Case 5:18-md-02834-BLF Document 860-6 Filed 03/24/23 Page 1 of 6
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`Exhibit E
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`Case 5:18-md-02834-BLF Document 860-6 Filed 03/24/23 Page 2 of 6
`
`From:
`To:
`Cc:
`Subject:
`
`Date:
`Attachments:
`
`Thomas Robins
`Christopher Lavin; Shipley, Michael; McCormick, Patrick Emerson
`Todd Gregorian; Michael Fletcher; Bruce D. Poltrock
`RE: In Re: PersonalWeb Technologies, LLC et al, Civ. A. No. 18-md-02834-BLF (N.D. Cal.) [-
`FRBC_IMAN_LA.FID2261129] [-FRBC_IMAN_LA.FID2261129] [-FRBC_IMAN_LA.FID2261129]
`Friday, January 13, 2023 11:36:05 AM
`image001.png
`
`** EXTERNAL EMAIL **
`Chris, following our call on Wednesday I have been attempting to contact Mr.
`Gersh to confirm my understanding of the past involvement of him with
`respect to the secured loans from Secured Lenders to PW. We finally
`connected this morning. I need to correct a portion of my understanding that I
`conveyed in our call and that you have set out below. Mr. Gersh was not
`involved in the original creation or amendment of any of the secured notes or
`related security interests (he didn’t formally join SAM until 6-7 years ago),
`though as I reported, he was involved in the discussions with my partners
`Michael Fletcher and Craig Welin regarding the late April 2021 amendments to
`those documents that were documented by my firm.
`
`He also confirmed that his involvement in the approach to the Levene Neale
`firm (Ron Bender), which included Mr. Markiles and Anthony Neumann, was on
`behalf of the secured lenders in the wake of the Amazon fee award.
`
`Let me know if you wish to talk about this further. We are working on our
`portion of the joint statement for Secured Lenders’ motion to claw back the 13
`emails at issue and in response to your efforts to obtain production of the 13
`BDE emails.
`
`Tom
`
`Thomas Robins
`FRANDZEL ROBINS BLOOM & CSATO, L.C.
`1000 Wilshire Boulevard, 19th Floor
`Los Angeles, CA 90017-2427
`Phone:
`(323) 658-9703
`Facsimile:
`(323) 651-2577
`trobins@frandzel.com
`E-mail:
`Web:
`http://www.frandzel.com
`
`(cid:51)(cid:3)GO GREEN: Please consider the environment before you print.
`This electronic message contains information which may be confidential and privileged and is intended only for the named addressee.
`
`

`

`Case 5:18-md-02834-BLF Document 860-6 Filed 03/24/23 Page 3 of 6
`
`Unless you are the addressee of this message you may not use, copy or disclose the contents of this message to anyone. If you have
`received this message in error, please delete the message and advise the sender by reply e-mail or by calling (323) 852-1000. Thank
`you.
`To ensure compliance with Internal Revenue Service Circular 230, we inform you that any U.S. Federal Tax advice contained in this
`communication is not intended or written to be used, and cannot be used, for the purpose of (1) avoiding penalties under the Internal
`Revenue Code or (2) promoting, marketing or recommending to another party any tax-related matter(s) addressed herein.
`
`From: Christopher Lavin <CLavin@fenwick.com>
`Sent: Wednesday, January 11, 2023 3:00 PM
`To: Thomas Robins <trobins@frandzel.com>; Shipley, Michael <mshipley@kirkland.com>;
`McCormick, Patrick Emerson <PMcCormick@lewisroca.com>
`Cc: Todd Gregorian <TGregorian@fenwick.com>; Michael Fletcher <mfletcher@frandzel.com>;
`Bruce D. Poltrock <bpoltrock@frandzel.com>
`Subject: [EXTERNAL] RE: In Re: PersonalWeb Technologies, LLC et al, Civ. A. No. 18-md-02834-BLF
`(N.D. Cal.) [-FRBC_IMAN_LA.FID2261129] [-FRBC_IMAN_LA.FID2261129]
`
`Counsel,
`
`In preparation for our motion regarding the clawback documents and other documents withheld as
`privileged by the PersonalWeb investors despite listing Mr. Gersh as a participant, I write to confirm
`the following facts offered by counsel for those parties during the conference of counsel:
`
`
`1. That both Mr. Gersh personally and Stubbs Alderton generally advised the four PersonalWeb
`investors—BDE, Claria, Europlay, and Monto--on the original promissory notes (circa 2011) as
`well as the amendments thereafter.
`
`
`
`2. That because of this longstanding prior representation concerning the promissory notes,
`those parties consulted Mr. Gersh for legal advice around April 2021 about modifying the
`security agreements to identify the collateral with more particularity.
`
`
`Regarding treatment of the 13 clawback documents, we do not intend to refer to the content of
`clawback documents or use them in preparation of our motion.
`
`As requested on the call, please be prepared to lodge the clawback documents by Tuesday as the
`Court ordered, as well as entries: BDE159192, BDE159196, BDE159198, BDE159199, BDE159202,
`BDE159207, BDE159209, BDE159210, BDE159211, BDE159329, BDE159351, BDE159355, and
`BDE159357, on the privilege log of the PersonalWeb investors, which similarly list Mr. Gersh as a
`participant (to the extent any of these documents are not already among the clawback documents).
`
`Regards,
`Chris
`
`Chris Lavin
`Fenwick | Associate | +1 415-875-2287 | CLavin@fenwick.com | Admitted to practice in
`California.
`
`
`
`

`

`Case 5:18-md-02834-BLF Document 860-6 Filed 03/24/23 Page 4 of 6
`
`From: Thomas Robins <trobins@frandzel.com>
`Sent: Tuesday, January 10, 2023 4:55 PM
`To: Christopher Lavin <CLavin@fenwick.com>; Shipley, Michael <mshipley@kirkland.com>;
`McCormick, Patrick Emerson <PMcCormick@lewisroca.com>
`Cc: Todd Gregorian <TGregorian@fenwick.com>; Michael Fletcher <mfletcher@frandzel.com>;
`Bruce D. Poltrock <bpoltrock@frandzel.com>
`Subject: RE: In Re: PersonalWeb Technologies, LLC et al, Civ. A. No. 18-md-02834-BLF (N.D. Cal.) [-
`FRBC_IMAN_LA.FID2261129] [-FRBC_IMAN_LA.FID2261129]
`
`** EXTERNAL EMAIL **
`
`Chris, any time in afternoon except 3-4 works for us Mike Shipley and me.
`Please send an invite. Tom
`
`Thomas Robins
`FRANDZEL ROBINS BLOOM & CSATO, L.C.
`1000 Wilshire Boulevard, 19th Floor
`Los Angeles, CA 90017-2427
`Phone:
`(323) 658-9703
`Facsimile:
`(323) 651-2577
`trobins@frandzel.com
`E-mail:
`Web:
`http://www.frandzel.com
`
`(cid:51)(cid:3)GO GREEN: Please consider the environment before you print.
`This electronic message contains information which may be confidential and privileged and is intended only for the named addressee.
`Unless you are the addressee of this message you may not use, copy or disclose the contents of this message to anyone. If you have
`received this message in error, please delete the message and advise the sender by reply e-mail or by calling (323) 852-1000. Thank
`you.
`To ensure compliance with Internal Revenue Service Circular 230, we inform you that any U.S. Federal Tax advice contained in this
`communication is not intended or written to be used, and cannot be used, for the purpose of (1) avoiding penalties under the Internal
`Revenue Code or (2) promoting, marketing or recommending to another party any tax-related matter(s) addressed herein.
`
`From: Christopher Lavin <CLavin@fenwick.com>
`Sent: Tuesday, January 10, 2023 1:51 PM
`To: Thomas Robins <trobins@frandzel.com>; Shipley, Michael <mshipley@kirkland.com>;
`McCormick, Patrick Emerson <PMcCormick@lewisroca.com>
`Cc: Todd Gregorian <TGregorian@fenwick.com>; Michael Fletcher <mfletcher@frandzel.com>;
`Bruce D. Poltrock <bpoltrock@frandzel.com>
`Subject: [EXTERNAL] RE: In Re: PersonalWeb Technologies, LLC et al, Civ. A. No. 18-md-02834-BLF
`(N.D. Cal.) [-FRBC_IMAN_LA.FID2261129]
`
`Tom,
`
`Thanks – we still request a meet and confer, please provide availability of counsel for the
`PersonalWeb investors.
`
`Regards,
`Chris
`
`

`

`Case 5:18-md-02834-BLF Document 860-6 Filed 03/24/23 Page 5 of 6
`
`
`Chris Lavin
`Fenwick | Associate | +1 415-875-2287 | CLavin@fenwick.com | Admitted to practice in
`California.
`
`From: Thomas Robins <trobins@frandzel.com>
`Sent: Tuesday, January 10, 2023 12:41 PM
`To: Christopher Lavin <CLavin@fenwick.com>; Shipley, Michael <mshipley@kirkland.com>;
`McCormick, Patrick Emerson <PMcCormick@lewisroca.com>
`Cc: Todd Gregorian <TGregorian@fenwick.com>; Michael Fletcher <mfletcher@frandzel.com>;
`Bruce D. Poltrock <bpoltrock@frandzel.com>
`Subject: RE: In Re: PersonalWeb Technologies, LLC et al, Civ. A. No. 18-md-02834-BLF (N.D. Cal.) [-
`FRBC_IMAN_LA.FID2261129]
`
`** EXTERNAL EMAIL **
`
`Chris, the documents subject to the clawback request are all communications
`with Ron Bender of the Levine Neal Bender firm, that was initially contacted to
`represent the Secured Lenders in this matter. They passed on the engagement
`and my firm was retained. That Jeff Gersh is on one or more of these emails is
`a function of the fact that, over the years, SAM, including Gersh, provided legal
`services to the Secured Lenders, including with respect to documenting the
`secured loans. If you do a search of our privilege log under “Bender” you
`should find a number of entries, including copies of 12 of the 13 that are the
`subject of the clawback request. (One we inadvertently produced.)
`
`We have logged other emails on which Gersh was a party (again, you can find
`these by a search of our privilege log) for the same reason, i.e., he was on the
`communication because he had performed legal services for the secured
`lenders regarding the secured loans and was being consulted as such by our
`firm in the course of representing the secured lenders.
`
`Let me know if you still need a meet and confer. Tom
`
`Thomas Robins
`FRANDZEL ROBINS BLOOM & CSATO, L.C.
`1000 Wilshire Boulevard, 19th Floor
`Los Angeles, CA 90017-2427
`Phone:
`(323) 658-9703
`Facsimile:
`(323) 651-2577
`
`

`

`Case 5:18-md-02834-BLF Document 860-6 Filed 03/24/23 Page 6 of 6
`
`E-mail:
`Web:
`
`trobins@frandzel.com
`http://www.frandzel.com
`
`(cid:51)(cid:3)GO GREEN: Please consider the environment before you print.
`This electronic message contains information which may be confidential and privileged and is intended only for the named addressee.
`Unless you are the addressee of this message you may not use, copy or disclose the contents of this message to anyone. If you have
`received this message in error, please delete the message and advise the sender by reply e-mail or by calling (323) 852-1000. Thank
`you.
`To ensure compliance with Internal Revenue Service Circular 230, we inform you that any U.S. Federal Tax advice contained in this
`communication is not intended or written to be used, and cannot be used, for the purpose of (1) avoiding penalties under the Internal
`Revenue Code or (2) promoting, marketing or recommending to another party any tax-related matter(s) addressed herein.
`
`From: Christopher Lavin <CLavin@fenwick.com>
`Sent: Tuesday, January 10, 2023 8:50 AM
`To: Thomas Robins <trobins@frandzel.com>; Shipley, Michael <mshipley@kirkland.com>;
`McCormick, Patrick Emerson <PMcCormick@lewisroca.com>
`Cc: Todd Gregorian <TGregorian@fenwick.com>
`Subject: [EXTERNAL] In Re: PersonalWeb Technologies, LLC et al, Civ. A. No. 18-md-02834-BLF (N.D.
`Cal.)
`
`Counsel,
`
`At to the clawback issue, are the PersonalWeb investors withholding any other communications
`involving Mr. Markiles concerning the same subject matter as the documents identified in Mr.
`McCormick’s letter (dated Jan. 3, 2023) (e.g., enforcing the loan agreements, receivership) despite
`Mr. Gersh being included on the communications?
`
`Please also provide your availability to meet and confer on this issue tomorrow/Thursday.
`
`Regards,
`Chris
`
`Chris Lavin
`Fenwick | Associate | +1 415-875-2287 | CLavin@fenwick.com | Admitted to practice in
`California.
`
`
`