Free Declaration in Support - District Court of California - California

Case 3:07-cv-06198-MHP

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Filed 07/10/2008

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NrEmokovsKi
CANADY FALK RABKIN HOWARD RICE

GILBERT R. SEROTA (No. 75305) Email: [email protected] MARK A. SHEFT (No. 183732) Email: [email protected] MICHAEL L. GALLO (No. 220552) Email: [email protected] HOWARD RICE NEMEROVSKI CANADY FALK & RABKIN A Professional Corporation Three Embarcadero Center, 7th Floor San Francisco, California 94111-4024 Telephone: 415/434-1600 Facsimile .415/217-5910 Attorneys for Plaintiffs THOMAS WEISEL PARTNERS LLC and THOMAS WEISEL INTERNATIONAL PRIVATE LIMITED UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION

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THOMAS WEISEL PARTNERS LLC, a Delaware limited liability company, and THOMAS WEISEL INTERNATIONAL PRIVATE LIMITED, an Indian company, Plaintiffs, V. BNP PARIBAS, a French corporation, BNP PARIBAS SECURITIES (ASIA) LIMITED, a Hong Kong company, and PRAVEEN CHAKRAVARTY, an individual, Defendants.

No. C-07-6198 MHP Action Filed: December 6, 2007 DECLARATION OF LAUREL SUTCLIFFE IN SUPPORT OF PLAINTIFFS' CONSOLIDATED OPPOSITION TO DEFENDANTS' MOTIONS TO DISMISS THE FIRST AMENDED COMPLAINT Date: Time: Place: Judge: August 18, 2008 2:00p.m. Courtroom 15 Hon. Marilyn Hall Patel

SUTCLIFFE DECL. ISO OPP. TO DEFS.' MOT. TO DISMISS FIRST AM. COMPL. C-07-6198 MHP

Case 3:07-cv-06198-MHP

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HOWARD RICE NEMEROVSK1 CANADY FALK 1 & RABKIN

I, Laurel Sutcliffe, declare: 1. I am over 18 years of age and otherwise competent and qualified to testify

on the matters contained herein if called upon to do so at a hearing or trial of this matter. I have personal knowledge of the matters contained herein and, to the best of my knowledge and belief, the statements contained herein are true and correct. 2. I am currently a Director with Forensic Technology Services for KPMG

LLP in San Francisco, California ("KPMG"). I have been with KPMG for approximately two years. Formerly, I was with Deloitte & Touche for approximately 5 years in the Analytic & Forensic Technology department. I have over 7 years of experience in investigations and electronic evidence discovery matters and over 8 years of experience in data analytics matters. 3. In December 2007, Matthew Levy of Howard Rice Nemerovski Canady

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Falk & Rabkin ("Counsel") contacted me to engage KPMG's assistance in their representation of Thomas Weisel Partners LLC and Thomas Weisel International Private Limited (collectively "TWP"). 4. In January 2008, KPMG was engaged to forensically image the laptop

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computer that had been assigned by TWP to Praveen Chakravarty. At that time, the computer was in the possession of TWP's India IT personnel. 5. On or about January 25, 2008, at my direction, Jayant Saran of KPMG India

forensically imaged the hard drive of the laptop at TWP's offices in Mumbai, India. The imaged hard drive was shipped to KPMG's forensics lab in San Francisco, CA. 6. In March 2008, KPMG was requested by Counsel to perform indexing and

keyword searching of the accessible documents on the hard drive image. A search of specified user and email file types was performed on the hard drive image and files matching the search criteria were extracted from the image and further indexed and keyword searched. 7. As part of this process, any files that are password protected or encrypted

are identified in a log file that provides the file name and location of the password protected

SUTCLIFFE DECL. ISO OPP. TO DEFS.' MOT. TO DISMISS FIRST AM. COMPL. C-07-6198 MHP -1-

Case 3:07-cv-06198-MHP

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HOWARD RICE NEMEROVSKI CANADY FALK 1 RABKIN
Profealenal Cogonuinn

files on the hard drive. This log file identified a number of password protected files on the image of the laptop used by Mr. Chakravarty while at TWP. 8. KPMG was requested by Counsel to attempt password cracking on these

files. KPMG was successful in cracking all passwords using an industry standard password cracking utility and provided copies to Counsel via CD-ROM. 9. Attached as Exhibits A and B are true and correct redacted copies of the

contents of the following password-protected files on the image of the laptop used by Mr. Chakravarty while at TWP: · · Wraveen\Documents and Settings\TWPAdministrator\Desktop\Unlock Files\Analyst Details.xls Traveen\India MGMT\Analyst Details.xls

The information that was redacted appeared to be salary and bonus information for individuals that I am informed were TWP employees. 10. The passwords generated for both files were the same: fi-ench/BKIPWQELPSWWFBY. The first password, "french", allows the Excel file to be

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opened in read-only mode so that the file's contents can be viewed. The second password 17 "BKIPWQELPSWWFBY" allows full access to the file. The password generated by the 18 password cracking utility is not necessarily the exact password that the creator of the file 19 used when protecting the document. Password cracking tools generally use an algorithm to 20 generate the original password or other combination of characters that will work to unprotect 21 the file. 22 I, Laurel Sutcliffe, declare that the foregoing is true and correct under penalty of 23 perjury under the laws of the United States of America. 24 25 Executed this 25th day 26 27 28
SUTCLIFFE DECL. ISO OPP. TO DEFS.' MOT. TO DISMISS FIRST AM. COMPL. C-07-6198 MHP

June 2008 at San Francisco, California

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