Case 4:19-cv-07123-PJH Document 79-21 Filed 05/29/20 Page 1 of 3 1 2 3 4 5 6 JOSEPH P. MCMONIGLE, Bar No. 66811 JESSICA R. MACGREGOR, Bar No. 168777 LONG & LEVIT LLP 465 California Street, Suite 500 San Francisco, California 94104 Telephone: (415) 397-2222 Facsimile: (415) 397-6392 Email: jmcmonigle@longlevit.com jmacgregor@longlevit.com Specially Appearing For Third Party KING & SPALDING LLP 7 8 UNITED STATES DISTRICT COURT 9 NORTHERN DISTRICT OF CALIFORNIA 10 OAKLAND DIVISION 11 12 13 WHATSAPP INC., a Delaware corporation, and FACEBOOK, INC., a Delaware corporation, 14 Plaintiffs, 15 v. 16 NSO GROUP TECHNOLOGIES LIMITED and Q CYBER TECHNOLOGIES LIMITED, 17 18 Defendants. Case No. 4:19-cv-07123-PJH DECLARATION OF ROD J. ROSENSTEIN IN SUPPORT OF OPPOSITION TO WHATSAPP’S MOTION TO DISQUALIFY DEFENSE COUNSEL BASED ON PRIOR REPRESENTATION IN A SEALED MATTER Date: Time: Courtroom: Judge: June ___, 2020 9:00 a.m. 3, Third Floor Hon. Phyllis J. Hamilton 19 20 REDACTED VERSION OF DOCUMENT SOUGHT TO BE SEALED 21 22 23 24 25 26 27 28 LONG & LEVIT LLP 465 CALIFORNIA STREET, 5TH FLOOR SAN FRANCISCO, CALIFORNIA 94104 DECLARATION OF ROD J. ROSENSTEIN 4:19-cv-07123-PJH LONG LLP 465 CALIFORNIA STREET. 5TH FLOOR SAN FRANCISCO. 94104 Case Document 79-21 Filed 05/29/20 Page 2 of 3 JOSEPH P. MCMONIGLE, Bar No. 66811 JESSICA R. MACGREGOR, Bar No. 168777 LONG LEVIT LLP 465 California Street, Suite 500 San Francisco, California 94104 Telephone: (415) 397-2222 Facsimile: (415) 397-6392 Email: jmcmonigle@longlevitcom jmacgregor@longlevit.com Specially Appearing For Third Party KING SPALDING LLP UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA OAKLAND DIVISION WHATSAPP INC, a Delaware Case No. corporation, and FACEBOOK, INC, a Delaware corporation, DECLARATION OF ROD J. ROSEN STEIN IN SUPPORT OF OPPOSITION TO Plaintiffs, MOTION TO DISQUALIFY DEFENSE COUNSEL BASED ON PRIOR V. REPRESENTATION IN A SEALED MATTER NSO GROUP TECHNOLOGIES LIMITED and CYBER Date: June 2020 TECHNOLOGIES LIMITED, Time: 9:00 am. Courtroom: 3, Third Floor Defendants. Judge: Hon. J. Hamilton I, Rod J. Rosenstein, declare as follows: 1. I am a member of the bars of the District of Columbia, and Maryland. I am a partner in the law firm King Spalding LLP or the ?Firm?). 1 submit this declaration in support of Opposition to WhatsApp?s Motion to Disqualify Defense Counsel Based on Prior Representation. I am over 18 years old, and I have personal knowledge of the facts in this declaration. If called to testify, I could and would competently testify to these facts. 2. I joined as a partner on January 6, 2020, resident in its DC. of?ce. Prior to joining I served in the United States Department of Justice for 29 years, including DECLARATION OF ROD J. ROSENSTEIN 4: l9?cv-07123-PJH LONG 62 LEVIT LLP 465 CALIFORNIA STREET. 5TH FLOOR SAN FRANCISCO. CALIFORNIA 94104 Case Document 79-21 Filed 05/29/20 Page 3 of 3 as US. Attorney for the District of Maryland (2005 2017) and Deputy Attorney General (2017 2019). 3. I have counseled NSO about cyber and national security issues and assisted the defense team in the above-captioned action (the Litigation?). 4. It is my understanding that in 2015?2016, before ljoined K858, the Firm was not involved with the Sealed Matter. 6. 1 have never discussed the Sealed Matter with Mr. Wray at any time. 7. I have not accessed or reviewed any of tiles or emails from the Sealed Matter. 1 have been informed that I do not have access to any such materials from the Sealed Matter and instructed that I should not even attempt to access them. 1 have not had any discussions with Paul Mezzina or any other person about any con?dentiai information the Firm may have received in the Sealed Matter. and 1 have been instructed not to do so. I intend to follow these instructions. I declare under the penalty ofperjury that the foregoing is true and correct to the best of my knowledge and information. Executed this 28th day of May. 2020?, at Bethesda. Maryland. ROD J. STEIN 4818?1390?9181,v. '1 i r) DECLARATION OF ROD .1. 4: