Case 1:23-cv-00758-JLH-SRF Document 142-1 Filed 09/11/24 Page 1 of 3 PageID #: 3240
`Case 1:23-cv-00758-JLH-SRF Document 142-1 Filed 09/11/24 Page 1 of 3 PagelD #: 3240
`
`EXHIBIT 1
`
` EXHIBIT 1
`
`

`

`Case 1:23-cv-00758-JLH-SRF Document 142-1 Filed 09/11/24 Page 2 of 3 PageID #: 3241
`
`Prasad, Praatika
`
`From:
`Sent:
`To:
`
`Cc:
`Subject:
`
`Lacey, Catherine
`Tuesday, September 3, 2024 2:28 AM
`Krissy.McKenna@lw.com; WSGR - Orca Wiz; Farnan@RLF.com; Cottrell@RLF.com;
`haynes@rlf.com
`orcasecuritywiz.lwteam@lw.com; RSmith@morrisnichols.com; JBlumenfeld@MNAT.com
`RE: Orca v. Wiz | Wiz Deficient ESI Production
`
`Krissy,
`
`
`Your holiday-weekend email and insistence on a response in advance of the par(cid:415)es’ briefing for the hearing is not well
`taken given that this email is the first (cid:415)me Orca has raised the alleged issues therein, Orca has not complied with the
`procedures to raise a dispute on these issues to the Court in any respect (see D.I. 33 ¶ 7(g)), and the Court has
`repeatedly stated there are “too many disputes” already raised for the upcoming hearing. D.I. 130; see also D.I. 123. To
`be clear, Wiz substan(cid:415)ally completed its review and produc(cid:415)on of custodial ESI in response to Orca’s Priority Requests
`by Friday pursuant to paragraph 3.a.(iv) of the S(cid:415)pula(cid:415)on and Order Regarding Discovery of Electronically Stored
`Informa(cid:415)on and subsequent modifica(cid:415)ons of that deadline. See D.I. 106. First, the numbers in your email were
`provided for all of Orca’s terms in the Priority Requests, including the disputed term that was one of the many disputes
`Orca elected to raise with the Court, and which made up a significant por(cid:415)on of the hit counts. Second, as both par(cid:415)es
`indicated they would do in the meet and confers regarding the Priority Requests, Wiz has been reviewing the hits and
`families for responsiveness and privilege, and many were not responsive and/or privileged, which is not surprising given
`the overbreadth of Orca’s terms. See also Fed. R. Civ. P. 26(b)(1). Wiz is also con(cid:415)nuing to review a subset of
`documents that were flagged for further privilege review and expects to make addi(cid:415)onal produc(cid:415)ons in response to
`Orca’s Priority Requests, but these are a small minority of the documents from the overall hit counts. We trust this
`addresses the concerns raised in your email.
`
`
`Regards,
`Caty
`
`From: Krissy.McKenna@lw.com <Krissy.McKenna@lw.com>
`Sent: Sunday, September 1, 2024 5:03 AM
`To: Lacey, Catherine <clacey@wsgr.com>; WSGR - Orca Wiz <WSGR-Orca-Wiz@wsgr.com>; Farnan@RLF.com;
`Cottrell@RLF.com; haynes@rlf.com
`Cc: orcasecuritywiz.lwteam@lw.com; RSmith@morrisnichols.com; JBlumenfeld@MNAT.com
`Subject: Orca v. Wiz | Wiz Deficient ESI Production
`
`EXT - krissy.mckenna@lw.com
`
`
`Caty,
`
`
`We write regarding Wiz’s deficient ESI produc(cid:415)on served on August 30, 2024. Orca’s search terms hit on nearly 150,000
`documents. See C. Lacey July 17, 2024 emails (providing deduped hit counts of 110,171 O365 documents and 38,568
`slack documents). Wiz was required to substan(cid:415)ally complete produc(cid:415)on of non-privileged documents from that set by
`August 30. D.I. 106. But on August 30 Wiz produced under 25,000 documents—roughly 16% percent of the document
`set. This is nowhere close to substan(cid:415)ally complete. Please explain why Wiz failed to comply with the Court’s s(cid:415)pulated
`ESI Order, and explain the status of Wiz’s remaining produc(cid:415)on, by 9am on September 3 so that we can consider
`your response in advance of Orca submi(cid:427)ng its le(cid:425)er to the Court.
`
`
`1
`
`

`

`Case 1:23-cv-00758-JLH-SRF Document 142-1 Filed 09/11/24 Page 3 of 3 PageID #: 3242
`
`Best,
`Krissy
`
`Kristina (Krissy) McKenna
`
`
`LATHAM & WATKINS LLP
`200 Clarendon Street
`Boston, MA 02116
`Direct Dial: +1.617.880.4626
`Email: krissy.mckenna@lw.com
`https://www.lw.com
`
`
`_________________________________
`
`This email may contain material that is confidential, privileged and/or attorney work product for the sole use of the
`intended recipient. Any review, disclosure, reliance or distribution by others or forwarding without express permission
`is strictly prohibited. If you are not the intended recipient, please contact the sender and delete all copies including any
`attachments.
`
`Latham & Watkins LLP or any of its affiliates may monitor electronic communications sent or received by our networks
`in order to protect our business and verify compliance with our policies and relevant legal requirements. Any personal
`information contained or referred to within this electronic communication will be processed in accordance with the
`firm's privacy notices and Global Privacy Standards available at www.lw.com.
`
`2
`
`