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

Filing 412

DECLARATION of THEODORE J. BOUTROUS, JR. in Support re: 411 Objection (non-motion). Document filed by Apple, 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)(Boutrous, Theodore)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
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UNITED STATES OF AMERICA,
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Plaintiff,
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:
v.
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APPLE INC.,
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Defendant.
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:
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THE STATE OF TEXAS,
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THE STATE OF CONNECTICUT, et al.,
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Plaintiffs,
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v.
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PENGUIN GROUP (USA) INC., et al.,
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Defendants.
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12 Civ. 2826 (DLC)

12 Civ. 3394 (DLC)

DECLARATION OF THEODORE J. BOUTROUS, JR
I, Theodore J. Boutrous, Jr., pursuant to 28 U.S.C. § 1746, declare:
1.

I am an attorney duly licensed to practice law in the State of California. I have

been given permission to appear before the United States District Court for the Southern District
of New York pro hac vice. I am a partner at Gibson, Dunn & Crutcher LLP and am one of the
attorneys representing Apple, Inc. in the above-captioned matter. I respectfully submit this

declaration in support of Defendant Apple Inc.’s Objections to the Court’s order filed on
November 21, 2013. I have personal knowledge of the matters stated herein and, if called upon
to do so, could and would competently testify thereto.
2.

Along with other Apple representatives, I met with Michael Bromwich on

October 22, 2013, at which meeting Mr. Bromwich indicated his intent to interview Apple board
members and senior executives as early as November 18.
3.

Mr. Bromwich conducted interviews with Tom Moyer and Gene Levoff at

Apple’s headquarters in Cupertino, California on November 18, 2013. Mr. Bromwich also met
with Noreen Krall to discuss Mr. Bromwich’s fees and the details of the confidentiality
agreement.
4.

Attached hereto as Exhibit A is a letter from Theodore J. Boutrous, Jr. to Michael

Bromwich, sent on October 31, 2013.
5.

Attached hereto as Exhibit B is an email exchange between Theodore J. Boutrous,

Jr. and Michael Bromwich, spanning the period from November 7 to November 11, 2013.
6.

Attached hereto as Exhibit C is an email from Theodore J. Boutrous, Jr. to

Michael Bromwich, sent on November 7, 2013.
7.

Attached hereto as Exhibit D is an email from Kyle Andeer to Michael Bromwich

and Barry Nigro, sent on October 17, 2013.
8.

Attached hereto as Exhibit E is an email exchange between Theodore J. Boutrous,

Jr. and Michael Bromwich, spanning the period from November 7 to November 11, 2013.
9.

Attached hereto as Exhibit F is an email exchange between Theodore J. Boutrous,

Jr. and Michael Bromwich, on November 12, 2013.

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10.

Attached hereto as Exhibit G is an email from Daniel Swanson to Michael

Bromwich, sent on November 17, 2013, and the meeting agenda which was attached thereto.
11.

Attached hereto as Exhibit H is an email from Michael Bromwich to Theodore J.

Boutrous, Jr., sent on November 15, 2013.
12.

Attached hereto as Exhibit I is a letter from Matthew Reilly to Michael

Bromwich, sent on November 22, 2013.
13.

Attached hereto as Exhibit J is a letter from Michael Bromwich to Apple’s Board

of Directors, sent on November 22, 2013.
14.

Attached hereto as Exhibit K is an email from Michael Bromwich to Matthew J.

Reilly, sent on November 22, 2013.
15.

Attached hereto as Exhibit L is a letter from Michael Bromwich to Bruce Sewell,

sent on November 5, 2013.
16.

Attached hereto as Exhibit M is a letter from Michael Bromwich to Timothy

Cook and Bruce Sewell, sent on November 1, 2013.
17.

Attached hereto as Exhibit N is a letter from Michael Bromwich to Noreen Krall,

sent on November 22, 2013.
18.

Attached hereto as Exhibit O is a letter from Noreen Krall to Michael Bromwich,

sent on November 21, 2013.

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19.

Attached hereto as Exhibit P is an email from Bruce Sewell to Michael

Bromwich, sent November 25, 2013.
I declare under penalty of perjury, under the laws of the United States, that the foregoing
is true and correct.
Dated: November 27, 2013

Respectfully submitted,

__/s/ Theodore J. Boutrous, Jr.________
Theodore J. Boutrous, Jr.

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