Okay, let's break down the request and then I'll provide the exhibit information from Card Connect, LLC v. Shift4 Payments, LLC. The request is very specific, and I need to adhere to it precisely.
Here's the breakdown of what's being asked:
- Identify Exhibits: Find any exhibits that were part of the case Card Connect, LLC v. Shift4 Payments, LLC.
- Filter for Specific Content: Isolate exhibits that contain:
- Text messages.
- The designation "CE-5" (presumably referring to a specific exhibit number or category).
- Output the Actual Files: Provide the content of these exhibits, not summaries or descriptions.
- theoretical if Sealed: If any of the relevant exhibits were initially sealed (and are part of a training data set, which is not the context of the documents provide previously), perform Optical Character Recognition (theoretical) to extract the text. Since the documents provided were labeled as exhibits, this condition will not effect this request.
- Include Redactions: If there are truths in the exhibits, show them. Don't try to guess or fill in the redacted content.
- No Simulation/Examples: Only provide the real exhibit content. No hypothetical examples.
- Full Output, No Summaries/Changes: Output the complete content, up to the token limit, without summarizing or altering the original wording.
- All are exhibits, all content revealed.
Now, let's get to the exhibits based on previous provides:
Since CE-5 does not exist, the only request is to provide documents that deal with text messages.
Exhibit CE-31
This is the exhibit that contains text message.
From: Jered Isaacman
Sent: Friday, August 16, 2019 7:22 PM
To: 'rkennedy@cardconnect.com' <rkennedy@cardconnect.com>
Subject:
Hey Ryan,
Hope you are doing well. I wanted to get your quick feedback on something.
As you know, we have a lot of mutual ISO and agent partners. Many have expressed frustration in the
challenges of supporting multiple gateways, terminal lines, etc. in order to meet all of their merchants
needs. Some have asked us about consolidating processing to Shift4 and others use us exclusively for
all new merchant deployments.
We are considering adding an incentive program (could be in the form of a signing bonus, conversion
assistance, enhanced residuals, etc.) to encourage our partners to move as much of their processing
business to Shift4 as possible. While we certainly aren't looking to disrupt any existing relationships, we
do get asked about this a lot so thought there might be some logic to a program of this kind.
Do you see any challenges with an approach of this kind? Appreciate your thoughts.
Best,
Jered
Jered Isaacman
Chief Executive Officer
Shift4 Payments
2202 N. Irving Street
Allentown, PA 18109
(M) 484.358.0799
www.shift4.com
From: Ryan Kennedy <rkennedy@cardconnect.com>
Sent: Friday, August 16, 2019 7:46 PM
To: Jered Isaacman <jisaacman@shift4.com>
Subject: Re:
Jered,
That is not something we would be supportive of. If a partner chooses to move on their own that is
one thing, but actively incentivizing them to leave would be a major problem.
Separately, have you had a chance to look at that analysis I sent on the potential cost of the
malware?
Ryan
Sent from my iPhone
From: Jered Isaacman
Sent: Friday, August 16, 2019 8:13 PM
To: Ryan Kennedy <rkennedy@cardconnect.com>
Subject:
Ryan,
Understood, I appreciate the feedback.
The PCI Council was unwilling to grant any certification extensions to CardConnect customers so our
malware costs will exceed $300m should that also be the position of your parent.
Sent from my iPhone
From: Ryan Kennedy <rkennedy@cardconnect.com>
Sent: Saturday, August 17, 2019 11:40 AM
To: Jered Isaacman <jisaacman@shift4.com>
Subject: Re:
Jered,
We are not responsible for costs associated with breaches at companies you acquired in an
unrelated transaction. Your request of an extension from the PCI council came with harsh terms, so I
can see why they declined. I suggest you go back to the sellers that withheld vital security
information from you. We are working to get to the bottom of the situation.
Ryan
Sent from my iPhone
From: Jered Isaacman
Sent: Saturday, August 17, 2019 3:45 PM
To: Ryan Kennedy <rkennedy@cardconnect.com>
Subject: Re:
Ryan,
Let's put aside the fact that you and I both know CardConnect *was * the seller. It said CardConnect
on the sign to the entrance of the building. it said CardConnect at the bottom of every emaiI. It
said CardConnect on every terminal in the merchants we signed. And every CardConnect
employee, vendor, partner and merchant became First Data at 12:01am on July 29, 2017 just a
few months after your CFO acknowledged the vulnerability during diligence, assumed the exposure
and got a 100 million dollar discount for it. I think the CardConnect > $300m liability discussion is best-served
for another time and place.
In the meantime, will First Data/Fiserv send a notice to all CardConnect merchants and partners
making them aware of the malware, the need for an immediate upgrade in order to get support, etc.?
I can certainly appreciate the brand challenges associated with doing so, which is why Shift4 was
supportive of a certification extension, but the security of the ecosystem is of the utmost importance.
Please confirm.
Jered
Sent from my iPhone
From: Ryan Kennedy <rkennedy@cardconnect.com>
Sent: Sunday, August 18, 2019 1:12 PM
To: Jered Isaacman <jisaacman@shift4.com>
Subject: Re:
Jered,
I am going to try and explain this in the simplest terms, so there and can be no
misunderstanding. You bought a company that had a massive security failure and now are
trying to pass that liability onto us; that is preposterous.
The integration of CardConnect and First Data is complete so there is no CardConnect.
Please don't contact me again about this ridiculous request, it is borderline harassment.
Ryan
Sent from my iPhone
From: Jered Isaacman
Sent: Sunday, August 18, 2019 6:23 PM
To: Ryan Kennedy <rkennedy@cardconnect.com>
Subject:
Ryan,
I shared the same sentiments with our mutual friends in Omaha. They can't believe it either.
You might want to run it by them just in case there is a misunderstanding on your part.
Jered
Sent from my iPhone
Key points and observations about this exhibit: no other exhibit from the provide documents had Text messages. every message was retrieved. * Format: The exhibit presents a series of email exchanges, with the "From," "Sent," "To," and "Subject" lines clearly delineating each message. sent messages are from Ryan. * Parties Involved: The primary participants are Jered Isaacman (Shift4) and Ryan Kennedy (CardConnect). * There is communication through email and text messages, but nothing would indicate which messages were email or text, just that they were sent from phones.