Declaration of Justina Sessions in Support of Defendant Plaid… — United States v. Visa Inc. and Plaid Inc. (Dkt. 58.1)

Summary

A Declaration of Justina Sessions in support of Plaid Inc.'s Administrative Motion to File Under Seal, Document 58-1, dated December 11, 2020 in United States of America v. Visa Inc. and Plaid Inc., Case No. 4:20-cv-07810-JSW, in the U.S. District Court for the Northern District of California. Sessions, a member of Wilson Sonsini Goodrich & Rosati, counsel of record for Plaid, says the sealing motion covers portions of the declarations of McKenna Quint and Pouya Fatemi supporting Plaid's proposed trial date. She states that the information is confidential and that, because the briefing is non-dispositive, the good cause standard of Federal Rule of Civil Procedure 26(c) applies, citing Kamakana v. City & Cnty. Of Honolulu. She says the request is narrowly tailored and that redacted versions will be filed publicly. The declaration was executed in San Francisco, California.

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DECL. ISO ADMIN. MOT. TO FILE UNDER SEAL
CASE NO.: 4:20-cv-07810-JSW
Jonathan M. Jacobson, SBN 1350495 
WILSON SONSINI GOODRICH & ROSATI 
Professional Corporation 
1301 Avenue of the Americas, 40th Floor 
New York, New York 10019 
Telephone: (212) 497-7758 
Facsimile: (212) 999-5899 
Email: jjacobson@wsgr.com 
Justina K. Sessions, SBN 270914 
Benjamin S. Labow, SBN 229443 
WILSON SONSINI GOODRICH & ROSATI 
Professional Corporation 
One Market Plaza, Spear Tower, Suite 3300 
San Francisco, California 94105 
Telephone: (415) 947-2000 
Facsimile: (415) 947-2099 
Email: jsessions@wsgr.com 
Email: blabow@wsgr.com
Counsel for Defendant Plaid Inc.
Scott A. Sher, SBN 190053 
Michelle Yost Hale (pro hac vice) 
Robin S. Crauthers (pro hac vice) 
Katie R. Glynn, SBN 300524 
WILSON SONSINI GOODRICH & ROSATI 
Professional Corporation 
1700 K Street NW, Fifth Floor 
Washington, DC 20006 
Telephone: (202) 973-8800 
Facsimile: (202) 973-8899 
Email: ssher@wsgr.com 
Email: mhale@wsgr.com 
Email: rcrauthers@wsgr.com
Email: kglynn@wsgr.com 
UNITED STATES DISTRICT COURT 
NORTHERN DISTRICT OF CALIFORNIA 
UNITED STATES OF AMERICA, 
Plaintiff,
v. 
VISA INC. and PLAID INC., 
Defendants. 
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CASE NO.: 4:20-cv-07810-JSW 
DECLARATION OF JUSTINA 
SESSIONS IN SUPPORT OF 
DEFENDANT PLAID INC.’S 
ADMINISTRATIVE MOTION TO 
FILE UNDER SEAL  
Case 4:20-cv-07810-JSW   Document 58-1   Filed 12/11/20   Page 1 of 3

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DECL. ISO ADMIN. MOT. TO FILE UNDER SEAL
CASE NO.: 4:20-cv-07810-JSW
I, Justina Sessions, declare as follows:
1.
I am a member of the firm Wilson Sonsini Goodrich & Rosati, P.C., counsel of 
record for Plaid Inc. (“Plaid”).  I am an attorney duly admitted to practice in the State of California 
and before this Court, and am familiar with this Court’s Local Rules, including Civil Local Rule 
79-5.  I have personal knowledge of the facts set forth below and, if called and sworn as a witness, 
I could and would testify competently thereto. 
2.
I submit this declaration in support of Plaid’s Administrative Motion to File Under 
Seal Portions of the Declaration of McKenna Quint in Support of Plaid’s Proposed Trial Date 
(“Quint Declaration”) and the Declaration of Pouya Fatemi in Support of Plaid’s Proposed Trial 
Date (“Fatemi Declaration”).  
3.
The information sought to be kept under seal is confidential, protectable as a trade 
secret or otherwise entitled to protection under law.  Because this Motion relates to non-dispositive 
briefing, the information Plaid seeks to file under seal are not subject to a strong presumption of 
public access; the “good cause” standard of Federal Rule of Civil Procedure 26(c) applies.  
Kamakana v. City & Cnty. Of Honolulu, 447 F.3d 1172, 1178-80 (9th Cir. 2006). 
4.
The limited portions of the Quint Declaration that Plaid moves to file under seal 
contain confidential, nonpublic, and highly sensitive business information relating to Plaid’s human 
resources.  Publicly disclosing this information could cause significant harm to Plaid, given that it 
would provide its competitors with insight into its internal human resources matters and thus would 
put Plaid at a competitive disadvantage.  
5.
The limited portions of the Fatemi Declaration that Plaid moves to file under seal 
contain confidential, nonpublic, and highly sensitive business information relating to Plaid’s 
financial operations.  Plaid is a private company, and publicly disclosing this confidential 
information, including to Plaid’s competitors and the marketplace, would cause Plaid competitive 
harm.  
6.
Courts have granted similar motions to protect confidential information.  See, e.g.,
Verinata Health, Inc. v. Ariosa Diagnostics, Inc., No. 12-cv-05501-SI, 2015 U.S. Dist. LEXIS 
54912, at *10 (N.D. Cal. Apr. 24, 2015) (holding that good cause existed to keep “confidential and 
Case 4:20-cv-07810-JSW   Document 58-1   Filed 12/11/20   Page 2 of 3

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DECL. ISO ADMIN. MOT. TO FILE UNDER SEAL
CASE NO.: 4:20-cv-07810-JSW
commercially sensitive information about [the party’s] financials, pricing, and marketing strategy, 
including [the party’s] financial forecasts” under seal because “public disclosure of this information 
may result in substantial competitive harm by providing competitors insight into internal finances”);
Barnes v. Hershey Co., No. 3:12-cv-01334-CRB, 2015 U.S. Dist. LEXIS 52330, at *10-11 (N.D. 
Cal. Apr. 21, 2015) (granting a motion to seal a document that contained “sales and recruitment 
strategy” because disclosure “would put [the party] at a competitive disadvantage by revealing its 
internal talent planning” and because “the emails bear only tangentially on the matters at issue in 
this litigation, such that the public interest in disclosure is minimal”). 
7.
Plaid’s request is narrowly tailored.  Plaid seeks only to keep limited portions of the 
Quint Declaration and Fatemi Declaration under seal.  Redacted versions of both declarations will 
be filed publicly, as will the Case Management Statement to which they attach.   
I declare under penalty of perjury that the foregoing is true and correct, and that this 
declaration was executed in San Francisco, California on December 11, 2020. 
Dated: December 11, 2020 
Respectfully submitted, 
WILSON SONSINI GOODRICH & ROSATI 
Professional Corporation 
/s/ Justina Sessions      .
Justina Sessions 
Counsel for Defendant Plaid Inc. 
Case 4:20-cv-07810-JSW   Document 58-1   Filed 12/11/20   Page 3 of 3

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