Free Statement - District Court of Arizona - Arizona

CHARLES ALEXANDER PULASKI, JR., ESQ. 08-25-2005
11
1 founders' warrants, because how they solved that
2 problem or how they might solve that problem would have
3 differing tax consequences to the company and to the
4 different interested parties. And my job was to try
5 and identify what those different tax consequences U
6 might be so that everybody knew what was going on.
7 Q. Did you look at any corporate records to assist
8 you in providing those services?
9 A. No. I did not.
10 Q. Do you recall whether any other lawyers at
11 Snell & Wilmer assisted you in providing the services
12 that you just discussed?
13 A. I don't remember anybody else in the tax group
14 being involved.
15 Q. Is David Weiss another lawyer at Snell & Wilmer
16 in the firm's tax group?
`17 A. David is a lawyer in our general -- in our
18 umbrella tax group. He is primarily an estate planner
19 these days.
20 Q. Is that what he was primarily doing in 1999 and
. 21 2000?
22 A. Let me put it this way. David is capable of
23 doing most anything in the tax world. He's a very
24 talented guy. How much estate planning he was doing
25 then as opposed to how much other kind of tax work he
ARIZONA REPORTING SERVICE, INC. (602) 274-9944
www.az-reporting.com Phoenix, AZ
Case 2:02-cv-02405-HRH Document 384-38 Filed 07/24/2007 Page 1 of 2

CHARLES ALEXANDER PULASKI, JR., ESQ. O8—25—2005
12
1 was doing, I don't recall. But that certainly, I
2 think, was his primary area of activity.
3 Q. Did Mr. Weiss provide any assistance to you in
4 connection with the tax work on Visitalk?
5 A. I have no memory of that, and I would be
6 surprised if he had.
7 Q. Why would you be surprised?
8 U A. Just because I'm a partner. Usually the tax
9 people who help me are associates. It‘s rare —— well,
10 I shouldn't say it's rare, but I don't have any memory
11 of David being involved.
12 Q. You would have first heard about the founders'
13 warrants issues from Mr. Donahey; is that correct?
i 14 A. That would be my best guess, yeah.
15 Q. Can you tell me everything you recall that
16 Mr. Donahey may have told you about the founders'
17 warrants?
18 A. I can tell you that I don't have any
19 independent memory of what he told me. I can sort of
20 infer it from the memos, but I would be reading back to
9 21 you what's in the memos. I don't remember what he told
22 me specifically.
23 I do remember him telling me that the board had
24 decided not to do any of the alternatives we had
25 proposed because, I think, that the Class A
ARIZONA REPORTING SERVICE, INC. (602) 274-9944
www.az-reporting.com Phoenix, AZ
Case 2:02-cv-02405-HRH Document 384-38 Filed 07/24/2007 Page 2 of 2

Case 2:02-cv-02405-HRH

Document 384-38

Filed 07/24/2007

Page 1 of 2

Case 2:02-cv-02405-HRH

Document 384-38

Filed 07/24/2007

Page 2 of 2