EXHIBIT 7 Part 6 of 9 - KCC Class Actionclassaction.kccllc.net/Documents/NWD0001/576-12 - Benz...07/09/13 SFB PAYEE: Clerk, DC Court of Appeals; REQUEST#: 67272; DATE: 7/9/2013. S

EXHIBIT 7 Part 6 of 9

Case 1:13-cv-06802-WHP Document 576-12 Filed 07/13/16 Page 1 of 605

SC JohnsonHenkel/Dial, et al. v. News America

August 1, 2014Invoice # 2008217379

Kyle W. Chow 8.00 100.00 $ 800.00Ripton A. MariniAndrew J. Clarke

6.0024.75

85.00 S75.00 S

510.001,856.25


News America July 31, 2013 Invoice # 2008214015

Page 3

Professional Services

Hours 07/01/13 SFB Telephone call with D. Goldman

(Paul Hastings) regarding News case.

0.75

07/01/13 JTF Cite-check memorandum. 3.75 07/02/13 SFB Conferences with D. Goldman, M.

Kellogg, and S. Berry regarding co-counsel agreement and funding.

0.50

07/03/13 SFB Conference with D. Goldman (Paul

Hastings) regarding co-counsel agreement; send different contracts and monopolization affects briefing to P. Goldman.

1.00

07/03/13 JMP Discuss status of co-counsel

participation with S. Benz; search IWOV for retention agreement with Foster Farms; telephone call with J. Firmage to discuss status of cite-checking project.

0.50

07/03/13 JTF Cite-check and red-line memorandum

to ensure the statements reflect the proper context of the argument.

5.25

07/06/13 JMP Review and respond to e-mail from

co-counsel regarding relation back research.

0.25

07/07/13 SFB Conferences with co-counsel

regarding Third Amended Complaint; review and sign Eastern District of Michigan application for admission; conferences with clients regarding interrogatory responses; edit same.

1.00

07/07/13 JMP Review e-mails from co-counsel

regarding interrogatory responses. 0.25

07/08/13 SFB Review and comment on

interrogatory responses; conferences with clients, C. Signorello (Henkel) regarding same; conference with S. Berry

1.00



Page 4

regarding experts; revise co-counsel agreement; conference with co-counsel, M. Kellogg, and D. Goldman (Paul Hastings) regarding same and post divestiture assumption of News litigation liability.

07/08/13 JMP Research relation back and tolling

agreement issues; review e-mails regarding possible expert witness interview.

4.50

07/08/13 JTF Transfer citations from Summary of

Evidence memorandum to the Case Evaluation memorandum.

3.00

07/09/13 SFB Finalize co-counsel agreement;

conferences with S. Berry and D. Goldman; prepare Eastern District of Michigan admission forms; provide Heinz damages analysis to Paul Hastings.

0.75

07/09/13 JMP Research relation back, tolling

agreement, and other issues; draft e-mail memorandum with results of research; review J. Firmage’s redlines to case evaluation memorandum and revise memorandum accordingly; telephone call with J. Firmage to discuss redlines.

6.75

07/09/13 JTF Transfer citations to the new

memorandum; meeting with J. Presant; cite-check the new version of the memorandum.

3.50

07/10/13 SFB Finalize co-counsel agreement;

conference with D. Goldman (Paul Hastings) regarding same.

0.50

07/10/13 JMP Research relation back and tolling

agreement issues; review tolling agreement and other correspondence; draft e-mail memorandum with results of research and analysis of relation back issues and send to S. Berry and S. Benz.

5.75



Page 5

07/10/13 JTF Consolidate memorandum with J. Presant; cite-check percentage values throughout the memorandum.

6.00

07/11/13 SFB Research class relation back

issue; conferences with S. Berry and J. Presant regarding same; conference with D. Goldman (Paul Hastings).

1.00

07/11/13 JMP Respond to e-mail from S. Benz

regarding prospective co-counsel’s question related to the liability of the parent corporations; research issues related to the liability of a parent corporation in the Second and Sixth Circuits.

2.75

07/12/13 SFB Conference with J. Presant

regarding News Corporation plaintiffs, necessity for alter ego, and piercing corporate.

0.25

07/12/13 JMP Review transcripts from Valassis

state matter, including J. Mackie-Mason direct examination, and fill in missing cites in case evaluation memorandum; discuss co-counsel question regarding parent company liability with S. Benz.

6.00

07/15/13 SFB Meet with S. Berry, A. Gerchen, A.

Keller, and T. Lenkner; conference with D. Goldman and M. Cohen (Paul Hastings) regarding co-counsel agreement.

1.00

07/15/13 JMP Review and respond to e-mail from

J. Firmage regarding case evaluation memorandum.

0.25

07/15/13 JTF Consolidate memoranda and cite-

check. 4.00

07/16/13 SFB Review and circulate News motion

to supplement record with new evidence; conference with S. Berry.

0.50

07/16/13 JMP Discuss status of case evaluation

memorandum cite check with J. 0.75



Page 6

Firmage; review News’s motion to supplement the record; coordinate with K. McGee to prepare sponsorship form for admission of S. Benz to the Eastern District of Michigan.

07/16/13 JTF Cite-check memorandum on expert

testimony. 6.50

07/17/13 SFB Conferences with D. Goldman and S.

Berry regarding co-counsel agreement; conference with E. Feinstein regarding News Notice of Motion to Supplement Record with Newly Discovered Evidence; conference with J. Southwick (Susman Godfrey).

1.00

07/17/13 JTF Cite-check memorandum for examples

of punitive and predatory pricing. 5.00

07/18/13 JTF Cite-check for the ISM market

definition and the FSI market share.

3.00


regarding edits to counsel agreement; check docket filings.

1.00

07/19/13 JTF Review and edit memorandum. 3.00 07/20/13 SFB Conferences with J. Southwick, D.

Goldman, and S. Berry regarding revisions to co-counsel agreement; review S. Berry final edits.

1.00

07/22/13 SFB Review and circulate J. Southwick

and Susman Godfrey LLP edits to co-counsel agreement.

0.25

07/23/13 SFB Conferences with M. Cohen, S.

Berry, and D. Goldman regarding revisions to co-counsel agreement.

0.50

07/24/13 SFB Conferences with D. Goldman, S.

Berry, and M. Kellogg regarding final edits to co-counsel agreement.

0.50

07/25/13 SFB Conferences with J. Southwick, L. 1.00



Page 7

LeClair, and S. Berry regarding co-counsel agreement; review third complaint; send co-counsel agreement and third amended complaint to C. Signorello (Henkel Dial).

07/26/13 SFB Conference with co-counsel

regarding client call; review and circulate plaintiffs' opposition to defendants' motion to supplement the record with newly discovered evidence.

0.75


regarding discovery plan. 0.25

07/30/13 SFB Conference with HP Hood and

Spectrum Brands regarding co-counsel agreement approval; conference with J. O'Brien and Dial to prepare discovery responses.

0.50

07/31/13 SFB Review and circulate reply

memorandum in further support of defendants' motion to supplement the record with newly discovered evidence.

0.25

For Professional Services 86.00 $27,135.00

Additional Charges 07/01/13 BMM PACER Inv.:04/01/2013-06/30/2013 $ 37.9007/03/13 SFB Long Distance $ 0.0007/08/13 JMP WESTLAW --PRESANT JUSTIN $ 25.7107/09/13 SFB PAYEE: Clerk, DC Court of Appeals;

REQUEST#: 67272; DATE: 7/9/2013. S Benz certificate of good standing fee

$ 5.00

07/09/13 KCM Federal Express Inv. #2-333-59548:DC Court of Appeals

$ 17.33

07/09/13 JMP WESTLAW --PRESANT JUSTIN $ 31.1307/09/13 KCM Federal Express Inv. #2-333-59548:DC

Court of Appeals $ 17.33

07/10/13 JMP WESTLAW --PRESANT JUSTIN $ 17.3207/31/13 SFB PAYEE: Clerk, U.S. District Court;

REQUEST#: 67461; DATE: 8/12/2013. S Benz ED Michigan Admission Application Fee

$ 226.00

Total Costs $ 377.72



Page 8

Net Amount Due $ 27,512.72

Timekeeper Summary Name______ Hours__ Rate__ Amount____ Steven F. Benz 15.25 800.00 $ 12,200.00Justin M. Presant 27.75 360.00 $ 9,990.00J. Tyler Firmage 43.00 115.00 $ 4,945.00


Kellogg, Huber, Hansen, Todd, Evans & Figel, p.l.l.c. Sumner Square

1615 M Street, N.W Suite 400

Washington, D.C. 20036-3215

(202)326-7900 Facsimile

(202)326-7999

September 13, 2013

Management Committee c/o Steve Berry Berry Law PLLC 1717 Pennsylvania Ave NW Washington, DC 20006

Re: Henkel/Dial, et al. v. News America (Matter #: 12137)

Dear Management Committee:

Enclosed is the bill for our work regarding the above referenced matter for the month ended August 31, 2013. The total bill comes to $88,415.43, including $86,665.00 for lawyer and paralegal time and $1,750.43 for disbursements.

Please give me a call if you have any questions.

Sincerely, Steven F. Benz

Enclosure


Kellogg, Huber, Hansen, Todd, Evans & Figel, p.l.l.c

August 31, 2013 Invoice # 2008214233

EIN 52-1811709

Page 2

Re: Henkel/Dial, et al. v. News America (12137)

For Professional Services rendered through August 31, 2013

Timekeeper______ Hours____ Rate___ Amount______Steven F. Benz 44.75 800.00 $ 35,800.00Justin M. Presant 133.50 360.00 $ 48,060.00Bernadette M. Murphy 0.25 245.00 $ 61.25Darlene Hayes 6.25 220.00 $ 1,375.00Sachin Bhatia 0.58 125.00 $ 72.50James Brennan 15.25 85.00 $ 1,296.25 Total Professional Services $ 86,665.00

Disbursements Airfare $ 982.60Business Meals $ 31.83Court Fees (Non-Carried Expenses) $ 62.00Delivery $ 165.22Long Distance $ 0.72Online Research $ 219.43Parking $ 22.00Photocopies $ 119.52Postage $ 23.16Taxi Cab $ 123.95 Total Disbursements $ 1,750.43



News America August 31, 2013 Invoice # 2008214233

Page 3


Hours 08/01/13 SFB Review third amended complaint for

final changes; conferences with co-counsel.

0.50

08/02/13 SFB Further edits to third amended

complaint; conferences with co-counsel; conference with J. Presant and S. Berry regarding motion to dismiss Southern District of New York action; library research regarding same, forum shopping, and procedural fencing; circulate defendant's further reply in support of motion to supplement the record.

2.75

08/02/13 JMP Review and respond to e-mails

regarding meeting in Dallas, Texas on August 6; schedule travel to Dallas, Texas with E. Feinstein.

1.25

08/03/13 JMP Review and respond to e-mails

accumulated during vacation. 0.50

08/05/13 SFB Conference with L. LeClair, D.

Goldman, S. Berry, and clients (Bob Evans) regarding approval for class representative status; review News divestiture materials and co-counsel meeting agenda; conference with News counsel (J. O'Brien) regarding search terms and e-discovery protocol.

1.00

08/05/13 JMP Review filings, e-mails, and other

documents accumulated during vacation; research declaratory judgment case law in Second Circuit; review filings in declaratory judgment action; prepare for meeting with co-counsel on August 6 by reviewing agenda and related documents.

4.00

08/06/13 SFB Meet and conference with J.

Southwick, L. LeClair, D. Goldman, S. Berry, and J. Presant regarding case management and amended

3.00



Page 4

complaint; conference with clients (Henkel-Dial) regarding class representative status approval.

08/06/13 JMP Travel to and from Dallas, Texas

for management committee meeting; attend management committee meeting at offices of McKool Smith.

17.50

08/07/13 SFB Review and circulate Whirland

(Sixth Circuit) class certification decision and annotations; conferences with co-counsel.

0.50

08/07/13 JMP Research declaratory judgment case

law in the Second Circuit; draft motion to dismiss; research relevant time period for monopolizing acts; draft e-mail to co-counsel with results of research regarding relevant time period for monopolizing acts; send, review, and respond to e-mails from co-counsel regarding various case preparation issues.

7.00

08/08/13 SFB Conference with S. Berry and B.

Conyngham regarding document hosting and client contracts; review loaded CPG contracts.

2.00

08/08/13 JMP Review discovery documents and

correspondence; research Second Circuit declaratory judgment case law; draft motion to dismiss; send, review, and respond to e-mails from co-counsel regarding various case preparation issues.

7.25

08/08/13 BMM Meet with D. Hayes; exchange e-

mail with J. Presant. 0.25

08/08/13 JPB Scan Campbell Soup, Dial Corp,

Farmland Foods, Heinz Company, Johnson, Schwan, and Smithfield Foods contracts.

4.00

08/09/13 SFB Conference with J. Presant

regarding breach of contract 3.00



Page 5

counterclaims and library research regarding same; conferences with S. Berry and J. Presant revisions to amended complaint and next steps in discovery; review additional bad acts memorandum; review uploaded contracts; update calendar; check docket filings; review draft motion to dismiss.

08/09/13 JMP Draft motion to dismiss the

declaratory judgment action; confer with S. Benz regarding issues discussed at management committee meeting; revise and send e-mail to co-counsel with results of research regarding relevant time period for monopolizing acts; draft and send e-mail to S. Benz and co-counsel regarding strategy for addressing breach-of-contract claims in motion to dismiss; review and respond to e-mails from co-counsel regarding various case preparation issues.

5.50

08/11/13 JMP Review e-mails between co-counsel

regarding revisions to the draft third amended complaint.

0.25

08/12/13 SFB Conference with S. Berry and co-

counsel regarding Dial agreement to common class strategy; conference with D. Shaw and M. Cohen (Paul Hastings) regarding Heinz as class representative; review memorandum regarding comprehensive waivers; review HP Hood and Spectrum contracts; conference with S. Hudson (Associate Director of Heinz) regarding class participation; meet and confer scheduling with J. O'Brien.

3.00

08/12/13 JMP Draft motion to dismiss; research

Second Circuit case law addressing procedural fencing; review J. Firmage’s comments and edits to the case evaluation memorandum and revise the same accordingly;

5.50



Page 6

review e-mail correspondence regarding scheduling meet-and-confer with opposing counsel; send, review, and respond to e-mails from co-counsel regarding various case preparation issues.

08/13/13 SFB Review and edit redlines amended

complaint; conference with S. Hudson (Heinz) regarding common class strategy; weekly team call; review edits to third amended complaint; conference with F. Greenfield (Campbell's Soup) regarding class representative participation; review draft S.D.N.Y. motion to dismiss.

3.00

08/13/13 JMP Revise draft of motion to dismiss;

e-mail S. Berry regarding the same; research supplemental jurisdiction case law in the Second Circuit; telephone call with co-counsel regarding amending complaint and other case preparation issues; coordinate distribution of client contracts to co-counsel; send, review, and respond to e-mails from co-counsel regarding various case preparation issues.

7.00

08/14/13 SFB Prepare S.D.N.Y. pro hac vice

motions; conferences with J. Presant; edit motion to dismiss; conference with co-counsel regarding News breach of contract claims; conferences with co-counsel regarding motions to dismiss and pro hac vices in S.D.N.Y.; review and comment on Third Amended Complaint; conflicts check.

1.00

08/14/13 JMP Review draft third amended

complaint; draft and revise motion to dismiss; research Second Circuit case law regarding supplemental jurisdiction; send, review, and respond to e-mails regarding various case preparation

7.25



Page 7

issues; coordinate preparation of co-counsel e-mail distribution list.

08/15/13 SFB Conference with J. Southwick

regarding amended complaint; review third amended complaint edits; set up meet and confer with J. O'Brien; conference with K. Gallo regarding opposition to amended complaint filing.

1.50

08/15/13 JMP Revise motion to dismiss; research

procedure for attaining supplemental relief in a declaratory judgment action; telephone call with S. Musallam (Paul Hastings) to discuss logistics of document distribution; confer with D. Hayes regarding status of case; review draft third amended complaint and send suggested revisions to S. Berry; review co-counsel’s suggested revisions to third amended complaint; coordinate cite-check of motion for leave to amend with D. Hayes; review and suggest edits to motion for leave to amend; send, review, and respond to e-mails regarding various case preparation and discovery issues.

6.00

08/15/13 DH Review and cite-check Plaintiffs'

motion for leave to amend complaint.

1.00

08/15/13 SB Setup e-mail distribution list and

contacts, and add them in the list on S. Benz and J. Presant request.

0.58

08/15/13 JPB Scan new client contracts. 1.00 08/16/13 SFB Conferences with J. Southwick;

review edits to third amended complaint for filing; meet and confer with J. O'Brien; conferences with J. Presant; prepare for meet and confer; edit third amended complaint;

2.00



Page 8

conferences with J. Southwick and R. Caughey regarding same; review edits to S.D.N.Y. protective order.

08/16/13 JMP Revise motion to dismiss; research

procedure for attaining supplemental relief in a declaratory judgment action; confer with S. Benz regarding case preparation issues; confer with W. Conyngham regarding document management procedures and meet-and-confer; prepare for meet-and-confer, including by reviewing the protective order redline distributed by S. Berry; confer with S. Berry regarding motion to dismiss drafting process; review pro hac vice motions and give edits to E. Feinstein regarding same; coordinate preparation of accounting with K. McGee; review e-mails from co-counsel regarding various case preparation issues; telephone call with S. Berry and opposing counsel regarding meet-and-confer over discovery issues.

7.00

08/17/13 JMP Revise motion to dismiss and send

to S. Berry for review. 0.50

08/18/13 JMP Draft discovery letter to opposing

counsel regarding meet-and-confer and July 25 discovery letter.

2.25

08/19/13 SFB Review edits to S.D.N.Y.

protective order; conferences with J. Presant and S. Berry; prepare for weekly co-counsel call; review and edit draft motion to dismiss and draft letter to Judge Pauley regarding discovery; finalize and save common interest agreement.

2.00

08/19/13 JMP Review discovery documents and

correspondence; revise discovery letter to opposing counsel and send to S. Berry for review; review common interest agreement; review and redline draft conflict

7.00



Page 9

letter and send redline to S. Berry; coordinate preparation of accounting with K. McGee; review News’s response to the motion for leave to amend the complaint; review Mackie-Mason expert testimony from the Valassis state court matter; send, review, and respond to e-mails regarding various case preparation issues.

08/19/13 JPB Rename Bob Evans, Hood, United Pet

Group e-mails from S. Berry. 2.00

08/20/13 SFB Review proposed class conflict

letter; circulate search terms; review edits to protective order; conference with P. Cole and R. Boyce at Foster Farms regarding disclosures; weekly call with co-counsel; review and circulate News opposition to Dial, et al. motion to file third amended complaint; conferences with J. O'Brien regarding edits to protective order.

1.00

08/20/13 JMP Review Mackie-Mason expert

testimony from the Valassis state court matter; participate in management committee call with co-counsel; review News’ proposed revisions to the protective order; review Areeda & Hovenkamp section on monopsony; send, review, and respond to e-mails regarding various case preparation issues.

7.00

08/20/13 JPB Compare native contracts to

scanned copies; create a new set of contracts; rename, resize, and OCR contracts.

5.25

08/21/13 SFB Revise motion to dismiss for

S.D.N.Y.; conferences with J. Southwick and J. Presant regarding same; circulate final co-counsel agreement; conference with co-counsel regarding scheduling; send research memorandum to D. Goldman.

2.25



Page 10

08/21/13 JMP Review exhibits and P. Farris expert testimony from the Valassis state court matter; coordinate the compression of the client contracts with W. Conyngham and J. Brennan; schedule travel for September 4th management committee meeting in Houston, Texas with E. Feinstein; revise motion to dismiss and distribute to co-counsel for review; send, review, and respond to e-mails regarding various case preparation issues.

6.75

08/21/13 JPB Rename, resize, and OCR contracts;

create final set of contracts for network and zip file.

3.00

08/22/13 SFB Conference with J. O'Brien

regarding edits to protective order; review updated set of client contracts; review and edit motion to dismiss; conferences with J. Presant.

1.50

08/22/13 JMP Review G. Bamberger expert

testimony from the Valassis state court matter; distribute client contracts to co-counsel; telephone call with support staff at Paul Hastings regarding uploading documents to the Paul Hastings data room; review draft of protective order and e-mail S. Berry suggested edits; review and respond to e-mails regarding various case preparation issues.

6.75

08/23/13 SFB Sign class representative

disclosure letter to clients; review and edit motion to dismiss; conference with J. O'Brien regarding edits to protective order; file S. Benz and J. Presant pro hac vice motions in S.D.N.Y. action.

2.50

08/23/13 JMP Review G. Bamberger expert

testimony from the Valassis state court matter; review draft of pro hac vice motion; coordinate filing

3.00



Page 11

of pro hac vice motion with E. Feinstein; review and respond to e-mails regarding various case preparation issues.

08/24/13 JMP Review and respond to e-mails from

co-counsel regarding upcoming management committee meeting, expert retention, and other matters.

0.50

08/25/13 JMP Review e-mails regarding

protective order and expert retention.

0.25

08/26/13 SFB Conference with S. Berry regarding

protective order submission to Judge Tarnow; review and circulate News discovery requests to Foster Farms; conferences with experts, J. Mackie-Mason, R. Pfau, and P. Farris regarding retention; check edits to motion to dismiss; conference with clients, P. Nightingale (HP Hood) and G. Schulte (Farmland).

2.00

08/26/13 JMP Review and revise draft of motion

to dismiss, including by incorporating comments from co-counsel; review and respond to e-mail correspondence, including from clients and co-counsel regarding potential conflicts; review Topel expert testimony from the Valassis state court matter.

6.75

08/27/13 SFB Conference with clients, S. Hudson

of Heinz, G. Schulte of Farmland, and J. Presant regarding motion to dismiss final edits for filing and oral argument; check docket updates (pro hac vice order admissions orders); conference with L. LeClair and R. Caughey regarding Foster Farms discovery; finalize revised client conflict letter.

2.00

08/27/13 JMP Review Topel expert testimony from

the Valassis state court matter; 7.25



Page 12

participate in management committee call; coordinate cite-check of motion to dismiss with D. Hayes; review revisions to the potential conflicts letter to the clients; send, review, and respond to e-mails regarding various case-related issues, including preparing for filing the motion to dismiss.

08/27/13 DH Review and cite-check motion to

dismiss News America's first amended complaint.

4.00

08/28/13 SFB Conference with S. Berry and L.

LeClair regarding class representatives and clients settlements subject to court approval and option of clients seeking separate advice; check revision to client letter agreement; conferences with D. Goldman regarding same; review and circulate reply in support of motion for leave to amend third amended complaint; finalize and file motion to dismiss; review cover letter to Judge Tarnow; finalize and circulate protective order to K. Gallo and J. O'Brien.

3.00

08/28/13 JMP Review Murphy expert testimony

from the Valassis state court matter; review and revise motion to dismiss; coordinate preparation for filing and filing of the motion to dismiss with D. Hayes and E. Feinstein; revise drafts of courtesy copy letters to the courts; send copy of courtesy copy correspondence with Judge Tarnow to opposing counsel; send, review, and respond to e-mails regarding various case preparation issues.

6.25

08/28/13 DH Proofread, edit, prepare and

finalize for filing motion to dismiss News America's first amended complaint and supporting exhibits.

1.25



Page 13

08/29/13 SFB Circulate as-filed motion to

dismiss, memorandum in support, and correspondence to Judge Tarnow regarding same; conferences with defense counsel, J. O'Brien regarding same; expert retention call with P. Farris; expert retention call with J. Mackie-Mason, R. Pfau, J. Metzler, and co-counsel; review P. Farris testimony from Valassis case; review K. Murphy economist discussion.

3.00

08/29/13 JMP Participate in calls with co-

counsel and prospective experts regarding their potential involvement in the case; telephone call with R. Caughey (Susman Godfrey) regarding research for discovery issues; review and respond to e-mails.

2.50

08/30/13 SFB Review class, damages, and expert

biographies; conferences with co-counsel regarding experts; circulate as-filed protective order in S.D.N.Y.; revise meeting agenda; conferences with J. Presant regarding same.

2.25

08/30/13 JMP Send, review, and respond to e-

mail correspondence, including that regarding upcoming management committee meeting and expert retention; confer with S. Benz regarding expert retention calls and other issues.

0.75

For Professional Services 200.58 $86,665.00

Additional Charges 08/06/13 JMP Airfare: Justin Presant 8/6 Trip to

Dallas. $ 982.60

08/06/13 JMP Taxi: Justin Presant 8/6 Trip to Dallas. Yellow Cab to DFW.

$ 70.00

08/06/13 JMP Parking: Justin Presant 8/6 Trip to Dallas. Parking at Reagan National

$ 22.00



Page 14

Airport. 08/06/13 JMP Dinner: Justin Presant 8/6 Trip to

Dallas. $ 5.28

08/06/13 JMP Breakfast: Justin Presant 8/6 Trip to Dallas.

$ 5.89

08/06/13 JMP Taxi: Justin Presant 8/6 Trip to Dallas. $ 53.9508/06/13 JMP Dinner: Justin Presant 8/6 Trip to

Dallas. $ 12.54

08/06/13 JMP Breakfast: Justin Presant 8/6 Trip to Dallas.

$ 8.12

08/07/13 JMP WESTLAW --PRESANT JUSTIN $ 62.5408/12/13 SFB Long Distance $ 0.7208/12/13 JMP WESTLAW --PRESANT JUSTIN $ 65.1908/14/13 JMP PAYEE: Clerk, DC Court of Appeals;

REQUEST#: 67473; DATE: 8/14/2013. J Presant certificate of good standing (Non-Carried Expense)

$ 5.00

08/14/13 SFB PAYEE: Clerk, DC Court of Appeals; REQUEST#: 67474; DATE: 8/14/2013. S Benz certificate of good standing (Non-Carried Expense)

$ 5.00

08/14/13 JMP PAYEE: State of Michigan; REQUEST#: 67475; DATE: 8/14/2013. J Presant Certificate of good standing (Non-Carried Expense)

$ 10.00

08/14/13 SFB PAYEE: Clerk, Court of Appeals; REQUEST#: 67476; DATE: 8/14/2013. S Benz certificate of good standing (Non-Carried Expense)

$ 7.00

08/14/13 SFB PAYEE: Minnesota Supreme Court; REQUEST#: 67477; DATE: 8/14/2013. S Benz certificate of good standing (Non-Carried Expense)

$ 25.00

08/14/13 JMP WESTLAW --PRESANT JUSTIN $ 26.2408/14/13 KCM Federal Express Inv. #2-378-11595: Lawyer

Registration. $ 23.80

08/14/13 KCM Federal Express Inv. #2-378-11595: Court of Appeals of Maryland.

$ 17.39

08/14/13 EYF Federal Express Inv. #2-378-11595:Committee on Admissions/CGSDC Court of Appeals

$ 12.89

08/15/13 KCM Federal Express Inv. #2-378-11595:KCM Lawyer Registration

$ 24.30

08/15/13 KCM Federal Express Inv. #2-378-11595:K. McGee Court of Appeals of Maryland

$ 22.23

08/23/13 KCM Federal Express Inv. #2-385-37872:Judge William H. Pauley III Daniel Moynihan US Courthouse

$ 19.86

08/23/13 EYF Federal Express Inv. #2-385-37872:The Honorable William H. Paule Daniel Patrick Moynihan US Cou

$ 13.70



Page 15

08/27/13 SFB VENDOR: State of Iowa; INVOICE#: 8/15/2013S.BENZ; DATE: 8/27/2013 S Benz certificate of good standing (Non-Carried Expense)

$ 10.00

08/27/13 JMP Postage $ 5.0508/27/13 JMP Postage $ 18.1108/27/13 DH WESTLAW --HAYES DARLENE $ 65.4608/28/13 JMP Federal Express Inv. #2-392-30747:Judge

Arthur J. Tarnow United States District Court

$ 17.35

08/28/13 JMP Federal Express Inv. #2-392-30747:Judge William H. Pauley III United States District Court

$ 13.70

Photocopies $ 119.52Total Costs $ 1,750.43


Timekeeper Summary Name______ Hours__ Rate__ Amount____ Steven F. Benz 44.75 800.00 $ 35,800.00Justin M. Presant 133.50 360.00 $ 48,060.00Bernadette M. Murphy 0.25 245.00 $ 61.25Darlene Hayes 6.25 220.00 $ 1,375.00Sachin Bhatia 0.58 125.00 $ 72.50James Brennan 15.25 85.00 $ 1,296.25





(202)326-7900 Facsimile

(202)326-7999

October 11, 2013


Re: Henkel/Dial, et al. v. News America (Matter #: 12137)


Enclosed is the bill for our work regarding the above referenced matter for the month ended September 30, 2013. The total bill comes to $94,109.85 including $94,056.25 for lawyer and paralegal time and $53.60 for disbursements.



Enclosure


Kellogg, Huber, Hansen, Todd, Evans and Figel, PLLC

BILLING MEMO

Kellogg, Huber, Hansen, Todd, Evans & Figel, P.L.L.C.

September 30, 2013 RE: Henkel/Dial, et al. v. News America For professional services rendered through September 30, 2013

Professional Services Hours 09/03/13 SFB Review briefs; prepare for hearing; conferences

with J. Presant; expert research. 1.50

09/03/13 JMP Review D. Murphy expert testimony from the

Valassis state trial; prepare for management committee meeting; review and respond to e-mails on various issues.

3.75

09/04/13 SFB Co-counsel meeting with L. LeClair, R. Hess, J.

Southwick, R. Caughey, D. Goldman, and J. Presant; expert research and interview scheduling; travel to and from Susman Godfrey Houston office; review Foster Farms Rule 26(a)(1) initial disclosures.

10.00

09/04/13 JMP Travel to and from Houston for management

committee meeting; attend management committee meeting.

15.50

09/05/13 SFB Conference with J. Hemmings (Spectrum Brands) and

P. Nightingale (HP Hood) regarding litigation hold, document pulls, and initial disclosures.

0.25

09/05/13 JMP Review client contracts; confer with B. O'Toole

regarding client contract analysis; research validity of contractual term shortening antitrust statute of limitations; telephone call with R. Caughey regarding discovery issues; send, review, and respond to e-mails regarding various case preparation issues.

6.25

09/05/13 KAB Prepare client contracts for further review. 0.25 L300 L320 09/05/13 BFO Research and compile information on the dates and

terms of contracts between various companies and News America Corporation.

3.50


News America September 30, 2013 Invoice # 0

Page 3 Kellogg, Huber, Hansen, Todd, Evans and Figel, PLLC

09/06/13 SFB Conference with J. Hemmings of Spectrum Brands

regarding initial disclosures and document pulls; review and revise document preservation notice for clients; conference with R. Caughey regarding same; conference with J. Southwick regarding experts and Bernheim; conference with J. Presant regarding e-discovery vendor.

1.00

09/06/13 JMP Research validity of contractual term shortening

antitrust statute of limitations; review and respond to e-mails regarding various issues; review spreadsheet analyzing contract coverage for clients; confer with B. O'Toole regarding revisions to spreadsheet.

4.25

09/06/13 BFO Research and compile information on the dates and

terms of contracts between various companies and News America Corporation.

5.00

09/07/13 SFB Conferences with C. Signorello, S. Berry, and co-

counsel regarding discovery; conference with P. Nightingale (HP Hood) regarding discovery issues.

0.50

09/08/13 JMP Research validity of contractual term shortening

antitrust statute of limitations; review and redline draft document retention notice; review e-mails from co-counsel regarding management committee and client meetings and calls.

1.50

09/09/13 SFB Conference with R. Caughey regarding task list;

save client conflicts letter; review and circulate agenda; conferences with co-counsel regarding discovery issues; expert research regarding J. Leitzinger; conference call with HP Hood; conference with D. Goldman regarding statute of limitations.

2.00

09/09/13 JMP Research various legal theories for limiting

effect of statute of limitations provisions; confer with S. Benz regarding statute of limitations provisions; draft memorandum regarding statute of limitations research; send, review, and respond to e-mails regarding various case preparation issues; review HP Hood's document retention policies and notices; confer with W. Conyngham regarding e-discovery issues.

7.00

09/09/13 BFO Research and compile language from contracts

between News America and clients which references shortening the terms of their agreement.

1.50




L100 L110 09/10/13 SFB Conference call with co-counsel; review Paul

Hastings research regarding News promotional and marketing products; conference with S. Berry and J. Presant regarding statute of limitation contractual restriction provision; conduct expert research.

2.00

09/10/13 JMP Research various issues for statute of

limitations memorandum; draft statute of limitations memorandum; participate in call with management committee; review client contracts; confer with B. O'Toole regarding client contract analysis; schedule travel to Boston for meeting with HP Hood; send, review, and respond to e-mails regarding various case preparation issues.

6.25

09/10/13 BFO Research and compile information on the prices of

various products covered by the contracts between News America and its clients.

3.00

L100 L110 09/11/13 SFB Review and circulate revised damages spreadsheet;

review S. Musallam memorandum on News marketing initiatives; review and circulate Judge Martin decision in News America Marketing v. Floorgraphics action (D. NJ).

1.00


limitations memorandum; draft statute of limitations memorandum; confer with W. Conyngham regarding e-discovery issues; send, review, and respond to e-mails regarding various case preparation issues.

7.25

09/11/13 KAB Review and organize collection materials. 0.50 L300 L320 09/11/13 BFO Research and compile information on the prices of

various products covered by the contracts between News America and clients.

9.50

09/12/13 SFB Conference with J. Southwick regarding J.

Leitzinger; conference with D. Goldman, et al. regarding Bernheim; conference with R. Caughey; review Southeastern Asset Management acquisition materials and purchase shares of News Corporation.

2.00

09/12/13 JMP Research various issues for statute of 8.25




limitations memorandum; draft statute of limitations memorandum; revise checklist for initial client meetings regarding discovery preparations; review, and confer with B. O'Toole regarding client contract analysis; telephone call with co-counsel and prospective expert; review letter from J. O'Brien regarding News's position on discovery issues; review August accounting; send, review, and respond to e-mails regarding various issues.



7.00

09/13/13 SFB Conferences with clients regarding initial

disclosures and discovery with J. Hemmings of Spectrum Brands; review and circulate discovery correspondence.

1.00

09/13/13 WJC Prepare for and attend team telephone call

regarding News America E-Discovery. 1.00


limitations memorandum; draft statute of limitations memorandum; review, and confer with B. O'Toole regarding client contract analysis; distribute contract analysis to co-counsel; telephone call and e-mail with D. Taylor (Paul Hastings) regarding data transfer issues; send accounting to S. Berry; telephone call with S. Hudson (Heinz), Heinz personnel, and co-counsel regarding Heinz discovery preparation; send, review, and respond to e-mails regarding various issues.

7.00

09/13/13 KAB Review and organize collection materials; provide

selected materials to co-counsel. 0.50

L300 L320 09/13/13 KG Telephone conference about e-Discovery with B.

Conyngham, Heinz personnel, and counsel for Heinz; discuss e-Discovery issues with B. Conyngham and J. Presant.

2.00



5.00

L100 L110 09/13/13 JPB Scan New America Marketing and FSI binder in 1.00




black and white and color PDF. 09/13/13 RBC Drop binder off at Berry Law. 0.75 09/15/13 JMP Review agenda for management committee meeting. 0.25 09/16/13 SFB Conference call with potential expert, J.

Leitzinger and J. Southwick; conference with R. Caughey regarding Foster Farms discovery response; circulate News contract and statute of limitations analysis.

1.00

09/16/13 JMP Review draft discovery responses for Foster Farms

and send suggested edits to R. Caughey; telephone call with co-counsel and prospective expert; research various issues for statute of limitations memorandum; draft and revise statute of limitations memorandum; send draft of memorandum to S. Berry for review; send, review, and respond to e-mails regarding various case preparation issues.

8.00

09/17/13 SFB Case management conference call with co-counsel;

conference with J. Southwick regarding experts; conference with J. Hemmings of Spectrum Brands regarding document pull and production.

1.00

09/17/13 JMP Participate in management committee call; prepare

for meeting at HP Hood; research various issues for statute of limitations memorandum; draft and revise statute of limitations memorandum; send, review, and respond to e-mails regarding various case preparation issues.

4.50

09/18/13 SFB Conference with J. O'Brien regarding SDNY Dial

and Heinz discovery response and meet and confer; conference with S. Berry and D. Goldman regarding same; review September 12th letter from J. O'Brien; conference with P. Farris regarding budget for expert report.

0.50

09/18/13 JMP Travel to and from Lynnfield, Massachusetts; meet

with P. Nightingale and others from HP Hood and S. Berry to discuss discovery preparation issues; review discovery letter from J. O'Brien; send, review, and respond to e-mails regarding various issues.

10.75

09/18/13 KG Telephone conference about discovery with J.

Presant, S. Berry, HP Hood personnel and counsel for HP Hood; arrange for FTP site.

1.50




09/19/13 SFB Conference with D. Goldman regarding Heinz

discovery and e-vendor; prepare and circulate bills to co-counsel.

0.75


limitations memorandum; draft and revise statute of limitations memorandum to incorporate additional research; distribute July and August accounting to management committee; send, review, and respond to e-mails regarding various issues; coordinate scheduling of travel to Madison, Wisconsin with E. Feinstein for meeting with Spectrum Brands; review correspondence from J. O'Brien.

5.50

09/20/13 SFB Conference with J. O'Brien regarding Heinz and

Dial document productions and motion to compel; review Mackie-Mason and ApplEcon proposed expert budget; review and edit statute of limitations memorandum; conferences with J. Presant.

1.50

09/20/13 JMP Revise statute of limitations memorandum and send

to S. Berry for review; research case law interpreting clear-and-unmistakable waiver doctrine; revise statute of limitations memorandum to incorporate additional research; confer with S. Benz regarding statute of limitations memorandum; send, review, and respond to e-mails regarding various issues, including discovery matters.

6.50

09/20/13 KAB Review and prepare Dial collection materials for

further review and searching; coordinate with co-counsel to provide centralized access to collection materials.

1.50

L300 L320 09/20/13 KG Download files from Heinz and arrange for loading

into Concordance. 0.50

09/22/13 SFB Conferences with S. Berry and J. Presant; review

and comment on statute of limitations memorandum; conferences with co-counsel regarding client discovery meetings (Dial).

1.50

09/22/13 JMP Review and respond to e-mails from co-counsel

regarding various issues. 0.50

09/23/13 SFB Review final statute of limitations memorandum;

conferences with J. Presant; conference with B. 2.00




Clothier and P. Nightingale of HP Hood regarding e-discovery; review and circulate summary of Bob Evans and R. Hess document review meeting.

09/23/13 WJC Prepare for and attend team telephone call

regarding News Corp Litigation call to discuss e-discovery.

1.00

09/23/13 JMP Review and revise statute of limitations

memorandum and distribute to co-counsel for review; call with B. Clothier (HP Hood), B. Conyngham, S. Benz, and K. Garnjost regarding e-discovery issues; telephone call with co-counsel, B. Conyngham, and K. Garnjost regarding e-discovery issues; confer with B. Conyngham regarding e-discovery issues; review HP Hood supplemental litigation hold memorandum; review memorandum from S. Musallam regarding e-discovery costs; send, review, and respond to e-mails regarding various case preparation issues.

7.75

09/23/13 KAB Review and prepare Heinz collection materials for

further review and searching; coordinate with co-counsel to provide centralized access to collection materials.

1.50

L300 L320 09/23/13 KG Telephone call with B. Conyngham and HP Hood IT

personnel regarding backup tapes and strategy for restoration; telephone call with B. Conyngham and Heinz counsel and IT personnel regarding data collection and review.

2.00

09/24/13 SFB Review News 10-K description of litigation;

conference call with co-counsel; review ApplEcon and P. Farris proposed expert budgets; update calendar; check docket filings for order on defendants' motion to supplement record; send all pleadings to S. Musallam at Paul Hastings; review Judge Tarnow order on motion to transfer; conferences with co-counsel regarding same.

2.00

09/24/13 WJC Telephone call with management committee. 0.75 09/24/13 JMP Telephone call with management committee; revise

statute of limitations memorandum to incorporate feedback from co-counsel; review C. Murphy expert testimony from the Valassis state matter; review Court's order transferring case to the Southern District of New York; draft letter to Judge Pauley regarding transferred case; coordinate

8.50




transfer of discovery pleadings to co-counsel at Paul Hastings; review News' recently filed 10-K and distribute to co-counsel; send, review, and respond to e-mails regarding various case preparation issues.

09/24/13 KAB Review and prepare Dial and Heinz collection

materials for further review and searching; coordinate with co-counsel to provide centralized access to collection materials and consistent coding.

1.50

L300 L320 09/24/13 KG Telephone call to S. Bassette at the Oliver Group

about restoring HP Hood backup tapes. 0.50

09/25/13 SFB Conferences with co-counsel regarding transfer of

Eastern District of Michigan case to Judge Pauley; conference with J. Presant regarding telephone call to Judge Pauley's clerk; review Judge Pauley certification decision (Black Swan Intern case (Glatt)); review and comment on draft ECF letter to Judge Pauley; conference call with J. Mackie-Mason, J. Southwick, and L. LeClair regarding expert budget and class certification issues.

2.00

09/25/13 JMP Telephone call with Southern District of New

York's clerk's office regarding docketing of transfer; pull Judge Pauley's class certification decisions and send to S. Berry; telephone call with co-counsel and prospective experts regarding budgeting and other issues; revise draft letter to Judge Pauley regarding whether the transferred case is related; coordinate filing of letter with E. Feinstein and hand delivery of letter with D. Goldman; review C. Murphy expert testimony from the Valassis state matter; telephone call with J. Southwick regarding motion to dismiss the declaratory judgment action; travel to Madison, Wisconsin; send, review, and respond to e-mails regarding various case preparation issues.

11.50

09/26/13 SFB Review letter to Judge Pauley as to transfer;

circulate Judge Pauley's class certification decisions to clients; review and circulate News letter motion for extension of time to file a reply; conference with J. Hemmings of Spectrum Brands regarding initial disclosures and discovery; conferences with co-counsel regarding declaratory judgment case and response to Paul

1.50




Weiss; conferences with J. Southwick and D. Goldman regarding experts.

09/26/13 JMP Meet with J. Hemmings, B. Murphy, and R. Macksam

(Spectrum Brands) and S. Berry, and B. Conyngham and K. Garnjost (by phone) regarding discovery preparation; travel from Madison, Wisconsin to Washington, DC; review discovery letter from J. O'Brien; send, review, and respond to e-mails regarding various case preparation issues.

7.75

09/26/13 KAB Review and prepare Smithfield collection

materials for further review and searching; review and revise Heinz materials per co-counsel request.

1.00

L300 L320 09/26/13 KG Telephone conference regarding discovery with B.

Conyngham, J. Presant, S. Berry, and Spectrum Brands personnel and counsel.

1.00

09/26/13 JPB Scan Smith Food documents and deliver originals

to Berry Law Firm. 1.00

09/27/13 SFB Telephone calls with co-counsel regarding experts

(ApplEcon); review draft case management statement; conferences with co-counsel.

1.00

09/27/13 JMP Revise statute of limitations memorandum to

incorporate feedback from D. Goldman and additional research regarding successive dismissal motions; distribute memorandum to co-counsel for final approval; review C. Murphy and G. Bamberger expert testimony and exhibits from the Valassis state matter; confer with S. Benz regarding status of case; review Judge Pauley class certification opinions; review S. Berry draft case management statement; send, review, and respond to e-mails regarding various case preparation issues.

6.50

09/27/13 KAB Review and prepare Valassis transcripts and

exhibits for co-counsel. 0.25

L300 L320 09/28/13 SFB Conference with R. Caughey regarding Foster Farms

discovery. 0.25

09/28/13 JMP Review e-mail from R. Caughey summarizing meeting

with Foster Farms personnel regarding discovery and other case preparation issues.

0.25




09/29/13 JMP Review S. Berry's agenda for management committee

telephone call and R. Caughey memorandum regarding successive Rule 12(b)(6) motions.

0.25

09/30/13 SFB Conference with R. Caughey; review memorandum on

News ability to dismiss under Iqbal and Twombly; prepare for co-counsel meeting; review and circulate ECF and related case notices.

1.00

09/30/13 JMP Review Judge Pauley class certification

decisions; review documents forwarded by P. Nightingale of HP Hood; review News' brief in opposition to the motion to dismiss the declaratory judgment action; send, review, and respond to e-mails regarding various case preparation issues.

4.25

09/30/13 KAB Review and prepare Heinz materials for

production; confer with co-counsel regarding same.

0.25

L300 L320 Total Fees 241.75 $94,056.25

Disbursements 09/30/13 SFB PAYEE: Minnesota Supreme Court; REQUEST#:

67820; DATE: 9/30/2013. S Benz certificate of good standing (NON-CARRIED EXPENSE)

25.00

09/30/13 SFB PAYEE: Clerk, Court of Appeals; REQUEST#: 67821; DATE: 9/30/2013. S Benz certificate of good standing (NON-CARRIED EXPENSE)

7.00

09/30/13 JMP PAYEE: State Bar of Michigan; REQUEST#: 67822; DATE: 9/30/2013. J Presant certificate ofgood standing (NON-CARRIED EXPENSE)

10.00

09/30/13 JMP PAYEE: Clerk, DC Court of Appeals; REQUEST#: 67823; DATE: 9/30/2013. J Persant certificate of good standing (NON-CARRIED EXPENSE)

5.00

09/30/13 SFB PAYEE: Clerk, DC Court of Appeals; REQUEST#: 67828; DATE: 9/30/2013. S Benz certificate of good standing (NON-CARRIED EXPENSE)

5.00

Photocopies 1.60 Total Costs $53.60

Total Services and Disbursements $94,109.85 Total Amount Due $94,109.85




Timekeeper Summary Timekeeper Hours Rate Amount Steven F. Benz 37.25 800.00 $29,800.00 William J. Conyngham 2.75 600.00 $1,650.00 Justin M. Presant 149.75 360.00 $53,910.00 Kimberly A. Briggs 7.25 350.00 $2,537.50 Kurt Garnjost 7.50 330.00 $2,475.00 Brian F. O'Toole 34.50 100.00 $3,450.00 James Brennan 2.00 85.00 $170.00 Ronald B. Crouch 0.75 85.00 $63.75





(202)326-7900 Facsimile

(202)326-7999

November 15, 2013


Re: Henkel/Dial, et al. v. News America


Enclosed is the bill for our work regarding the above referenced matter for the month ended October 31, 2013. The total bill comes to $82,072.67, including $81,991.25 for lawyer and paralegal time and $81.42 for disbursements.



Enclosure


Kellogg, Huber, Hansen, Todd, Evans and Figel, PLLC

BILLING MEMO

Kellogg, Huber, Hansen, Todd, Evans & Figel, P.L.L.C.

October 31, 2013 RE: Henkel/Dial, et al. v. News America For professional services rendered through October 31, 2013

Professional Services Hours 10/01/13 SFB Conference call with co-counsel; prepare SDNY pro

hac vice applications; review J. Letizinger expert budget proposal; conference with J. Southwick regarding meet and confer; update calendar; review Judge Pauley Park v. Thompson certification decision; edit case management statement; review and circulate News opposition to motion to dismiss SDNY complaint; review and circulate Heinz initial production; review final statute of limitations memorandum for clients.

3.00

10/01/13 WJC Exchange e-mails regarding Dial document review

and transfer of Smithfield Foods documents. 0.50

10/01/13 JMP Research various issues for reply memorandum;

draft reply memorandum; participate in telephone call with management committee; confer with K. Garnjost and W. Conyngham regarding case management statement; draft suggested edits to case management statement and send to S. Berry for review; distribute statute of limitations memorandum to clients; telephone call with J. Southwick; confer with S. Benz regarding case status; send, review, and respond to e-mails regarding various case preparation issues.

7.00

10/01/13 KAB Review and prepare Heinz and Dial materials for

production; coordinate with co-counsel regarding same; review and prepare Smithfield materials for further review and searching.

2.50

L300 L320 10/01/13 KG Telephone conference with S. Benz, B. Conyngham,

and other legal team members; opine on discovery protocol for J. Presant and provide him with lists of various file types.

1.50

10/01/13 JPB Scan Dial Corporation Valassis documents. 2.75


News America October 31, 2013 Invoice # 0


10/02/13 SFB Update calendar; circulate Judge Pauley scheduling order; conference with K. Gallo and J. O'Brien regarding meet and confer and case management conference; edit reply in support of motion to dismiss; conference with J. Presant; review edits to case management statement.

1.25

10/02/13 JMP Research various issues for reply memorandum;

draft reply memorandum and distribute draft to co-counsel for review; send, review, and respond to e-mails regarding various case preparation issues.

8.75

10/02/13 KAB Review and prepare Heinz materials for

production; coordinate with co-counsel regarding same.

1.00

L300 L320 10/03/13 SFB Edit reply brief in support of motion to dismiss

declaratory judgment action; conference with S. Jacobs regarding Dial and Heinz custodial productions; conference with co-counsel regarding Valassis counsel meeting; send expert retention agreement to J. MacKie-Mason and R. Pfau; conferences with co-counsel.

2.00

10/03/13 WJC Review e-mails regarding Dial and Heinz document

production scheduled for October 4. 0.25

10/03/13 JMP Review and revise draft reply memorandum,

including to incorporate comments from co-counsel; distribute reply memorandum to clients for review; review draft retention letter sent to prospective expert; correspond with W. Conyngham and K. Briggs and co-counsel regarding upcoming document production; review Judge Pauley's class certification opinions; send, review, and respond to e-mails regarding various case preparation issues.

5.50


production; coordinate with co-counsel regarding same.

1.50

L300 L320 10/03/13 DH Cite-check and review defendants' reply

memorandum in support of their motion to dismiss the first amended complaint.

1.50

10/04/13 SFB Edit reply in support of motion to dismiss SDNY

declaratory judgment action; conferences with J. 2.25




Presant; conferences with co-counsel; conference with K. Gallo regarding meet and confer and pre-hearing preparation; update calendar.

10/04/13 WJC Exchange e-mails regarding Heinz and Dial

production and transmittal letters for October 4 production.

0.25

10/04/13 JMP Review and revise draft reply memorandum;

research issues in reply memorandum; draft letters to Judge Pauley to accompany reply memorandum; review local rules and individual practice guidelines; telephone call with S. Musallam regarding document production; coordinate with K. Briggs regarding document production; send, review, and respond to e-mails regarding various case preparation issues.

6.00


production; coordinate with co-counsel regarding same; draft correspondence regarding same.

1.50

L300 L320 10/06/13 JMP Review agenda for upcoming management committee

meeting distributed by S. Berry. 0.25

10/07/13 SFB Edit and finalize for filing reply in support of

motion to dismiss and prepare for filing; conferences with J. Presant regarding same.

1.00

10/07/13 JMP Review and revise reply memorandum; distribute

reply memorandum to co-counsel for final review; revise letters to Judge Pauley to accompany reply memorandum; review local rules and individual practice guidelines; coordinate cite-check of memorandum with D. Hayes; coordinate filing of memorandum with E. Feinstein; review HP Hood organizational chart and marketing employee list forward by P. Nightingale; send questions regarding the same to S. Berry; send, review, and respond to e-mails regarding various case preparation issues.

7.00

10/07/13 KAB Coordinate with co-counsel regarding review of

collection materials. 0.50

L300 L320 10/07/13 DH Cite-check, proofread, and finalize for filing

defendants' reply memorandum in support of their motion to dismiss the first amended complaint and supporting papers.

1.25




10/08/13 SFB Conference call with co-counsel; conference with

J. Hemmings (Spectrum Brands) regarding statute of limitations and evidence; conference with P. Nightingale (HP Hood) regarding hold notices and initial disclosure; conferences with J. Presant.

2.00

10/08/13 JMP Prepare for and participate in management

committee call; telephone call with S. Musallam regarding case organization software; review docket from federal Valassis case to determine if any trial transcripts exist; coordinate distribution of Valassis record documents to co-counsel with K. Briggs; confer with W. Conyngham regarding case organization software; telephone call with R. Caughey regarding status of upcoming meeting; review draft subpoena; review and respond to e-mail from J. Hemmings regarding statute of limitations memorandum; send, review, and respond to e-mails regarding various case preparation issues.

3.50

10/08/13 KAB Review and prepare Valassis materials for co-

counsel. 1.00

P100 P100 10/09/13 SFB Circulate list of Valassis CPG trial witnesses;

review and edit Valassis subpoena; prepare for meeting with Valassis counsel, D. Mendelson and M. Palizzi; conference with S. Jacobs and J. Presant; review and circulate Valassis trial closing arguments.

1.50

10/09/13 JMP Confer with S. Benz regarding various case-

related issues; create redline of draft subpoena and send to S. Berry for review; draft pro hac vice motion and declaration; prepare for meeting with Valassis counsel; send, review, and respond to e-mails regarding various case preparation issues.

2.75

10/10/13 SFB Meet with Valassis outside counsel D. Mendelson,

M. Palizzi, S. Musallam, J. Presant, R. Caughey, S. Jacobs, and K. Scott to discuss common interest agreement and discovery; revise Valassis subpoena; prepare common interest agreement for Valassis; prepare pro hac vices for SDNY case; meet and confer with J. O'Brien.

3.00

10/10/13 JMP Prepare for and participate in meeting with co-

counsel and Valassis counsel; confer with S. Benz 4.25




regarding upcoming meetings and pro hac vice motions; review September accounting and correspond with K. McGee regarding the same; send, review, and respond to e-mails regarding various case preparation issues.

10/11/13 SFB Meet and confer with J. O'Brien regarding

discovery disputes; conferences with co-counsel regarding third amended complaint.

0.75

10/11/13 JMP Coordinate research into Valassis's historical

FSI revenue and current status of R. Emmel with B. O'Toole; review September accounting and correspond with K. McGee regarding the same; research R. Emmel's history with News and available prior testimony; review exhibits and transcripts from Valassis state matter regarding R. Emmel testimony and FSI revenue data; research regarding FOIA and subpoena standards.

8.50

10/11/13 KG Assist J. Presant with dtSearch issues; extract

files from ZIP file for use with dtSearch index. 0.50

10/11/13 BFO Research and compile information on Valassis

Communication's annual FSI revenues and FSI profits from 2000 to 2013; research and compile information on investigations into claims made by R. Emmel.

6.90

L100 L110 10/13/13 SFB Consolidate and circulate Valassis FSI revenue

and quarterly earnings reports; conference with J. Presant, S. Berry, and B. O'Toole.

1.00

10/14/13 SFB Conference call with K. Gallo (Paul Weiss)

regarding discovery issues, DJ action, and filing of third amended complaint; prepare agenda for group call; prepare and circulate summary of Valassis meeting; review and circulate closing argument from Valassis trial; prepare list of Consumer Package Goods who testified at Valassis trial.

3.50

10/14/13 JMP Search transcripts and exhibits from the Valassis

state trial for data underlying expert testimony; review and suggest revisions to R. Caughey's note to file memorializing meeting with Valassis's counsel; review agenda for management committee meeting; review B. O'Toole's research regarding the status of R. Emmel; send, review, and respond to e-mails regarding various case preparation

2.50




issues. 10/14/13 BFO Research and compile information on

investigations into anti-competitive practices used by News America Marketing.

2.00

L100 L110 10/15/13 SFB Weekly team conference call regarding various

client discovery matters; prepare and edit argument outline for hearing; pre-trial statement redline; circulate Eastern District of Michigan protective order; conference call with Imation counsel; review EMIL documents, correspondence, and injunction; review and edit first document request to News.

2.00


committee call; coordinate with W. Roth to revise accounting; distribute monthly accounting to management committee; research FOIA procedures for various agencies; send, review, and respond to e-mails regarding various case preparation issues.

2.00

10/16/13 SFB Meet and confer with K. Gallo regarding DJ action

pull-down; conferences with co-counsel; conference with D. Mendelson (Miller Canfield) regarding Valassis case files and trial exhibits; comment on revisions to case management conference statement; conference with expert, J. MacKie-Mason; conference with J. O'Brien regarding protective order.

2.00

10/16/13 JMP Telephone call with co-counsel and opposing

counsel regarding discovery, scheduling, and motion-to-dismiss disputes; send, review, and respond to various e-mails.

1.00

10/16/13 BFO Research and compile information on disclosures

by R. Emmel and government offices who have investigated his claims.

1.00

L100 L110 10/17/13 SFB Conference with I. Waxman (Paul Weiss) regarding

draft case management conference letter to Judge Pauley; conferences with co-counsel regarding same; conference regarding comparison schedule.

1.00

10/17/13 JMP Send, review, and respond to various e-mails;

coordinate filing of pro hac vice motion in transferred case with E. Feinstein.

1.00




10/18/13 SFB Review further edits to proposed case conferences

with co-counsel regarding edits to Valassis subpoena; review and edit first set of discovery requests to News; conference with S. Jacobs regarding same; conference call with co-counsel regarding case management conference compromise dates.

1.00

10/18/13 JMP Review B. O'Toole's research regarding government

agencies that have possibly investigated News America; draft R. Emmel subpoena; research defenses to subpoena of congressional documents; research FOIA requirements; draft FOIA request language; telephone call with co-counsel to discuss case management schedule; telephone call with S. Musallam and W. Conyngham to discuss test search of Heinz production; review and respond to e-mails related to various case preparation issues.

5.50

10/20/13 SFB Conference with D. Goldman; review Heinz document

collection report; circulate as-filed scheduling joint letter to court; edit joint initial pre-trial case management statement.

1.25

10/21/13 SFB Revise first set of interrogatories and document

requests to News; conferences with co-counsel; edits to joint case management statement; conference with J. O'Brien regarding modifications and counterproposal to case management order.

1.75

10/21/13 WJC Brief review of Paul Hastings proposed ESI

protocol; edit minimal changes; e-mails regarding Foster Farms document production; e-mails regarding estimates of Heinz GB volume for processing purposes.

1.50

10/21/13 JMP Review and suggest edits to draft joint case

management statement; telephone call with J. Southwick and R. Caughey to discuss the same; prepare for oral argument on motion to dismiss; confer with K. Briggs regarding Foster Farms document production; send, review, and respond to e-mails regarding various case preparation issues.

3.75

10/21/13 KAB Review and prepare Foster Farms collection for

further review and searching. 1.00

L300 L320




10/22/13 SFB Weekly team conference call with co-counsel;

review final edits to case management conference schedule proposal; review final edits to first interrogatories and document requests to News; review oral argument and key points for hearing; check docket filings; circulate order terminating motion to dismiss; conference with S. Jacobs regarding hosting; conference with J. O'Brien regarding class reply.

2.00

10/22/13 WJC Process Heinz data; review search terms; apply

search term; review spreadsheets; e-mail group regarding same; telephone calls to vendors.

3.00


committee call; telephone call with R. Caughey and W. Conyngham regarding Foster Farms production; coordinate test run of search terms on Heinz e-discovery with W. Conyngham; review results of same; confer with W. Conyngham and K. Briggs regarding Foster Farms production; send, review, and respond to e-mails regarding various case preparation issues.

3.00

10/22/13 KAB Review and prepare Foster Farms materials for

production. 1.00

L300 L320 10/22/13 KG Discuss collection of data from HP Hood with B.

Conyngham and provide update to vendor. 0.25

10/23/13 SFB Conference with K. Gallo regarding edits to joint

schedule; prepare for hearing; check docket filings; conference with R. Caughey regarding edits to revised case management statement; send Foster Farms production to defense counsel; conference with clients regarding proposed case management order.

2.00

10/23/13 WJC Re-run Heinz search terms; create hit list report

spreadsheets; e-mail to team for comment. 2.75

10/23/13 JMP Review and respond to e-mails regarding various

case preparation issues; telephone call with S. Berry regarding filing of joint case management statement and discovery preparation; prepare for status conference.

0.75

10/23/13 KAB Review and prepare Heinz materials for further

review and searching 2.00




L300 L320 10/24/13 SFB Review ApplEcon expert retention letter;

conferences with J. Metzler, S. Berry, and S. Musallam; finalize edits to third amended complaint for filing; conferences with clients regarding third amended complaint filing; send courtesy copy of joint initial pre-trial case management statement to Judge Pauley.

2.00

10/24/13 WJC Multiple e-mails regarding J. Rosetti production

files. 0.25

10/24/13 JMP Travel to and from New York City; prepare for

status conference; attend status conference. 10.75

10/24/13 KAB Review and prepare Heinz collection for further

review and searching. 0.50

L300 L320 10/25/13 SFB Conference with co-counsel regarding hearing;

review draft response to News and J. O'Brien regarding discovery requests to Dial and Heinz; update calendar; draft letter to Judge Pauley regarding interrogatories and deposition agreement on limits; review as-filed third amended complaint.

1.75

10/25/13 JMP Draft joint letter to Court regarding agreements

reached at status conference and send letter to S. Berry for review; revise draft FOIA letters; send, review, and respond to e-mails regarding various issues.

2.25

10/28/13 SFB Meet with J. Presant regarding hearing; update

calendar; review edits to first set of interrogatories; conference with J. Brody regarding same.

1.00

10/28/13 JMP Brief S. Benz on status conference at court;

review agenda for management committee call; review and respond to e-mails regarding search terms.

0.25

10/29/13 SFB Conference with D. Mendelson regarding Valassis

subpoena edits and separate lawsuit; weekly team conference call; review draft letter to Judge Pauley regarding status conference agreement; check docket filings; check Federal Trade Commission Freedom of Information Act request regarding News check invoices; edit first set of

2.00




interrogatories to News defendants; conference with P. Farris (expert); review Freedom of Information Act letters to R. Emmel.

10/29/13 JMP Coordinate drafting of joint letter to Court

regarding agreements reached at status conference and upcoming teleconference, as well as appearances sheet; correspond with opposing counsel regarding joint letter and appearances sheet; prepare for and participate in management committee call; revise drafts of FOIA letters and subpoenas to R. Emmel and Senate offices and send to co-counsel for review; send, review, and respond to e-mails regarding various case preparation issues.

4.50

10/29/13 KAB Review and prepare Heinz materials for further

review and searching; confer with co-counsel regarding access to production materials.

1.50

L300 L320 10/30/13 SFB Conference call with M. Palizzi and D. Mendelson

regarding Valassis subpoena; finalize and file joint letter to Judge Pauley; conference with J. O'Brien regarding same; conference with P. Farris (expert); review compiled Valassis trial exhibits.

2.25

10/30/13 JMP Coordinate filing of joint letter and faxing of

appearances sheet; telephone call with co-counsel and Valassis counsel regarding Valassis subpoena; telephone call with R. Caughey regarding Valassis subpoena; send, review, and respond to e-mails regarding various case preparation issues.

3.00

10/31/13 SFB Revise interrogatories to defendants; conference

with S. Jacobs; check docket filings; review October 24 hearing transcript.

1.00

10/31/13 JMP Review revised draft interrogatories; review

draft common interest agreement; telephone call with J. O'Brien (Paul Weiss) to advise of postponement of teleconference; send, review, and respond to e-mails regarding various issues.

0.75

Total Fees 178.90 $81,991.25




Disbursements 10/01/13 EYF Diners Club Inv. 10/18/2013 -Southern District

Court Reporters Inv. 0325558-INPark v. Thomson Corporation (Non-Carried Expense)

21.60

10/08/13 KAB Kimberly Briggs hard drive for production (Non-Carried Expense)

43.52

10/16/13 SFB VENDOR: State of Iowa; INVOICE#: 44320; DATE: 10/16/2013 S Benz certificate of good standing (Non-Carried Expense)

16.30

Total Costs $81.42

Total Services and Disbursements $82,072.67 Total Amount Due $82,072.67

Timekeeper Summary Timekeeper Hours Rate Amount Steven F. Benz 44.25 800.00 $35,400.00 William J. Conyngham 8.50 600.00 $5,100.00 Justin M. Presant 94.50 360.00 $34,020.00 Kimberly A. Briggs 14.00 350.00 $4,900.00 Kurt Garnjost 2.25 330.00 $742.50 Darlene Hayes 2.75 220.00 $605.00 Brian F. O'Toole 9.90 100.00 $990.00 James Brennan 2.75 85.00 $233.75





(202)326-7900 Facsimile

(202)326-7999

December 11, 2013


Re: Henkel/Dial, et al. v. News America


Enclosed is the bill for our work regarding the above referenced matter for the month ended November 30, 2013. The total bill comes to $82,793.00 for lawyer and paralegal time.



Enclosure


Kellogg, Huber, Hansen, Todd, Evans & Figel, p.l.l.c

November 30, 2013 Invoice # 2008215102

EIN 52-1811709

Page 2

Re: Henkel/Dial, et al. v. News America (12137)

For Professional Services rendered through November 30, 2013

Timekeeper______ Hours____ Rate___ Amount______Steven F. Benz 50.00 800.00 $ 40,000.00William J. Conyngham 6.00 600.00 $ 3,600.00Justin M. Presant 97.25 360.00 $ 35,010.00Kimberly A. Briggs 8.50 350.00 $ 2,975.00Darlene Hayes 1.40 220.00 $ 308.00Brian F. O'Toole 9.00 100.00 $ 900.00 Total Professional Services $ 82,793.00


News America November 30, 2013 Invoice # 0

Page 3


Hours 11/01/13 SFB Conference with co-counsel

regarding rescheduling of Judge Pauley telephone call; circulate and review common interest agreement with Valassis counsel; conferences with co-counsel regarding Valassis and non-party subpoenas; review as-served final interrogatories and document requests to News; check revised protective order sent to K. Gallo.

2.00

11/01/13 WJC Review 20 incoming News e-mails;

respond to electronic discovery-related items.

1.00

11/01/13 JMP1 Send, review, and respond to e-

mails regarding various issues, including draft subpoena and protective order; draft and coordinate faxing of appearances sheet for upcoming teleconference with the Court.

0.75

11/01/13 KAB Review and prepare Heinz

collection materials for further review and searching; prepare summary regarding collection materials and search results.

2.00

11/02/13 JMP1 Review and respond to e-mails

regarding results of search terms analysis on three Heinz custodians.

0.25

11/04/13 SFB Edit draft letter to News

regarding discovery issues; telephone call with expert, P. Farris; conference with clients regarding schedule; update calendar; conference with J. Southwick regarding summary judgment schedule; revise scheduling order; conferences with K. Gallo and co-counsel; circulate pretrial conference submission.

3.00

11/04/13 JMP1 Telephone call with Court clerk 2.50



Page 4

regarding appearances sheet; e-mail appearances sheet to Court clerk; call with Court regarding scheduling dates; call with R. Stephen Berry to verify scheduling dates; review revised draft scheduling order and send suggested revisions to R. Stephen Berry; telephone call with co-counsel, P. Farris, R. Pfau, and A. Fazzone regarding expert analysis; send, review, and respond to e-mails regarding various case preparation issues.

11/05/13 SFB Conference with M. Palizzi

regarding Valassis subpoena; circulate updated case management order; conferences with co-counsel; conference with T. Overstreet (Insignia expert).

1.00

11/05/13 JMP1 Participate in management

committee meeting call; research any possible notice requirement for FOIA requests; review and suggest edits to draft discovery letter to J. Smith; send, review, and respond to e-mails regarding various case preparation issues.

2.25

11/06/13 SFB Review final edits to discovery

letter to News counsel; circulate as-entered final scheduling order; conferences with co-counsel regarding various subpoenas; update calendar; conference with Valassis counsel regarding production.

2.00

11/06/13 WJC E-mails with Heinz counsel

regarding status of supplemental collection drives and search term hit report from initial runs.

0.50

11/06/13 JMP1 Coordinate sending of FOIA

requests; send, review, and respond to e-mails regarding various case preparation issues.

1.00

11/07/13 SFB Review P. Farris working telephone 1.00



Page 5

call, memorandum to file, and Menasha opinion; conferences with A. Fazzone, S. Berry, and co-counsel regarding same.

11/07/13 JMP1 E-mail J. Hemmings regarding

scheduling interview calls with P. Farris; send, review, and respond to e-mails regarding various case preparation issues.

0.75

11/07/13 KAB Review and prepare Heinz

collection for further review and searching.

2.00

11/08/13 SFB Revise protective order;

conferences with R. Caughey and S. Jacobs regarding same; conference with Valassis counsel, M. Palizzi and D. Mendelson regarding protective order, subpoena objections, and ApplEcon materials; conference with T. Overstreet (Charles River Associates) regarding News conflict; circulate C. Bamberger expert resume.

2.00

11/08/13 JMP1 Review revisions to draft

protective order and draft common interest agreement; send, review, and respond to e-mails regarding various case preparation issues.

0.75

11/09/13 SFB Revise common Valassis interest

agreement; conferences with L. LeClair and S. Berry regarding "no attorney-client relationship established" clause, meeting with experts, and C. Bamberger retention; review and circulate as-filed Valassis complaint from Eastern District of Michigan; review Menasha Circuit Court opinion.

2.00

11/09/13 WJC Review incoming e-mails regarding

new Valassis complaint. 0.25

11/09/13 JMP1 Review e-mails from co-counsel,

includin