Free Declaration - District Court of Delaware - Delaware

Case 1 :04-cv-00831-SLR Document 109 Filed 09/19/2007 Page 1 of 4
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
)
IN RE VERITAS sotwwime CORP ) Case Nm 04`CV"83I (SLR)
· C 1`ci d A '
saoumtxes Lmcmtiow ) g Om 1 ec em
) JURY TRIAL DEMANDED
DECLARATION OF JOHN BRIGDEN, ESQ. 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
OP COUNSEL: 1313 North Market Street, 69 Floor
Wilmington, Deiaware }9899-0951
Ning F_ Lgckcr Tell (302) 984-6000
pm-i Nicgscn pwa1sh@;gottera11derso11.com
Wilson Sonsini Goodrich & Rosati, PC
650 P M'H R d
Palo éalifogiia 943044050 A1‘lO!"neySfOf‘ Defendants VERITAS Soffwclfe
TB]; (650; 493_g30O Corporation, Edwin JC Gillis and Gary L. Bloom
Dated: September 19, 2007
819838 / 29298

Case 1 :04-cv-00831-SLR Document 109 Filed O9/19/2007 Page 2 of 4
I, John Brigden, l-Esq., declare as follows:
l. I am currently employed at Symantec Corporation as Senior Vice President,
Europe, Middle East and Africa Geography. l make this affidavit based on personal knowledge
and, if called and sworn as a witness, could and would testify competently thereto.
2. From l\/lay 2001 until July 2005, l was employed as General Counsel of I
VERITAS Software Corporation (“VERl'l`AS" or the "Company”).
3. As General Counsel, I oversaw the legal department at VERITAS. The legal
department was responsible for, among other things, negotiating the legal terms and conditions,
reviewing and signing certain sales contracts. The finance department was responsible for
reviewing all sales contracts. Other parts of the organization, such as technical support,
engineering, and order services, were often involved in reviewing sales contracts before
execution, depending on the terms or conditions under negotiation.
4. It was the legal department’s practice to sign all sales contracts on behalf ofthe
Company. l, along with other attorneys in the legal departrnerit, would sign. The only criteria
for the legal department’s signing would be either that the contract contained standard terms or
conditions or, if not, that the contract had the required cross-departmental approvals. While
some sales contracts contained pricing terms, it was more common for sales contracts to contain
the general terms and conditions of the customer relationship and for follow—on purchase orders
to contain pricing terms. Purchase orders did not require the legal department’s signature and
were not processed by the legal department.
5. The Company preferred that a customer sign a sales contract first. At times,
however, the customers preferred the Company to sign tirst. Consequently, I, or another attorney
in the legal department, might have signed sales contracts before the contract would be routed to
a customer for iinal signature. Once fully executed, copies of each contract would be distributed
-1-
usernames or Joins BRIGDEN IN Surronr or DaFsN1>ANrs’ MEMORANDUM or LAW IN
Surronr or Morton Fon SUMMARY JUDGMENT

Case 1 :04-cv-00831-SLR Document 109 Filed 09/19/2007 Page 3 of 4 i
throughout the relevant organizations within the Company, including order services, finance and
records.
6. The legal department was not responsible for determining whether or when
revenue would be recognized from a contract. The finance department was responsible for
determining whether and when revenue would be recognized from a contract. l did not know
what revenue, if any, would be recognized on contracts I signed during a given quarter. I am
also unaware of any instance in which revenue was recognized from an unsigned contract (where .
a signature was required) or a contract lacking an essential term.
7. The Company employed Carla L. Kidd as an administrative assistant inthe legal
department from March 2000 until December 3, 2002. Attached as Exhibit A is a true and
correct copy of the tile showing Ms. Kidd’s termination date. Ms. Kidd’s job was clerical in
nature. She had no role in the contract review and approval process, no interaction with the S
finance department, and no insight into whether or what revenue was recognized from which
contract at any given time. I deny having had, in form or substance, the communication alleged
— in paragraph 41 (lo) of the Complaint.
I declare under penalty of perjury under the laws of the United States that the foregoing is
true and correct.
Executed this 19th day of September, 2007 in Reading, UK.
/s/ John Brigden
John Brigden
-2-
DECLARATION on J ours Bateman IN Sorronr or DEFENDANTS° Mnmonnnnuru or LAW IN
Strrronr on Morton non SUMMARY JUDGMENT

Case 1 :04-cv-00831-SLR Document 109 Filed 09/19/2007 Page 4 of 4
IN THE UNITED STATES DISTRXCT COURT
FOR THE DISTRICT OF DELAWARE
CERTIFICATE OF SERVICE .
I, Kenneth L. Dorsney, herehy certify that on September 19, 2007, the attached document
was electronically tiled with the Clerk of the Court using CM/ECT which will send notification
to the registered attorney(s) of record that the document has been tiled and is available for
viewing and downloading.
I hereby certify that on September 19, 2007, I have Electronically Mailed the document
to the foilowing person(s):
Noirnan Monhait Christopher .1. Keller
Carmella P. Keener Ira A. Schochet
Rosenthal, Monhait & Goddess David J. Goldsmith
Mellon Bank Center, Suite 1401 Labatori Rudoff & Sacharow LLP
Wilmington, DE 19899—1070 100 Park Avenue
[email protected] New York, NY 10017
ckeenerg@,nngglaw.com cke11er{@,1abaton.com
ischochet@,labaton.com
dgoldsinith(@,labaton.co1n
Robert I. 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
rharwood§@,hfesg.com Hartford, CT 06103
[email protected] [email protected]
bwo1t`@,snlaw.net
By: /s/Kenneth L. Dorsneg
Pter J. Walsh, Jr. (#2437)
Kenneth L. Dorsney (#3726)
Hercules Plaza, 6th Floor
1313 N. Market Street
Wilmington, Delaware 19899—0951
(302) 984·—6000
pwalsh@,_nottera11derson.con1
kdorsneyg@,p0tteranderson.con1
735071 /28298

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