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EXHIBIT A

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EXHIBIT B
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EXHIBIT C

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EXHIBIT D

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EXHIBIT E

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EXHIBIT F

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EXHIBIT G

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EXHIBIT H

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EXHIBIT I

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EXHIBIT J

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EXHIBIT K

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Dow's Log of Documents Withheld from Production on Grounds of Privilege in Civil Action 05-737
NO. PGS 1 2 11 43 DATE AUTHOR RECIPIENT CC DESCRIPTION REASON WITHHELD

12/23/2003 Aug-03 Hazlitt, Lonnie

3 4

24 2

8/5/2005

Johnson, Mark S; Gibbons, Julie

Removed and produced Testing performed at the request of WP in-house counsel in anticipation of litigation Removed and produced Anderson, Kenneth W; Collick, Scott; E-mail correspondence providing AC, WP Cobler, Brad; Cotton, Fordyce, William; information to counsel in anticipation Robert; Eckel, Jason; Gibbons, Julie; of litigation in order to obtain legal Hazlitt, Lonnie; Heard, Kanuch, Bruce; Krupp, services Mark; Larsen Jr, Douglas; Stephen; Marinelli, Mcconnell, Dennis; Nietvelt, Joseph F; Mcalindon, Paul; Reichek, Ken; Julie; Niemann, Johnson, Mark S Debra; Roper, Harry J; Schwartz, Roger; Story, Bruce; Trybus, Steven R Anderson, Kenneth W; Cobler, Brad; Cotton, Robert; Eckel, Jason; Hazlitt, Lonnie; Heard, Mark; Larsen Jr, Douglas; Mcconnell, Dennis; Nietvelt, Paul; Reichek, Ken; Johnson, Mark S Collick, Scott; E-mail attachment containing Fordyce, William; information provided to counsel in Gibbons, Julie; order to obtain legal advice Kanuch, Bruce; Krupp, Stephen; Marinelli, Joseph F; Mcalindon, Julie; Niemann, Debra; Roper, Harry J; Schwartz, Roger; Story, Bruce; Trybus, Steven R AC

5

1

8/5/2005

Johnson, Mark S; Gibbons, Julie

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NO. PGS 6 3 DATE 1/5/2005 AUTHOR Kanuch, Bruce M RECIPIENT CC DESCRIPTION E-mail correspondence from counsel providing legal advice REASON WITHHELD AC

Anderson, Kenneth W; Kanuch, Bruce; Cardwell, Scott; Chum, Korfhage, Glenn; Stephen; Coker, Wayne; Ward, Susan Dekunder, Staci; Fordyce, William; Hazlitt, Lonnie; Johnson, Mark S; Kolthammer, Brian; Krupp, Stephen; Lai, Shih-Yaw; Larsen Jr, Douglas; Markovich, Ronald P; Mcconnell, Dennis; Niemann, Debra; Nietvelt, Paul; Oswald, Thomas; Patterson, Leree; Redwine, David; Reichek, Ken; Schwartz, Roger; Stevens, James; Story, Bruce; Swogger, Kurt; Taha, Angela; Thomson, Kip; Weeks, Ron; Williams, Allen; Wright, Glenn

7

1

2/25/2004 Williams, Allen

8

1

2/25/2004 Williams, Allen

9 10

6 36

12/3/2002 Williams, Allen 10/30/2003 Hazlitt, Lonnie

11

1

11/5/2003 Nelson, Mike

Hazlitt, Lonnie; Johnson, Mark S; Reichek, Ken; Williams, Allen

Gillespie, David

Testing performed at the request of Jenkens and Gilchrist in anticipation of litigation Testing performed at the request of Jenkens and Gilchrist in anticipation of litigation Removed as irrelevant to this litigation Testing performed at the request of in-house counsel in anticipation of litigation E-mail correspondence regarding testing performed at the request of in-house counsel in anticipation of litigation

WP

WP

WP WP

WP

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Dow's Log of Documents Withheld from Production on Grounds of Privilege in Civil Action 05-737
NO. PGS 12 7 DATE AUTHOR RECIPIENT Hazlitt, Lonnie; Johnson, Mark S; Reichek, Ken; Williams, Allen Hazlitt, Lonnie; Johnson, Mark S; Reichek, Ken; Williams, Allen Hazlitt, Lonnie; Johnson, Mark S; Reichek, Ken; Williams, Allen CC Gillespie, David REASON WITHHELD Testing performed at the request of WP in-house counsel in anticipation of litigation Testing performed at the request of WP in-house counsel in anticipation of litigation Testing performed at the request of WP in-house counsel in anticipation of litigation Testing performed at the request of WP in-house counsel in anticipation of litigation Testing performed at the request of WP in-house counsel in anticipation of litigation Testing performed at the request of WP in-house counsel in anticipation of litigation Testing performed at the request of WP in-house counsel in anticipation of litigation Testing performed at the request of WP in-house counsel in anticipation of litigation Testing performed at the request of WP in-house counsel in anticipation of litigation Testing performed at the request of WP in-house counsel in anticipation of litigation Testing performed at the request of WP in-house counsel in anticipation of litigation Testing performed at the request of WP in-house counsel in anticipation of litigation DESCRIPTION

11/4/2003 Hazlitt, Lonnie

13

2

11/5/2003 Nelson, Mike

Gillespie, David

14

1

11/5/2003 Nelson, Mike

Gillespie, David

15

7

10/29/2003 Hazlitt, Lonnie

16

1

10/30/2003 Nelson, Mike

17

34

10/30/2003 Hazlitt, Lonnie

18

4

10/21/2003 Williams, Allen

19

5

10/21/2003 Williams, Allen

20

7

10/9/2003 Williams, Allen

21

7

10/21/2003 Williams, Allen

22

7

10/21/2003 Williams, Allen

23

7

10/9/2003 Williams, Allen

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NO. PGS 24 1 DATE AUTHOR RECIPIENT CC DESCRIPTION Notes regarding testing performed at the request of in-house counsel in anticipation of litigation Testing performed at the request of in-house counsel in anticipation of litigation Testing performed at the request of in-house counsel in anticipation of litigation Testing performed at the request of in-house counsel in anticipation of litigation Testing performed at the request of in-house counsel in anticipation of litigation Testing performed at the request of in-house counsel in anticipation of litigation Testing performed at the request of in-house counsel in anticipation of litigation Testing performed at the request of in-house counsel in anticipation of litigation Testing performed at the request of in-house counsel in anticipation of litigation Testing performed at the request of in-house counsel in anticipation of litigation Testing performed at the request of in-house counsel in anticipation of litigation Testing performed at the request of in-house counsel in anticipation of litigation Page 4 of 263 REASON WITHHELD WP

9/10/2003 Williams, Allen

25

1

10/9/2003 Nelson, Mike

WP

26

11

10/10/2003 Hagen Jr, Charles

WP

27

7

10/9/2003 Nelson, Mike

WP

28

1

10/9/2003 Nelson, Mike

WP

29

2

10/9/2003 Nelson, Mike

WP

30

7

10/9/2003 Williams, Allen

WP

31

1

9/10/2003 Williams, Allen

WP

32

4

10/21/2003 Williams, Allen

WP

33

1

9/16/2003 Williams, Allen

WP

34

1

10/9/2003 Nelson, Mike

WP

35

7

10/9/2003 Nelson, Mike

WP

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NO. PGS 36 1 DATE AUTHOR RECIPIENT CC REASON WITHHELD Testing performed at the request of WP in-house counsel in anticipation of litigation Testing performed at the request of WP in-house counsel in anticipation of litigation Testing performed at the request of WP in-house counsel in anticipation of litigation Testing performed at the request of WP in-house counsel in anticipation of litigation Testing performed at the request of WP in-house counsel in anticipation of litigation Testing performed at the request of WP in-house counsel in anticipation of litigation Testing performed at the request of WP in-house counsel in anticipation of litigation Testing performed at the request of WP in-house counsel in anticipation of litigation Testing performed at the request of WP in-house counsel in anticipation of litigation Testing performed at the request of WP in-house counsel in anticipation of litigation Removed because irrelevant to this litigation Testing performed at the request of WP Jenkens & Gilchrist in anticipation of litigation DESCRIPTION

10/9/2003 Nelson, Mike

37

2

10/10/2003 Nelson, Mike

38

7

10/9/2003 Williams, Allen

39

1

9/16/2003 Williams, Allen

40

11

10/11/2003 Hagen Jr, Charles

41

3

10/3/2003 Williams, Allen

42

1

9/23/2003 Williams, Allen

43

11

10/20/2003 Hagen Jr, Charles

44

1

9/23/2003 Williams, Allen

45

3

10/21/2003 Williams, Allen

46 47

7 43 6/1/2004 Williams, Allen

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NO. PGS 48 4 DATE AUTHOR RECIPIENT CC REASON WITHHELD Testing performed at the request of WP Jenkens & Gilchrist in anticipation of litigation Testing performed at the request of WP Jenkens & Gilchrist in anticipation of litigation Testing performed at the request of WP Jenkens & Gilchrist in anticipation of litigation Testing performed at the request of WP Jenkens & Gilchrist in anticipation of litigation Testing performed at the request of WP Jenkens & Gilchrist in anticipation of litigation Testing performed at the request of WP Jenkens & Gilchrist in anticipation of litigation Testing performed at the request of WP Jenkens & Gilchrist in anticipation of litigation Testing performed at the request of WP Jenkens & Gilchrist in anticipation of litigation Testing performed at the request of WP Jenkens & Gilchrist in anticipation of litigation Testing performed at the request of WP Jenkens & Gilchrist in anticipation of litigation Testing performed at the request of WP Jenkens & Gilchrist in anticipation of litigation E-mail correspondence regarding WP testing performed at the request of Jenkens & Gilchrist in anticipation of litigation DESCRIPTION

2/16/2004 - Williams, Allen 5/11/2004 2/16/2004 Williams, Allen

49

1

50

1

2/25/2004 Williams, Allen

51

1

2/28/2004 Williams, Allen

52

1

3/9/2004

Williams, Allen

53

1

4/22/2004 Williams, Allen

54

1

4/26/2004 Williams, Allen

55

1

5/11/2004 Williams, Allen

56

1

5/27/2004 Williams, Allen

57

1

2004

58

4

6/11/2004 Coker, Wayne

59

1

3/23/2004 Hagen Jr, Charles

Johnson, Mark S; Reichek, Ken; Williams, Allen

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NO. PGS 60 1 DATE AUTHOR RECIPIENT Johnson, Mark S; Reichek, Ken; Williams, Allen CC DESCRIPTION E-mail correspondence regarding testing performed at the request of Jenkens & Gilchrist in anticipation of litigation E-mail correspondence regarding testing performed at the request of Jenkens & Gilchrist in anticipation of litigation E-mail correspondence regarding testing performed at the request of Jenkens & Gilchrist in anticipation of litigation E-mail correspondence regarding testing performed at the request of Jenkens & Gilchrist in anticipation of litigation Testing performed at the request of Jenkens & Gilchrist in anticipation of litigation Testing performed at the request of Jenkens & Gilchrist in anticipation of litigation Testing performed at the request of Jenkens & Gilchrist in anticipation of litigation Testing performed at the request of Jenkens & Gilchrist in anticipation of litigation Testing performed at the request of Jenkens & Gilchrist in anticipation of litigation E-mail correspondence regarding testing performed at the request of Jenkens & Gilchrist in anticipation of litigation REASON WITHHELD WP

5/24/2004 Hagen Jr, Charles

61

1

5/24/2004 Hagen Jr, Charles

Johnson, Marilyn; Reichek, Ken; Williams, Allen

WP

62

1

5/30/2004 Hagen Jr, Charles

Johnson, Mark S; Reichek, Ken; Williams, Allen

WP

63

1

6/16/2004

Hazlitt, Lonnie; Johnson, Mark S; Reichek, Ken; Williams, Allen Hazlitt, Lonnie; Johnson, Mark S; Reichek, Ken; Williams, Allen

Gillespie, David

WP

64

2

3/18/2004 Nelson, Mike

Gillespie, David

WP

65

21

3/24/2004

WP

66

7

3/24/2004

WP

67

7

3/24/2004

WP

68

7

3/24/2004

WP

69

1

2/16/2004 Johnson, Mark S

Hazlitt, Lonnie; Reichek, Ken; Williams, Allen

WP

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NO. PGS 70 17 DATE AUTHOR RECIPIENT Hazlitt, Lonnie; Reichek, Ken; Williams, Allen Hazlitt, Lonnie; Reichek, Ken; Williams, Allen CC REASON WITHHELD Testing performed at the request of WP in-house counsel in anticipation of litigation E-mail correspondence regarding WP testing performed at the request of Jenkens & Gilchrist in anticipation of litigation Action plan for testing performed at WP the request of Jenkens & Gilchrist in anticipation of litigation DESCRIPTION

10/27/2003 Reichek, Ken

71

1

2/16/2004 Johnson, Mark S

72

6

Porter, Greg; Glenn, Michael L; Kanuch, Bruce M; Krupp, Stephen; Story, Bruce 2/13/2004 Wakefield, Charles; Porter, Greg; Glenn, Reichek, Ken; Michael L; Kanuch, Bruce Hazlitt, Lonnie; M; Krupp, Stephen; Story, Johnson, Mark S Bruce 3/19/2004 Nelson, Mike Hazlitt, Lonnie; Johnson, Mark S; Reichek, Ken; Williams, Allen Hazlitt, Lonnie; Johnson, Mark S; Reichek, Ken; Williams, Allen Hazlitt, Lonnie; Johnson, Mark S; Williams, Allen

73

1

Gillespie, David

74

7

3/18/2004 Nelson, Mike

Gillespie, David

75

1

3/18/2004 Nelson, Mike

76

7

3/17/2004 Nelson, Mike

Hazlitt, Lonnie; Johnson, Mark S; Williams, Allen Hazlitt, Lonnie; Johnson, Mark S; Williams, Allen Hazlitt, Lonnie; Johnson, Mark S; Williams, Allen Hazlitt, Lonnie; Johnson, Mark S; Reichek, Ken; Williams, Allen Gillespie, David

77

1

3/17/2004 Nelson, Mike

78

2

3/18/2004 Nelson, Mike

79

1

3/22/2004 Nelson, Mike

E-mail correspondence regarding testing performed at the request of Jenkens & Gilchrist in anticipation of litigation Testing performed at the request of Jenkens & Gilchrist in anticipation of litigation E-mail correspondence regarding testing performed at the request of Jenkens & Gilchrist in anticipation of litigation Testing performed at the request of Jenkens & Gilchrist in anticipation of litigation Testing performed at the request of Jenkens & Gilchrist in anticipation of litigation Testing performed at the request of Jenkens & Gilchrist in anticipation of litigation E-mail correspondence regarding testing performed at the request of Jenkens & Gilchrist in anticipation of litigation

WP

WP

WP

WP

WP

WP

WP

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NO. PGS 80 2 DATE AUTHOR RECIPIENT Hazlitt, Lonnie; Johnson, Mark S; Reichek, Ken; Williams, Allen Hazlitt, Lonnie; Johnson, Mark S; Reichek, Ken; Williams, Allen Hazlitt, Lonnie; Johnson, Mark S; Reichek, Ken; Williams, Allen Hazlitt, Lonnie; Hegefeld, Neal; Johnson, Mark S; Reichek, Ken; Williams, Allen Hazlitt, Lonnie; Hegefeld, Neal; Johnson, Mark S; Reichek, Ken; Williams, Allen Hazlitt, Lonnie; Hegefeld, Neal; Johnson, Mark S; Reichek, Ken; Williams, Allen Hazlitt, Lonnie; Hegefeld, Neal; Johnson, Mark S; Reichek, Ken; Williams, Allen Hazlitt, Lonnie; Hegefeld, Neal; Johnson, Mark S; Reichek, Ken; Williams, Allen Hazlitt, Lonnie; Hegefeld, Neal; Johnson, Mark S; Reichek, Ken; Williams, Allen Hazlitt, Lonnie; Hegefeld, Neal; Johnson, Mark S; Reichek, Ken; Williams, Allen CC Gillespie, David REASON WITHHELD Testing performed at the request of WP Jenkens & Gilchrist in anticipation of litigation Testing performed at the request of WP Jenkens & Gilchrist in anticipation of litigation Testing performed at the request of WP Jenkens & Gilchrist in anticipation of litigation E-mail correspondence regarding WP testing performed at the request of Jenkens & Gilchrist in anticipation of litigation Testing performed at the request of WP Jenkens & Gilchrist in anticipation of litigation Testing performed at the request of WP Jenkens & Gilchrist in anticipation of litigation Testing performed at the request of WP Jenkens & Gilchrist in anticipation of litigation Testing performed at the request of WP Jenkens & Gilchrist in anticipation of litigation E-mail correspondence regarding WP testing performed at the request of Jenkens & Gilchrist in anticipation of litigation Testing performed at the request of WP Jenkens & Gilchrist in anticipation of litigation DESCRIPTION

3/22/2004 Nelson, Mike

81

1

3/19/2004 Nelson, Mike

Gillespie, David

82

7

3/19/2004 Nelson, Mike

Gillespie, David

83

1

5/17/2004 Nelson, Mike

Gillespie, David

84

1

5/14/2004 Nelson, Mike

Gillespie, David

85

2

5/14/2004 Nelson, Mike

Gillespie, David

86

3

5/17/2004 Nelson, Mike

Gillespie, David

87

7

5/14/2004 Nelson, Mike

Gillespie, David

88

1

5/17/2004 Nelson, Mike

Gillespie, David

89

1

5/15/2004 Nelson, Mike

Gillespie, David

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Dow's Log of Documents Withheld from Production on Grounds of Privilege in Civil Action 05-737
NO. PGS 90 2 DATE AUTHOR RECIPIENT Hazlitt, Lonnie; Hegefeld, Neal; Johnson, Mark S; Reichek, Ken; Williams, Allen Hazlitt, Lonnie; Hegefeld, Neal; Johnson, Mark S; Reichek, Ken; Williams, Allen Hazlitt, Lonnie; Hegefeld, Neal; Johnson, Mark S; Reichek, Ken; Williams, Allen Hazlitt, Lonnie; Hegefeld, Neal; Johnson, Mark S; Reichek, Ken; Williams, Allen Hazlitt, Lonnie; Hegefeld, Neal; Johnson, Mark S; Reichek, Ken; Williams, Allen Hazlitt, Lonnie; Hegefeld, Neal; Johnson, Mark S; Reichek, Ken; Williams, Allen Hazlitt, Lonnie; Hegefeld, Neal; Johnson, Mark S; Reichek, Ken; Williams, Allen Hazlitt, Lonnie; Hegefeld, Neal; Johnson, Mark S; Reichek, Ken; Williams, Allen CC Gillespie, David REASON WITHHELD Testing performed at the request of WP Jenkens & Gilchrist in anticipation of litigation Testing performed at the request of WP Jenkens & Gilchrist in anticipation of litigation Testing performed at the request of WP Jenkens & Gilchrist in anticipation of litigation E-mail correspondence regarding WP testing performed at the request of Jenkens & Gilchrist in anticipation of litigation Testing performed at the request of WP Jenkens & Gilchrist in anticipation of litigation Testing performed at the request of WP Jenkens & Gilchrist in anticipation of litigation Testing performed at the request of WP Jenkens & Gilchrist in anticipation of litigation Testing performed at the request of WP Jenkens & Gilchrist in anticipation of litigation Testing performed at the request of WP Jenkens & Gilchrist in anticipation of litigation DESCRIPTION

5/17/2004 Nelson, Mike

91

3

5/17/2004 Nelson, Mike

Gillespie, David

92

7

5/15/2004 Nelson, Mike

Gillespie, David

93

1

5/27/2004 Nelson, Mike

Gillespie, David

94

2

5/27/2004 Nelson, Mike

Gillespie, David

95

1

5/27/2004 Nelson, Mike

Gillespie, David

96

2

5/27/2004 Nelson, Mike

Gillespie, David

97

7

5/27/2004 Nelson, Mike

Gillespie, David

98

2

2/16/2004 Williams, Allen

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NO. PGS 99 15 DATE 6/1/2004 AUTHOR Williams, Allen RECIPIENT CC REASON WITHHELD Testing performed at the request of WP Jenkens & Gilchrist in anticipation of litigation Testing performed at the request of WP Jenkens & Gilchrist in anticipation of litigation Testing performed at the request of WP Jenkens & Gilchrist in anticipation of litigation Testing performed at the request of WP Jenkens & Gilchrist in anticipation of litigation Testing performed at the request of WP Jenkens & Gilchrist in anticipation of litigation Testing performed at the request of WP Jenkens & Gilchrist in anticipation of litigation Testing performed at the request of WP Jenkens & Gilchrist in anticipation of litigation Testing performed at the request of WP Jenkens & Gilchrist in anticipation of litigation Testing performed at the request of WP Jenkens & Gilchrist in anticipation of litigation Testing performed at the request of WP Jenkens & Gilchrist in anticipation of litigation Testing performed at the request of WP Jenkens & Gilchrist in anticipation of litigation Testing performed at the request of WP Jenkens & Gilchrist in anticipation of litigation DESCRIPTION

100

12

6/1/2004

Williams, Allen

101

15

6/1/2004

Williams, Allen

102

15

6/1/2004

Williams, Allen

103

6

3/18/2004

104

6

3/18/2004

105

6

3/18/2004

106

6

3/18/2004

107

6

3/18/2004

108

6

3/18/2004

109

6

3/18/2004

110

6

3/18/2004

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NO. PGS 111 6 DATE 3/18/2004 AUTHOR RECIPIENT CC REASON WITHHELD Testing performed at the request of WP Jenkens & Gilchrist in anticipation of litigation Testing performed at the request of WP Jenkens & Gilchrist in anticipation of litigation Testing performed at the request of WP Jenkens & Gilchrist in anticipation of litigation Testing performed at the request of WP Jenkens & Gilchrist in anticipation of litigation Testing performed at the request of WP Jenkens & Gilchrist in anticipation of litigation Testing performed at the request of WP Jenkens & Gilchrist in anticipation of litigation Testing performed at the request of WP Jenkens & Gilchrist in anticipation of litigation Testing performed at the request of WP Jenkens & Gilchrist in anticipation of litigation Testing performed at the request of WP Jenkens & Gilchrist in anticipation of litigation Testing performed at the request of WP Jenkens & Gilchrist in anticipation of litigation Testing performed at the request of WP Jenkens & Gilchrist in anticipation of litigation Testing performed at the request of WP Jenkens & Gilchrist in anticipation of litigation DESCRIPTION

112

6

3/18/2004

113

6

3/18/2004

114

6

3/18/2004

115

6

3/18/2004

116

6

3/18/2004

117

6

5/14/2004

118

6

5/14/2004

119

6

5/14/2004

120

6

5/14/2004

121

6

5/14/2004

122

6

5/14/2004

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Dow's Log of Documents Withheld from Production on Grounds of Privilege in Civil Action 05-737
NO. PGS 123 6 DATE 5/14/2004 AUTHOR RECIPIENT CC REASON WITHHELD Testing performed at the request of WP Jenkens & Gilchrist in anticipation of litigation Testing performed at the request of WP Jenkens & Gilchrist in anticipation of litigation Testing performed at the request of WP Jenkens & Gilchrist in anticipation of litigation Testing performed at the request of WP Jenkens & Gilchrist in anticipation of litigation Testing performed at the request of WP Jenkens & Gilchrist in anticipation of litigation Testing performed at the request of WP Jenkens & Gilchrist in anticipation of litigation Testing performed at the request of WP Jenkens & Gilchrist in anticipation of litigation Testing performed at the request of WP Jenkens & Gilchrist in anticipation of litigation Testing performed at the request of WP Jenkens & Gilchrist in anticipation of litigation Testing performed at the request of WP Jenkens & Gilchrist in anticipation of litigation Testing performed at the request of WP Jenkens & Gilchrist in anticipation of litigation Testing performed at the request of WP Jenkens & Gilchrist in anticipation of litigation DESCRIPTION

124

6

5/14/2004

125

6

5/14/2004

126

6

5/14/2004

127

6

5/14/2004

128

6

5/14/2004

129

6

5/14/2004

130

6

5/14/2004

131

6

5/15/2004

132

6

5/15/2004

133

6

5/15/2004

134

6

5/15/2004

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NO. PGS 135 6 DATE 5/15/2004 AUTHOR RECIPIENT CC REASON WITHHELD Testing performed at the request of WP Jenkens & Gilchrist in anticipation of litigation Testing performed at the request of WP Jenkens & Gilchrist in anticipation of litigation Testing performed at the request of WP Jenkens & Gilchrist in anticipation of litigation Testing performed at the request of WP Jenkens & Gilchrist in anticipation of litigation Testing performed at the request of WP Jenkens & Gilchrist in anticipation of litigation Testing performed at the request of WP Jenkens & Gilchrist in anticipation of litigation Testing performed at the request of WP Jenkens & Gilchrist in anticipation of litigation Testing performed at the request of WP Jenkens & Gilchrist in anticipation of litigation Testing performed at the request of WP Jenkens & Gilchrist in anticipation of litigation Testing performed at the request of WP Jenkens & Gilchrist in anticipation of litigation Testing performed at the request of WP Jenkens & Gilchrist in anticipation of litigation Testing performed at the request of WP Jenkens & Gilchrist in anticipation of litigation DESCRIPTION

136

6

5/15/2004

137

6

5/15/2004

138

6

5/15/2004

139

6

5/15/2004

140

6

5/15/2004

141

6

5/15/2004

142

6

5/15/2004

143

6

5/15/2004

144

6

5/15/2004

145

6

5/27/2004

146

6

5/27/2004

Revised 04/11/2008

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Dow's Log of Documents Withheld from Production on Grounds of Privilege in Civil Action 05-737
NO. PGS 147 6 DATE 5/27/2004 AUTHOR RECIPIENT CC REASON WITHHELD Testing performed at the request of WP Jenkens & Gilchrist in anticipation of litigation Testing performed at the request of WP Jenkens & Gilchrist in anticipation of litigation Testing performed at the request of WP Jenkens & Gilchrist in anticipation of litigation Testing performed at the request of WP Jenkens & Gilchrist in anticipation of litigation Testing performed at the request of WP Jenkens & Gilchrist in anticipation of litigation Testing performed at the request of WP Jenkens & Gilchrist in anticipation of litigation Testing performed at the request of WP Jenkens & Gilchrist in anticipation of litigation Testing performed at the request of WP Jenkens & Gilchrist in anticipation of litigation Testing performed at the request of WP Jenkens & Gilchrist in anticipation of litigation Testing performed at the request of WP Jenkens & Gilchrist in anticipation of litigation Testing performed at the request of WP Jenkens & Gilchrist in anticipation of litigation Testing performed at the request of WP Jenkens & Gilchrist in anticipation of litigation DESCRIPTION

148

6

5/27/2004

149

6

5/27/2004

150

6

5/27/2004

151

6

5/27/2004

152

6

5/27/2004

153

6

5/27/2004

154

6

5/27/2004

155

6

5/27/2004

156

6

5/27/2004

157

6

5/27/2004

158

6

5/27/2004

Revised 04/11/2008

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Filed 05/05/2008

Page 61 of 308

Dow's Log of Documents Withheld from Production on Grounds of Privilege in Civil Action 05-737
NO. PGS 159 43 DATE 6/1/2004 AUTHOR Williams, Allen RECIPIENT CC REASON WITHHELD Testing performed at the request of WP Jenkens & Gilchrist in anticipation of litigation E-mail correspondence regarding WP testing performed at the request of Jenner & Block in anticipation of litigation Report regarding testing performed WP at the request of Jenner & Block in anticipation of litigation E-mail correspondence regarding WP testing performed at the request of Jenner & Block in anticipation of litigation Report regarding testing performed WP at the request of Jenner & Block in anticipation of litigation E-mail correspondence regarding testing performed at the request of Jenner & Block in anticipation of litigation Report regarding testing performed at the request of Jenner & Block in anticipation of litigation E-mail correspondence regarding testing performed at the request of Jenner & Block in anticipation of litigation E-mail correspondence regarding testing performed at the request of Jenner & Block in anticipation of litigation WP DESCRIPTION

160

1

4/28/2005 Zhou, Zhe

Conboy, Claire; Green, Shayne; Johnson, Mark S; Taha, Angela Conboy, Claire; Green, Shayne; Johnson, Mark S; Taha, Angela

161

2

4/28/2005 Zhou, Zhe

162

1

1/28/2005 Zhou, Zhe

163

4

164

1

Conboy, Claire; Crown, Alechia; Green, Shayne; Johnson, Mark S; Taha, Angela 1/28/2005 Zhou, Zhe; Conboy, Conboy, Claire; Crown, Claire Alechia; Green, Shayne; Johnson, Mark S; Taha, Angela 2/4/2005 Zhou, Zhe Conboy, Claire; Johnson, Mark S; Taha, Angela

Crown, Alechia; Hazlitt, Lonnie; Reichek, Ken; Zhou, Zhe Crown, Alechia; Hazlitt, Lonnie; Reichek, Ken; Zhou, Zhe Hazlitt, Lonnie; Reichek, Ken

Hazlitt, Lonnie; Reichek, Ken

165

2

2/4/2005

Zhou, Zhe

Conboy, Claire; Johnson, Mark S; Taha, Angela Conboy, Claire; Taha, Angela

WP

166

1

2/28/2005 Zhou, Zhe

WP

167

1

1/3/2005

Johnson, Mark S

Conboy, Claire; Crown, Alechia; Green, Shayne; Taha, Angela

WP

Revised 04/11/2008

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Document 88-2

Filed 05/05/2008

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Dow's Log of Documents Withheld from Production on Grounds of Privilege in Civil Action 05-737
NO. PGS 168 1 DATE AUTHOR RECIPIENT Hazlitt, Lonnie CC Taha, Angela DESCRIPTION REASON WITHHELD WP

10/17/2004 Johnson, Mark S

169

3

10/17/2004

Hazlitt, Lonnie

Taha, Angela

170

1

6/23/2005 Johnson, Mark S

171

7

6/23/2005 Nelson, Mike

172

1

6/23/2005 Nelson, Mike

173

1

6/23/2005 Nelson, Mike

174

1

8/27/2004 Johnson, Mark S

Coker, Wayne; Conboy, Claire; Green, Shayne; Hazlitt, Lonnie; Taha, Angela; Zhou, Zhe Coker, Wayne; Conboy, Claire; Green, Shayne; Hazlitt, Lonnie; Taha, Angela; Zhou, Zhe Coker, Wayne; Conboy, Claire; Green, Shayne; Hazlitt, Lonnie; Taha, Angela; Zhou, Zhe Coker, Wayne; Conboy, Claire; Green, Shayne; Hazlitt, Lonnie; Taha, Angela; Zhou, Zhe Hazlitt, Lonnie

E-mail correspondence regarding testing performed at the request of Jenner & Block in anticipation of litigation Testing performed at the request of WP Jenner & Block in anticipation of litigation E-mail correspondence regarding WP testing performed at the request of Jenner & Block in anticipation of litigation Testing performed at the request of WP Jenner & Block in anticipation of litigation Testing performed at the request of WP Jenner & Block in anticipation of litigation Testing performed at the request of WP Jenner & Block in anticipation of litigation

175

6

8/18/2004 Taha, Angela

Hazlitt, Lonnie

176

1

2/3/2005

Zhou, Zhe

Johnson, Mark S; Taha, Angela

E-mail correspondence regarding WP testing performed at the request of Jenkens & Gilchrist in anticipation of litigation Taha, Angela Testing performed at the request of WP Jenkens & Gilchrist in anticipation of litigation Conboy, Claire; Zhou, E-mail correspondence regarding WP Zhe testing performed at the request of Jenner & Block in anticipation of litigation

Taha, Angela

Revised 04/11/2008

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Document 88-2

Filed 05/05/2008

Page 63 of 308

Dow's Log of Documents Withheld from Production on Grounds of Privilege in Civil Action 05-737
NO. PGS 177 1 DATE AUTHOR RECIPIENT Coker, Wayne; Conboy, Claire; Green, Shayne; Hazlitt, Lonnie; Reichek, Ken; Taha, Angela; Zhou, Zhe; Johnson, Mark S Coker, Wayne; Conboy, Claire; Green, Shayne; Hazlitt, Lonnie; Reichek, Ken; Taha, Angela; Zhou, Zhe; Johnson, Mark S Coker, Wayne; Conboy, Claire; Green, Shayne; Hazlitt, Lonnie; Reichek, Ken; Taha, Angela; Zhou, Zhe; Johnson, Mark S Coker, Wayne; Conboy, Claire; Green, Shayne; Hazlitt, Lonnie; Johnson, Mark S; Reichek, Ken; Taha, Angela Coker, Wayne; Conboy, Claire; Green, Shayne; Hazlitt, Lonnie; Johnson, Mark S; Reichek, Ken; Taha, Angela Coker, Wayne; Crown, Alechia; Green, Shayne; Hazlitt, Lonnie; Johnson, Mark S; Reichek, Ken; Taha, Angela; Turk, Thelma; Zhou, Zhe Coker, Wayne; Crown, Alechia; Green, Shayne; Hazlitt, Lonnie; Johnson, Mark S; Reichek, Ken; Taha, Angela; Turk, Thelma; Zhou, Zhe Page 18 of 263 CC DESCRIPTION E-mail correspondence regarding testing performed at the request of Jenner & Block in anticipation of litigation REASON WITHHELD WP

6/15/2005 Johnson, Mark S; Nelson, Mike

178

7

6/10/2005 Nelson, Mike

Testing performed at the request of WP Jenner & Block in anticipation of litigation

179

1

6/15/2005 Nelson, Mike

Testing performed at the request of WP Jenner & Block in anticipation of litigation

180

1

6/15/2005 Zhou, Zhe

E-mail correspondence regarding testing performed at the request of Jenner & Block in anticipation of litigation

WP

181

1

6/15/2005 Zhou, Zhe

Testing performed at the request of WP Jenner & Block in anticipation of litigation

182

1

2/28/2005 Conboy, Claire

E-mail correspondence regarding testing performed at the request of Jenner & Block in anticipation of litigation

WP

183

1

2/28/2005 Conboy, Claire

Testing performed at the request of WP Jenner & Block in anticipation of litigation

Revised 04/11/2008

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Filed 05/05/2008

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NO. PGS 184 2 DATE 2/2/2005 AUTHOR Zhou, Zhe RECIPIENT Johnson, Mark S; Taha, Angela CC Zhou, Zhe DESCRIPTION E-mail correspondence regarding testing performed at the request of Jenner & Block in anticipation of litigation E-mail correspondence regarding testing performed at the request of Jenner & Block in anticipation of litigation Report regarding testing performed at the request of Jenner & Block in anticipation of litigation E-mail correspondence providing attached reports regarding testing performed at the request of Jenner & Block in anticipation of litigation Attached report regarding testing performed at the request of Jenner & Block in anticipation of litigation Testing performed at the request of Jenner & Block in anticipation of litigation E-mail correspondence regarding testing performed at the request of Jenner & Block in anticipation of litigation E-mail correspondence regarding testing performed at the request of Jenner & Block in anticipation of litigation Testing performed at the request of Jenner & Block in anticipation of litigation E-mail correspondence regarding testing performed at the request of Jenner & Block in anticipation of litigation REASON WITHHELD WP

185

1

2/1/2005

Zhou, Zhe

Taha, Angela

WP

186

2

2/1/2005

Zhou, Zhe

Taha, Angela

WP

187

1

2/7/2005

Zhou, Zhe

Johnson, Mark S; Taha, Angela

WP

188

9

2/7/2005

Zhou, Zhe

Johnson, Mark S; Taha, Angela Johnson, Mark S; Taha, Angela Conboy, Claire; Crown, Alechia; Johnson, Mark S; Taha, Angela Conboy, Claire; Green, Shayne; Johnson, Mark S; Taha, Angela Conboy, Claire; Green, Shayne; Johnson, Mark S; Taha, Angela Conboy, Claire; Green, Shayne; Taha, Angela; Zhou, Zhe Green, Shayne

WP

189

1

2/7/2005

Conboy, Claire

WP

190

3

1/26/2005 Zhou, Zhe

WP

191

1

6/2/2005

Zhou, Zhe

192

8

6/2/2005

Zhou, Zhe

193

1

4/29/2005 Johnson, Mark S

Coker, Wayne; Crown, Alechia; Hazlitt, Lonnie; Reichek, Ken Coker, Wayne; Crown, Alechia; Hazlitt, Lonnie; Reichek, Ken Coker, Wayne; Crown, Alechia; Hazlitt, Lonnie; Reichek, Ken

WP

WP

WP

Revised 04/11/2008

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Document 88-2

Filed 05/05/2008

Page 65 of 308

Dow's Log of Documents Withheld from Production on Grounds of Privilege in Civil Action 05-737
NO. PGS 194 1 DATE AUTHOR RECIPIENT Crown, Alechia; Green, Shayne; Johnson, Mark S; Taha, Angela; Zhou, Zhe Conboy, Claire; Crown, Alechia; Green, Shayne; Taha, Angela; Zhou, Zhe Coker, Wayne; Conboy, Claire; Green, Shayne; Hazlitt, Lonnie; Johnson, Mark S; Taha, Angela Conboy, Claire; Crown, Alechia; Green, Shayne; Taha, Angela Crown, Alechia; Green, Shayne; Johnson, Mark S; Taha, Angela Conboy, Claire; Green, Shayne; Johnson, Mark S; Taha, Angela Coker, Wayne; Conboy, Claire; Green, Shayne; Hazlitt, Lonnie; Reichek, Ken; Taha, Angela; Zhou, Zhe Coker, Wayne; Conboy, Claire; Green, Shayne; Hazlitt, Lonnie; Johnson, Mark S; Reichek, Ken; Taha, Angela CC Hazlitt, Lonnie; Reichek, Ken DESCRIPTION E-mail correspondence regarding testing performed at the request of Jenner & Block in anticipation of litigation E-mail correspondence regarding testing performed at the request of Jenner & Block in anticipation of litigation E-mail correspondence regarding testing performed at the request of Jenner & Block in anticipation of litigation E-mail correspondence regarding testing performed at the request of Jenner & Block in anticipation of litigation E-mail correspondence regarding testing performed at the request of Jenner & Block in anticipation of litigation E-mail correspondence regarding testing performed at the request of Jenner & Block in anticipation of litigation E-mail correspondence regarding testing performed at the request of Jenner & Block in anticipation of litigation E-mail correspondence regarding testing performed at the request of Jenner & Block in anticipation of litigation REASON WITHHELD WP

1/28/2005 Conboy, Claire

195

1

1/30/2005 Johnson, Mark S

Hazlitt, Lonnie; Reichek, Ken

WP

196

1

6/23/2005 Zhou, Zhe

WP

197

2

1/5/2005

Johnson, Mark S

WP

198

2

1/5/2005

Conboy, Claire

WP

199

3

1/5/2005

Crown, Alechia

WP

200

2

6/15/2005 Johnson, Mark S

WP

201

2

6/15/2005 Zhou, Zhe

WP

Revised 04/11/2008

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Document 88-2

Filed 05/05/2008

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Dow's Log of Documents Withheld from Production on Grounds of Privilege in Civil Action 05-737
NO. PGS 202 2 DATE AUTHOR RECIPIENT Coker, Wayne; Conboy, Claire; Hazlitt, Lonnie; Johnson, Mark S; Reichek, Ken; Taha, Angela; Zhou, Zhe Conboy, Claire; Hazlitt, Lonnie; Johnson, Mark S; Taha, Angela CC DESCRIPTION E-mail correspondence regarding testing performed at the request of Jenner & Block in anticipation of litigation REASON WITHHELD WP

6/20/2005 Green, Shayne

203

1

204

1

205

2

206

3

207

2

208

1

209

1

210

2

E-mail correspondence regarding testing performed at the request of Jenner & Block in anticipation of litigation 2/2/2005 Johnson, Mark S; Taha, Angela; Zhou, Zhe; E-mail correspondence regarding Zhou, Zhe Johnson, Mark S testing performed at the request of Jenner & Block in anticipation of litigation 6/14/2005 Johnson, Mark S; Conboy, Claire; Taha, Hazlitt, Lonnie; E-mail correspondence regarding Taha, Angela; Zhou, Angela; Zhou, Zhe; Reichek, Ken; Coker, testing performed at the request of Zhe Johnson, Mark S; Green, Wayne Jenner & Block in anticipation of Shayne litigation 6/15/2005 Hazlitt, Lonnie Conboy, Claire; Johnson, E-mail correspondence regarding Mark S; Taha, Angela; testing performed at the request of Zhou, Zhe Jenner & Block in anticipation of litigation Hazlitt, Lonnie; E-mail correspondence regarding 6/14/2005 Conboy, Claire; Johnson, Mark S; Taha, Angela; Zhou, Zhe; Conboy, Reichek, Ken; Coker, testing performed at the request of Johnson, Mark S; Wayne Jenner & Block in anticipation of Taha, Angela; Zhou, Claire litigation Zhe 6/15/2005 Zhou, Zhe Conboy, Claire; Hazlitt, Chowdhury, Kasem E-mail correspondence regarding Lonnie; Johnson, Mark S; testing performed at the request of Taha, Angela Jenner & Block in anticipation of litigation 3/16/2005 Conboy, Claire Taha, Angela E-mail correspondence regarding testing performed at the request of Jenner & Block in anticipation of litigation 8/19/2004 Johnson, Mark S; Taha, Angela; Johnson, Hazlitt, Lonnie; E-mail correspondence regarding Taha, Angela Mark S; Redwine, David Williams, Allen; Coker, testing performed at the request of Wayne Jenkens & Gilchrist in anticipation of litigation Page 21 of 263

6/15/2005 Zhou, Zhe

WP

WP

WP

WP

WP

WP

WP

WP

Revised 04/11/2008

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Filed 05/05/2008

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NO. PGS 211 2 DATE AUTHOR RECIPIENT Johnson, Mark S; Taha, Angela; Redwine, David CC DESCRIPTION REASON WITHHELD WP

8/18/2004 Redwine, David; Johnson, Mark S; Taha, Angela 8/18/2004 Johnson, Mark S; Taha, Angela

212

2

Redwine, David; Taha, Angela

213

1

8/18/2004 Redwine, David

Johnson, Mark S; Taha, Angela

214

1

8/18/2004 Johnson, Mark S

Redwine, David; Taha, Angela

215

1

8/5/2004

Johnson, Mark S

Taha, Angela

216

2

1/25/2005 Johnson, Mark S

Crown, Alechia; Taha, Angela

217

2

1/16/2005 Crown, Alechia

Taha, Angela

218

1

1/14/2005 Conboy, Claire

Zhou, Zhe

219

2

1/14/2005 Crown, Alechia

Johnson, Mark S; Taha, Angela

Coker, Wayne; Hazlitt, E-mail correspondence regarding Lonnie; Williams, testing performed at the request of Allen Jenkens & Gilchrist in anticipation of litigation Coker, Wayne; Hazlitt, E-mail correspondence regarding Lonnie; Williams, testing performed at the request of Allen Jenkens & Gilchrist in anticipation of litigation E-mail correspondence regarding testing performed at the request of Jenkens & Gilchrist in anticipation of litigation Coker, Wayne; Hazlitt, E-mail correspondence regarding Lonnie; Williams, testing performed at the request of Allen Jenkens & Gilchrist in anticipation of litigation E-mail correspondence regarding testing performed at the request of Jenkens & Gilchrist in anticipation of litigation Conboy, Claire; E-mail correspondence regarding Green, Shayne; Zhou, testing performed at the request of Zhe Jenner & Block in anticipation of litigation E-mail correspondence regarding testing performed at the request of Jenner & Block in anticipation of litigation Taha, Angela E-mail correspondence regarding testing performed at the request of Jenner & Block in anticipation of litigation Conboy, Claire; E-mail correspondence regarding Green, Shayne; Zhou, testing performed at the request of Zhe Jenner & Block in anticipation of litigation

WP

WP

WP

WP

WP

WP

WP

WP

Revised 04/11/2008

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Document 88-2

Filed 05/05/2008

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NO. PGS 220 1 DATE AUTHOR RECIPIENT Conboy, Claire CC Taha, Angela DESCRIPTION REASON WITHHELD WP

1/12/2005 Zhou, Zhe

221

3

1/12/2005 Zhou, Zhe

222

2

1/26/2005 Conboy, Claire

223

3

8/19/2004 Redwine, David

224

3

1/26/2005 Crown, Alechia

225

3

8/16/2005 Hazlitt, Lonnie

226

3

8/15/2005 Johnson, Mark S

227

2

8/15/2005 Johnson, Mark S

228

2

8/15/2005 Zhou, Zhe

E-mail correspondence regarding testing performed at the request of Jenner & Block in anticipation of litigation Conboy, Claire Taha, Angela Testing performed at the request of Jenner & Block in anticipation of litigation Crown, Alechia; Johnson, Green, Shayne; Zhou, E-mail correspondence regarding Mark S; Taha, Angela Zhe testing performed at the request of Jenner & Block in anticipation of litigation Taha, Angela E-mail correspondence regarding testing performed at the request of Jenkens & Gilchrist in anticipation of litigation Conboy, Claire; Johnson, Green, Shayne E-mail correspondence regarding Mark S; Taha, Angela; testing performed at the request of Zhou, Zhe Jenner & Block in anticipation of litigation Johnson, Mark S; Redwine, Coker, Wayne; E-mail correspondence regarding David; Taha, Angela; Zhou, Conboy, Claire testing performed at the request of Zhe Jenner & Block in anticipation of litigation Redwine, David; Taha, Coker, Wayne; E-mail correspondence regarding Angela; Zhou, Zhe Conboy, Claire; testing performed at the request of Hazlitt, Lonnie Jenner & Block in anticipation of litigation Redwine, David; Zhou, Zhe Coker, Wayne; E-mail correspondence regarding Conboy, Claire; testing performed at the request of Hazlitt, Lonnie; Taha, Jenner & Block in anticipation of Angela litigation Johnson, Mark S; Redwine, Coker, Wayne; E-mail correspondence regarding David Conboy, Claire; testing performed at the request of Hazlitt, Lonnie; Taha, Jenner & Block in anticipation of Angela litigation

WP

WP

WP

WP

WP

WP

WP

WP

Revised 04/11/2008

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Document 88-2

Filed 05/05/2008

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Dow's Log of Documents Withheld from Production on Grounds of Privilege in Civil Action 05-737
NO. PGS 229 2 DATE AUTHOR RECIPIENT CC DESCRIPTION E-mail correspondence regarding testing performed at the request of Jenner & Block in anticipation of litigation E-mail correspondence regarding testing performed at the request of Jenner & Block in anticipation of litigation E-mail correspondence regarding testing performed at the request of Jenner & Block in anticipation of litigation E-mail correspondence regarding testing performed at the request of Jenner & Block in anticipation of litigation E-mail correspondence regarding testing performed at the request of Jenner & Block in anticipation of litigation E-mail correspondence regarding testing performed at the request of Jenner & Block in anticipation of litigation E-mail correspondence regarding testing performed at the request of Jenner & Block in anticipation of litigation Presentation regarding testing performed at the request of Jenner & Block in anticipation of litigation E-mail correspondence regarding testing performed at the request of Jenner & Block in anticipation of litigation REASON WITHHELD WP

8/15/2005 Johnson, Mark S

230

3

8/16/2005 Hazlitt, Lonnie

Redwine, David; Zhou, Zhe Coker, Wayne; Conboy, Claire; Hazlitt, Lonnie; Taha, Angela Johnson, Mark S; Redwine, Coker, Wayne; David; Taha, Angela; Zhou, Conboy, Claire Zhe Taha, Angela; Zhou, Zhe

WP

231

1

2/3/2005

Johnson, Mark S

WP

232

2

2/11/2005 Johnson, Mark S

Conboy, Claire; Crown, Alechia; Green, Shayne; Taha, Angela; Zhou, Zhe Conboy, Claire; Green, Shayne; Johnson, Mark S; Taha, Angela; Zhou, Zhe Conboy, Claire; Crown, Alechia; Green, Shayne; Johnson, Mark S; Taha, Angela Conboy, Claire; Green, Shayne; Johnson, Mark S; Taha, Angela Conboy, Claire; Green, Shayne; Johnson, Mark S; Taha, Angela Johnson, Mark S; Taha, Angela

Hazlitt, Lonnie; Reichek, Ken

WP

233

3

2/11/2005 Crown, Alechia

Hazlitt, Lonnie; Reichek, Ken

WP

234

2

1/31/2005 Zhou, Zhe

Hazlitt, Lonnie; Reichek, Ken

WP

235

1

5/18/2005 Zhou, Zhe

236

5

5/18/2005 Zhou, Zhe; Green, Shayne; Conboy, Claire 2/3/2005 Zhou, Zhe

Coker, Wayne; Crown, Alechia; Hazlitt, Lonnie; Reichek, Ken Coker, Wayne; Crown, Alechia; Hazlitt, Lonnie; Reichek, Ken

WP

WP

237

1

WP

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Dow's Log of Documents Withheld from Production on Grounds of Privilege in Civil Action 05-737
NO. PGS 238 1 DATE AUTHOR RECIPIENT Crown, Alechia; Green, Shayne; Taha, Angela; Zhou, Zhe CC Conboy, Claire; Hazlitt, Lonnie; Reichek, Ken DESCRIPTION REASON WITHHELD WP

1/27/2005 Johnson, Mark S

239

2

1/26/2005 Johnson, Mark S

240

2

7/18/2003 Johnson, Mark S

Crown, Alechia; Green, Conboy, Claire; Shayne; Taha, Angela; Hazlitt, Lonnie; Zhou, Zhe Reichek, Ken Anderson, Kenneth W; Turk, Thelma Crim, Brad; Dekunder, Staci; Fordyce, William; Sehanobish, Kalyan; Cobler, Brad; Dowling, Nicole; Koch, Kaeyln; Niemann, Debra; Ramsey, David; Wooster, Jeffrey J; Degroot, Willem; Gillespie, David; Hazlitt, Lonnie; Karjala, Teresa; Bernier, Robert; Kolthammer, Brian W.S; Eversdyk, David; Jain, Pradeep; McConnell, Dennis; Krupp, Stephen; Story, Bruce Billings, Mike; Dekunder, Staci; Larsen Jr, Douglas; Mcconnell, Dennis; Niemann, Debra; Nietvelt, Paul; Patterson, Leree; Wright, Glenn Billings, Mike; Dekunder, Staci; Larsen Jr, Douglas; Mcconnell, Dennis; Niemann, Debra; Nietvelt, Paul; Patterson, Leree; Wright, Glenn Hazlitt, Lonnie

E-mail correspondence regarding testing performed at the request of Jenner & Block in anticipation of litigation Testing performed at the request of WP Jenner & Block in anticipation of litigation E-mail correspondence reflecting AC attorney-client privileged communication with S. Krupp, Esq.

241

1

9/9/2003

Johnson, Mark S

E-mail correspondence regarding WP analysis performed at the request of in-house counsel in anticipation of litigation

242

22

9/9/2003

Johnson, Mark S

Hazlitt, Lonnie

Presentation regarding testing WP performed at the request of in-house counsel in anticipation of litigation

Revised 04/11/2008

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Dow's Log of Documents Withheld from Production on Grounds of Privilege in Civil Action 05-737
NO. PGS 243 1 DATE AUTHOR RECIPIENT Billings, Mike; Dekunder, Staci; Larsen Jr, Douglas; Mcconnell, Dennis; Niemann, Debra; Nietvelt, Paul; Patterson, Leree; Wright, Glenn Billings, Mike; Dekunder, Staci; Larsen Jr, Douglas; Mcconnell, Dennis; Niemann, Debra; Nietvelt, Paul; Patterson, Leree; Wright, Glenn Dekunder, Staci; Larsen Jr, Douglas; Mcconnell, Dennis; Niemann, Debra; Nietvelt, Paul; Patterson, Leree CC Combs, Bruce; Fordyce, William; Koch, Kaelyn; Story, Bruce; Thomson, Kip DESCRIPTION E-mail correspondence providing presentation prepared at request of in-house counsel in anticipation of litigation REASON WITHHELD WP

10/24/2003 Johnson, Mark S

244

24

10/24/2003 Johnson, Mark S

Combs, Bruce; Fordyce, William; Koch, Kaelyn; Story, Bruce; Thomson, Kip

Presentation regarding testing WP performed at the request of in-house counsel in anticipation of litigation

245

1

6/10/2004 Johnson, Mark S

246

24

6/10/2004 Johnson, Mark S

Bernier, Robert; Cobler, Brad; Desjardins, Sylvie; Eversdyk, David; Kardos, Lori; Krupp, Stephen Dekunder, Staci; Larsen Jr, Bernier, Robert; Douglas; Mcconnell, Cobler, Brad; Dennis; Niemann, Debra; Desjardins, Sylvie; Nietvelt, Paul; Patterson, Eversdyk, David; Leree Kardos, Lori; Krupp, Stephen

E-mail correspondence providing WP presentation prepared at request of in-house counsel in anticipation of litigation

Presentation regarding testing and WP analysis performed at the request of in-house counsel in anticipation of litigation

247

36

8/18/2003 Krupp, Stephen; Johnson, Mark S; Billings, Mike; Dekunder, Staci; Larsen, Douglas; McConnell, Dennis; Niemann, Debra; Nietvelt, Paul; Patterson, Leree; Wright, Glenn

Presentation slides regarding AC infringement analysis providing legal advice of S. Krupp and summarizing information for counsel in order to obtain legal advice.

Revised 04/11/2008

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Document 88-2

Filed 05/05/2008

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Dow's Log of Documents Withheld from Production on Grounds of Privilege in Civil Action 05-737
NO. PGS 248 8 DATE AUTHOR RECIPIENT CC DESCRIPTION Draft presentation providing legal analysis and strategy for testing in anticipation of litigation Attached information provided to counsel in e-mail from Mark Johnson in order to obtain legal advice Testing performed at the request of Jenner & Block in anticipation of litigation Testing performed at the request of Jenner & Block in anticipation of litigation Testing performed at the request of Jenkens & Gilchrist in anticipation of litigation Outline regarding testing performed at the request of Jenner & Block in anticipation of litigation Testing performed at the request of Jenner & Block in anticipation of litigation Testing performed at the request of Jenkens & Gilchrist in anticipation of litigation Testing performed at the request of Jenner & Block in anticipation of litigation Testing performed at the request of Jenkens & Gilchrist and Jenner & Block in anticipation of litigation Testing performed at the request of Jenner & Block in anticipation of litigation REASON WITHHELD AC, WP

8/18/2003 Krupp, Stephen

249

11

3/2/2006

Glenn; Hazlitt, Lonnie; Kanuch, Bruce; Kolthammer, Brian ,; Korfhage; Roper, Harry; Trybus, Steven

AC

250

5

8/14/2006 Hazlitt, Lonnie

WP

251

91

3/7/2005

Hazlitt, Lonnie

WP

252

156

9/21/2004 Hazlitt, Lonnie

WP

253

2

2/2/2005

Hazlitt, Lonnie

WP

254

238

1/22/2007 Hazlitt, Lonnie

WP

255

22

7/13/2004 Hazlitt, Lonnie

WP

256

8

1/26/2005 Hazlitt, Lonnie

WP

257

118 11/29/2004 Hazlitt, Lonnie

WP

258

8

1/17/2005 Hazlitt, Lonnie

WP

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Dow's Log of Documents Withheld from Production on Grounds of Privilege in Civil Action 05-737
NO. PGS 259 46 DATE AUTHOR RECIPIENT CC REASON WITHHELD Testing performed at the request of WP Jenkens & Gilchrist in anticipation of litigation Removed as irrelevant to this WP litigation Testing performed at the request of WP Jenkens & Gilchrist in anticipation of litigation Testing performed at the request of WP in-house counsel in anticipation of litigation Testing performed at the request of WP in-house counsel in anticipation of litigation Testing performed at the request of WP in-house counsel in anticipation of litigation Testing performed at the request of WP in-house counsel in anticipation of litigation Testing performed at the request of WP Jenner & Block in anticipation of litigation Testing performed at the request of WP Jenner & Block in anticipation of litigation Testing performed at the request of WP Jenkens & Gilchrist in anticipation of litigation Testing performed at the request of WP Jenner & Block in anticipation of litigation Testing performed at the request of WP Jenner & Block in anticipation of litigation DESCRIPTION

10/29/2004 Hazlitt, Lonnie

260 261

29 17

Hazlitt, Lonnie 10/27/2004 Johnson, Mark S.

262

40

Aug-03

Hazlitt, Lonnie

263

40

Aug-03

Hazlitt, Lonnie

264

43

Aug-03

Hazlitt, Lonnie

265

41

Aug-03

Hazlitt, Lonnie

266

6

4/8/2005

Hazlitt, Lonnie

267

6

1/26/2007 Hazlitt, Lonnie

268

31

10/17/2004 Hazlitt, Lonnie

269

4

2/10/2005 Hazlitt, Lonnie

270

81

12/14/2004 Hazlitt, Lonnie

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Dow's Log of Documents Withheld from Production on Grounds of Privilege in Civil Action 05-737
NO. PGS 271 81 DATE AUTHOR RECIPIENT CC REASON WITHHELD Testing performed at the request of WP Jenner & Block in anticipation of litigation Testing performed at the request of WP Jenner & Block in anticipation of litigation Testing performed at the request of WP Jenkens & Gilchrist in anticipation of litigation Testing performed at the request of WP Jenner & Block in anticipation of litigation Testing performed at the request of WP Jenner & Block in anticipation of litigation Testing performed at the request of WP Jenkens & Gilchrist and Jenner & Block in anticipation of litigation Testing performed at the request of WP Jenkens & Gilchrist in anticipation of litigation Testing performed at the request of WP Jenner & Block in anticipation of litigation E-mail correspondence regarding WP testing performed at the request of Jenner & Block in anticipation of litigation Report regarding testing performed WP at the request of Jenner & Block in anticipation of litigation E-mail regarding testing performed WP at the request of Jenkens & Gilchrist in anticipation of litigation DESCRIPTION

12/14/2004 Hazlitt, Lonnie

272

10

7/27/2005 Hazlitt, Lonnie

273

7

8/13/2004 Hazlitt, Lonnie

274

27

5/11/2005 Hazlitt, Lonnie

275

27

5/11/2005 Hazlitt, Lonnie

276

24

11/18/2004 Hazlitt, Lonnie

277

1

6/1/2004

Johnson, Mark S.

278

8

4/19/2005 Hazlitt, Lonnie

279

1

4/28/2005 Zhou, Zhe

Conboy, Claire; Green, Shayne; Johnson, Mark S; Taha, Angela Conboy, Claire; Green, Shayne; Johnson, Mark S; Taha, Angela Hazlitt, Lonnie; Johnson, Mark S

280

2

4/28/2005 Zhou, Zhe

Crown, Alechia; Hazlitt, Lonnie; Reichek, Ken; Zhou, Zhe Crown, Alechia; Hazlitt, Lonnie; Reichek, Ken; Zhou, Zhe

281

2

9/3/2004

Reichek, Ken

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Dow's Log of Documents Withheld from Production on Grounds of Privilege in Civil Action 05-737
NO. PGS 282 2 DATE 9/3/2004 AUTHOR Reichek, Ken RECIPIENT Hazlitt, Lonnie; Johnson, Mark S CC DESCRIPTION E-mail correspondence regarding testing performed at the request of Jenkens & Gilchrist in anticipation of litigation E-mail correspondence regarding testing performed at the request of Jenner & Block in anticipation of litigation Testing performed at the request of Jenner & Block in anticipation of litigation E-mail correspondence regarding testing performed at the request of Jenkens & Gilchrist in anticipation of litigation Testing performed at the request of Jenkens & Gilchrist in anticipation of litigation E-mail correspondence regarding testing performed at the request of Jenkens & Gilchrist in anticipation of litigation Testing performed at the request of Jenkens & Gilchrist in anticipation of litigation Testing performed at the request of Jenkens & Gilchrist in anticipation of litigation Testing performed at the request of Jenkens & Gilchrist in anticipation of litigation Testing performed at the request of Jenkens & Gilchrist in anticipation of litigation REASON WITHHELD WP

283

1

9/14/2005 Reichek, Ken

Hazlitt, Lonnie

WP

284

93

9/13/2005 Reichek, Ken

Hazlitt, Lonnie

WP

285

1

6/1/2004

Williams, Allen

Johnson, Mark S

Hazlitt, Lonnie; Reichek, Ken

WP

286

43

6/1/2004

Williams, Allen

Johnson, Mark S

Hazlitt, Lonnie; Reichek, Ken Hazlitt, Lonnie; Reichek, Ken

WP

287

1

6/1/2004

Williams, Allen

Johnson, Mark S

WP

288

53

3/10/2004 Williams, Allen

Johnson, Mark S

Hazlitt, Lonnie; Reichek, Ken Hazlitt, Lonnie; Reichek, Ken Hazlitt, Lonnie; Reichek, Ken Hazlitt, Lonnie; Reichek, Ken

WP

289

53

5/14/2004 Williams, Allen

Johnson, Mark S

WP

290

53

5/19/2004 Williams, Allen

Johnson, Mark S

WP

291

53

5/27/2004 Williams, Allen

Johnson, Mark S

WP

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Dow's Log of Documents Withheld from Production on Grounds of Privilege in Civil Action 05-737
NO. PGS 292 1 DATE AUTHOR RECIPIENT Johnson, Mark S CC Hazlitt, Lonnie; Williams, Allen DESCRIPTION E-mail correspondence regarding testing performed at the request of Jenkens & Gilchrist in anticipation of litigation Testing performed at the request of Jenkens & Gilchrist in anticipation of litigation E-mail correspondence regarding testing performed at the request of Jenkens & Gilchrist in anticipation of litigation Testing performed at the request of Jenkens & Gilchrist in anticipation of litigation E-mail correspondence regarding testing performed at the request of Jenkens & Gilchrist and Jenner & Block in anticipation of litigation E-mail correspondence regarding testing performed at the request of Jenkens & Gilchrist in anticipation of litigation E-mail correspondence regarding testing performed at the request of Jenkens & Gilchrist in anticipation of litigation E-mail correspondence providing report regarding testing performed at the request of Jenkens & Gilchrist in anticipation of litigation REASON WITHHELD WP

6/11/2004 Coker, Wayne

293

4

6/11/2004 Coker, Wayne

Johnson, Mark S

Hazlitt, Lonnie; Williams, Allen

WP

294

1

6/14/2004 Coker, Wayne

Hazlitt, Lonnie; Johnson, Mark S; Williams, Allen

WP

295

4

6/11/2004 Coker, Wayne

Hazlitt, Lonnie; Johnson, Mark S; Williams, Allen Balke, Stephen T Hazlitt, Lonnie; Reichek, Ken

WP

296

1

8/17/2005 Johnson, Mark S

WP

297

2

3/19/2004 Reichek, Ken

Hazlitt, Lonnie

WP

298

2

3/19/2004 Reichek, Ken

Hazlitt, Lonnie

WP

299

1

8/27/2004 Johnson, Mark S

Hazlitt, Lonnie

Taha, Angela

WP

300

6

8/18/2004 Taha, Angela

Hazlitt, Lonnie

Taha, Angela

Testing performed at the request of WP Jenkens & Gilchrist in anticipation of litigation

Revised 04/11/2008

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Filed 05/05/2008

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Dow's Log of Documents Withheld from Production on Grounds of Privilege in Civil Action 05-737
NO. PGS 301 1 DATE 2/1/2005 AUTHOR Johnson, Mark S; Kanuch, Bruce M RECIPIENT Hazlitt, Lonnie; Johnson, Mark S; Trybus, Steven R; Roper, Harry J CC DESCRIPTION REASON WITHHELD AC, WP

302

1

3/19/2004 Reichek, Ken

Hazlitt, Lonnie

303

1

9/16/2003 Williams, Allen

Johnson, Mark S; Reichek, Ken

E-mail correspondence regarding testing performed at the request of Jenner & Block in anticipation of litigation and reflecting attorneyclient communications with B. Kanuch, Esq. E-mail correspondence regarding WP testing performed at the request of in-house counsel in anticipation of litigation Report regarding testing performed WP at the request of in-house counsel in anticipation of litigation E-mail correspondence regarding WP testing performed at the request of in-house counsel in anticipation of litigation Report regarding testing performed WP at the request of in-house counsel in anticipation of litigation E-mail correspondence providing report regarding testing performed at the request of Jenner & Block in anticipation of litigation Presentation regarding testing performed at the request of Jenner & Block in anticipation of litigation E-mail correspondence providing report regarding testing performed at the request of in-house counsel in anticipation of litigation Testing performed at the request of in-house counsel in anticipation of litigation WP

304

1

3/19/2004 Reichek, Ken

Hazlitt, Lonnie

305

1

9/10/2003 Williams, Allen

Johnson, Mark S; Reichek, Ken

306

1

8/16/2005 Redwine, David

Hazlitt, Lonnie

307

21

8/16/2005 Zhou, Zhe

Hazlitt, Lonnie

WP

308

1

9/3/2003

Johnson, Mark S

Hazlitt, Lonnie

WP

309

1

7/24/2003 Nelson, Mike

Hazlitt, Lonnie

WP

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Filed 05/05/2008

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Dow's Log of Documents Withheld from Production on Grounds of Privilege in Civil Action 05-737
NO. PGS 310 2 DATE AUTHOR RECIPIENT CC DESCRIPTION E-mail correspondence providing agenda regarding testing performed a