Apple Inc. v. Samsung Electronics Co. Ltd. et al

Filing 102

Declaration of AUSTIN TARANGO in Support of #101 MOTION to Disqualify Counsel BRIDGES & MAVRAKAKIS LLP filed bySamsung Electronics America, Inc., Samsung Electronics Co. Ltd., Samsung Telecommunications America, LLC. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11)(Related document(s) #101 ) (Maroulis, Victoria) (Filed on 7/11/2011)

EXHIBIT 1

quinn emanuel

trial lawyers I silicon valley

555 Twin Dolphin Drive, 5th Floor, Redwood Shores, California 94065-2139 I TEL: [phone] FAX: [phone]

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June 27, 2011
VIA E-MAIL

Kenneth H. Bridges, Esq.
Partner
Bridges & Mavrakakis
3000 El Camino Real
One Palo Alto Square, 2nd Floor
Palo Alto, CA 94306
Re:
Apple, Inc. v. Samsung Electronics Co. Ltd., Samsung Electronics America, Inc.,
Samsung Telecommunications America, LLC, Case No. 11-cv-1846-LHK (N.D. Cal.)
Dear Mr. Bridges:
I write to request information regarding your appearance as counsel for Apple in this matter on
June 16, 2011. It has come to our attention that you and other attorneys at Bridges &
Mavrakakis, previously represented Samsung in multiple prior matters. In fact, you tout these
prior representations on your finn website, such as the Samsung v. Ericsson litigations.
Based solely on billing records submitted by you and the other Bridges & Mavrakakis attorneys,
one or more of these prior representations are clearly substantially related to the above
referenced matter. For example, the Ericsson case dealt with Samsung technology relating to
mobile devices, which is at the heart of Apple's current lawsuit. Through this prior
representation, you gained access to Samsung's confidential information on a wide range of
topics that are relevant to this current litigation.
As you are aware, an attorney may not "without the informed written consent of the client or
former client, accept employment adverse to the client or former client where, by reason of the
representation of the client or former client, the member has obtained confidential information
Quinn emanuel urquhart & sullivan, Ilp
LOS ANGELES 1865 South Figueroa Street, 10th Floor, Los Angeles, California 90017-2543 1 TEL [phone] FAx [phone]
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LONDON116 Old Bailey, London EC4M 7EG, United Kingdom 1 TEL [phone] FAX [phone]
TOKYO 1NBF Hibiya Bldg., 25F, 1-1-7, Uchisaiwai-cho, Chiyoda-ku, Tokyo 100-0011, Japan I TEL [phone] FAX [phone]
IvIANNHE1M1Erzbergerstralle 5, 68165 Mannheim, Germany I TEL [phone] FAX [phone]

material to the employment." Cal. Rules of Profl Conduct 3-310(E). Here, neither you, nor any
other attorneys at Bridges & Mavrakakis have received Samsung's consent to represent Apple in
this matter. Because the subject matter of the previous litigations and this litigation are
substantially related, your access to confidential information is presumed and this knowledge is
imputed to your entire firm. Flatt v. Superior Court, 9 Cal. 4th 275, 283 (1994). Your successive
representations of Samsung and Apple are a matter of great concern to Samsung.
In light of these serious issues, we request a meet and confer, no later than June 29th to discuss
the following issues:
•

Information regarding your, and any other attorneys' at Bridges & Mavrakakis,
involvement with any past representations of Samsung.

•

Whether any Samsung confidential information gained during these
representations has been shared with Apple, Morrison & Foerster, or Wilmer
Hale.

•

If you contend that these past representations are not substantially related, all
bases for this contention.

•

Bridges & Mavrakakis' role in the current litigation, including for example,
amount of time billed, subject matter of time spent, etc.

•

Apple's knowledge of these prior representations.

We appreciate your prompt cooperation on this matter. While we would prefer to resolve this
matter without the need for judicial intervention, Samsung expressly reserves all of its rights
therein.

Very truly yours,

Ao r
Victoria F. Maroulis
VFM
cc: Mr. Jason Bartlett, Morrison & Foerster

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