Preview
FILED: NEW YORK COUNTY CLERK 08/02/2021 09:55 AM INDEX NO. 154446/2020
NYSCEF DOC. NO. 47 RECEIVED NYSCEF: 08/02/2021
From: David W. Garland
To: Kara Miller
Cc: Jillian M. de Chavez-Lau
Subject: RE: Kim v. White & Case, LLP, et al. - No. 154446/2020
Date: Friday, July 23, 2021 12:51:04 PM
Kara,
We’re following up with the revised subpoena to obtain information and documents which Ms. Kim
admitted at her deposition that she does not have or know, all of which are relevant to her
constructive discharge claim and her alleged damages. Ms. Kim’s failure to produce documents that
defendants are seeking and her following testimony supports the need for the amended subpoena:
• Ms. Kim did not recall the dates of her communications with Linda Park or Kaley Brock
regarding potential employment at Cravath.
• Ms. Kim does not have a copy of her employment application to Cravath.
• Ms. Kim did not recall whether, in connection with her Cravath application, she provided
references from White & Case.
• Ms. Kim did not recall speaking to Ms. Brock in connection with her employment application.
• Ms. Kim did not recall whether she spoke to Ms. Brock or other Cravath employees
(including Vincent Pugliese, Steven Middlemas, Sue Sparks, and Weston Barker) and about
the reasons she wanted to leave White & Case.
• Ms. Kim did not recall when Ms. Brock verbally extended an offer to her.
• Ms. Kim did not recall if or when she verbally accepted the offer before receiving the offer
letter.
• Ms. Kim did not recall when she discussed her potential start date with Ms. Brock.
• Ms. Kim did not recall when she accepted the offer.
• Ms. Kim does not possess a signed and dated version of her Cravath offer letter.
• Ms. Kim did not recall when she provided her signed offer letter to Cravath.
• Ms. Kim did not recall whether there were multiple versions of Cravath offer letter.
As you know, the Court’s Order expressly stated that Defendants could serve such a subpoena, if
after further discovery, they believe that the requested documents are relevant to the claims and
defenses. That is the case here. As before, Defendants will not serve the subpoena until the Court
rules upon your forthcoming motion for a protective order (which we trust you will promptly file).
Thank you.
David
FILED: NEW YORK COUNTY CLERK 08/02/2021 09:55 AM INDEX NO. 154446/2020
NYSCEF DOC. NO. 47 RECEIVED NYSCEF: 08/02/2021
David W. Garland | Bio
t 212.351.4708 | m 973.639.8266 | f 212.878.8600
DGarland@ebglaw.com
875 Third Avenue | New York, NY 10022
t 212.351.4500 | www.ebglaw.com
From: Kara Miller
Sent: Wednesday, July 21, 2021 6:15 PM
To: David W. Garland
Cc: Jillian M. de Chavez-Lau
Subject: RE: Kim v. White & Case, LLP, et al. - No. 154446/2020
*** EXTERNAL EMAIL ***
David,
The Court’s February 16, 2021 Order said you would not be precluded from seeking to serve another
subpoena on Cravath if discovery later revealed that such documents “would be relevant to the
claims and defenses in this action.” Please state in detail why you believe the discovery you seek is
relevant to the claims and defenses in this action. You also seek documents that were already
previously denied because the information can be obtained from other sources that are less
prejudicial than subpoenaing Plaintiff’s current employer. Please justify why you believe it is
necessary to subpoena such documents from Cravath and what has changed from the last time the
Court denied your requests for similar documents from Cravath.
In the meantime, I object to the subpoena and will move to quash and for a protective order if
necessary.
Please confirm the subpoena will not be served pending resolution of my objections either by
agreement or by the Court.
Regards,
Kara S. Miller, Esq.
Partner
Virginia & Ambinder, LLP
40 Broad Street, 7th Floor
New York, New York 10004
kmiller@vandallp.com
T 212 943 9080 | Direct 908 379 8243 | website
FILED: NEW YORK COUNTY CLERK 08/02/2021 09:55 AM INDEX NO. 154446/2020
NYSCEF DOC. NO. 47 RECEIVED NYSCEF: 08/02/2021
-------------------------------------------
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may contain privileged and confidential information intended only for the use of the individual(s)
named above. If you are not an intended recipient of this e-mail, or the employee or agent
responsible for delivering this to an intended recipient, you are hereby notified that any
dissemination or copying of this e-mail or disclosure of the information contained in this e-mail is
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telephone at (212) 943-9080 or by e-mail reply.
From: Rosalia Rios On Behalf Of David W. Garland
Sent: Tuesday, July 20, 2021 12:11 PM
To: Kara Miller
Cc: Jillian M. de Chavez-Lau
Subject: Kim v. White & Case, LLP, et al. - No. 154446/2020
On behalf of David W. Garland –
Please see the attached correspondence with enclosures in reference to the above matter.
Thank you.
David W. Garland | Bio
t 212.351.4708 | m 973.639.8266 | f 212.878.8600
DGarland@ebglaw.com
875 Third Avenue | New York, NY 10022
t 212.351.4500 | www.ebglaw.com
Think Green. Please consider the environment before you print this message. Thank you.
Rosalia Rios | Legal Secretary
t 973.639.8537 | f 973.642.0099
FILED: NEW YORK COUNTY CLERK 08/02/2021 09:55 AM INDEX NO. 154446/2020
NYSCEF DOC. NO. 47 RECEIVED NYSCEF: 08/02/2021
RRios@ebglaw.com
One Gateway Center | Newark, NJ 07102
t 973.642.1900 | www.ebglaw.com
CONFIDENTIALITY NOTE: This communication is intended only for the person or entity to which it is addressed and may contain
information that is privileged, confidential or otherwise protected from disclosure. Dissemination, distribution or copying of this
communication or the information herein by anyone other than the intended recipient, or an employee or agent responsible for
delivering the message to the intended recipient, is prohibited. If you have received this communication in error, please call the Help
Desk of Epstein Becker & Green, P.C. at (212) 351-4701 and destroy the original message and all copies. Pursuant to the CAN-SPAM Act
this communication may be considered an advertisement or solicitation. If you would prefer not to receive future marketing and
promotional mailings, please submit your request via email to ebgus@ebglaw.com or via postal mail to Epstein Becker & Green, P.C. Attn:
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Preview
FILED: NEW YORK COUNTY CLERK 08/02/2021 09:55 AM INDEX NO. 154446/2020 NYSCEF DOC. NO. 47 RECEIVED NYSCEF: 08/02/2021 From: David W. Garland To: Kara Miller Cc: Jillian M. de Chavez-Lau Subject: RE: Kim v. White & Case, LLP, et al. - No. 154446/2020 Date: Friday, July 23, 2021 12:51:04 PM Kara, We’re following up with the revised subpoena to obtain information and documents which Ms. Kim admitted at her deposition that she does not have or know, all of which are relevant to her constructive discharge claim and her alleged damages. Ms. Kim’s failure to produce documents that defendants are seeking and her following testimony supports the need for the amended subpoena: • Ms. Kim did not recall the dates of her communications with Linda Park or Kaley Brock regarding potential employment at Cravath. • Ms. Kim does not have a copy of her employment application to Cravath. • Ms. Kim did not recall whether, in connection with her Cravath application, she provided references from White & Case. • Ms. Kim did not recall speaking to Ms. Brock in connection with her employment application. • Ms. Kim did not recall whether she spoke to Ms. Brock or other Cravath employees (including Vincent Pugliese, Steven Middlemas, Sue Sparks, and Weston Barker) and about the reasons she wanted to leave White & Case. • Ms. Kim did not recall when Ms. Brock verbally extended an offer to her. • Ms. Kim did not recall if or when she verbally accepted the offer before receiving the offer letter. • Ms. Kim did not recall when she discussed her potential start date with Ms. Brock. • Ms. Kim did not recall when she accepted the offer. • Ms. Kim does not possess a signed and dated version of her Cravath offer letter. • Ms. Kim did not recall when she provided her signed offer letter to Cravath. • Ms. Kim did not recall whether there were multiple versions of Cravath offer letter. As you know, the Court’s Order expressly stated that Defendants could serve such a subpoena, if after further discovery, they believe that the requested documents are relevant to the claims and defenses. That is the case here. As before, Defendants will not serve the subpoena until the Court rules upon your forthcoming motion for a protective order (which we trust you will promptly file). Thank you. David FILED: NEW YORK COUNTY CLERK 08/02/2021 09:55 AM INDEX NO. 154446/2020 NYSCEF DOC. NO. 47 RECEIVED NYSCEF: 08/02/2021 David W. Garland | Bio t 212.351.4708 | m 973.639.8266 | f 212.878.8600 DGarland@ebglaw.com 875 Third Avenue | New York, NY 10022 t 212.351.4500 | www.ebglaw.com From: Kara Miller Sent: Wednesday, July 21, 2021 6:15 PM To: David W. Garland Cc: Jillian M. de Chavez-Lau Subject: RE: Kim v. White & Case, LLP, et al. - No. 154446/2020 *** EXTERNAL EMAIL *** David, The Court’s February 16, 2021 Order said you would not be precluded from seeking to serve another subpoena on Cravath if discovery later revealed that such documents “would be relevant to the claims and defenses in this action.” Please state in detail why you believe the discovery you seek is relevant to the claims and defenses in this action. You also seek documents that were already previously denied because the information can be obtained from other sources that are less prejudicial than subpoenaing Plaintiff’s current employer. Please justify why you believe it is necessary to subpoena such documents from Cravath and what has changed from the last time the Court denied your requests for similar documents from Cravath. In the meantime, I object to the subpoena and will move to quash and for a protective order if necessary. Please confirm the subpoena will not be served pending resolution of my objections either by agreement or by the Court. Regards, Kara S. Miller, Esq. Partner Virginia & Ambinder, LLP 40 Broad Street, 7th Floor New York, New York 10004 kmiller@vandallp.com T 212 943 9080 | Direct 908 379 8243 | website FILED: NEW YORK COUNTY CLERK 08/02/2021 09:55 AM INDEX NO. 154446/2020 NYSCEF DOC. NO. 47 RECEIVED NYSCEF: 08/02/2021 ------------------------------------------- This e-mail (including any attachments) may be a privileged attorney-client communication and/or may contain privileged and confidential information intended only for the use of the individual(s) named above. If you are not an intended recipient of this e-mail, or the employee or agent responsible for delivering this to an intended recipient, you are hereby notified that any dissemination or copying of this e-mail or disclosure of the information contained in this e-mail is strictly prohibited. If you have received this e-mail in error, please immediately notify us by telephone at (212) 943-9080 or by e-mail reply. From: Rosalia Rios On Behalf Of David W. Garland Sent: Tuesday, July 20, 2021 12:11 PM To: Kara Miller Cc: Jillian M. de Chavez-Lau Subject: Kim v. White & Case, LLP, et al. - No. 154446/2020 On behalf of David W. Garland – Please see the attached correspondence with enclosures in reference to the above matter. Thank you. David W. Garland | Bio t 212.351.4708 | m 973.639.8266 | f 212.878.8600 DGarland@ebglaw.com 875 Third Avenue | New York, NY 10022 t 212.351.4500 | www.ebglaw.com Think Green. Please consider the environment before you print this message. Thank you. Rosalia Rios | Legal Secretary t 973.639.8537 | f 973.642.0099 FILED: NEW YORK COUNTY CLERK 08/02/2021 09:55 AM INDEX NO. 154446/2020 NYSCEF DOC. NO. 47 RECEIVED NYSCEF: 08/02/2021 RRios@ebglaw.com One Gateway Center | Newark, NJ 07102 t 973.642.1900 | www.ebglaw.com CONFIDENTIALITY NOTE: This communication is intended only for the person or entity to which it is addressed and may contain information that is privileged, confidential or otherwise protected from disclosure. Dissemination, distribution or copying of this communication or the information herein by anyone other than the intended recipient, or an employee or agent responsible for delivering the message to the intended recipient, is prohibited. If you have received this communication in error, please call the Help Desk of Epstein Becker & Green, P.C. at (212) 351-4701 and destroy the original message and all copies. Pursuant to the CAN-SPAM Act this communication may be considered an advertisement or solicitation. If you would prefer not to receive future marketing and promotional mailings, please submit your request via email to ebgus@ebglaw.com or via postal mail to Epstein Becker & Green, P.C. Attn: Marketing Department, 875 Third Avenue, New York, NY 10022. Be sure to include your email address if submitting your request via postal mail.