Case 5:19-cv-00036-RWS Document 576-2 Filed 11/09/20 Page 1 of 15 PageID #: 30617
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`Exhibit 2
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`Case 5:19-cv-00036-RWS Document 576-2 Filed 11/09/20 Page 2 of 15 PageID #: 30618
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`Plaintiff,
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`MAXELL, LTD.,
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`v.
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`APPLE INC.,
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`Defendant.
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`IN THE UNITED STATES DISTRICT COURT
`FOR THE EASTERN DISTRICT OF TEXAS
`TEXARKANA DIVISION
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`§
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`CASE NO. 5:19-cv-00036-RWS
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`DECLARATION OF ILHWAN (JUSTIN) PARK
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`I, Ilhwan (Justin) Park, hereby declare, pursuant to section 1746 of title 28 of the
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`United States Code, as follows:
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`1.
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`My name is llhwan (Justin) Park. I am over 21 years of age, and I am fully
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`competent to make this declaration. The facts stated herein are within my personal
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`knowledge and are true and correct. Accordingly, if called as a witness, I could and would
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`competently testify to the following.
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`2.
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`I am a partner at DLA Piper LLP (US) (the “Firm” or “DLA”), with an office
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`address of 500 Eighth Street, NW, Washington, DC 20004. I obtained my Juris Doctor
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`degree from the University of Minnesota, and my LL.B. from Korea University. I am
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`licensed to practice law in California and in the District of Columbia.
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`3.
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`I joined DLA in January 2020. Prior to joining the Firm, I was employed as an of
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`counsel and then partner in the Washington, DC office of Mayer Brown LLP (“Mayer Brown”).
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`While employed at Mayer Brown, one of the clients for which I did some work was Maxell, Ltd.
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`(“Maxell”).
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`4.
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`Since joining DLA, I have not worked on any matters for Maxell, nor on any matters
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`adverse to Maxell. Since joining DLA, I also have not worked on any matter for Apple nor
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`1
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`Case 5:19-cv-00036-RWS Document 576-2 Filed 11/09/20 Page 3 of 15 PageID #: 30619
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`communicated with any DLA lawyers or paralegals representing Apple (or anyone else) about the
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`substance of any dispute between Maxell and Apple, including the above-captioned matter (the
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`“EDTX Matter”), a matter pending before the International Trade Commission (“ITC”) between
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`Maxell and Apple (the “ITC Matter”), and a matter between Maxell and Apple pending before
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`the Western District of Texas (“WDTX Matter”). I have not had any communications or meetings
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`regarding the substance of any work I may have done for Maxell while I was at Mayer Brown with
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`anyone employed by Apple or DLA.
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`5.
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`I have not disclosed any information regarding Maxell, including confidential or
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`privileged information that I learned while representing Maxell, to anyone at DLA, including to
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`members of the team of lawyers and paralegals representing Apple in the ITC Matter, the EDTX
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`Matter, and the WDTX Matter (the “DLA Apple Team”). Nor have I been asked by anyone at
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`DLA to disclose any information relating to Maxell. Of course, I would not have provided any
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`such disclosure or information even if I had been asked.
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`6.
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`On July 28, 2020, I communicated very briefly with Patrick Park about Jamie Beaber
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`and his trial team. Patrick Park and I have been friends for many years, and we participated in Bar
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`events together when I worked in Los Angeles. During a brief portion of what was otherwise a
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`personal conversation, Mr. Park asked if I knew Jamie Beaber, and I told him that Mr. Beaber and his
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`team were good lawyers. I did not believe it was necessary to report my communication with Mr.
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`Park to anyone at the Firm at the time, despite Maxell’s suggestion otherwise, as it was just a casual
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`communication which did not involve any confidential client information or, for that matter, any
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`substance at all. And certainly, at no time did I disclose to Mr. Park any Maxell privileged or
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`confidential information.
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`7.
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`To be very clear, I had no communications with Patrick Park, anyone on the DLA
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`Apple Team, anyone else at DLA, anyone employed by Apple, or anyone representing Apple
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`2
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`Case 5:19-cv-00036-RWS Document 576-2 Filed 11/09/20 Page 4 of 15 PageID #: 30620
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`pertaining in any way to the substance or merits of any dispute between Apple and Maxell. Nor have
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`I had any communications or meetings with any of the foregoing people pertaining in any way to my
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`prior work for Maxell while I was at Mayer Brown, or pertaining to any privileged or confidential
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`information I might be able to recall arising out of my prior work for Maxell.
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`8.
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`On July 30, 2020, I received a telephone call from Jamie Beaber, who is a friend and a
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`partner at Mayer Brown. During that call, Mr. Beaber mentioned that other attorneys at DLA were
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`representing Apple adverse to Maxell. (I have since learned that he was referring to the ITC Matter.)
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`Mr. Beaber advised me that Maxell had no intention of seeking to disqualify the Firm from
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`representing Apple. We agreed that I should ask DLA to establish an ethical wall due to my prior
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`work for Maxell. I did not have any knowledge about the ITC Matter; nor did I know whether the
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`ITC Matter had any relationship to any matter I had worked on while I was at Mayer Brown. At the
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`time of this July 30 phone call, I believed that Mr. Beaber was aware that I was not working on the
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`ITC Matter or anything else related to it, and that I certainly had not disclosed and would not disclose
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`anything privileged, confidential, or otherwise substantive regarding Maxell to anyone at DLA. Of
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`course, I already understood upon my arrival at DLA that all of the matters for multiple clients that I
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`worked on while I was at Mayer Brown were confidential and should not be discussed with anyone
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`unless the client and the matter followed me to DLA. I have fully complied with my obligation to
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`maintain the confidentiality of those matters at all times, including but not limited to Maxell.
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`9.
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`Shortly after my call with Mr. Beaber, and on that same day, I sent an email to Mr.
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`Fowler, who is the U.S. Vice Chair of the Intellectual Property and Technology practice group at
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`DLA, alerting him to my discussion with Mr. Beaber regarding an ethical wall. Mr. Fowler then
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`forwarded my email to Peter Lindau, a member of the Firm’s OGC, and asked him to work with me on the
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`implementation of the ethical wall. Mr. Lindau communicated with me that evening about the ethical wall,
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`and at that time I fully understood that I could not speak with anyone working on the ITC Matter about
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`Case 5:19-cv-00036-RWS Document 576-2 Filed 11/09/20 Page 5 of 15 PageID #: 30621
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`Maxell and could not disclose any information I knew regarding Maxell or any Maxell matter to anyone
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`representing Apple. This was fully consistent with the understanding that I had before and on July 30, as
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`well as the understanding I have had at all times after July 30, concerning my ethical obligations. I have fully
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`complied (and will continue to comply) with that understanding.
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`10. On August 10, 2020, Mr. Beaber and I communicated by text about matters having
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`nothing to do with Maxell or Apple. Mr. Beaber initiated that text exchange by asking me about my
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`recent trip to Korea. Although Mr. Beaber did not reference Apple or Maxell during the exchange, I
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`said that I had contacted “Fowler and the in house counsel re Chinese wall so we are good.” A true
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`and correct copy of that portion of our text dialogue is attached to this declaration as Exhibit A. Mr.
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`Beaber did not respond to my comment about the ethical wall. Instead, the remaining portions of the
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`text exchange between myself and Mr. Beaber on August 10 discussed other personal matters such as
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`vacations and family. Those remaining portions had nothing to do with Maxell or Apple. As a result,
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`based on Mr. Beaber’s silence in response to my comment about having contacted DLA’s OGC about
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`an ethical wall, I understood no further communications or notices were necessary regarding an ethical
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`wall or anything else about Maxell and Apple. He did not suggest to me that he wanted a formal
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`response from DLA; nor did he ask to have DLA provide him any further information, either in this
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`text exchange or in any other form at any time thereafter.
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`11. On August 18, 2020, I received a formal ethical screen notification from the Firm’s
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`OGC. Even before I reviewed that notification, I understood that I should not communicate
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`with, nor provide any information to, any member of the DLA Apple Team about Maxell. As
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`stated above, it has always been my understanding that I should not disclose any privileged or
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`confidential information about any client of mine while I was at Mayer Brown, unless that client
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`elected to move its matter and files to DLA with me. Accordingly, I understood that (1) I was to
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`have no communications with any member of the DLA Apple Team on any matter related to
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`Case 5:19-cv-00036-RWS Document 576-2 Filed 11/09/20 Page 6 of 15 PageID #: 30622
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`Maxell; (2) I was not to work on anything related to my previous work for Maxell; (3) I would
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`not be allowed access to any case files (physical or electronic) for any matter involving Apple and
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`Maxell; and (4) I was not to receive any information about any matter involving Apple and Maxell
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`from any of Apple’s counsel, including any member of the DLA Apple Team. In short, I
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`understood that I could not disclose any client confidential or privileged information I learned in
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`connection with my previous work for Maxell to anyone at DLA. I have not done so; nor would I
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`ever do so even if someone had asked me to do so.
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`12.
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`In connection with the events described above, I had various email communications
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`with the Firm’s OGC, which I understood were privileged. On October 8, 2020, I decided to
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`consolidate those communications into an Outlook folder. To populate that folder, I searched for,
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`among other things, the term “Maxell.” In so doing, I discovered several emails relating to Maxell
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`that Mayer Brown had included as part of a client file transfer for another client—i.e., having nothing
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`to do with Maxell. I immediately provided those emails to Mr. Lindau and Charles Deem, another
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`member of the OGC. I then promptly deleted them from my email folder. I did not review the
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`contents of those emails. I was not even aware that I possessed the emails until I ran the search on
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`October 8, 2020. I did not provide those emails to anyone at the Firm other than Mr. Lindau and Mr.
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`Deem.
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`13.
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`Before October 8, 2020, if I needed specific documents for a client in one of the files
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`that Mayer Brown had transferred, I would simply access specific emails that I needed regarding that
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`client. I would locate those emails by searching for terms or dates associated with the email I needed
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`to find. I had never reviewed the entirety of any of the client files that Mayer Brown transferred to
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`DLA to inventory what was in it. Accordingly, because I did not know Mayer Brown had
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`included those Maxell emails of its own accord as part of the client file transfer for another
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`client, I stated in a declaration dated September 24, 2020, before my email search for
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`5
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`Case 5:19-cv-00036-RWS Document 576-2 Filed 11/09/20 Page 7 of 15 PageID #: 30623
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`“Maxell,” that I did not possess any confidential or privileged documents or information
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`relating to Maxell. I believed that statement to be true when I made it for the reasons I have
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`explained.
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`14.
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`Because Mayer Brown has mischaracterized the events related to these Maxell emails
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`in its motion to disqualify DLA, I would like to provide even more clarification and detail to correct
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`the record. In his declaration, Mr. Beaber implies that I directed my former assistant at Mayer
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`Brown to move these Maxell emails into a folder so that I could take them with me to DLA
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`and that the transfer of these emails was done without Mayer Brown’s knowledge or consent.
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`Maxell’s motion at various places falsely states that I “took” the emails and that they were
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`“taken” by me, and both Mr. Beaber’s declaration at paragraph 19 and Maxell’s motion
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`insinuate that I asked my former assistant at Mayer Brown to move those emails into the
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`client file folder of another client. I unequivocally represent to the Court that Mr. Beaber’s
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`and Maxell’s insinuations and assertions are absolutely false. While I recall asking my former
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`assistant to make sure that emails relating to the matters being transferred to DLA were
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`included in the file transfer, I never directed my former assistant (or anyone else at Mayer
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`Brown) to move any Maxell-related emails (or any materials relating to my work for Maxell)
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`to a folder or database or anywhere else so that I could take with them with me. Nor do I
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`believe my former assistant would have done so if I had asked. I also did not take these
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`emails (or any materials relating to my work for Maxell) with me to DLA, and I did not place
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`any such emails or materials into any folders or databases to cause them to be transferred by
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`Mayer Brown to DLA after my departure. Rather, as discussed below, certain clients who
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`elected to follow me to DLA requested that their files be transferred to DLA, and Mayer
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`Brown included the Maxell emails without my knowledge in the client file of one of the
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`6
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`Case 5:19-cv-00036-RWS Document 576-2 Filed 11/09/20 Page 8 of 15 PageID #: 30624
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`clients who followed me to DLA. Mayer Brown sent that client file from another client
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`roughly one month after I had joined DLA.
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`15.
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`Thus, when I left Mayer Brown, one of the clients that elected to follow me to DLA
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`was a client I will refer to as “Client A,” which I was representing in what I will call “Matter X.”
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`Following my departure from Mayer Brown, Client A and other clients wrote to Mayer Brown to
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`request the transfer of their respective files. For instance, on February 4, 2020, and after I had joined
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`DLA, Client A emailed Charles Regan of Mayer Brown to request the transfer of its client files to
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`DLA, including paper and electronic documents such as emails, relating to Matter X and two other
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`matters. A true and correct redacted copy of that email is attached hereto as Exhibit B. I obviously
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`was not involved in the process of collecting documents and assembling files, including the emails, at
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`Mayer Brown since I had already joined DLA. On February 21, 2020, Frank Krzus at Mayer Brown
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`emailed me links to files for Client A, among other clients, that could be accessed on a shared folder
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`in the cloud. I asked my new assistant at DLA to download the files. My assistant, with the help of
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`the Firm’s IT group, downloaded the files and sent me links to the folders. In total, there were four
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`folders, each with titles reflecting the files that Mr. Krzus had sent. One was named for Client A; the
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`other three were named for other clients that came with me to DLA. Notably, none of the files was
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`named “Maxell” or referenced any of the Maxell matters on which I had worked. Therefore, I had
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`no reason to suspect that Mayer Brown had included anything related to Maxell in them, including the
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`Maxell-related emails. Attached hereto as Exhibit C is a true and correct copy of an email that Mr.
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`Krzus sent to me on February 21, 2020, attaching a link to the client files for Client A (the name of
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`which is redacted)—a file that, unknown to me until October 8, contained the Maxell mails at issue
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`here.
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`16.
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`Later, on or about April 8, 2020, I attempted to access one of the folders but was
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`unable to do so. As a result, I asked my assistant at DLA for help. My assistant contacted the Firm’s
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`Case 5:19-cv-00036-RWS Document 576-2 Filed 11/09/20 Page 9 of 15 PageID #: 30625
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`IT Department, who moved the files into my inbox, where the emails made up a separate .pst file. I
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`reasonably assumed those transferred files were limited to files relating to the specific clients who had
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`authorized their files to be transferred to DLA, including Client A, for the reasons noted above. I did
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`not learn otherwise until I ran the search for “Maxell” on October 8, 2020 that I discussed above. To
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`be clear, I never asked anyone at Mayer Brown to include Maxell-related emails in the files that were
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`transferred to me, and it is inexplicable to me that Mayer Brown did so.
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` declare under penalty of perjury under the laws of the United States of America that the
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`foregoing is true and correct.
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`Executed on November 9, 2020.
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`ILHWAN (JUSTIN) PARK
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`8
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`Case 5:19-cv-00036-RWS Document 576-2 Filed 11/09/20 Page 10 of 15 PageID #: 30626
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`Exhibit A
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`Jamie Beaber
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`."._
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`I
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`,’-,_]
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`.122 .5 _-i V'.‘ «1
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`Monday, August 10, 2020
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`Jamie Beaber
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`Make it safely to Korea?
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`-.~
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`I
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`.-.1
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`ii: I151
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`i
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`i
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`:1
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`? Hui
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`i r':
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`'-
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`" I"-.v|
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`Jamie Beaber
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`I thought you were out this week.
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`Case 5:19-cv-00036-RWS Document 576-2 Filed 11/09/20 Page 11 of 15 PageID #: 30627
`-OOO361QW§ Document 576-2 Filed 11/09/20 Page 1:33f:_§__Pag
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`<
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`Jamie Beaber
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`Q E
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`Thursday, July 30, 2020
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`. Jamie Beaber
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`K.
`Voice Call
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`You guys in DC?
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`Case 5:19-cv-00036-RWS Document 576-2 Filed 11/09/20 Page 12 of 15 PageID #: 30628
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`Exhibit B
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`Case 5:19-cv-00036-RWS Document 576-2 Filed 11/09/20 Page 13 of 15 PageID #: 30629
`Case 5:19-cv-00036-RWS Document 576-2 Filed 11/09/20 Page 13 of 15 PagelD #: 30629
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`-I
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`—
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`c-
`From:
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`To: nmaerbrown.com
`Cc:
`justin.Erk@dlagig.com;-
`Subject:
`Request or Fi e Transfer
`Date:
`Tuesday, February 4, 2020 10:08:39 PM
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`— (
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`Mayer Brown) Request for File Transfer_200205.pdf (50 KB)
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`— : 20200205 ~ 202002-12
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`Mr. Regan:
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`My name is— and I am the in-house attorney at— handling the— |
`itigation.
`l have attached -request to Mayer Brown regarding the file transfer of the— litigation ca
`se to DLA piper.
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`Thank you.
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`Best Regards,
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`PRIVILEGED AND CONFIDENTIAL SUBJECT TO ATTORNEY-CLIENT PRIVILEGE AND WORK PRODUCT IMMUNITY
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`al Affairs Team
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`L
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`Legal Counsel (NY, NJ)
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`entia in ormation su ject to attorney—client privilege
`an con
`is e—mai , inc u ing any attac ments, may contain privi eg
`and work product immunity. If you are not the intended recipient, please delete it without further distribution and reply to the
`sender that you have received the message in error.
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`Case 5:19-cv-00036-RWS Document 576-2 Filed 11/09/20 Page 14 of 15 PageID #: 30630
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`Exhibit C
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`Case 5:19-cv-00036-RWS Document 576-2 Filed 11/09/20 Page 15 of 15 PageID #: 30631
`Case 5:19-cv-00036-RWS Document 576-2 Filed 11/09/20 Page 15 of 15 PagelD #: 30631
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`From:
`To:
`Subject:
`Date:
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`Krzus FrankA.
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`Park Justin
`Reminder: Krzus, Frank A. has irwitied you to collaborate on Box
`Frirhy, February 21, 2020 7:27:58 AM
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`[EXTERNAL]
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`Krzus, Frank A. has invited you to collaborate on a folder:
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`Reminder: Krzus. Frank A. is waiting for your reply.
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`q - Park Transfer
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`C0 (fix-rated Folder
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`Accept Invite
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`Get our app to view this on mobile
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