sent it to Davis Polk with the "expectation that Davis Polk would submit the document to the Collateral Trustee."
State Street further claims not only that custom and prior practice between the parties placed a duty to deliver the ASIRS on the underwriter, but also that it placed the duty on Thelen, counsel for the issuer. The allegation against Thelen is that it breached its duty of care by failing to register or assure that the ASIRS for the PATS and Series 6 and 7 transactions were duly registered. Third-party plaintiff supports this claim by documents indicating that Loewen's counsel  Thelen in the Series 3 and 4 transaction, and Russell & DuMoulin in the Series 5 transaction  recorded the ASIRS with Bankers Trust following the close ofTo me, the record shows that if anyone made such an undertaking it was the underwriters, not Thelen.
An expert affidavit submitted by State Street says that, according to the custom of the corporate trust industry, documents like the ASIRS are filed by "the issuer of the debt or its counsel and/or the underwriter or its counsel." The affidavit thus provides no basis for saying whether it was Thelen or the underwriters who undertook the duty in these transactions. One indication that it was the underwriters is the simple fact that, in each of the transactions, the ASIRS wound up in the underwriter's counsel's possession. In the PATS transaction, the ASIRS was left with other closing documents at the underwriter's counsel's office. In the Series 6 and 7 Notes