IN THE UNITED STATES DISTRICT COURT .
FOR THE DISTRICT OF DELAWARE `
}
IN RE vamras sorrwmcz com ) Cm NO; 04`CV"831 (SLR)
- I'd `
saoomrtas LITIGATION g Corr 1 md Amm
) JURY TRIAL DEMANDED
DECLARATION OF EDWIN GILLIS IN SUPPORT OF DEFENDANTS’
MEMORANDUM OF LAW IN SUPPORT OF THEIR
MOTION FOR SUMMARY JUDGMENT
Peter J. Walsh, Jr. (#2437)
Kenneth L. Dorsney (#3726)
POTTER ANDERSON & CORROON LLP
OF COUNSEL: 1313 North Market Street, 6th Floor
Wilmington, Delaware 19899-0951
Ning F_ Locker TGIZ (302) 984-6000
pcri Ni€lS€n [email protected]
wagon sonqint oaadeaq & Regan, rc
ggopggi I\g1£i@(:1§a 94304_105O Attorneys for Dekndants VERITAS Software
Tex; (6505 4933300 Corporation, Edwin J Gillis and Gary L. Bloom
Dated: SeptemDer 19, 2007
819828 M 29298
Case 1 :04-cv-00831-SLR Document 111 Filed O9/19/2007 Page 2 of 4
I, Edwin Gillis, deciare as follows:
I. I was the Chief Financial Officer at VERITAS Software Corporation (the
"Company") from November 2002 to December 31, 2005. I have personal knowledge ofthe
facts set forth herein and, if called as a witness, would testify competently thereto.
2. As the Chief Financial Officer for the Company, I oversaw the iinance
department. The finance department was responsibie for reviewing all sales orders for validity.
This review included reiated documentation, such as purchase orders, correspondence, shipping
materials, license keys and other materials. The finance department was responsible for
determining whether an order satisfied the criteria for revenue recognition and, if so, when and
how much revenue would be recognized from a contract.
3. The process provided that, if a sales contract required a customer’s signature but
did not have one, the shipment would be placed on automatic hold. I am not aware of any
instance in which the process was not followed. In particular, I am not aware of any instance
where the Company recognized revenue on a contract that was unsigned (but required a
signature) or lacked an essential term.
4. KPMG, the Company’s external auditor, reviewed all contracts over $250,000
and tested a sample of contracts under $250,000 as part of its annual audit and quarterly review
procedures. I do not recall KPl\rIG’s ever having brought to my attention any instance where the
Company recognized revenue on a contract that was unsigned (but required a signature) or
iacked an essential term.
5. I have read the allegations contained in paragraph 4l(c) ofthe Complaint that
"sales personnel would ‘all the time’ write up and process contracts without essential terms and
customer signatures, in order to meet revenue targets and ‘bolster the nurnbers."’ Employees in
the Company’s sales department did not process orders for revenue recognition purposes. They
-1 -
Dscrnnarron or Enwnv Gurus nz Surronrr or DEFENDAN'{‘S’ Minvronrmnrim or LAW IN Surronr
OF Morrow FOR SUMMARY JUDGMENT
Case 1 :04-cv-00831-SLR Document 111 Filed O9/19/2007 Page 3 of 4 ‘
had no role in the contract review and approval process and would have had no insight into
whether or what revenue was recognized from which order at any given time.
I declare under penalty of perj ury under the laws ofthe State of California that the
foregoing is true and correct.
Executed this 19th day of September, 2007, in Hingham, Massachusetts.
/s/Edwin Gillis
Edwin Gillis
-2-
DecLA1zArIoN or EDWIN Grams IN Surroarr or DEFENDANTS’ MEMORANDUM os LAW IN SUPPORT
oar Morton: Fon SUMMARY JUDGMENT
Case 1 :04-cv-00831-SLR Document 111 Filed O9/19/2007 Page 4 of 4 _
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE .
CERTIFICATE OF SERVICE
1, Kenneth L. Dorsney, hereby certify that on September 19, 2007, the attached document
was electronically filed with the Clerk ofthe 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 Maiied the document
to the following person(s):
Norman Monheit Christopher J. Keller
Cannella P. Keener Ira A. Schochet
Rosenthal, Monhait & Goddess David J. Goldsmith
Mellon Bank Center, Suite 1401 Labaton Rudoff & Sucharow LLP
Wilmington, DE 198994070 100 Park Avenue
[email protected] New York, NY 10017
c1
[email protected]
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
;`[email protected] [email protected]
[email protected]
By: /s/ Kenneth L. Dorsrzeig
Peter J. Walsh, Ir. (#2437)
Kenneth L. Dorsney (#3726)
Hercules Plaza, 6*}* Floor
1313 N. Market Street
Wilmington, Deiaware 19899-0951
(302) 984—6000
[email protected]
[email protected]
735011 /28298
Case 1:04-cv-00831-SLR
Document 111
Filed 09/19/2007
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