IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
)
IN RE Ventus sorrwnne com ) Case Nr (WCV`83} (SLR)
sncnnrrtes LITIGATION ' S C°“S°hdat€d Amn
) JURY TRIAL DEMANDED
DECLARATION OF DAVID L. LANSKY, ESQ. IN SUPPORT OF DEFENI)AN'I‘S’
MEMORANDUM OF LAW IN SUPPORT OF THEIR
MOTION FOR SUMMARY JUDGMENT
Peter J. Walsh, Jr. (#2437)
Kenneth L. Dorsney (#3 726)
POTTER ANDERSON & CORROON LLP
OF COUNSEL: 1313 North Market Street, 6th Floor
Wilmington, Delaware 19899-0951
Nina F, Locker Tel: (302) 984-6OUU
peri Ni€1S€n [email protected]
Wilson Sonsini Goodrich & Rosati, PC
650 P M'1I R d
pak) gi; éalifecgiia 943044050 Attorneys for Defendants VERITAS Software
Tek; (6505 4939300 Corporation, Edwin J Gillis and Gary L. Bloom
Dated: September 19, 2007
819885 /29298
Case 1 :04-cv-00831-SLR Document 112 Filed O9/19/2007 Page 2 of 4 _
I, David L. Lansky, declare as follows:
1. I arn an attorney licensed to practice in the State of California and am Of Counsel
at the law firm of Wilson Sonsini Goodrich & Rosati P.C., counsel of record for defendants
VERITAS Software Corporation, Gary L. Bloorn, John Brigden and Ed Gillis. I submit this
Affidavit in Support of Det`endants’ Motion for Summary Judgment. I make this declaration
based on personal knowledge and if called and sworn as a witness could and would testify
competently thereto.
2. On September 25, 2006, I conducted a telephone interview of Carla L. Kidd.
During that conversation, Ms. Kidd told me the following: ·
a. Ms. Kidd was employed as an administrative assistant in VERlTAS’s
legal department from March 2000 until December 2002. Her responsibilities were to maintain
the contract files.
b. In 2005, Ms. Kidd was contacted by a man who identified himself as
working for a New York law firm. She was also contacted by a private detective. She spoke to
both of them about VERITAS.
c. Ms. Kidd believed that she was Confidential Witness e, based on the
allegations attributed to that witness in the Complaint, except Ms. Kidd left VERITAS in
December 2002. Ms. Kidd has no knowledge of VERlTAS’s practices in 2003.
d. Ms. Kidd was not involved in the revenue recognition process at
VERITAS and had no revenue recognition responsibilities. Ms. Kidd did not know how much
revenue VERITAS recognized on particular contracts or when such revenue was recognized.
She did not know if or when VERITAS recognized revenue on the contracts referenced in
Paragraph 41 (b) of the Complaint, and she could not identify any particular contracts from which
VERITAS recognized revenue improperly.
..3-
Drzcrnnarron or Davm L. LANSKY, Eso IN Surronr or DnrsNDANrs’ Mrzmonnnnum on Law IN
Surronr or Morrow son SUMMARY JUDGMENT
Case 1 :04-cv-00831-SLR Document 112 Filed O9/19/2007 Page 3 of 4
e. The Complaint avers that Confidential Witness #3 said: "The revenue
results for a quarter were determined before the quarter had ended, and the ‘fake’ contracts were
approved and recognized as revenue? Crnplt il 41(b). Ms. Kidd denied making this statement.
iz`. Ms. Kidd did not know what, if any, role John Brigden played in deciding
what revenue VERITAS would recognize on a contract or when the revenue would be
recognized. Ms. Kidd did not know if Mr. Brigden knew, when a contract was presented for his
signature, whether or not VERITAS would recognize revenue for that contract in the current
quarter.
I declare under penalty of perjury under the laws of the State of California that the
foregoing is true and correct.
Executed this 19* day of September, 2007 in Palo Alto, California.
/s/ David Lcmskg
David L. Lansky
Q:
DECLARATION or Dnvro L. LANSKY, Esq. IN Surronr or I)s1~*1·:Nr»ANrs’ MEMORANDUM or Law IN
_ SUPPORT OF THEIR MOTION FOR SUMMARY JUDGMENT
Case 1 :04-cv-00831-SLR Document 112 Filed O9/19/2007 Page 4 of 4
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
CERTIFICATE OF SERVICE
I, Kenneth L. Dorsney, hereby certify that on September 19, 2007, the attached document
was electronically tiled with the Clerk of the Court using CM/ECF which will send notification
to the registered attorney(s) of record that the document has been filed and is available for
viewing and downloading.
I hereby certify that on September 19, 2007, I have Electronically Mailed the document
to the following person(s):
Norman Monhait Christopher .1. Keller
Carmella P. Keener Ira A. Schochet
Rosenthal, Monhait & Goddess David J. Goldsmith
Mellon Bank Center, Suite 1401 Labaton Rudoff & Sucharow LLP
Wilmington, DE 19899-1070 100 Park Avenue
nmonl1ait(@nngg1aw.com New York, NY 10017
ckeener(@rmgglaw.com c1
dgo]dsmith§@,labat0n.com
Robert 1. Harwood Andrew M. Schatz
Jeffrey M. Norton Barbara F. Wolf
Harwood Feffer LLP Schatz Nobel Izard P.C.
488 Madison Avenue One Corporate Center
New York, NY 10022 20 Church St., Ste 1700
[email protected] Hartford, CT 06103
ino1·t0n@,hfesg.com aschat2@ snlawnet
[email protected]
By: /s/ Kenneth L. Dorsney
Peter J. Walsh, Jr. (#2437)
Kenneth L. Dorsney (#3726)
Hercules Plaza, 6m Floor
1313 N. Market Street
Wilntizrgtoh, Delaware 19899-0951
(302) 984~6000
pwalsh@_1gotteranderson.com
l
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