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HIGHLY CONFIDENTIAL
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`Page 1
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`UNITED STATES DISTRICT COURT
`EASTERN DISTRICT OF TEXAS
`MARSHALL DIVISION
`--------------------------------------------X
`SOLOCRON MEDIA, LLC,
` PLAINTIFF,
`
` -against-
`
`VERIZON, et al., CELLCO PARTNERSHIP d.b.a.
`VERIZON WIRELESS, AT&T, INC., AT&T MOBILITY,
`LLC, SPRINT CORPORATION, SPRINT
`COMMUNICATIONS COMPANY, L.P., SPRINT
`SOLUTIONS, INC., and T-MOBILE USA, INC.,
`
` DEFENDANTS.
`--------------------------------------------X
` ***HIGHLY CONFIDENTIAL***
`
` DEPOSITION OF ALISSA VAN VOLKOM
` Basking Ridge, New Jersey
` Wednesday, March 18, 2015
`
`Reported by:
`Rebecca Schaumloffel, RPR, CLR
`Job No: 91583
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` March 18, 2015
` 8:00 a.m.
`
` Deposition of ALISSA VAN VOLKOM,
`held at the DOLCE BASKING RIDGE HOTEL, 300 N.
`Maple Avenue, Basking Ridge, New Jersey,
`before Rebecca Schaumloffel, a Registered
`Professional Reporter, Certified Livenote
`Reporter and Notary Public of the State of
`New York and the State of New Jersey.
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`A P P E A R A N C E S:
`
` TENSEGRITY LAW GROUP
` Attorneys for the Plaintiff
` 555 Twin Dolphin Drive
` Redwood Shores, California 94065
` BY: ANNAKA NAVA, ESQ.
`
` WILEY REIN
` Attorneys for the Defendant
` Cellco Partnership
` 1776 K Street NW
` Washington, DC 20006
` BY: KEVIN ANDERSON, ESQ.
`
` ALSO PRESENT:
` Jack Minnear, Esq., Verizon
` Dale Swindell, videographer
`
` * * *
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` A. VAN VOLKOM
` THE VIDEOGRAPHER: This is the
`start of media labeled number one of
`the videotaped deposition of Alissa
`Van Volkom in the matter, Solocron
`Media versus Verizon, et al. This
`deposition is being held at 300 N.
`Maple Avenue, Basking Ridge on New
`Jersey on March 18, 2015, at
`approximately 8:00 a.m.
` My name is Dale Swindell from
`TSG Reporting Incorporated. I'm the
`certified legal video specialist. The
`Court Reporter is Rebecca Schaumloffel
`in association with TSG Reporting.
` Will counsel please introduce
`yourselves.
` MS. NAVA: Annaka Nava from
`Tensegrity Law Group for plaintiff,
`Solocron Media LLC.
` MR. ANDERSON: Kevin Anderson
`from Wiley Rein for defendant, Cellco,
`and with me I have in-house counsel,
`Jack Minnear.
` THE VIDEOGRAPHER: Will the
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` A. VAN VOLKOM
` Court Reporter please swear in the
` witness.
`A L I S S A V A N V O L K O M, called
`as a witness, having been first duly sworn
`by a Notary Public of the State of New York,
`was examined and testified as follows:
`EXAMINATION BY
`MS. NAVA:
` Q. Good morning, ma'am.
` A. Good morning.
` Q. Could you please state your name
`and address for the record?
` A. Sure, my name is Alissa Van
`Volkom, and my address is 28 Apple Grove
`Drive in Holmdel, New Jersey.
` Q. Are you employed?
` A. Yes.
` Q. By whom?
` A. Verizon.
` Q. Do you know the entity which
`employs you?
` A. Verizon.
` Q. Do you know more specifically,
`Cellco Partnership?
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` A. VAN VOLKOM
` A. Cellco Partnership.
` Q. Have you ever been deposed
`before?
` A. I have.
` Q. How many times?
` A. Once.
` Q. When was your last deposition?
` A. It was about four years ago.
` Q. Do you recall the matter in which
`you were deposed?
` A. It was related to a data usage.
`I was running pricing at the time, and it was
`related to our data usage pricing.
` Q. Did that matter have any relation
`to ringtones at all?
` A. It did not.
` Q. So your counsel has probably
`already given you a little bit of the
`background of how a deposition worked. You
`have had some experience in that regard. But
`if you allow me to go over a few things. If
`you can please try to keep your answers
`audible so the Court Reporter can take it
`down rather than shaking your head.
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` A. VAN VOLKOM
` A. Okay.
` Q. Or saying un-un or um-um. And if
`I ask a question which you don't understand,
`can you please let me know so I can rephrase
`it?
` A. Okay.
` Q. Your attorney may object during
`the deposition but unless he gives you a
`specific instruction not to answer, you may
`answer the question.
` Do you understand that?
` A. Okay.
` Q. Can you please tell me your
`current position at Verizon?
` A. My current position is
`vice-president of consumer product marketing.
` Q. How long have you had that
`position?
` A. Six months.
` Q. What was your position prior to
`vice-president of consumer product marketing?
` A. Executive director of consumer
`product marketing.
` Q. How long did you have that
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` A. VAN VOLKOM
`position?
` A. Close to two years.
` Q. What was your position before you
`were executive director of consumer product
`marketing?
` A. Director of Go-To-Market.
` Q. How long did you have that
`position?
` A. Probably about a year.
` Q. What was your position before you
`were director of global marketing?
` A. It was director of Go-To-Market.
`The one that you said, you just said global
`marketing, it was director of Go-To-Market.
` Q. Go-To-Market?
` A. Yes.
` Q. Understood.
` A. And previous to that it was
`director of pricing.
` Q. And how long did you have that
`position?
` A. Close to three years.
` Q. When did you start working at
`Verizon?
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` A. VAN VOLKOM
` A. 2003.
` Q. What did you do before you worked
`at Verizon?
` A. I worked for a direct marketing
`company.
` Q. What company was that?
` A. It was Dr. Leonard's Healthcare
`and Carol Wright Gifts.
` Q. Was your position in marketing?
` A. It was.
` Q. Can you please tell me your job
`responsibilities in your current position as
`vice-president?
` A. My current responsibilities are
`to look after the consumer Internet space and
`broadband and communication products and to
`identify key opportunities in the market
`around what we should deliver to customers,
`what the key features are, the business model
`looks like and then delivering on that to
`customers.
` Q. And does your current position
`relate to ringtones?
` A. Ringtones, music is one of the
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` A. VAN VOLKOM
`products in my portfolio.
` Q. And ringtones is a subset of
`music?
` A. Correct.
` Q. Has your responsibilities changed
`when you took your vice-president position
`from your previous positions?
` A. Yes.
` Q. Can you please tell me your
`responsibilities when you were executive
`director?
` A. I should say that the
`responsibility when I was an executive
`director of product marketing, the scope was
`similar. My product set was slightly
`different and smaller.
` Q. Did it include ringtones?
` A. It did.
` Q. Can you tell me your job
`responsibilities in your position previous to
`executive director?
` A. When I was director of
`Go-To-Market, my responsibilities were to
`take Products and Services in the portfolio,
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` A. VAN VOLKOM
`whether that was pricing or products from
`kind of the pre-launch phase to launch and
`deliver to the channels. Whether that was
`our stores or our care centers or those types
`of things, delivering on that.
` Q. Did that -- did your
`responsibilities in your Go-To-Market
`position include responsibilities related to
`ringtones?
` A. It would have but I don't
`remember launching anything related to
`ringtones when I was in Go-To-Market.
` Q. Do you remember having any
`business responsibilities related to
`ringtones whether or not you actually
`launched a ringtone product?
` A. Not in my Go-To-Market position.
` Q. Then in your position previous to
`that as, I believe, you said it was director?
` A. Of pricing.
` Q. Of pricing. Did that -- can you
`please describe your responsibilities in that
`position?
` A. It was to outline the overall
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` A. VAN VOLKOM
`pricing strategy for the company for the
`wireless business unit. And to deliver
`revenue as it relates to that.
` Q. Did that include ringtones?
` A. I did not have any scope of
`ringtones at the time.
` MS. NAVA: I would like to mark
` two exhibits at this time. So the
` first one is Notice of Deposition
` under Rule 30(b)(1) and Exhibit 2 is a
` Notice of Deposition under Rule
` 30(b)6.
` (Whereupon, Plaintiff's Exhibit
` 1, Notice of Deposition under Rule
` 30(b)(1) was marked for identification
` as of this date by the Reporter.)
` (Whereupon, Plaintiff's Exhibit
` 2, Notice of Deposition under Rule
` 30(b)6 was marked for identification
` as of this date by the Reporter.)
`BY MS. NAVA:
` Q. Miss Van Volkom, have you seen
`Exhibit 1 before?
` A. This one is 1?
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` A. VAN VOLKOM
` Q. The shorter one, yes.
` A. I have seen something similar to
`this. I don't know if it was this exact
`document, though.
` Q. And this is just for the record
`to show that you have been -- you have been
`noticed for your deposition here today in
`your personal capacity so that if you have
`any personal knowledge of questions that I
`ask, that you are free to answer those
`questions. You can put this to the side.
` A. Okay.
` Q. The second exhibit, Exhibit 2?
` A. Yes.
` Q. Have you seen this exhibit
`before?
` A. I have.
` Q. Do you understand that you have
`been designated by Verizon as its Rule 30(b)6
`corporate representative for this deposition?
` A. I do.
` Q. Is it your understanding that you
`have been designated to speak as to topics
`number 41 and 45 which are listed on page 9
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` A. VAN VOLKOM
`of Exhibit 2?
` A. I do.
` MR. ANDERSON: Counsel, for the
` clarification on topic 45, it is for
` the ringtone stores not the MMS
` messaging.
` Q. Is your understanding you have
`been designated as Verizon's corporate
`witness on topics 41 and 45 as it relates to
`ringtones, correct?
` A. Yes.
` Q. And do you understand that as the
`corporate representative, your testimony will
`bind the company?
` A. Yes.
` Q. And do you understand that the
`purpose of a Rule 30(b)6 deposition is to get
`Verizon's knowledge just as if Verizon was a
`living, breathing person that could come in
`and testify?
` A. Yes.
` Q. Turning to topic number 45 first,
`topic 45 states, quote, "The advertising,
`marketing, promotion, offering for sale, or
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` A. VAN VOLKOM
`licensing of Your Ringtone Stores or MMS
`messaging", and I understand that you are
`only going to testify about the ringtone
`portion of that.
` Did you prepare to testify
`regarding this topic?
` A. I did.
` Q. What did you do to prepare?
` A. So in my normal scope of work,
`just from managing the product portfolio, I
`am looking after our products on a regular
`basis and understanding what we are doing in
`order to support those.
` In addition, I met with the
`attorneys yesterday to go through some of the
`specifics of this case to make sure that I
`had a solid understanding, and then I also
`spoke with one of my team members who is
`directly related to the case as well.
` Q. How long did you meet with your
`attorneys yesterday?
` A. Two hours. Three hours; two or
`three hours.
` Q. Who was present during this
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` A. VAN VOLKOM
`meeting?
` A. These gentlemen right here.
` Q. For the record, you are
`indicating Mr. Kevin Anderson and Verizon's
`in-house counsel, Mr. Jack Minnear?
` MR. MINNEAR: Minnear.
` A. Yes.
` Q. During your meeting yesterday,
`did you review documents?
` A. We did.
` Q. Do you recall what documents you
`reviewed?
` A. This was one of them. Sorry, I
`am referencing the document number 2 that you
`just handed me. There was a couple of other
`documents, I don't recall the names of them.
`But a couple of other internal Power Point
`documents that were authored by folks from
`Verizon.
` Q. And did those documents relate to
`ringtones?
` A. They related to music.
` Q. Do you recall when those
`documents were authored?
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` A. VAN VOLKOM
` A. I believe there was a variety of
`dates probably ranging 2007 to 2009, maybe.
` Q. You mentioned that you spoke with
`a member of your team?
` A. Correct.
` Q. Who was that?
` A. Matt Alderson.
` Q. Did you speak with anyone else?
` A. I did not.
` Q. Did Matt Alderson provide you any
`factual information for use in your
`deposition today?
` A. He did not.
` Q. Did your attorneys provide you
`with any factual information for use in your
`deposition today? And let me clarify. I am
`just looking for a yes or no answer. I am
`not looking for the substance of your
`communications at this time, and when I say
`factual information, I don't mean strategy
`about the deposition. I don't mean --
` A. Right.
` Q. -- things like tell the truth or
`anything like that. I mean facts related to
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` A. VAN VOLKOM
`the topics that you are here to testify
`about.
` A. Yes.
` Q. Can you tell me what factual
`information that was?
` A. They briefed me on some of the
`activities around music that were a part or
`would likely be in the scope of this
`discussion as it related to prior to me being
`involved in the service which was probably
`pre-2011.
` Q. Do you recall with any more
`specificity the factual information that was
`given to you regarding activities around
`music prior to 2011?
` A. Just some overview around what
`the company felt the -- some of the documents
`that they referred to were the opportunity
`that we looked at for music. Some of the
`strategies that were associated with it. So
`that I had some of that background.
` Q. Can you provide me the factual
`overview?
` A. The factual overview was just
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` A. VAN VOLKOM
`around the music opportunity. I don't recall
`the exact numbers or what that looked like
`but some of the opportunities of our
`competitors that were in the market.
`Strategies that we looked at doing on
`delivering around that music strategy.
` Q. Who were the competitors in the
`market?
` A. Apple iTunes was the primary
`competitor at the time.
` Q. What time period are you
`referring to?
` A. The documents that we looked at
`primarily were from, I think, 2006 or '7
`through 2009.
` Q. Any other competitors during the
`time period of 2006 to 2009 that you are
`aware of?
` A. Not that I recall from the
`conversation yesterday.
` Q. You also mentioned receiving
`factual information regarding strategy.
` A. Yes.
` Q. Can you please let me know what
`
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