Case 4:19-cv-07123-PJH Document 59-11 Filed 04/29/20 Page 1 of 4 EXHIBIT A LEBLANC DECLARATION REDACTED VERSION OF DOCUMENT SOUGHT TO BE SEALED Case Document 59-11 Filed 04/29/20 Page 2 of 4 From: LeBlanc, Travis Sent: Wednesday, March 18, 2020 11:57 AM To: bthornton@kslaw.com; pmezzina@kslaw.com; Akrotirianakis, Joe; Craig, Aaron Cc: Rhodes, Michael; Grooms, Daniel Subject: WhatsApp, et al. v. NSO Group, et al. Attachments: T. LeBlanc letter to King 81 Spalding.pdf Dear Messrs. Thornton, Mezzina, Akrotirianakis and Craig: Please see the attached correspondence. Very truly yours, Travis LeBlanc Partner Cooley LLP 1299 Avenue, NW, Suite 700 (enter from 12th and Streets) Washington, DC 20004?2400 +1 202 728 7018 of?ce dc +1 415 693 2178 of?ce sf +1 202 842 7899 fax tleblanc@cooley.com Cooley . . LinkedIn . Cooley is one of Fortune?s 100 Best Companies to Work For Cooley GO Start and build your business Case Document 59-11 Filed 04/29/20 Page 3 of 4 Cooley Travis LeBIanc Via email +1 415 693 2178 Highly Con?dential: AEO?Outside Counsel Only +1 202 728 7018 Subject to -Sealing Order tleblanc@cooley.com March 18, 2020 M. Robert Thornton King Spalding LLP 1180 Peachtree Street, NE Suite 1600 Atlanta, GA 30309 Paul Mezzina King Spalding LLP 1700 Avenue, NW Second Floor Washington, DC 20006 Joseph N. Akrotirianakis Aaron Craig King Spalding LLP 633 West Fifth Street Suite 1600 Los Angeles, CA 90071 Re: WhatsApp Inc. and Facebook Inc. v. NSO Group Technologies Limited and Cyber Technologies Limited, No. (N.D. Cal.) Dear Messrs. Thornton, Mezzina, Akrotirianakis, and Craig: We have been made aware that from 2015 to the resent, King Spalding LLP represented WhatsApp Inc. in a sealed matter?. It is our understanding that Paul Mezzina, along with other firm personne Inc mg ormer Ing pa mg attorneys Christopher Wray, Cathy O?Neill, and Nick Oldham, participated in this representation. We understand that Kin aldin ?5 re resentation of WhatsA in this sealed matter involves, We have con?rmed with the that the matter for which WhatsApp retained Ing pa Ing remains un er sea. ccordingly, King Spalding?s simultaneous representation of WhatsApp as we as Group and Cyber Technologies creates a con?ict requiring the ?rm?s withdrawal from this case pursuant to California Rule of Professional Conduct 1.7. As you are aware, lawyer shall not represent a client if the representation involves a Cooley LLP 101 California Street 51h Floor San Francisco, CA 94111-5800 1: (415)6932000 f: (415)693-2222 cooley.com Case Document 59-11 Filed 04/29/20 Page 4 of 4 Cooley M. Robert Thornton, Paul Mezzina, Highly Con?dential: AEO Outside Counsel Only Joseph N. Akrotirianakis, and Aaron Craig Subject to _Sealing Order March 18, 2020 Page Two concurrent con?ict of interest," which includes situations where ?the representation of one client will be directly adverse to another client.? Cal. R. Prof. Conduct ?[T]he California Supreme Court has made clear that, with few exceptions, there is a per se rule requiring disquali?cation of any attorney or a law ?rm where there is a con?ict of interest based upon concurrent representation of multiple clients.? M?Guiness v. Johnson, 243 Cal. App. 4th 602, 625 (2015). Furthermore, even if you contend that the firm?s representation of WhatsApp has ended, your representation of the defendants in this litigation wou con ravene a I ornla ro essional Conduct 1.9 because you have not sought consent from WhatsApp. As you know, lawyer who has formerly represented a client in a matter shall not thereafter represent another person in the same or a substantially related matter in which that person's interests are materially adverse to the interests of the former client unless the former client gives informed written consent.? Cal. R. Prof. Conduct Moreover, a ?lawyer shall not reveal information protected from the client gives informed consent,? Cal. R. Prof. Conduct because it is the lawyer?s duty maintain inviolate the confidence, and at every peril to himself or herself to preserve the secrets, of his or her client." See Jessen v. Hartford Casualty Ins. Co., 111 Cal. App. 4th 698, 709 (Cal. App. 2003). Additionally, under the California Rules of Professional Conduct, a con?ict exists where an attorney received the former client?s con?dential information in a prior representation and the lawyer would be expected to use or disclose that information in the subsequent representation because it is material to the subsequent representation. CRPC 1.9 3. A lawyer?s conflict is imputed to his or her entire ?rm as well. See Cal. R. Prof. Conduct 1.10(a) (prohibits a firm from representing ?a client when any one [attorney] practicing alone would be prohibited from doing see also Reading lnt?l, Inc. v. Ma/u/ani Grp., Ltd., 814 F.3d 1046, 1053 (9th Cir. 2016) (attorney?s conflict that arose from his work for a former client at a prior ?rm on a substantially related case was imputed to new ?rm and barred entire ?rm from representation under ABA Model Rule 1.10). Accordingly, Kin aldin is re uired to withdraw under the applicable rules of professional conduct. The ma?erw and the NSC Group litigation in the above-captioned case involve subs an la Simiar con I en la and technical issues. Further, Kin aldin received con?dential information in the course of its representation of WhatsApp in& - that is material to the issues in the instant litigation. Given this con?ict, we demand that the firm withdraw from any further representation of the defendants in this matter and that the ?rm not reveal to the defendants any con?dential information it obtained from its representation of WhatsApp in the sealed matter, including the contents of this letter. Further, please immediately return WhatsApp?s documents and case ?le. Finally, please con?rm in writing when all the above steps have been taken. Given the immediacy of other matters in this litigation, we ask that you respond to us not later than March 19, 2020 at noon Paci?c Time. Thank you. Sincerely, JWW Travis LeBlanc Cooley LLP 101 California Street 5th Floor San Francisco, CA 94111-5800 t: (415) 693-2000 1: (415) 693-2222 cooley.com