Exhibit 1
Case 2:17-cv-03521-TJS Document 247-1 Filed 03/13/20 Page 1 of 44
Case 2:17-cv-03521-TJS Document 247-1 Filed 03/13/20 Page 2 of 44
IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
CARDCONNECT, LLC,
Plaintiff,
v.
SHIFT4 PAYMENTS, LLC and
SHIFT4 CORPORATION,
Defendants.
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CIVIL ACTION
NO. 17-3521
DECLARATION OF JARED ISAACMAN
I, Jared Isaacman, declare as follows:
1.
I am the Chief Executive Officer of Shift4 Payments, LLC and Shift4
Corporation (collectively, “Shift4”). I have held this position since I founded Shift4 in 1999.
2.
I have personal knowledge of the facts set forth below and could and would
testify competently to them in court.
3.
I submit this declaration in opposition to the Motion for Sanctions for Spoliation
of Evidence (“Motion”) filed by CardConnect, LLC (“CardConnect”).
Background on Shift4’s Text Message Retention Policies
4.
In 2016, Shift4 began implementing a text message policy, which directed
employees not to use text messaging for work-related communications, except in rare instances,
and that even in those rare instances, the text messages were to be deleted.
5.
The purpose of this policy was two-fold: (1) to ensure that substantive work-
related communications occurred on media that could be appropriately retained by Shift4, such as
email; and (2) to secure Shift4’s data from various cyber risks that existed at the time.
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6.
In 2016, the use of ransomware, which can use various forms of messaging such
as multi-media messaging services (“MMS”), to infect computer systems, was becoming more
prevalent.
7.
In order to limit the risk of a ransomware infection, I communicated to various
personnel, through emails and in-person discussions, about the ransomware risk.
8.
For similar data security reasons, I also generally instructed various Shift4
personnel that they should use email, and not text messaging, for work-related communications.
9.
While I do not recall the precise phrasing, I know that I generally told these
personnel to use non-text messaging channels for work-related communications.
10. I also told various Shift4 personnel that they should generally delete any work-
related communications that did occur via text message. My recollection is that I generally
instructed, depending on the employee, deletion either immediately or on at least a daily basis.
11. As part of these discussions, I conveyed this information to various members of
our Sales team, including, among others: Michael Russo, Daniel Montell, Michael Lopez, and
Nate Hironimus.
12. I have observed personnel, including Daniel Montell, Michael Lopez, and Nate
Hironimus, adhering to this policy, as they have represented to me that they have deleted text
messages.
13. I recall having general discussions about this policy with Frank Young, but I do
not recall following up with him to ensure that he was complying with this policy.
14. I also made sure to communicate this text message policy to the Onboarding
Department in 2016 through Jayme Amirie, Shift4’s Vice President - Merchant Implementation.
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15. I recall informing Ms. Amirie, as the head of Onboarding, that personnel in her
group should not be communicating with merchants or partners through text messages because it
was not a secure form of communication.
16. In particular, I recall having conversations with Ms. Amirie after there was a
security breach at sFTP (“Secure File Transfer Protocol”) vendor Accellion, which led to a threat
to release confidential documents.
17. In response to the Accellion incident, Shift4 advised merchants to communicate
with Shift4 only through either email or phone. Consistent with this instruction regarding external
communications, I also instructed Ms. Amirie to follow the existing policy that personnel in her
group should not be using text messages with merchants and should delete any such messages.
18. Shift4’s intention to prohibit substantive work-related communications via text
message, whether with external or internal parties, is further corroborated by its preservation of
text messages, at various points in time, from numerous Shift4 custodians, including key Sales,
Executive, and Technical personnel during the relevant timeframe.
19. As demonstrated by these preserved messages, Shift4 employees followed the
text message policy and did not conduct substantive work-related communications by text.
The Text Messages at Issue
20. CardConnect’s motion is based on a handful of text messages between Frank
Young and various CardConnect personnel, two text messages between me and CardConnect’s
former President, Jeff Shanahan, and certain text messages from Michael Lopez and an
unidentified person.
21. The text messages between Frank Young and various CardConnect personnel
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were not produced by Shift4.
22. The text messages between Jeff Shanahan and me were produced by Shift4.
23. The text messages between Michael Lopez and an unidentified person were not
produced by Shift4.
24. With respect to Mr. Young, I had general discussions with Mr. Young about the
policy prohibiting substantive communications via text messages, but I never followed up
with him to ensure that he was complying with this policy.
25. With respect to the text messages with Jeff Shanahan, these text messages can
hardly be considered a discussion of substantive work-related matters. Rather, they reflect a
limited exchange of pleasantries and a request to speak. I followed my practice and deleted these
text messages, likely on a daily basis.
26. After CardConnect filed its motion, I did a search of my current phone, an iPhone
11, and was able to locate the two text messages with Mr. Shanahan.
27. My current phone contains only a small subset of text messages from the relevant
time period (January 2016 to present), and I do not know why these text messages were retained
on my current phone given my frequent deletion of text messages. I can only assume that it was
due to some quirk in the transition of data that occurred when I switched from my old phone to my
new phone.
28. With respect to the text messages purportedly between “Mike” and an unidentified
person, CardConnect provides no context to these messages, nor does it even identify which
“Mike” allegedly sent these texts or who the recipient(s) of the texts are.
29. With respect to the Shift4 policy against conducting substantive work-related
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communications, it does not matter whether these messages concerned CardConnect’s “lousy
support” or any other topic.
30. Even though Shift4 believes the Motion should be denied in its entirety simply
because it did not conduct substantive work-related discussions via text message, in order to
confirm and supplement my recollection of the facts, I requested that Shift4 restore and search its
text message backups from the relevant timeframe: (i) on multiple specific dates referenced by
CardConnect; (ii) for 1-2 full days based on those specific dates; and (iii) for additional dates.
31. The restored text messages include messages for Mr. Young, Mr. Lopez and me,
among others.
32. None of the restored text messages undermine Shift4’s text message policy, as
these messages similarly do not contain substantive work-related communications.
33. For example, the text messages restored for Mr. Young do not reflect any text
messages to or from CardConnect personnel.
34. The text messages for Mr. Lopez, do reflect a few text messages around one of
CardConnect’s specific examples, but these messages do not concern CardConnect’s “lousy
support.”
35. Rather, these messages, in which Mr. Lopez texts “Did u call me,” “hello,” “Give
me a shout when you can,” reflect that Mr. Lopez was reaching out to an existing Shift4 customer
(Mr. Lopez does not know who based on just the telephone number) and are similar to the deleted
text messages between Mr. Shanahan and me.
36. As with other employees, my expectation and understanding from speaking with
Mr. Lopez is that text messages, like the ones referenced above, were deleted on a regular basis.
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37. The text messages for me similarly reflect limited communications that are
primarily not work related.
38. In summary, the messages CardConnect relies upon do not contain substantive
work-related communications.
39. Shift4’s restoration from its text message backups do not reflect that such
substantive communications occurred via text.
I declare under penalty of perjury under the laws of the United States that the foregoing
is true and correct. Executed on this 12th day of March, 2020.
/s/ Jared Isaacman
Jared Isaacman
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Exhibit 6
Case 2:17-cv-03521-TJS Document 246-8 Filed 03/06/20 Page 1 of 2
Text Messages between Mike Lopez and Unknown Recipient; and among CardConnect
Executives
Case 2:17-cv-03521-TJS Document 246-8 Filed 03/06/20 Page 2 of 2

Exhibit 3
Case 2:17-cv-03521-TJS Document 246-5 Filed 03/06/20 Page 1 of 5
3/29/2017
Text Messages between Jeff Shanahan and Jared lsaacman
7:52 AM
.11 AT&T 令
Jeff Shanahan
Hey Jared- I know it may not
seem like it but I have tried to
take the high road on all this
stuff.... but I promise you that
cannot continue if they get in our
way again like they have done
several times now. I need 15 mins
of your time.
Today 8:18 AM
Sounds good
Delivered
Case 2:17-cv-03521-TJS Document 246-5 Filed 03/06/20 Page 2 of 5