`Case 5:18-md-02834-BLF Document 828-4 Filed 01/03/23 Page 1 of 23
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`EXHIBIT C
`EXHIBIT C
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`
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`Case 5:18-md-02834-BLF Document 828-4 Filed 01/03/23 Page 2 of 23
`
`Christopher Lavin
`From:
`Christopher Lavin
`Sent:
`Thursday, December 29, 2022 8:21 AM
`To:
`Jeffrey Gersh
`Cc:
`Michael Sherman; McCormick, Patrick Emerson; Todd Gregorian
`Subject:
`RE: PWeb - Amazon - Document issues
`
`Jeff,
`
`Thanks for your response below – I’ll call your office line today at 4 PM PT to discuss further.
`
`Regards,
`Chris
`
`Chris Lavin
`Fenwick | Associate | +1 415‐875‐2287 | CLavin@fenwick.com | Admitted to practice in California.
`
`From: Jeffrey Gersh <jgersh@stubbsalderton.com>
`Sent: Wednesday, December 28, 2022 2:28 PM
`To: Christopher Lavin <CLavin@fenwick.com>
`Cc: Michael Sherman <masherman@stubbsalderton.com>; McCormick, Patrick Emerson
`<PMcCormick@lewisroca.com>; Todd Gregorian <TGregorian@fenwick.com>
`Subject: RE: PWeb ‐ Amazon ‐ Document issues
`
`** EXTERNAL EMAIL **
`
`1. In Para. 1 – we also searched the domain “stbm.com.au” which we believe relates to
`Monto.
`2. In Para. 2 – there is a typo – it should have referenced July 31, 2021 not July 31, 2022.
`
`Chris
`
`Let me clarify two points
`
`
`
`Sorry for any confusion
`
`JG
`
`
`Jeffrey F. Gersh
`Partner, Stubbs Alderton & Markiles, LLP
`818.444.9222 (voice/text/fax) | jgersh@stubbsalderton.com
`www.stubbsalderton.com | Attorney Bio
`15260 Ventura Blvd., 20th FL, Sherman Oaks, CA 91403
`
`1
`
`
`
`Case 5:18-md-02834-BLF Document 828-4 Filed 01/03/23 Page 3 of 23
`
`
`
`The information contained in this e‐mail message is intended only for the personal and confidential use of the recipient(s) named above. This message may be an
`attorney‐client communication and/or work product and as such is privileged and confidential. If the reader of this message is not the intended recipient or an agent
`responsible for delivering it to the intended recipient, you are hereby notified that you have received this document in error and that any review, dissemination,
`distribution, or copying of this message is strictly prohibited. If you have received this communication in error, please notify us immediately by e‐mail, and delete the
`original message.
`From: Jeffrey Gersh
`Sent: Wednesday, December 28, 2022 2:08 PM
`To: Christopher Lavin <CLavin@fenwick.com>
`Cc: Michael Sherman <masherman@stubbsalderton.com>; McCormick, Patrick Emerson
`<PMcCormick@lewisroca.com>; Todd Gregorian <TGregorian@fenwick.com>
`Subject: RE: PWeb ‐ Amazon ‐ Document issues
`
`Chris
`
`In response to your Monday email please be advised as follows:
`
` am not available Thursday until later in the afternoon after 3 and I am not at all available on
`Friday. I am available this afternoon after 2:30 and if something opens for Thursday earlier, I
`will let you know.
`
`With respect to your questions, let me respond to them in the order set forth in your email –
`
`1. We searched for those domains within our search parameters that Michael previously
`mentioned to you including claria and monto. We searched for clariainnovations.com, as
`well. If someone from those domains communicated with SAM and referenced PersonalWeb
`they will be captured and provided to Lewis Roca. I have no specific timetable on this specific
`request but know that we are looking into it as quickly as we can.
`2. We do not intend to search docs through the present day but are actively searching up
`to September 15, 2022 (rather than July 31, 2022 which you previously were concerned
`about), when we no longer represented Personal Web in the District Court matter. Our
`contemporaneous communications after that date would prohibit us from speaking with our
`former client and its new counsel which would make no sense and certainly nothing in those
`communications has been waived. If you know of some law that requires us to do otherwise,
`please advise and we will reconsider.
`3. It is unclear what you mean by “additional detail”. If you are asking whether we are
`going to provide a privilege log, I see no reason that we are required to do so. No subpoena
`was served on SAM to produce documents which may in certain circumstances require a
`privilege log, but not as the discovery is presently constituted. All SAM is doing is furnishing
`documents to counsel for its prior client. Further, this inquiry relates to documents that are
`not being withheld because they are privileged as to PersonalWeb, but because they are the
`property of, and relate to, another client of SAM and we are NOT at liberty to produce
`
` I
`
`2
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`
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`Case 5:18-md-02834-BLF Document 828-4 Filed 01/03/23 Page 4 of 23
`them. As to that client they would be privileged, and they are not documents that belong to
`PersonalWeb which are the documents that we are furnishing Lewis Roca.
`4. Not sure what additional detail you want us to provide. Let me be clear that our office
`has spent hundreds of hours conducting searches which continue to date. It is my
`understanding that Michael has personally spent close to 150 hours on this, including through
`the Christmas holiday. The paper files that we have located are separated and we can discuss
`further when those will be available for pickup or delivery to Lewis Roca, although I anticipate
`having them available by then end of this week or beginning of next week.
`5. Stubbs has searched the additional search terms. See below regarding specific
`information based on our searches.
`
`
`a. Regarding Murray Markiles, we have searched ‐‐ EMAILS TO: Markiles, EMAILS
`FROM: Markiles, or where DOCUMENT CUSTODIAN: Markiles, as you requested.
`
`
`b. Regarding Ron Richards, we searched ‐‐‐ EMAILS TO: ron@ronaldrichards.com,
`EMAILS FROM: ron@ronaldrichards.com, or where DOCUMENT CUSTODIAN: Richards. To
`the best of my knowledge, we have furnished 514 electronic communications to Lewis Roca.
`
`
`c. We searched ‐‐ judgment w/5 (adverse or fee! or “attorney fees” or “attorney’s
`fees” or “attorneys’ fees” or sanction or cost! or 285 or PersonalWeb or “Personal Web” or
`PWeb or PW). To the best of my knowledge, our search parameters have captured 726
`electronic communications that were furnished to Lewis Roca.
`
`
`d. We searched ‐‐ (asset! or capital! or patent!) w/5 (fee! or cost! or sanction! or
`285 or protect! or insulate or receiver!). To the best of my knowledge, our search parameters
`have captured 285 electronic communications that fall within this category that we have
`furnished to Lewis Roca.
`
`
`e. We searched ‐‐ (note! or loan! or invest! Or pay!) w/5 (“Brilliant Digital” or BDE or
`Claria or Europlay or ECA or Monto or Topodia or creditor!). To the best of my knowledge,
`these search parameters have captured 65 electronic communications that fall within this
`category that we have furnished to Lewis Roca.
`
`f. We searched ‐‐ (PWeb) w/5 (“set‐up” or establish! or organiz! or purpose or structur! or
`protect! or insulate or receiver!). To the best of my knowledge these search parameters have
`captured 135 electronic communications that fall within this category that we have furnished
`to Lewis Roca.
`
`Let me know when you want to speak.
`
`JG
`
`3
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`Case 5:18-md-02834-BLF Document 828-4 Filed 01/03/23 Page 5 of 23
`
`
`
`Jeffrey F. Gersh
`Partner, Stubbs Alderton & Markiles, LLP
`818.444.9222 (voice/text/fax) | jgersh@stubbsalderton.com
`www.stubbsalderton.com | Attorney Bio
`15260 Ventura Blvd., 20th FL, Sherman Oaks, CA 91403
`
`
`
`The information contained in this e‐mail message is intended only for the personal and confidential use of the recipient(s) named above. This message may be an
`attorney‐client communication and/or work product and as such is privileged and confidential. If the reader of this message is not the intended recipient or an agent
`responsible for delivering it to the intended recipient, you are hereby notified that you have received this document in error and that any review, dissemination,
`distribution, or copying of this message is strictly prohibited. If you have received this communication in error, please notify us immediately by e‐mail, and delete the
`original message.
`From: Christopher Lavin <CLavin@fenwick.com>
`Sent: Monday, December 26, 2022 10:46 AM
`To: Jeffrey Gersh <jgersh@stubbsalderton.com>
`Cc: Michael Sherman <masherman@stubbsalderton.com>; McCormick, Patrick Emerson
`<PMcCormick@lewisroca.com>; Todd Gregorian <TGregorian@fenwick.com>
`Subject: RE: PWeb ‐ Amazon ‐ Document issues
`
`
`WARNING: This email originated outside of Stubbs Alderton & Markiles, LLP. Do not click on any links or
`attachments unless you know the sender.
`
`Mr. Gersh,
`
`
`Please provide your availability for a further meet and confer call tomorrow Tue., Dec. 27th, Thu., Dec. 29th, or Fri., Dec.
`30th.
`
`
`To make it a more productive call, please provide Stubbs Alderton’s positions in advance of the call on the following:
`
`
`1. Whether the e‐mail domains for Claria (clariainnovations.com) and Monto (Note: Ronnie Dyne used
`@stbm.com.au) will be searched?
`2. Whether the July 30, 2021 date cut‐off will be amended to include documents after that date and through the
`present day?
`3. Whether Stubbs will provide any additional detail on documents that hit on a keyword being withheld because
`although responsive, Stubbs was purportedly acting on behalf of a different client?
`4. Whether Stubbs will provide any additional detail on its ongoing searches for responsive documents, including
`the keywords and paper and electronic files, searched and/or to be searched? When will those efforts be
`complete?
`5. Whether Stubbs will search our proposed additional search terms and, if so, whether it will provide the
`document hit counts for each term?
`
`
`
`Regards,
`Chris
`
`Chris Lavin
`Fenwick | Associate | +1 415‐875‐2287 | CLavin@fenwick.com | Admitted to practice in California.
`
`
`4
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`Case 5:18-md-02834-BLF Document 828-4 Filed 01/03/23 Page 6 of 23
`
`From: Michael Sherman <masherman@stubbsalderton.com>
`Sent: Thursday, December 22, 2022 6:28 PM
`To: Christopher Lavin <CLavin@fenwick.com>; Todd Gregorian <TGregorian@fenwick.com>
`Cc: Jeffrey Gersh <jgersh@stubbsalderton.com>; McCormick, Patrick Emerson <PMcCormick@lewisroca.com>
`Subject: RE: PWeb ‐ Amazon ‐ Document issues
`
`** EXTERNAL EMAIL **
`
`Chris
`
`Consistent with our representations to the Court, we continue to provide information and documents to Lewis Roca. I
`presume that Lewis Roca will be communicating directly with your offices. In our communications with Lewis Roca and
`in the documents we have furnished Lewis Roca, we have provided—and we will continue to provide—PersonalWeb’s
`counsel with information on what we are providing, consistent with our ethical obligations and further as you have
`identified in various communications you directed to us and to Lewis Roca of which we are aware.
`
` will be out of the offices and out of the country beginning on December 26. During that time I do anticipate continuing
`to participate in my law firm’s collection of documents, and our delivery of same to Lewis Roca, though my personal
`participation will be more limited. I am personally unable to commit to speaking with you on either December 27 or
`December 29. As I have previously advised your offices, I will be out of the country on January 5 (I am actually travelling
`out of the country on December 26); Mr. Gersh will be appearing at the hearing.
`
`You are welcome to send us anything in writing you wish in the way of any further clarification of Amazon’s positions. If
`following your sending us such information, it may be appropriate for my law partner Mr. Gersh to speak directly with
`you—you know how to reach him.
`
`Meanwhile, my law firm is actively engaged in providing its PersonalWeb client files to PersonalWeb’s counsel.
`
`
`
` I
`
`Michael A. Sherman
`Partner, Stubbs Alderton & Markiles, LLP
`Chair, Business Litigation Practice
`818.444.4528 (voice/text/fax) | 818.631.9109 (Mobile) | masherman@stubbsalderton.com
`www.stubbsalderton.com | Attorney Bio
`15260 Ventura Blvd., 20th FL, Sherman Oaks, CA 91403
`
`
`
`The information contained in this e‐mail message is intended only for the personal and confidential use of the recipient(s) named above. This message may be an
`attorney‐client communication and/or work product and as such is privileged and confidential. If the reader of this message is not the intended recipient or an agent
`responsible for delivering it to the intended recipient, you are hereby notified that you have received this document in error and that any review, dissemination,
`distribution, or copying of this message is strictly prohibited. If you have received this communication in error, please notify us immediately by e‐mail, and delete the
`original message.
`From: Christopher Lavin <CLavin@fenwick.com>
`Sent: Thursday, December 22, 2022 11:45 AM
`To: Todd Gregorian <TGregorian@fenwick.com>; Michael Sherman <masherman@stubbsalderton.com>
`Cc: Jeffrey Gersh <jgersh@stubbsalderton.com>; McCormick, Patrick Emerson <PMcCormick@lewisroca.com>
`Subject: RE: PWeb ‐ Amazon ‐ Document issues
`
`
`WARNING: This email originated outside of Stubbs Alderton & Markiles, LLP. Do not click on any links or
`attachments unless you know the sender.
`
`5
`
`
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`Case 5:18-md-02834-BLF Document 828-4 Filed 01/03/23 Page 7 of 23
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`Michael,
`
`We have not heard from you in response to Todd’s request below and, therefore, assume that you are conceding that
`there are no inaccuracies in my summary or new information that you intend to provide to us. Please provide your
`response on the issues that remain open after our call, as well as your availability for a further meet and confer call next
`Tue., Dec. 27th or Thu., Dec. 29th.
`
`Regards,
`Chris
`
`Chris Lavin
`Fenwick | Associate | +1 415‐875‐2287 | CLavin@fenwick.com | Admitted to practice in California.
`
`From: Todd Gregorian <TGregorian@fenwick.com>
`Sent: Tuesday, December 20, 2022 10:41 AM
`To: Michael Sherman <masherman@stubbsalderton.com>
`Cc: Christopher Lavin <CLavin@fenwick.com>; Jeffrey Gersh <jgersh@stubbsalderton.com>; McCormick, Patrick
`Emerson <PMcCormick@lewisroca.com>
`Subject: Re: PWeb ‐ Amazon ‐ Document issues
`
`Michael,
`
`Mr. Lavin’s tone was professional, and will remain so going forward. If there are any specific inaccuracies or new
`information that you intend to put forward, please do so promptly today so that we may continue our efforts to confer.
`
`
`Thank you,
`‐t
`
`
`On Dec 20, 2022, at 10:27 AM, Michael Sherman <masherman@stubbsalderton.com> wrote:
`
`
`
`** EXTERNAL EMAIL **
`
`Chris
`
`I do not agree with the tone of your summary of our conversation or that I shut anything down in any
`premature fashion. We spoke for approximately 45 minutes on Friday afternoon and covered a lot of
`ground; that said, there were some areas where I did indicate I would need to review details internally
`before further commenting. I was surprised that with your seeming eagerness to summarize our entire
`conversation you fail to note that whereas I wrote to you and other counsel I would be out of the
`country on January 5 you misquoted me to the Court stating that I “had travel plans” on that date—a
`topic we covered last Friday as well.
`
`
`
`
`
`
`Michael A. Sherman
`
`6
`
`
`
`Case 5:18-md-02834-BLF Document 828-4 Filed 01/03/23 Page 8 of 23
`
`Partner, Stubbs Alderton & Markiles, LLP
`Chair, Business Litigation Practice
`818.444.4528 (voice/text/fax) | 818.631.9109 (Mobile) | masherman@stubbsalderton.com
`www.stubbsalderton.com | Attorney Bio
`15260 Ventura Blvd., 20th FL, Sherman Oaks, CA 91403
`<image001.gif>
`
`<image002.gif>
`
`The information contained in this e‐mail message is intended only for the personal and confidential use of the recipient(s) named above. This
`message may be an attorney‐client communication and/or work product and as such is privileged and confidential. If the reader of this message
`is not the intended recipient or an agent responsible for delivering it to the intended recipient, you are hereby notified that you have received
`this document in error and that any review, dissemination, distribution, or copying of this message is strictly prohibited. If you have received
`this communication in error, please notify us immediately by e‐mail, and delete the original message.
`From: Christopher Lavin <CLavin@fenwick.com>
`Sent: Saturday, December 17, 2022 10:06 AM
`To: Michael Sherman <masherman@stubbsalderton.com>; Todd Gregorian <TGregorian@fenwick.com>
`Cc: Jeffrey Gersh <jgersh@stubbsalderton.com>; McCormick, Patrick Emerson
`<PMcCormick@lewisroca.com>
`Subject: RE: PWeb ‐ Amazon ‐ Document issues
`
`
`
`WARNING: This email originated outside of Stubbs Alderton & Markiles, LLP. Do not click on any
`links or attachments unless you know the sender.
`
`
`
`Michael,
`
`I write to summarize yesterday’s meet and confer.
`
`
`Referring to the topics provided in advance for the call:
`
`
`1. Are the Stubbs Alderton search parameters correct as PersonalWeb has reported them?
`
`
`You stated, yes, adding that you had no reason to doubt that Lewis Roca provided the
`correct search terms.
`
`
`2. For a document to have been collected pursuant to the Stubbs search parameters, does it have
`to hit on (1) (user), (2) (keyword), AND (3) (participant)?
`
`
`You confirmed that for a document to be collected, it had to hit on (1) (user), (2)
`(keyword), AND (3) (participant).
`
`
`3. Why were the e‐mail domains for Claria (clariainnovations.com) and Monto (Note: Ronnie Dyne
`used @stbm.com.au) not included?
`
`
`
`
`
`You stated that neither Claria nor Monto‐related e‐mail domains were included in the
`Stubbs Alderton search parameters because there were likely very few, if any,
`responsive documents in these domains. I requested, and you agreed, to search for and
`provide any responsive documents from the Claria and Monto‐related domains to Lewis
`Roca.
`
`4. What is the basis for the July 30, 2021 date cut‐off?
`7
`
`
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`Case 5:18-md-02834-BLF Document 828-4 Filed 01/03/23 Page 9 of 23
`
`
`
`You stated that the July 30, 2021 date cut‐off was tied to the date that PersonalWeb
`tendered its discovery responses and initially produced documents to the post‐
`judgment discovery. I stated that date cut‐off was inappropriate because the post‐
`judgment discovery was tendered under the Federal Rules and continuous in nature
`seeking documents to the present‐day. You agreed to take this position under
`advisement, but would not commit to search for responsive documents dated after July
`30, 2021.
`
`
`5. What other paper and electronic files does Stubbs maintain concerning PersonalWeb and the
`secured loan transactions? Which of them have been or will be searched for documents?
`
`
`You stated that Stubbs Alderton has a lot of paper files on behalf of PersonalWeb and is
`continuing to search for any paper files that may exist. You also stated that Stubbs
`Alderton is making efforts to review all electronic data concerning PersonalWeb. You
`stated that the PersonalWeb client file would be searched and any responsive
`documents would be provided to Lewis Roca. You stated that Stubbs Alderton had
`search for emails consistent with the Stubbs Alderton search parameters. You added
`that, just today, Stubbs Alderton provided 33 fully‐executed agreements pertinent to
`each/every secured loan transaction relating to PersonalWeb to Lewis Roca. You could
`not add any more detail on the nature of the paper or electronic files concerning
`PersonalWeb or the secured loan transactions or extent of the search by Stubbs
`Alderton for responsive documents.
`
`6. Are any documents that hit on a keyword being withheld because although responsive, Stubbs
`was purportedly acting on behalf of a different client? Will such documents be logged?
`
`
`You did not deny that Stubbs Alderton is withholding documents that hit on a keyword
`and are thus responsive, but that Stubbs is withholding because it was purportedly
`acting on behalf of a different client. When I asked how you were drawing a distinction
`between whether a document pertains to PersonalWeb or a document pertains to
`another client, you stated that it was “pretty freaking easy” and referenced whether
`Messrs. Weiss or Bermeister were included or not included on the email. But when I
`asked you for further details on this, specifically, whether if it was when Mr. Weiss was
`included on an email, or Mr. Bermeister was included on an email, or when both were
`included on an email, or whether there was any other criteria for drawing the
`distinction, you refused to answer and wouldn’t explain further how such distinctions
`were made. You stated that Stubbs Alderton did not have to log such documents on
`behalf of PersonalWeb because PersonalWeb is only obligated to log documents
`belonging to it and that a document belonging to another client would not belong to
`PersonalWeb. While we were still discussing this topic and I was asking you questions,
`you prematurely shut down our discussion, stating that you refused to discuss this topic
`further and that you would only discuss this topic in writing.
`
`
`Is Stubbs withholding any documents that it contends pertain to its work for both PersonalWeb
`and another entity, e.g., Claria or ECA? Will such documents be logged?
`
`
`7.
`
`You stated that you are presently unaware of any such documents.
`
`
`8. What efforts is Stubbs currently undertaking to collect additional responsive documents? When
`will those efforts be complete?
`
`
`8
`
`
`
`Case 5:18-md-02834-BLF Document 828-4 Filed 01/03/23 Page 10 of 23
`
`You stated that you, Mr. Gersh, Stubbs Alderton paralegals, and IT personnel have been
`and will continue to search for responsive documents. You added that you expected a
`lot of time to spent next week on continued search and collection of documents. When
`I asked whether Stubbs Alderton would be providing additional documents to Lewis
`Roca by the Christmas holiday, citing to the representation that Stubbs Alderton made
`in its recent status report, you stated that Stubbs Alderton had already complied with
`that representation based on the 33 documents that it provided to Lewis Roca earlier
`today, December 16th. You further would not commit to providing additional
`documents to Lewis Roca by the Christmas holiday. You would not disclose any new
`Stubbs Alderton search criteria in advance of any searches claiming that it was your
`protected work product, but that Stubbs Alderton would disclose its search criteria to
`Lewis Roca with each set of documents that it provided to Lewis Roca. You also could
`not provide a date by which Stubbs Alderton would provide all responsive documents to
`Lewis Roca, citing to your continued search efforts and the intervening holidays, but
`confirmed that Stubbs Alderton would provide all such documents to Lewis Roca in
`advance of the Court’s January 20, 2023 deadline.
`
`1. Priority Categories
`
`
`
`
`
`I asked whether Stubbs Alderton would run our proposed email search terms. You
`stated that you would consult with Lewis Roca on whether to run them. You also stated
`that you would have to look into whether your search platform allowed Boolean
`searching. You added that you believed that Stubbs Alderton had already complied with
`the first email search term – (EMAILS TO: Markiles, EMAILS FROM: Markiles, or where
`DOCUMENT CUSTODIAN: Markiles) – based on the Stubbs Alderton search
`parameters. I stated that Stubbs Alderton did not comply because our search is broader
`than the Stubbs Alderton parameters, which require a document to hit on (1), (2), and
`(3), and that the Stubbs Alderton keyword search terms directed to “PersonalWeb” and
`variants are insufficient. As we were discussing compliance, you again shut down our
`conversation, stating that Amazon’s search terms were not among the list of topics I had
`identified for the call, despite the fact that it was you that brought up the individual
`search terms contending that you believed Stubbs Alderton had complied with
`Amazon’s proposed first search term.
`
`
`
`Regards,
`Chris
`
`
`Chris Lavin
`Fenwick | Associate | +1 415‐875‐2287 | CLavin@fenwick.com | Admitted to practice in
`California.
`
`
`From: Christopher Lavin
`Sent: Thursday, December 15, 2022 6:07 PM
`To: Michael Sherman <masherman@stubbsalderton.com>; Todd Gregorian <TGregorian@fenwick.com>
`Cc: Jeffrey Gersh <jgersh@stubbsalderton.com>; McCormick, Patrick Emerson
`<PMcCormick@lewisroca.com>
`Subject: RE: PWeb ‐ Amazon ‐ Document issues
`
`
`Confirmed – I’ll call your office line then.
`
`
`Chris Lavin
`
`9
`
`
`
`Case 5:18-md-02834-BLF Document 828-4 Filed 01/03/23 Page 11 of 23
`
`Fenwick | Associate | +1 415‐875‐2287 | CLavin@fenwick.com | Admitted to practice in
`California.
`
`
`From: Michael Sherman <masherman@stubbsalderton.com>
`Sent: Thursday, December 15, 2022 4:29 PM
`To: Christopher Lavin <CLavin@fenwick.com>; Todd Gregorian <TGregorian@fenwick.com>
`Cc: Jeffrey Gersh <jgersh@stubbsalderton.com>; McCormick, Patrick Emerson
`<PMcCormick@lewisroca.com>
`Subject: RE: PWeb ‐ Amazon ‐ Document issues
`
`
`** EXTERNAL EMAIL **
`
`I can speak tomorrow at 3:30pm. Please confirm
`
`
`Michael A. Sherman
`Partner, Stubbs Alderton & Markiles, LLP
`Chair, Business Litigation Practice
`818.444.4528 (voice/text/fax) | 818.631.9109 (Mobile) | masherman@stubbsalderton.com
`www.stubbsalderton.com | Attorney Bio
`15260 Ventura Blvd., 20th FL, Sherman Oaks, CA 91403
`<image001.gif>
`
`<image002.gif>
`
`The information contained in this e‐mail message is intended only for the personal and confidential use of the recipient(s) named above. This
`message may be an attorney‐client communication and/or work product and as such is privileged and confidential. If the reader of this message
`is not the intended recipient or an agent responsible for delivering it to the intended recipient, you are hereby notified that you have received
`this document in error and that any review, dissemination, distribution, or copying of this message is strictly prohibited. If you have received
`this communication in error, please notify us immediately by e‐mail, and delete the original message.
`From: Christopher Lavin <CLavin@fenwick.com>
`Sent: Thursday, December 15, 2022 1:35 PM
`To: Michael Sherman <masherman@stubbsalderton.com>; Todd Gregorian <TGregorian@fenwick.com>
`Cc: Jeffrey Gersh <jgersh@stubbsalderton.com>; McCormick, Patrick Emerson
`<PMcCormick@lewisroca.com>
`Subject: RE: PWeb ‐ Amazon ‐ Document issues
`
`
`
`WARNING: This email originated outside of Stubbs Alderton & Markiles, LLP. Do not click on any
`links or attachments unless you know the sender.
`
`Michael,
`
`I am available for a call tomorrow between 11 AM – 4 PM. Please let me know what works for you.
`
`
`The topics for discussion include:
`
`
`1. Are the Stubbs Alderton search parameters correct as PersonalWeb has reported them?
`2. For a document to have been collected pursuant to the Stubbs search parameters, does it have
`to hit on (1) (user), (2) (keyword), AND (3) (participant)?
`3. Why were the e‐mail domains for Claria (clariainnovations.com) and Monto (Note: Ronnie Dyne
`used @stbm.com.au) not included?
`
`
`
`10
`
`
`
`Case 5:18-md-02834-BLF Document 828-4 Filed 01/03/23 Page 12 of 23
`
`4. What is the basis for the July 30, 2021 date cut‐off?
`5. What other paper and electronic files does Stubbs maintain concerning PersonalWeb and the
`secured loan transactions? Which of them have been or will be searched for documents?
`6. Are any documents that hit on a keyword being withheld because although responsive, Stubbs
`was purportedly acting on behalf of a different client? Will such documents be logged?
`Is Stubbs withholding any documents that it contends pertain to its work for both PersonalWeb
`and another entity, e.g., Claria or ECA? Will such documents be logged?
`8. What efforts is Stubbs currently undertaking to collect additional responsive documents? When
`will those efforts be complete?
`
`7.
`
`
`
`Here's an initial proposal for additional email search terms. Please let us know how many unique hits
`each generates.
`
`
`1. EMAILS TO: Markiles, EMAILS FROM: Markiles, or where DOCUMENT CUSTODIAN: Markiles
`2. EMAILS TO: ron@ronaldrichards.com, EMAILS FROM: ron@ronaldrichards.com, or where
`DOCUMENT CUSTODIAN: Richards
`judgment w/5 (adverse or fee! or “attorney fees” or “attorney’s fees” or “attorneys’ fees” or
`sanction or cost! or 285 or PersonalWeb or “Personal Web” or PWeb or PW)
`4. (asset! or capital! or patent!) w/5 (fee! or cost! or sanction! or 285 or protect! or insulate or
`receiver!)
`5. (note! or loan! or invest! Or pay!) w/5 (“Brilliant Digital” or BDE or Claria or Europlay or ECA or
`Monto or Topodia or creditor!)
`6. (PWeb) w/5 (“set‐up” or establish! or organiz! or purpose or structur! or protect! or insulate or
`receiver!)
`
`3.
`
`
`
`Regards,
`Chris
`
`
`Chris Lavin
`Fenwick | Associate | +1 415‐875‐2287 | CLavin@fenwick.com | Admitted to practice in
`California.
`
`
`From: Michael Sherman <masherman@stubbsalderton.com>
`Sent: Tuesday, December 13, 2022 3:34 PM
`To: Christopher Lavin <CLavin@fenwick.com>; Todd Gregorian <TGregorian@fenwick.com>
`Cc: Jeffrey Gersh <jgersh@stubbsalderton.com>; McCormick, Patrick Emerson
`<PMcCormick@lewisroca.com>
`Subject: RE: PWeb ‐ Amazon ‐ Document issues
`
`
`** EXTERNAL EMAIL **
`
`I am unavailable to speak tomorrow. I could speak on Friday of this week. Propose a time, and
`importantly, put in writing with some particularity what it is you want to “meet and confer” about, so
`we know in advance.
`
`
`Regarding your inquiry about keyword searches, you are welcome to propose some for our
`consideration as respects the 7 categories. If reasonable and accretive compared to what has already
`been done (which we do believe was broad and all encompassing), I see no reason why we would not
`consider utilizing them. To emphasize, though, I do know for a fact that most if not all of the seven
`categories you listed did result in some number of documents furnished to Lewis Roca—so it is not as if
`we have been ignoring or oblivious to the factual issues you have raised.
`
`
`11
`
`
`
`Case 5:18-md-02834-BLF Document 828-4 Filed 01/03/23 Page 13 of 23
`
`Acknowledged that I have not as of this point responded to your December 5 questions.
`
`
`We will confirm attendance well in advance of January 5 and you will be among the first to know; we do
`not plan on making this a last minute fire drill. To be most precise, I did not tell you that I was traveling
`on January 5 (or “had travel plans” as you wrote the clerk); I told you and all other counsel I would be
`out of the country on that date. I consider that a difference, and was surprised you misquoted me.
`
`
`Michael A. Sherman
`Partner, Stubbs Alderton & Markiles, LLP
`Chair, Business Litigation Practice
`818.444.4528 (voice/text/fax) | 818.631.9109 (Mobile) | masherman@stubbsalderton.com
`www.stubbsalderton.com | Attorney Bio
`15260 Ventura Blvd., 20th FL, Sherman Oaks, CA 91403
`<image001.gif>
`
`<image002.gif>
`
`The information contained in this e‐mail message is intended only for the personal and confidential use of the recipient(s) named above. This
`message may be an attorney‐client communication and/or work product and as such is privileged and confidential. If the reader of this message
`is not the intended recipient or an agent responsible for delivering it to the intended recipient, you are hereby notified that you have received
`this document in error and that any review, dissemination, distribution, or copying of this message is strictly prohibited. If you have received
`this communication in error, please notify us immediately by e‐mail, and delete the original message.
`From: Christopher Lavin <CLavin@fenwick.com>
`Sent: Tuesday, December 13, 2022 1:43 PM
`To: Michael Sherman <masherman@stubbsalderton.com>; Todd Gregorian <TGregorian@fenwick.com>
`Cc: Jeffrey Gersh <jgersh@stubbsalderton.com>; McCormick, Patrick Emerson
`<PMcCormick@lewisroca.com>
`Subject: RE: PWeb ‐ Amazon ‐ Document issues
`
`
`
`WARNING: This email originated outside of Stubbs Alderton & Markiles, LLP. Do not click on any
`links or attachments unless you know the sender.
`
`
`
`Michael,
`
`
`Thank you for the responses below. Please provide your availability tomorrow to meet and confer on
`them.
`