Free Motion for Discovery - District Court of Federal Claims - federal

Case 1:05-cv-00748-CCM

Document 39-2

Filed 03/16/2007

Page 1 of 2

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF ILLINOIS EASTERN DIVISION
UNTED STATES OF AMERICA,
Petitioner,
) Civil Action No. 03 C 5693

)

) Judge James B. Mora
)
) Magistrate Judge Ian Levin

.vsJENKNS & GILCHRIST, P.C.,
Respondent,
and

) ) )
)

)
)

) DAVID K. WELLES, SR., GEORGIA B. ) WELLES, TRUSTEE OF THE F AMIL Y )

TRUST UNER THE DAVID K. WELLES

)

1994 QUALIFIED ANITY TRUST, ) DAVID K. WELLES, JR., VIRGINIA )
PETER C. WELLES, AN CHRISTOPHER
S. WELLES,

WELLES JORDON, JEFFRY F. WELLES, )
) )

Intervenors.

lj

lj ..

) )

DECLARATION OF DAVID F. WATERMAN
I, DAVID F. WATERMAN, pursuant to 28 U.S.C. § 1746, declare:
1. I make this declaration concerning the United States' Motion to Compel

Production fied in the above-referenced case.

2. I make ths declaration based upon my personal knowledge.

3. I am Chairman of the Management Committee of Shumaker, Loop &

Kendrck, LLP ("SLK") and have served in this position since Januar 1, 1992, with the
exception of calendar year 1994. I have been an attorney at SLK since June, 1979.

'"

..

i EXIBIT A

I

Case 1:05-cv-00748-CCM

Document 39-2

Filed 03/16/2007

Page 2 of 2

4. SLK has had a long.standing attorney-client relationship with the
Intervenors and their company, Thera- Tru Corp. ("TI") that dates back to at least 1963.

5. Dunng ths relationship, SLK has provided the Intervenors and TT with
extensive legal servces including corporate representation, litigation and estate plannng
services, among others.
6. In late 1999 and early 2000, SLK provided the Intervenors with legal

advice and assistance in connection with the sale of approximately one-half of their interests in

TI.
7. In the course of this representation, several of the Intervenors asked SLK

whether it was aware of any tax strategies that might reduce the Intervenors' taxes resulting from

the anticipated sale oftheir interests.
8. In response to this inquiry, SLK advised the Intervenors that Jenkens &

Gilchrst, P.C. had developed certain tax strategies and might be in a position to provide the
Intervenors with legal advice regarding such strategies.
9. The Intervenors were not presented with and did not execute any

confdentiality agreements between SLK and themselves.

I declare under penalty of peiury, pursuant to 28 U.S.C. § 1746, that the
foregoing is true and correct.
Executed this I r ããy of

l;

December, 2004.

JJ~ vi Zl~
David F. Waterman, Esq. Shumaker, Loop & Kendrick, LLP
1000 Jackson Street

Toledo, OH 3624-1573

sar\welles\waterrn declaration.a

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