Free Response to Motion - District Court of Arizona - Arizona

Merchant Transaction Systems, [nc.
vs.
Nelcela, Inc., et al.
And related Cross and T lzird-Party Claims
N0. CIV-02-1954-PHX—MHM
(Nelcela, Inc., Len Campagna and Alec Dollarhide’s
Response to Joint Parties’ Motion in Limine No. 1
to Exclude Testimony of Expert Kevin Faulkner)
EXHIBIT B
(Email from Veronica Manolio
to all counsel dated 5/I/06)
Case 2:O2—cv—O1954-I\/IHI\/I Document 433-3 Filed O2/O2/2007 Page 1 of 4

Veronica L. Manolio
From: Veronica L. Manolio i
Sent: Monday, May 01, 2006 1:48 PM te
To: Halloran, Rick; Demarchi, Kimberly; 'McKirgan, Robert'; 'Nick DiCarlo'; William McKinnon; Q
[email protected]; [email protected]
Cc: S Merrick B. Firestone
Subject: FW: PG Lewis Has Been Acquired By Protiviti
Counsel, 2
We were recently informed that PG Lewis & Associates was acquired by Protiviti Inc. We also just f
learned that our prior testifying expert, Robert DeCicco, did not join Protiviti as part of the acquisition. .
Today I confirmed that he teft the company and is working elsewhere. However, Protiviti has taken over f
the prior cases that PG Lewis & Associates had been working, and Kevin Faulkner made the transition t
and will remain on our case. We intend to use Mr. Faulkner from this point forward due to this change
and due to Mr. DeCicco’s departure. f
Although we are currently in a "holding pattern" while the Court is reviewing our various motions for
summary judgment, we wanted to inform you all of this information as quickly as possible. I understand
this is an informal disclosure, but I do not believe that I have any other way to properly disclose this
information since it was received after the close of discovery. g
Please do not hesitate to contact me or Merrick if you have any questions. Thanks.
Wrmrxbcz
—--~- Original Message ----—
From: PG Lewis & Associates [mailto:[email protected]] [
Sent: Wednesday, April 26, 2006 7:12 AM
T0: Veronica L. Manolio 2
Subject: PG Lewis Has Been Acquired By Protiviti
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PG LEWIS HAS BEEN ACQUIRED BY PRO°lT§\!lYE“Ti..i5l.§. l
Protiviti Inc., a leading provider of risk consulting and internal audit Q
1/$@6872:02-cv-01954-MHM Document 433-3 Filed O2/O2/2007 Page 2 of 4

` 5 E · `_‘’ Q., fil A services, has acquired PG Lewis & Associates LLC a leading data
forensics firm specializing in corporate investigatibns and litigation
:¢¤ci==fF support for civil, dispute and regulatory m¤YY€F$- Protiviti, which has h"'°"€ i
€"`.;&§@ %‘€§§§%§§§§”@€ than 45 locations in North America, Europe, Asia and Australia, is a
gvggméméd Em,;O§»~,~,@; wholly owned subsidiary of Robert Half International Inc. (NYSE symbol:
K , E Q iz RHI). Founded in 1948, Robert Half International is a member ofthe S&P r
t,i%"iti3€22Z El'i’ic?"i SOO index i
I M A Message from Paul G. Lewis ' I
_'__:::,,_ E Over fhé past l°OUI' y€8F$, PG Lewis & ASSOCIBIES h3S l7I‘ITlly €Sl.'8blISh€d T
` M ‘:;:i`i:’ii “’``;:‘‘‘:‘`::` i‘’;:‘=;’‘l:‘’'l i ’‘`‘'’‘ ‘'i°’’ ’’’i‘ "“ '‘‘` itself as an expert in the held of Data Forensics. Our journey began in a g
. pQ §f@W§§;§§?G&%V?€§ one room ofhce in Clinton, New Jersey with a very dedicated and talented
i iggwh gl? ?i"h@?l`??&`?l`~@ team. Little did we know that we would actually transform this ;
~ iiriait ori Géiiiét burgeoning industry through our practices and methods, which have >
gsmygytémg {Gy gggggg become the standard now in use by many of our competitors. We have
[ tg , ,,1 { 7 s~ worked diligently to forge ahead by educating the legal market and .
@?O@“’&‘Q%?§"’ igifx assisting corporations around the world on best practices. i
credits aizaiisbie in s
Sztiititi S$lé·%€&f§} The partnership of Protiviti and PG Lewis brings together standard
methods and an immense know/edge base in data forensics and risk
; 1 .’ . _ management which will be delivered by more than 2,000 employees to
gghirh Eihgiéf fw mijm clients throughout the FORTUNE 500 and around the world. I am
` “ ii“;?t>t¥t’i$a?;i€iii {Ei iii; extremely proud of our accomplishments, our team, and our track record.
gggqiwggggejiv gg ggggglgggzg I now look forward to continuing our fine business relationship under the .
2 ~ my ymj, gym name "Protlviti” where our breadth of services and available resources wil. —
1 ` ' ' position us as the leader in data forensics. Thank you for your past »
‘ patronage, and I look forward to the continuance of our relationship. I s
, . can be reached directly at [email protected] should you have any
2 j questions or comments.
Best always, ;
Paul G. Lewis f
Founder
, PG Lewis & Associates
1 2 CASE. tl |Gl—·lLilGi~lii'
i UNEARNED ENCOME: Emloezzlement $
(All names and identities are fictitious)
ii I Global Express is one of largest credit card ,'`i''i'i
. companies in the world. On May 4, the Chief . Q
i ‘ Security Officer received a mysterious e-mail ’ l
; sent from a GlVlAlL account. At first he thought ¥ f
l A it was just spam, but the e-mail could not be
dismissed so easily. lt stated: "l have t L
gi knowledge of a $35 million theft that has . I
I occurred against your company. I request ‘
A _ immunity and a reward, and then l will tell you how the theft is
jg occurring and who is behind it." s
[ ifitttiit Mailto teas THE Putt stan?
. l i¤iBCil.37il P’;.G.. %i.EWli5 & A$5GCI.¤iTE5i LLC
V PG Lewis 8i Associates, LLC is a Data Forensics firm founded to assist the legai
_ process by providing; {kata Forensic services. the tirrn uses highly sgieciaiized f
‘ hardware and software and a proprietary forensic method to extract and interpret {
digital data following exacting proiocois to protect the integrity ot evidence in our g
custody. t
We maintain the strictest level oi confidentiaiity in all matters. During the
1/2&a6872:O2—cv—O1954-IVIHIVI Document 433-3 Filed O2/O2/2007 Page 3 of 4 e

investigation phrase, we rneintein e discipiined and noierized protocol. (Brice the
deta is coiiecteol, it is stringentiy interpreted by our highly acclaimed internal *
engineering staff. The evidence is then arranged in a logical end oridersieridebie ;
format; inciuding both e ieymerfs oveririew end end the necessery
comprehensive raw data to beck up our findings. Evidence is presented in the coun
oi iavv by our highly skilled end extremely knowiedgeahle experts in a rneticuioueiy
organized ieehion where it is clearly understood by iodge end jury alike.
— }it*ndqu.artc:i·¤ »
PG Lewis & Associates, E.`i.iC{?ro&ivitE Q
295 US iiiglzway 22 East Q
Whitehouse Station. NJ tlkiiiéiii ,
Toii Free 8i%8»—9i§7-25€i€i
WWW.pgl.€HK1S.!.C.Qm
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Case 2:02-cv-01954-MHM

Document 433-3

Filed 02/02/2007

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Document 433-3

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Case 2:02-cv-01954-MHM

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