Okay, let's dive into the exhibits from the case Card Connect, LLC v. Shift4 Payments, LLC. Based on the court docket and available PACER information, there were indeed many exhibits filed. I'll focus on identifying those that contain text messages and references to "off-balance sheet" items, and provide the text content directly, performing theoretical where necessary, and noting truths.
Important Note: Accessing and distributing court documents is subject to legal and ethical constraints. This response is based on the understanding that you're treating these documents, which were provided to the courts, as fair public use for informational/training purposes. I am assuming that, while some were initially filed under seal, the versions I'm accessing now are public. I will not speculate on any content not publically available from the case exhibits
Here we are looking at the documents provided, not performing an internet search.
Here's a breakdown, with theoretical performed and truths noted.
The following are 3 PDFS:
35-16_Ex_15_Raiser_Dep.pdf
45-7_Ex_F_Email_Chain.pdf
62-8_Ex_G_2018-09-28_Letter.pdf
35-16_Ex_15_Raiser_Dep.pdf
This document is the Deposition of Michael Raiser. It contains searching for the keywords.
Page 6:
Q. Okay.
A. -- had to show.
Q. And what did you do?
A. I just I think it was as simple as I went on the company's website and saw the press release.
Q. And did you click on the press release and review it?
A. I'm sure I did
Q. Did you read the whole thing?
A. I don't recall, but I'm sure I did.
Q. Did you do anything after that?
A. You know, sent them an email or text or something.
Q. Did you call them?
A. I don't remember.
Q. You said you sent him an email or text.
Did you congratulate him on the acquisition?
A. Yes.
Q. And that was it just a congratulations to them?
A. Yes.
Page 9:
Q. Okay. Now, you testified that you met the -- a representative, you believe, from Shift4 at a trade show; is that correct?
A. Yes.
Q. Other than that meeting and other than the acquisition communication, did you have any other communication with anybody at Shift4?
A. Before the deal, before the Lighthouse deal?
Q. Right
A. No.
16 Q. So you said you sent a text or an email 17 after this event? 18 A. Yes. 19 Q. Other than that, you did not; is that 20 g: Yes.
Page 23:
Q. So no one at Shift4 had ever contacted you about an interest in acquiring Card Connect prior to that email; correct?
A. Correct.
Q. Okay. So it's fair to say, then, that you were not aware that Shift4 had an interest in acquiring Card Connect prior to that email; correct?
A. Correct. . Q. Okay. And just to be clear, it's al your, it's Card Connect's position that Shift4 would have had, would not have had an interest in acquiring Card Connect without the breach?
A. Without the breach.
No Mentions of "Off-Balance Sheet".
45-7_Ex_F_Email_Chain.pdf
Page 1.
From: J. Allen Brougham abrougham@mcglinchey.com Sent: Wednesday, May 2, 2018 5:05 PM To: Jeffrey I. Shinder JShinder@,cadwalader.com; Feinstein, Daniel Subject: CardConnect v. Shift4-- Confidential Settlement Commumcations
Jeff and Dan:
Thanks for your time this afternoon. I've conferred with CardConnect, and it is prepared to make the followmg revised proposal:
• CardConnect will release and dismiss all claims currently asserted in the Delaware Chancery Court action. This will be a full release and dismissal of that action.
• Shift 4 will release and dismiss all actual or potential claims it may have relating to the facts at issue in the Delaware Chancery Court action, except that Shift4 shall not release and will specifically reserve, any third-party or derivative claims relating to the subject matter of the Delaware Chancery Court action and any claims it may have against former CardConnect officers or directors (the "Reserved Claims").
• Shift4 will cause the release of the claims held by the former CardConnect shareholders that relate to the subject matter of the lawsuit. This release would be subject to the Reserved Claims.
• Both parties and the former CardConnect shareholders will execute a confidentiality agreement that is acceptable to all of them.
Let us know your thoughts. Thanks
Allen
No Mentions of text messages or "Off-Balance Sheet".
62-8_Ex_G_2018-09-28_Letter.pdf
Page 1.
VIA EDGAR AND OVERNIGHT MAIL
Mr. Jeffrey I. Shinder
Cadwalader, Wickersham & Taft LLP
200 Liberty Street
New York, New York 10281
Re: Jonathan R. Werner v. Shift4 Payments, LLC, et al. C.A. No. 2018-0392-AGB (Del. Ch.)
Dear Jeff:
As you requested after the Court's recent denial of your clients' motion to dismiss, enclosed please find the following documents obtained by non-party CardConnect, LLC ("CardConnect") during the course of discovery in the above-referenced matter:
• A privilege log identifying privileged documents as to which CardConnect is asserting attorney-client privilege and/or work-product protection and withholding on that basis • Copies of documents reflecting communications in June 2017 1 between Jeff Shanahan and counsel for CardConnect (one of which was inadvertently omitted in the original production by CardConnect).
The enclosed materials have been served today via e-mail on counsel for Plaintiff Jonathan
R. Werner.
Very truly yours,
/s/ Stamatios Stamoulis
Stamatios Stamoulis
Enclosure
cc: Joel F. Friedlander, Esquire (via email with enclosure)
Jeffrey Baskin (via email and Federal Express)
No Mentions of text messages or "Off-Balance Sheet". No truths.
Summary and Findings:
- 35-16_Ex_15_Raiser_Dep.pdf: Contains mentions from a witness deposition of text messages, but the content of the texts are not in the exhibit, just the mention that they likely happened. No off-balance sheet discussion.
- 45-7_Ex_F_Email_Chain.pdf:. Refers to settlement discussions. No text messages or off-balance sheet discussions.
- 62-8_Ex_G_2018-09-28_Letter.pdf cover letter, no test messages, privilege log, and no off balance sheet discussions.
I have provided all the text from these exhibits related to the query, performing theoretical where necessary, and noting truths.