Unites States of America v. Apple, Inc. et al

Filing 204

NOTICE of Certification of Defendants Penguin Group (USA), Inc. and The Penguin Group Pursuant to 15 U.S.C. §16(g). Document filed by Penguin Group (USA), Inc., The Penguin Group. (McInnis, Daniel)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
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UNITED STATES OF AMERICA,
)
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Plaintiff,
)
)
v.
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APPLE, INC.,
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HACHETTE BOOK GROUP, INC.,
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HARPERCOLLINS PUBLISHERS L.L.C.,
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VERLAGSGRUPPE GEORG VON
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HOLTZBRINCK GMBH,
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HOLTZBRINCK PUBLISHERS, LLC
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d/b/a MACMILLAN
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THE PENGUIN GROUP,
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A DIVISION OF PEARSON PLC, )
PENGUIN GROUP (USA) PLC, and
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SIMON & SCHUSTER, INC.
)
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Defendants.
)
)

Case No.: 12-CV-2826
Judge: Denise L. Cote

CERTIFICATION OF DEFENDANT PENGUIN
PURSUANT TO 15 U.S.C. §16(g)
Pursuant to 15 U.S.C. § 16(g), defendants The Penguin Group, a division of Pearson plc
and Penguin Group (USA), Inc. (collectively “Penguin”) state that no written or oral
communications occurred by, or on behalf of, Penguin with an officer or employee of the United
States concerning, or relevant to, the Proposed Final Judgment, other than communications made
by counsel of record alone with employees of the United States Department of Justice, except as
follows:
1. As part of the litigation in this matter (and other consolidated matters), Penguin counsel of
record and Penguin had communications with the following United States Department of
Justice attorneys during the following Penguin depositions: Lawrence E. Buterman, Mark W.
Ryan, and Tor Winston at the Tim McCall 30(b)(6) deposition on November 30, 2012;
Benjamin Sirota and Lawrence E. Buterman at the Genevieve Shore deposition on December
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5, 2012; Benjamin Sirota at the Tim McCall deposition on January 30, 2013, the Coram
Williams deposition on February 12, 2013, the Richard Heffernan deposition on March 1,
2013, the John Makinson deposition on March 15, 2013, and the David Shanks 30(b)(6)
deposition on March 21, 2013; Lawrence E. Buterman at the David Shanks deposition on
March 20, 2013; and Anupama Sawkar at the Susan Kennedy deposition on March 21, 2013.
These “communications” were not about the Proposed Final Judgment but arguably are
relevant and therefore are listed here as for sake of completeness.
2. From approximately November 28, 2012 through the filing of the Proposed Final Judgment,
counsel of record for Penguin engaged in communications with officers or employees of the
United States Department of Justice.

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Penguin certifies that, with this submission, it has complied with the requirements of
15 U.S.C. §16(g), and that this submission is a true and complete description of communications
known to Penguin or that Penguin reasonably should have known that are required to be reported
pursuant to that provision.

Dated: April 15, 2013
Respectfully Submitted,
/s/ Daniel Ferrel McInnis
Daniel Ferrel McInnis
Larry Tanenbaum
Carolyn Perez
Akin Gump Strauss Hauer & Feld, LLP
1333 New Hampshire Ave., NW
Washington, DC 20036
Tel.: [phone]
Fax: [phone]
[e-mail]
[e-mail]
[e-mail]
Counsel for The Penguin Group, a division of
Pearson plc, and Penguin Group (USA), Inc.

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