Exhibit 1, Redacted - Publicly Filed Version of ECF No. 169-4 — Case 3:21-cv-01418-EMC (Document 194-1)

Summary

Exhibit 1 to Document 194-1 in Brooks v. Thomson Reuters Corporation, Case 3:21-cv-01418-EMC in the Northern District of California, filed 03/31/23, is the redacted publicly filed version of ECF No. 169-4: pages from the February 22, 2023 remote videotaped deposition of Eric Gerhard. Questioned by plaintiffs' counsel Karina G. Puttieva about Thomson Reuters' CLEAR product, internal emails, a lower environment of CLEAR and a webinar, the witness says "We don't have dark web data in CLEAR."

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Case 3:21-cv-01418-EMC     Document 194-1     Filed 03/31/23     Page 1 of 19
EXHIBIT 1

[REDACTED - PUBLICLY FILED
VERSION OF ECF NO. 169-4
PURSUANT TO COURT ORDER
DATED MARCH 30, 2023 (ECF NO. 189)|
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1 UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF CALIFORNIA
2 SAN FRANCISCO DIVISION
5 CAT BROOKS and RASHEED : CASE NO. 3:21-cv-

SHABAZZ, individually and on : 1418-EMC
6 behalf of all others :

Similarly situated,
7 Plaintiffs,

8 vs.

9 THOMSON REUTERS CORPORATION,

Defendant.
CONFIDENTIAL
Wednesday, February 22, 2023
15 Remote videotaped stenographic deposition of
16 ERIC GERHARD, conducted at the location of the witne
17 in Minneapolis, Minnesota, commencing at approximate
18 10:02 a.m., on the above date, before Rosemary
19 Locklear, a Registered Professional Reporter,
20 Certified Realtime Reporter and California CSR
24 GOLKOW LITIGATION SERVICES
877.370.3377 ph | 971.591.5672 Fax
25 deps@golkow.com

ss

ly

Golkow Litigation Services
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APPEARANCES: (All appearances via remote technology)

COHEN MILSTEIN SELLERS & TOLL, P.L.L.C.
BY: KARINA G. PUTTIEVA, ESQUIRE
kputtieva@cohenmilstein.com
BY: VICTORIA S. NUGENT, ESQUIRE
vnugent@cohenmilstein.com
1100 New York Avenue NW, 5th Floor
Washington, DC 20005

and
GIBBS LAW GROUP, L.L.P.
BY: ANDRE M. MURA, ESQUIRE
amm@classlawgroup.com
BY: EZEKIEL S. WALD, ESQUIRE
zsw@classlawgroup.com
1111 Broadway, Suite 2100
Oakland, California 94607
Appearing on behalf of the Plaintiffs

PERKINS COIE, L.L.P.
BY: SUSAN FAHRINGER, ESQUIRE
SFahringer@perkinscoie.com
1201 Third Avenue, Suite 4900
Seattle, Washington 98101

and
PERKINS COIE, L.L.P.
BY: HAYDEN SCHOTTLAENDER, ESQUIRE
HSchottlaender@perkinscoie.com
500 North Akard Street, Suite 3300
Dallas, Texas 75201
Appearing on behalf of the Defendant

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ALSO PRESENT:

BEN MERTEN, Video Operator
JON OLSON, ESQUIRE, Thomson Reuters

JENNIFER HOROWITZ, Paralegal, Cohen Milstein

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1 dark web in CLEAR?

2 A. No.

3 Q. How do you know that?

4 A. We don't have dark web data in CLEAR.

5 Q. How do you know that Thomson Reuters does not

6 use information from the dark web in CLEAR?
7 A. Based on my understanding of what dark web

8 data is, I --

9 Q. And -- sorry. I didn't mean to interrupt.
10 A. Yeah. I mean, that's it.
11 Q. And what is your understanding of what dark

12 web data is?

13 A. Data that is outside of a normal web browser
14 search.
15 Q. Well, fair to say that Thomson Reuters has

16 data that is outside of a normal Web browser search

17 accessible through it?

18 MR. SCHOTTLAENDER: Objection.

19 THE WITNESS: Yeah. That -- I mean, that's
20 not -- I mean, it would be like illicit data

21 potentially outside of -- I mean, that is not the

22 definition of CLEAR -- I would not call data that is

23 in CLEAR dark web data, if that's the question.
24 BY MS. PUTTIEVA:

25 Q. So the dark web contains illicit data.

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1 A. Like I said, I don't -- I've never accessed

2 the dark web. I don't know what's on the dark web. I
3 think that changes hourly, daily, weekly. So, yeah, I
4 don't know what specifically is on the dark web.

5 Q. But you know that it's illicit data.

6 A. Potentially. But, yeah, I don't -- for me to

7 speak about what is currently on the dark web right

8 now, I have -- I don't know if anyone could do that.
9 MS. PUTTIEVA: Let's go to Control 4.
10 MS. HOROWITZ: I'm loading that now.
11 MS. PUTTIEVA: Mr. Gerhard, I believe that's

12 going to be Exhibit K-11, unless Jenny kindly corrects
13 me. And that's a document beginning with the Bates

14 number TR-BROOKS318714.

15 (Exhibit K-11 was marked for identification. )

16 MS. HOROWITZ: You're correct. And it's been

17 introduced as K-11.

18 MS. PUTTIEVA: Thank you.
19 THE WITNESS: Yeah. Let me review.
20 I've reviewed.

21 BY MS. PUTTIEVA:

22 Q. Let's start with the first page, which ends in
23 the Bates number 714, just the very first page of the
24 document.

25 Do you see this is an email from Paul Wohletz

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sent to you, Mr. Gerhard, as well as a Jacob Hauck. I

may be mispronouncing his name.

A.

Q.

Yep.
On April 17th, 2017; is that right?
Yes.

Yes.

The attachment, which is forwarded, P|

Do you see that?

Yes.

Do you see that?

Yes.

What is T, or who is T?

I don't know. It's not my email.
Well, you received it, didn't you?

Yeah; but I -- yeah. I don't know what T is

in the context of this email from April 17th of 2017.

Q.

NPD here is the new product development that

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1 what do you mean by that?
2 A. Allocation of resources for developing

3 products on CLEAR.

4 Q. Understood.

5 So he forwards you this P|

8 A. I don't know.

9 Q. Do you have an understanding of what a a
10 «25.2 on this communication from

11 Mr. Wohletz to you directly?
12 A. Based on this specific email, it appears that

13 this is regarding a

17 A. I don't know.

18 Q. How often does Thomson Reuters Po

20 MR. SCHOTTLAENDER: Objection. Form.

21 THE WITNESS: I mean, I -- just once.

22 BY MS. PUTTIEVA:
23 Q. How do you know it was just once?

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il Q. And what did Thomson Reuters get from this

2 particular vendor, po

3 MR. SCHOTTLAENDER: Objection. Form.

4 THE WITNESS: I don't remember the details of

5 if a, like a deal was ever even finalized around this
6 particular project.

7 BY MS. PUTTIEVA:

8 Q. Any reason to believe the deal was not

9 finalized?

10 A. I have no knowledge one way or the other.

11 Q. So you have no reason to believe the deal was

12 not finalized.

13 A. Like I said, I don't know.

14 Q. GE <onsidered to be proprietary?
15 MR. SCHOTTLAENDER: Objection.

16 THE WITNESS: Proprietary to whom?

17 BY MS. PUTTIEVA:

18 Q. Well, Thomson Reuters has data that is public
19 record data; is that right?

20 A. Correct.

21 Q. It also has data that is proprietary, not

22 publicly available?

23 A. Correct.
24 Q. Is data froma EE > oprictary?
25 MR. SCHOTTLAENDER: Objection.

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1 MS. PUTTIEVA: Let's take a five-minute break.
2 MR. SCHOTTLAENDER: Can we get a time check as

3 well before we take that?

4 MS. PUTTIEVA: Off the record at 6:18 p.m.
5 (Recess, 6:18-6:34 p.m.)
6 VIDEO OPERATOR: We are back on the record at

7 6:34 p.m.
8 MS. PUTTIEVA: Jenny, can you load the

9 document ending in 0706?

10 MS. HOROWITZ: Yeah. I'm loading that right
11 now.

12 It's been introduced as K-12.

13 (Exhibit K-12 was marked for identification.)

14 BY MS. PUTTIEVA:
15 Q. So, Mr. Gerhard, you should be able to see the
16 document bearing the Bates number TR-BROOKS310706 in

17 your marked exhibits folder.

18 A. Yeah. Let me just review it.
19 Okay. I've reviewed it.
20 Q. So it's an email about four months later from

21 the previous document. This is August 18th, 2017, an
22 email from Jacob Hauck to Mr. Wohletz, Kevin Appold,
23 and to you; is that right?

24 A. Correct.

25 Q. Subject is ae :: that right?

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1 A. Yes.

19 Do you see that?

20 A. Yes.

21 Q. So what is a lower environment of CLEAR?
22 A. A lower environment would be a development
23 environment.

24 Q. Is that the environment you work in?

25 A. No.

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il Q. When you say a lower environment of CLEAR is a
2 development environment, what do you mean by that?

3 A. A QA environment.

4 Q. And what is QA environment? What does that

5 stand for?

6 A. It's a development environment before you

7 would release something to production to customers --
8 Q. Understood.

9 A. -- outside of all the subscription stuff that

10 we talked about.

: a

13 What is

16 Q. Including this one?

17 A. Yeah. I can't -- I honestly can't remember if

23 . The email states that Po

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ee

2 MS. PUTTIEVA: Jenny, could you load the

3 document -- one second, there we go -- ending in 9749.
4 MS. HOROWITZ: That's been introduced as K-13.
5 (Exhibit K-13 was marked for identification. )

6 MS. PUTTIEVA: And for the record, that's the

7 document bearing the Bates number TR-BROOKS319749.
8 THE WITNESS: Yeah. Let me review.
9 Yeah, I've had a chance to review.

10 BY MS. PUTTIEVA:

11 Q. At the bottom of Page ending in 749 --
12 A. Yes.
13 Q. -- you see there is an invitation to a WebEx

14 that you, Eric Gerhard, sent to yourself, Jacob Hauck,

15 Kim Smith.

16 Do you see that?

17 A. Yes.

18 Q. The subject is po
19 A. Yeah.

21 A. That would be a meeting to discuss Po

23 So it looks like that meeting was scheduled.
24 I did not recall that.

25 Q. And what did you discuss at that meeting?

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1 A. Like, honestly, like I don't remember the
2 meeting, but based on the context of this particular

3 email and who the meeting was set up with, it would be

8 it -- they go hand in hand, I would say.

a

11 A. I mean, so this meeting would be to determine

12 that. So --

13 Q. Did this meeting take place?

14 A. I -- yeah. Like I said, I don't recall a

15 specific meeting with Kim Smith and Jacob Hauck but, I
16 mean, it looks like it was scheduled.

17 If that meeting did take place, the discussion

23 MS. PUTTIEVA: Jenny, let's load the document
24 ending in 5076.

25 MS. HOROWITZ: That's been introduced as

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all Exhibit K-14.

2 (Exhibit K-14 was marked for identification. )
3 MS. PUTTIEVA: That's a document beginning

4 with the Bates number TR-BROOKS025076.

5 THE WITNESS: Yeah. Let me just review.

6 Okay. I've reviewed.

7 BY MS. PUTTIEVA:

8 Q. Mr. Gerhard, do you see this is an email from

9 Kyle McSherry --

10 A. Yes.

11 Q. -- sent --

12 And who's Kyle McSherry?

13 A. Kyle McSherry works in marketing.

14 Q. And it was sent to a number of people,

15 including yourself, on November 14th, 2018; is that

16 right?

17 A. Yes.
19 A. Yes.
20 Q. So you attended the iii webinar that's

21 discussed here?

22 A. I don't -- I can't remember if I actually did

23 attend the | ss I -- like I don't have a
24 personal recollection of attending this webinar. So,

25 yeah, I don't -- I don't know if I actually did

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attend. I can't -- can't remember.

There's a URL link. Underneath that it says,

Do you see that?

A. Yes.

Q. And the first key takeaway is, pe

Is that worldwide web?
A. I don't know what Kyle meant by WWW.
Q. You don't know what WWW stands for?

MR. SCHOTTLAENDER: Objection.

THE WITNESS: I -- in the context of this
email, I don't know what WWW stands for. I'm not
Kyle.

BY MS. PUTTIEVA:

es

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iz

Do you see that?
A. Yes.
Q. The second talking point is -- excuse me.

Second key takeaway is, "Good talking point for

You see that?

A. Yes.
Q. Why is that a good talking point?
A. Ios

MR. SCHOTTLAENDER: Objection.
THE WITNESS: I don't know why Kyle thought
that that was a good talking point.
BY MS. PUTTIEVA:
Q. Does CLEAR use dark web data?
MR. SCHOTTLAENDER: Objection. Form.
THE WITNESS: Does CLEAR use dark web data?
MS. PUTTIEVA: Yes.
THE WITNESS: Currently?
MS. PUTTIEVA: Yes.
THE WITNESS: No.
BY MS. PUTTIEVA:

Q. Did CLEAR use dark web data?

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MR. SCHOTTLAENDER: Objection. Form.

MS. PUTTIEVA: All right. Let's go off the

VIDEO OPERATOR: We're off the record at 6:51

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1 STATE OF CALIFORNIA )

2 COUNTY OF LOS ANGELES )

3 I, ROSEMARY LOCKLEAR, a Certified Shorthand

4 Reporter of the State of California, duly authorized

5 to administer oaths pursuant to Section 2025 of the

6 California Code of Civil Procedure, do hereby certify
7 that

8 ERIC GERHARD, the witness in the foregoing

9 deposition, was by me duly remotely sworn to testify
10 the truth, the whole truth and nothing but the truth
11 in the within-entitled cause; that said testimony of
12 said witness was stenographically reported by me, a

13 disinterested person, and was thereafter transcribed
14 under my direction into typewriting and is a true and
15 correct transcription of said proceedings, to the best
16 of my ability.

17 I DO FURTHER CERTIFY that I am neither a

18 relative nor employee nor attorney nor counsel of any
19 of the parties to this action, and that I am neither a
20 relative nor employee of such attorney or counsel, and

21 that I am not financially interested in the action.

22 ; aM

24 ROSEMARY LOCKLEAR, RPR, CRR, NJ-CSR, CA CSR 13969

25 Dated:

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