Declaration of Kevin Appold — Brooks v. Thomson Reuters Corporation (Dkt. 173.2)

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     Case 3:21-cv-01418-EMC         Document 173-2   Filed 03/16/23   Page 1 of 3



 1   Susan D. Fahringer, Bar No. 21567               Gabriella Gallego, Bar No. 324226
     SFahringer@perkinscoie.com                      GGallego@perkinscoie.com
 2
     Nicola C. Menaldo, pro hac vice                 PERKINS COIE LLP
 3   NMenaldo@perkinscoie.com                        3150 Porter Drive
     Erin K. Earl, pro hac vice                      Palo Alto, CA 94304-1212
 4   EEarl@perkinscoie.com                           Telephone: 650.838.4300
     Anna M. Thompson, pro hac vice                  Facsimile: 650.838.4350
 5
     AnnaThompson@perkinscoie.com
 6   PERKINS COIE LLP                                Hayden M. Schottlaender, pro hac vice
     1201 Third Avenue, Suite 4900                   HSchottlaender@perkinscoie.com
 7   Seattle, WA 98101-3099                          PERKINS COIE LLP
 8   Telephone: 206.359.8000                         500 N. Akard Street, Suite 3300
     Facsimile: 206.359.9000                         Dallas, TX 75201-3347
 9                                                   Telephone: 214.965.7700
     Attorneys for Defendant                         Facsimile: 214.965.7799
10
     Thomson Reuters Corporation
11
                                UNITED STATES DISTRICT COURT
12                            NORTHERN DISTRICT OF CALIFORNIA
                                   SAN FRANCISCO DIVISION
13
     CAT BROOKS and RASHEED                      Case No. 3:21-cv-01418-EMC
14
     SHABAZZ, individually and on behalf of
15   all others similarly situated,              THIRD SEALING DECLARATION OF
                                                 KEVIN APPOLD
16                         Plaintiffs,

17          v.

18   THOMSON REUTERS CORPORATION,
19                         Defendant.
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     Case No. 3:21-cv-01418-EMC                                  THIRD SEALING DECLARATION
                                                                            OF KEVIN APPOLD
     Case 3:21-cv-01418-EMC          Document 173-2         Filed 03/16/23      Page 2 of 3



 1          I, Kevin Appold, hereby declare as follows:

 2          1.      I am Vice President, Product, US Public Records at West Publishing Corporation

 3   (“West”), a wholly owned subsidiary of Thomson Reuters Corporation (“Thomson Reuters”). For

 4   purposes of this declaration, I will refer to “Thomson Reuters” even when “West” is the proper

 5   legal entity. I have been employed by West for more than 27 years. I manage a team responsible

 6   for continued development and operation of the CLEAR platform, and I have led the Product

 7   Management team responsible for the integration and ongoing design of CLEAR since Thomson

 8   Reuters acquired CLEAR in 2008. I have personal knowledge of the facts set forth herein, and if

 9   called as a witness, could and would testify competently thereto.

10          2.      I have reviewed Doc. 169-3 filed in this litigation, which is Plaintiffs’ reply brief

11   in support of their motion for class certification. In the second paragraph on page 1 of that brief,

12   Plaintiffs reference a type of data that they contend was available through CLEAR “for at least a

13   limited time.” That contention is false. While Thomson Reuters briefly explored adding that type

14   of data to CLEAR, that data was never integrated into CLEAR or made available to CLEAR

15   customers.

16          3.      I have also reviewed Doc. 169-4 filed in this litigation, which contains excerpts

17   from the deposition of Eric Gerhard on February 22, 2023. Among other things, these excerpts

18   include dialogue between Mr. Gerhard and Plaintiffs’ counsel about the type of data discussed

19   above, and quotes from internal communications among Thomson Reuters employees that were

20   presented with little or no context by Plaintiffs’ counsel during the deposition.

21          4.      Good cause and compelling reasons exist to seal the text identified in Tables 1 and

22   2 of Thomson Reuters’ Sealing Statement, which I have reviewed, and Table 1 of Thomson

23   Reuters’ Sealing Motion, which I have also reviewed, because the redacted text reveals the type

24   of data that Plaintiffs falsely claim to have been available through CLEAR; reveals non-public

25   information about strategic development and positioning of CLEAR as Thomson Reuters

26   considered whether to make that type of data available through CLEAR; and because it gives an

27   incomplete and misleading picture of Thomson Reuters business practices related to CLEAR.

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     Case No. 3:21-cv-01418-EMC                      -2-                  THIRD SEALING DECLARATION
                                                                                     OF KEVIN APPOLD
Case 3:21-cv-01418-EMC   Document 173-2   Filed 03/16/23   Page 3 of 3


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