Declaration regarding 70 MOTION for Protective Order With "Highly Confidential -… — Blueacorn Beringer (Dkt. 72)

Summary

A declaration of Judy Geaslen, Chief Financial Officer of plaintiff Beringer Commerce, Inc. d/b/a Blue Acorn iCi, filed January 24, 2022 as Doc. 72 in No. 5:21-cv-00251-BO, U.S. District Court for the Eastern District of North Carolina, supporting Blue Acorn iCi's motion for a protective order. It states that answering the defendants' first interrogatories and requests for production would require disclosing sensitive, confidential and proprietary information. The declaration says the customer list and each client's revenue should be produced only under a "Highly Confidential - Attorneys' Eyes Only" designation, and that financial statements and tax returns are not made public except as authorized by parent company Infosys Limited. It states that the defendants' ongoing use of Blue Acorn iCi's brand, trademark and copyright would make disclosure harmful in future competition.

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IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF NORTH CAROLINA
WESTERN DIVISION
No. 5:21-CV-251-BO

BERINGER COMMERCE, INC., d/b/a
BLUE ACORN iCi,

Plaintiff,

FIN CAP, INC. d/b/a
“BLUEACORN.CO,” BLUE ACORN
PPP, LLC, and BLUE OAK FOREST,

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v. DECLARATION OF JUDY GEASLEN

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Lig )
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Defendants.

I, Judy Geaslen, declare under penalty of perjury as follows:

1. I am the Chief Financial Officer of Beringer Commerce, Inc. d/b/a Blue
Acorn iCi (“Blue Acorn iCi”). I submit this declaration in support of Blue Acorn iCi’s
Motion for Protective Order.

Z. I am familiar with the facts and circumstances of the above-captioned
matter, as well as the confidentiality of Blue Acorn iCi’s financial and commercial
information and records related to the same.

3, I have reviewed and am familiar with Defendants’ discovery requests in
this case, including Defendants’ First Set of Interrogatories and First Set of Requests for

Production. Responding to Defendants’ discovery requests would require the disclosure

Case 5:21-cv-00251-BO Document 72 Filed 01/24/22 Pagelof3
of sensitive, confidential, and proprietary information and records related to Blue Acorn
iCi’s business operations.

4, Blue Acorn iCi’s customer list is a confidential document that Blue Acorn
iCi would not want to disclose in the absence of a protective order with a “Highly
Confidential - Attorneys’ Eyes Only” designation. Disclosure of such information would
be harmful to Blue Acorn iCi, especially if the information was provided to a future
competitor. While Blue Acorn iCi does list the names of several customers on its website,
Blue Acorn iCi requested permission from these customers prior to listing them on the
website.

5. Moreover, the revenue for each of Blue Acorn iCi’s clients is confidential
information that Blue Acorn iCi would not want to disclose in the absence of a protective
order with a “Highly Confidential - Attorneys’ Eyes Only” designation. Not only is this
information extremely confidential, but Blue Acorn iCi would also need the permission
of its clients to disclose such information without a protective order in place.

6. Defendants also seek copies of Blue Acorn iCi’s financial statements,
balance sheets, income statements, and state and federal income tax returns from 2018 to
the present. Except as authorized by its parent company, Infosys Limited, Blue Acorn iCi
does not make public filings related to such information and considers such information
to be private and confidential.

7. Defendants’ discovery requests seek copies of all business plans and all

marketing plans relating to Blue Acorn iCi’s services. Blue Acorn iCi develops its

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Case 5:21-cv-00251-BO Document 72 Filed 01/24/22 Page2of3
marketing and business strategies internally with limited reliance on outside sources.
While certain information that Blue Acorn iCi relies on to develop its marketing and
business strategies is not confidential, Blue Acorn iCi’s own internal analysis of such
information is highly confidential and proprietary.

8. Defendants use of Blue Acorn iCi’s intellectual property, including Blue
Acorn iCi’s brand, trademark, and copyright, is ongoing. Additionally, Defendants have
indicated they intend to continue using Blue Acorn iCi’s intellectual property after the
PPP loan program ends. If Blue Acorn iCi is required to publicly disclose its financial
information, customer list, marketing strategies, and business plans to Defendants, then
Blue Acorn iCi would be harmed in future competition with Defendants as Defendants
expand their use of Blue Acorn iCi’s intellectual property, as well as with other
customers.

I declare under penalty of perjury under the laws of the United States of America
that the foregoing is true and correct.

Dated this ix day of January, 2022.

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Case 5:21-cv-00251-BO Document 72 Filed 01/24/22 Page3of3

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