3d 1226 (C.A. 9)]