Oracle Corporation et al v. SAP AG et al

Filing 793

Declaration of Chad Russell in Support of 790 Memorandum in Opposition, to Defendants' Motions in Limine filed byOracle EMEA Limited, Oracle International Corporation, Oracle USA Inc., Siebel Systems, Inc.. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Exhibit I, # 10 Exhibit J, # 11 Exhibit K, # 12 Exhibit L, # 13 Exhibit M, # 14 Exhibit N, # 15 Exhibit O, # 16 Exhibit P, # 17 Exhibit Q, # 18 Exhibit R, # 19 Exhibit S, # 20 Exhibit T, # 21 Exhibit U, # 22 Exhibit V, # 23 Exhibit W, # 24 Exhibit X, # 25 Exhibit Y, # 26 Exhibit Z, # 27 Exhibit AA, # 28 Exhibit BB, # 29 Exhibit CC, # 30 Exhibit DD, # 31 Exhibit EE, # 32 Exhibit FF, # 33 Exhibit GG, # 34 Exhibit HH, # 35 Exhibit II, # 36 Exhibit JJ, # 37 Exhibit KK, # 38 Exhibit LL, # 39 Exhibit MM, # 40 Exhibit NN, # 41 Exhibit OO, # 42 Exhibit PP, # 43 Exhibit QQ, # 44 Exhibit RR, # 45 Exhibit SS, # 46 Exhibit TT)(Related document(s) 790 ) (Howard, Geoffrey) (Filed on 8/19/2010)

Oracle Corporation et al v. SAP AG et al

Doc. 793 Att. 33

EXHIBIT GG
Dockets.Justia.com

MARK WHITE March 5, 2009 HIGHLY CONFIDENTIAL - ATTORNEYS' EYES ONLY Page 1 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION

------------------------------------------x ORACLE CORPORATION, a Delaware Corporation, ORACLE USA, INC., a Colorado corporation, And ORACLE INTERNATIONAL CORPORATION, a California corporation, Plaintiffs, vs. SAP AG, a German corporation, SAP AMERICA, INC., a Delaware corporation, TOMORROWNOW, INC., a Texas corporation, and DOES 1-50, inclusive, Defendants. ------------------------------------------x 11:00 a.m. March 5, 2009 HIGHLY CONFIDENTIAL - ATTORNEYS' EYES ONLY

Videotaped 30(b)(6) Deposition of TomorrowNow, Inc, by MARK WHITE, held at the offices of Bingham McCutchen, LLP, 399 Park Avenue, New York, New York, before David Henry, a Notice Public of the State of New York. Merrill Legal Solutions [phone]

MARK WHITE March 5, 2009 HIGHLY CONFIDENTIAL - ATTORNEYS' EYES ONLY
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Q. Let's start with asking what your job title and responsibilities for at the time that SAP acquired TomorrowNow, January, 2005. A. My job title at the time was senior vice-president, SAP Americas, chief financial officer. Q. And starting in January, 2005 and going forward to today, how has your job title changed, if it has? A. In April of 2007, I was appointed

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with respect to TomorrowNow? A. It was more statutory in nature to sign off on the financial results, approve bonus plans, compensation plans, and approve back office, what I will call back office functions like real estate, location of real estate, approval of the hiring plans for headcount. Q. Anything else? A. Not really. Q. And can you describe in a little more detail your responsibilities as executive chairman? A. For executive chairman I was responsible for primarily four areas. One was to determine the ultimate conclusion for TomorrowNow, number one; number two, take any disciplinary actions, number three, implement the company's directive around project Level-Set; and fourth was to continue to provide the daily service to the customers. Q. Anything else? A. No. Those are really the four major categories.

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chief operating officer for SAP Americas. The job level was still senior vice-president and then in effectively the last week of June of 2007, I was appointed executive chairman of TomorrowNow. Q. And what is your job title? A. Today it's senior vice-president and chief financial officer SAP North America. Q. And are you still executive chairman of TomorrowNow? A. Yes, I am. Q. Can you describe your job responsibilities over time with respect to TomorrowNow? A. After the acquisition of TomorrowNow in early 2005, I was appointed to the board of TomorrowNow as it was a wholly-owned subsidiary of SAP. And in June, July of 2007, I was appointed as executive chairman, so responsible at that time for the day-to-day operations of TomorrowNow. Q. And as a member of the board of directors, what were your responsibilities

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Q. Did you report to anyone? A. I reported to Werner Brandt who is the global chief financial officer. Q. Did you report to anyone else? A. No. Q. And when you were -- prior to becoming executive chairman as a member of the TomorrowNow board of directors, did you report to anyone? A. Not in my capacity as a board member. As chief financial officer I reported to Werner Brandt and I reported to Bill McDermott. Q. Have you ever been employed by TomorrowNow? A. No.

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