EFTA00600180.pdf

Fowler WhiteATBmuNEr,p S meLtAt,)p MEMORANDUM TO: File FROM: Susan H. Aprill DATE: April 18, 2011 RE: Outline of deposition of Russell Adler, former RRA partner FILE NO.: 80743 DRAFT 4 18 11 8:21 PM Epstein v. Rothstein & Edwards Outline for Russell Adler Deposition, 4-20-11 @ 9:30 am 1. Introduction 1.1 Name 1.2 Home address; business address 1.3 Date of Birth 2. Instructions for deposition 2.1 Are you under any medications that would affect your memory or ability to testify truthfully and accurately today 3. Notice of Taking Deposition and subpoena duces tecum 3.1 Have you ever seen this document? 3.2 Exhibit A: Did you bring the documents requested? 3.3 Review what he has/what he brought/what he could not bring because not in his control 3.4 4. Education 4.1 college EFTA00600180 April 18, 2011 Page 2 4.2 law school 4.3 5. Employment 5.1 Current: How do you earn a living? Income 5.2 What are you currently doing/where employed? 5.3 Prior employment 5.4 from law school to present 5.5 at RRA 5.6 since RRA 5.7 Shortcut by referring to his earlier depo and that of Edwards: 5.8 DRAFT 4 18 11 8:21 PM 6. Prior Depositions and lawsuits 6.1 Are you presently a party in a suit(s)? 6.2 Name(s)? which side? 6.3 Other than for professional negligence, ever a party in a suit before November 2009? 6.3.1 Explain/describe/outcome? 6.3.2 6.4 Testimony in past 6.4.1 What type of case(s) were did you testify in? 6.4.2 In court as witness or party? 6.4.3 Have you ever been deposed? remind him he is under oath/perjury 6.4.3.1 How many times? [refer to last year depo] 6.4.3.2 have you read the transcript of the one in BR court? 6.4.3.3 any inaccuracies you recall? EFTA00600181 April 18, 2011 Page 3 subpoenaed? DRAFT 4 18 11 8:21 PM 6.4.3.4 6.4.3.5 As witness or party? 6.5 Read any transcripts in THIS CASE? 6.6 Do you know if anyone was deposed in THIS CASE? 6.7 Know BE was deposed? did you talk to him about fact that you were 6.8 Talk to BE counsel? Talk to anyone other than your own lawyer about fact you were giving depo today or at all in this case? 6.9 7. RRA 7.1 When did you join RRA 7.2 confirm what he set in prior depo 7.3 how many lawyers then? 7.4 You are the A in RRA? What did that get you? 7.5 Departments? did you head any? which? 7.5.1 who else was in it during 2008-09? 7.5.2 What other lawyers did you work with in that time frame? 7.6 What is Q-task (Edwards tr. at 25); 7.7 8. Brad Edwards 8.1 know him? 8.2 since when? 8.3 ever work with him? explain. 8.4 he joined RRA in spring 2009? 8.5 how did that occur? EFTA00600182 April 18, 2011 Page 4 DRAFT 4 18 11 8:21 PM 8.6 did you recruit him? If no, who did? 8.7 If yes, why? 8.8 what did BE have that made you recommend him to the firm? 8.9 was it his book of business? explain what he told you he had? 8.10 Other than his book, did he have something else that made him attractive to the Firm/you? 8.11 Describe his negotiations with RRA; did you broker the deal? 8.12 Did BE have any other supporters at the firm who wanted him to join? IF yes, who? 8.13 What did you know of his legal work, skills? 8.14 Ever work with him elsewhere? on a case together? 8.15 Were you two friends? (BE tr 64) 8.16 Ever see him outside of professional setting? 8.17 Ever see him in setting? 8.18 Knew him from the gym BE has testified. (Tr. 64) 8.18.1 BE said he worked out with you for 4-5 years (starts ca. 2004) 8.18.2 what gym? 8.18.3 go in the morning, evening, when? 8.18.4 ever get together after the gym? 8.18.5 ever do sports with him outside of gym, tennis, golf, any? 8.18.6 ever go to BE office? 8.18.7 Where was it? 8.19 Who initiated the idea that BE join RRA? 8.20 What was discussed and with whom about it? 8.21 Any email communications between you and BE about negotiations BEFORE he joined? EFTA00600183 April 18, 2011 Page 5 DRAFT 4 18 11 8:21 PM 8.22 How long in negotiations? 8.23 Did BE use a lawyer to rep him? Who? 8.24 email between you and anyone else about BE joining? 8.25 You talked to Scott R about him? 8.26 What did you say to Scott? 8.27 What did he say to you about BE? 8.28 What did BE ask for as compensation? 8.28.1 Do you recall what he was making at the time you started talking? 8.28.2 He must have shown you financials from his firm? What had he earned in 2008, 2007 ever? 8.28.3 8.29 What process was followed to come up with a comp package to negotiate? 8.30 Who looked at his financials if not you? 8.31 What lawyer(s)? 8.32 What admin. persons? 8.33 The deal BE ACTUALLY got: 8.33.1 Did you offer him a job? [BE tr. 67, says he was asked by Russ and then he met Scott] 8.33.2 Who made the decision at RRA? (Scott, you, a collaboration?) 8.33.3 What draw? recall amount/range? 8.33.4 bonuses for collections? successful results on cases? 8.33.5 Any formula? explain? 8.33.6 Did the firm have a standard formula for contingent fee bonuses? 8.33.7 Was BE's recovery deal like yours? 8.33.8 What was yours? EFTA00600184 April 18, 2011 Page 6 DRAFT 4 18 11 8:21 PM 8.33.9 What perqs did BE get? 8.33.9.1 were they standard? 8.33.9.2 If not, what was exceptional? 8.33.10 How would you find out this information if you do not have it? 8.34 Financing BE contingent fee cases: 8.34.1 how was that done? 8.34.2 Did RRA pay all costs/expenses advanced on BE cases? 8.34.3 What about the costs he had advanced on cases he brought over? 8.34.4 BE testified that 8.35 Did BE bring anyone with him to RRA? 8.35.1 paralegals, clerks, associates, secy? explain 8.36 Any loans by RRA to BE? 9. Who worked with BE at RRA? 9.1 Go through lawyer names mentioned in priv log, including Buschel, Stone, Bill Berger, Adler (go through does). 9.2 10. Others who may have worked with BE on cases: 10.1 11. Cara Holmes 11.1 who hired her? 11.2 to whom did she report? 11.3 Where did she work before? 11.4 She was a very new lawyer, inexperienced? 11.5 So why was she on these cases? 12. Other staffing? EFTA00600185 April 18, 2011 Page 7 12.1 Christina Kitterman? 12.1.1 What did she do? 12.1.2 what level of atty? DRAFT 4 18 11 8:21 PM 13. 14. JEE CASES 14.1 Did you ever work on any cases at RRA against a defendant named JE? 14.2 Starting when? 14.3 Did you know who JEE was prior to working on any case? 14.4 How? 14.5 What did you know of him at first? From what source? 14.6 Did you know BE had cases going against JEE before BE joined RRA? 14.7 How did you know this? [BE tr. 76: "doesn't recall" talkng to Russ about them until after he joined) 14.8 Did BE bring active filed cases agst JEE to RRA when he joined? 14.9 Did you know Paul Cassell? If yes, since when and how did you meet? 14.10 A Mr. Howell? same as for Cassell. 14.11 3 files: State court was ■. (Jane Doe # 2), E.W. (Jane Doe #1) and . 14.12 Who staffed the Epstein files? 14.12.1 BE testified that you Judge Stone, Bill Berger and Rob Buschell worked on cases? [BE tr. 229-232] 14.12.2, you, e.g., attended Mark Epstein's depo 14.12.3 you were to coordinate depos or be involved for all high profile people? 15. Did Adler and others ever talk about Epstein case(s). 15.1 Who? 15.2 When? EFTA00600186 April 18, 2011 Page 8 15.3 How many cases or claims? DRAFT 4 18 11 8:21 PM 15.4 Did you meet with any of the Plaintiffs and/or their families to discuss Epstein and the alleged claims against him? 15.4.1 If so, who did he meet with? 15.4.2 How many times did he meet with them? 15.4.3 Who else was present (i.e., RRA lawyers, paralegals, secretaries and/or investigators)? 15.5 Did you ever tell anyone that RRA lawyers would sue Epstein and disclose embarassing information about Epstein, his friends, family and associates if he did not settle for a large sum of money? 15.6 Was this part of the "valuation strategy?" 15.7 How much did it cost RRA to litigate the Epstein cases? 15.8 Did you have to approve the costs? 15.9 Wasn't BE in your practice group? 15.10 You were responsible in some way? explain. 15.11 Are you still in any way connected to the suits brought against Epstein by BE? 15.11.1 Do you own a share? 15.11.2 have any kind of deal? 15.12 Edwards testified that he spoke to you often (regularly) about the JE cases? [BE tr. 125], true? 15.13 He testified that you and he spoke about the value of the Epstein cases and also Bill Berger [BE tr. 292] 15.13.1 Recall such conversations? 15.13.2 Who said what to whom? 15.13.3 how many? 15.13.4 how did you value? 15.13.5 know about the Non-prosecution agreement concerning Epstein? EFTA00600187 April 18, 2011 Page 9 [IS ASKING RE NPA A PROBLEM?] DRAFT 4 18 11 8:21 PM 15.14 Edwards testified you and he and Scott had at least one conversation about Epstein case (s). [BE tr. 117] 15.14.1 recall? 15.14.2 Who else was there? 15.14.3 REVIEW VARIOUS DOCUMENTS ABOUT THE CASES; IF EYES ONLY, CANNOT SHOW BUT WORK IN FACTS GENERALLY IF POSSIBLE. 15.14.4 16. When did Scott or RA determine JEE cases would be of interest to investors? 17. What did you tell Scott about JEE as a target or otherwise? 18. What deal did he offer Edwards to move there? How much money? Bonuses? Explain 19. Involvement with Settlement Investments 19.1 D3 Capital CLub concerned Epstein alleged settlements? 19.2 Were you aware? 19.3 Did other lawyers in the firm (partners) know Scott Rothstein ran investments? 19.4 Did lawyers at the firm know of the structured settlement business? 19.5 How could they not know? 19.6 Did Edwards know? 19.7 What did he know? 19.8 When did he know? 19.9 You are a PI lawyer, you know how structures work, right? 19.10 That's not how these worked? 19.11 Ever talk to BE about how JEE fit Scott's settlement model? 19.12 Who at the firm helped Scott create or operate the Epstein investments? EFTA00600188 April 18, 2011 Page 10 DRAFT 4 18 11 8:21 PM 19.13 Did Villegas know about JEE deals? 19.14 Know Michael Szafranski (or of him)? 19.14.1 If yes, explain role of Szafranski regarding JEE cases? 19.14.2 He was an independent verifier, did he know him to do that? 19.14.3 what is that? 19.15 Do you know about Epstein flight logs? 19.15.1 How did you learn about them? 19.15.2 Are they authentic? 19.15.3 Have you seen them? 19.15.4 Were they the product of investigative team? 19.15.5 How found? 19.16 Explain purpose of Noticing depos of prominent (Clinton, Trump, Dershowitz, etc.) 19.17 Were you aware of investors coming in and looking at Epstein files? 19.18 ever meet any? 19.19 Did Jenne or Fisten tell you they brought in files? 19.20 know Michael Legamaro? Hear of him? Who is he? 20. Does he know a 20.1 If so, did he ever talk to her, give her an interview, etc.? 21. Did he ever instruct RRA investigators to work on Epstein case? 21.1 If not, does he know if anyone (BE) did? 21.2 Does he know if they conducted surveillance on Epstein property? 21.3 Other types of investigation on JEE? If so, what? 21.4 What types of surveillance was conducted? EFTA00600189 April 18, 2011 Page 11 DRAFT 4 18 11 8:21 PM 21.5 Did they have the details on Epstein's property? Did they have drawings depicting the property? Did they have floor plans of the interior structures on Epstein's property? 21.6 How did they gain access to Epstein's property? 21.7 What information were the investigators asked to get from their investigation and surveillance? 21.8 How may time did the investigators conduct surveillance on Epstein? 21.9 Do you know Wayne Black? 21.9.1 Who is he? 21.9.2 Who hired and authorized Wayne Black to investigate Epstein? 21.9.3 Did he conduct surveillance on JEE? 21.9.4 What did he do/function? 21.9.5 What types of investigation techniques were used to monitor Epstein (wire taps, bugs, other listening and watching)? 21.9.6 What is Blue Line R & D? 21.10 Knowledge of skills and involvement of: 21.10.1 Mike Fisten 21.10.2 Ken Jenne 21.10.3 Patrick 21.10.4 Rick Fandry 22. Criminal History - have you ever been convicted of a crime? If yes, when and for what? C:WserAill0JAVIMApplkdatocallAticsosoll1Windowsffemporary Internet FilegeonlentOudaoMY0CEB88111OLITLNE47•Depostion DI Rumen Adler 4-20.11. SA.docsj4/IVl11.11:2(1) EFTA00600190