Case 3:20-cv-03754-VC Document 211 Filed 11/29/22 Page 1 of 4
`
`PAUL HASTINGS LLP
`James M. Pearl (SB# 198481)
`jamespearl@paulhastings.com
`1999 Avenue of the Stars, 27th Floor
`Los Angeles, California 90067
`Telephone: 1(310) 620-5700
`Facsimile: 1(310) 620-5899
`
`Attorneys for Defendant Align Technology, Inc.
`
`Additional counsel on Signature Page
`
`UNITED STATES DISTRICT COURT
`
`NORTHERN DISTRICT OF CALIFORNIA
`
`SAN FRANCISCO DIVISION
`
`CASE NO. 3:20-CV-03754-VC
`ALIGN TECHNOLOGY INC.’S
`SUPPLEMENTAL SUBMISSION
`REGARDING PRIVILEGE (RE: ECF
`NO. 209)
`
`
`
`
`SIMON AND SIMON, PC d/b/a CITY SMILES
`and VIP DENTAL SPAS, individually and on
`behalf of all others similarly situated,
`
`
`
`Plaintiffs,
`
`vs.
`ALIGN TECHNOLOGY, INC.,
`
`
`
`Defendant.
`MISTY SNOW, individually and on behalf of
`others similarly situated,
`
`
`
`Plaintiff,
`
`vs.
`ALIGN TECHNOLOGY, INC.,
`
`
`
`Defendant.
`
`
`CASE NO. 3:21-cv-03269-VC
`
`
`Align submits the following further explanations regarding its privilege assertions,
`
`restates certain of its privilege assertions for ease of reference, and also submits the following
`
`documents in camera contemporaneously herewith pursuant to the Court’s order dated
`
`November 29, 2022. (ECF No. 209).
`Case No. 3:20-cv-03754-VC
`Case No. 3:21-cv-03269-VC
`
`
`
`
`
`ALIGN’S SUPP. SUBMISSION RE:
`PRIVILEGE
`
`
`
`PAUL HASTINGS LLP
`James M. Pearl (SB# 198481)
`jamespearl@paulhastings.com
`1999 Avenue of the Stars, 27th Floor
`Los Angeles, California 90067
`Telephone: 1(310) 620-5700
`Facsimile: 1(310) 620-5899
`
`Attorneys for Defendant Align Technology, Inc.
`
`Additional counsel on Signature Page
`
`UNITED STATES DISTRICT COURT
`
`NORTHERN DISTRICT OF CALIFORNIA
`
`SAN FRANCISCO DIVISION
`
`CASE NO. 3:20-CV-03754-VC
`ALIGN TECHNOLOGY INC.’S
`SUPPLEMENTAL SUBMISSION
`REGARDING PRIVILEGE (RE: ECF
`NO. 209)
`
`
`
`
`SIMON AND SIMON, PC d/b/a CITY SMILES
`and VIP DENTAL SPAS, individually and on
`behalf of all others similarly situated,
`
`
`
`Plaintiffs,
`
`vs.
`ALIGN TECHNOLOGY, INC.,
`
`
`
`Defendant.
`MISTY SNOW, individually and on behalf of
`others similarly situated,
`
`
`
`Plaintiff,
`
`vs.
`ALIGN TECHNOLOGY, INC.,
`
`
`
`Defendant.
`
`
`CASE NO. 3:21-cv-03269-VC
`
`
`Align submits the following further explanations regarding its privilege assertions,
`
`restates certain of its privilege assertions for ease of reference, and also submits the following
`
`documents in camera contemporaneously herewith pursuant to the Court’s order dated
`
`November 29, 2022. (ECF No. 209).
`Case No. 3:20-cv-03754-VC
`Case No. 3:21-cv-03269-VC
`
`
`
`
`
`ALIGN’S SUPP. SUBMISSION RE:
`PRIVILEGE
`
`
`
`Case 3:20-cv-03754-VC Document 211 Filed 11/29/22 Page 2 of 4
`
`A.
`
`ALIGN-PURCHPRIV00004599/ALIGN-PURCHPRIV00004559
`
`After conferring, the parties have identified miscommunications with respect to
`
`Plaintiffs’ challenges and documents -4599 and -4559. Plaintiffs are withdrawing any challenge
`
`to document -4599, and the parties will address Plaintiffs’ challenge to document -4559 in the
`
`next round of challenges by Plaintiffs.
`
`B.
`
`ALIGN-PURCHPRIV00005583
`
`A correctly-imaged document is being provided in camera herewith showing a request for
`
`review and comment by Shirley Stacy from, among others, in-house counsel at Align.
`
`Privilege ID
`ALIGN-
`PURCHPRIV00005583
`
`Reason for Privilege
`This document involves the Align investor relations and public
`relations team (including Ms. Henderson) soliciting advice from
`legal counsel regarding the form and substance of a letter to be sent
`to Align customers regarding the termination of interoperability.
`
`C.
`
`ALIGN-PURCHPRIV00007956
`
`A correctly-imaged document is being provided in camera herewith showing discussions
`
`over a potential contract that include Sarah Azulay, an in-house attorney at Align.
`
`Privilege ID
`ALIGN-
`PURCHPRIV00007956
`
`Reason for Privilege
`In this document, a team at Align, including an in-house lawyer,
`discuss Align’s requirements for a potential contract with another
`intraoral scanning company, and the leader of the team
`communicates with the in-house lawyer copied on the
`communications about updating the relevant draft contract to
`reflect the positions discussed by the team.
`
`D.
`
`ALIGN-PURCHPRIV00009620
`
`The attachment to the challenged document is being provided in camera herewith
`
`showing a draft white paper being worked on by a designated team that included legal oversight
`
`(as reflected in the parent email exchange). Align has produced final versions of the white paper
`
`in their entirety.
`
`Case No. 3:20-cv-03754-VC
`Case No. 3:21-cv-03269-VC
`
`
`
`2
`
`ALIGN’S SUPP. SUBMISSION RE:
`PRIVILEGE
`
`
`
`Case 3:20-cv-03754-VC Document 211 Filed 11/29/22 Page 3 of 4
`
`Privilege ID
`ALIGN-
`PURCHPRIV00009620
`
`
`
`Reason for Privilege
`This document reflects communication between a team at Align
`tasked with developing future initiatives for Align, which includes
`an in-house attorney who evaluates the potential future initiatives
`from a legal standpoint as they are presented in draft to company
`management. This exchange includes the assigned attorney for this
`project and is a signatory to the initial email in the exchange.
`
`DATED: November 29, 2022
`
`
`PAUL HASTINGS LLP
`By: /s/ James M. Pearl
`James M. Pearl
`
`
`James M. Pearl (SB# 198481)
`jamespearl@paulhastings.com
`1999 Avenue of the Stars, 27th Floor
`Los Angeles, CA 90067
`Telephone: 1(310) 620-5700
`Facsimile: 1(310) 620-5899
`
`Thomas A. Counts (SB# 148051)
`Abigail H. Wald (SB# 309110)
`tomcounts@paulhastings.com
`abigailwald@paulhastings.com
`101 California Street
`Forty-Eighth Floor
`San Francisco, CA 94111
`Telephone: 1(415) 856-7000
`Facsimile: 1(415) 856-7100
`
`Adam M. Reich (SB# 274235)
`Michael C. Whalen (pro hac vice)
`adamreich@paulhastings.com
`michaelcwhalen@paulhastings.com
`71 South Wacker Drive, 45th Floor
`Chicago, Illinois 60606
`Telephone: 1(312) 499-6000
`Facsimile: 1(312) 499-6100
`
`Michael F. Murray (pro hac vice)
`Noah Pinegar (pro hac vice)
`michaelmurray@paulhastings.com
`noahpinegar@paulhastings.com
`2050 M Street, N.W.
`Washington, DC 20036
`Telephone: 1(202) 551-1700
`Facsimile: 1(202) 551-1705
`
`Case No. 3:20-cv-03754-VC
`Case No. 3:21-cv-03269-VC
`
`
`
`3
`
`ALIGN’S SUPP. SUBMISSION RE:
`PRIVILEGE
`
`
`
`Case 3:20-cv-03754-VC Document 211 Filed 11/29/22 Page 4 of 4
`
`
`
`
`Attorneys for Defendant
`Align Technology, Inc.
`
`
`Case No. 3:20-cv-03754-VC
`Case No. 3:21-cv-03269-VC
`
`
`
`4
`
`ALIGN’S SUPP. SUBMISSION RE:
`PRIVILEGE
`
`
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