On July 14, 2018 a
Exhibit,Appendix
was filed
involving a dispute between
Ellyn Berk,
Pamela Goldstein,
Paul Benjamin,
Tony Berk,
and
Houlihan Lawrence Inc.,
for Commercial Division
in the District Court of Westchester County.
Preview
FILED: WESTCHESTER COUNTY CLERK 01/03/2023 06:25 PM INDEX NO. 60767/2018
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EXHIBIT 2
(REDACTED)
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156 E. Market Street
Suite 1200
Indianapolis, IN 46204
www.MacGillLaw.com
Robert D. MacGill
317.906.5085
Robert.MacGill@MacGillLaw.com
Via Email
August 18, 2022
Jeremy Vest
Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.
Chrysler Center
666 Third Avenue
New York NY 10017
William Ohlemeyer
Boies Schiller Flexner LLP
333 Main Street
Armonk, NY 10504
RE: In House Bonus Records (16th R&R page 12)
Dear Counsel,
We write regarding your requests for documents sufficient to show agents on Houlihan
Lawrence’s 50/50 and in house bonus plans during the class period.
The lists of associates who at some point had a 50/50 plus bonus or IHB compensation
plan applied were identified through data originating from the Company’s ProfitPower system.
Agents were identified by reviewing the commission plan applied to listing or selling agents on
transactions recorded as a residential, closed, sales transaction for which the Company
represented both sides. The transaction close date was between 1/1/2011 and 7/14/2018 and had
a zip code or city value in Dutchess, Putnam, or Westchester County. The zip code and city
values were mapped to counties using USPS data.
The lists include those agents that had a recorded 50/50 plus bonus or IHB compensation
plan that was automatically applied.1 The 50/50 plus bonus plan was recorded as ‘Standard 50/50
Plan’. IHB plans were identified as those plans for which the associate’s percentage of
commission received was higher if a transaction took place with an in-house associate compared
to an outside brokerage.
1
“Manual overrides” were evaluated and accounted for to the extent possible at this time. Please recall that sales
agents’ compensation plans are individually negotiated, can change over time, and can vary from transaction to
transaction. You cannot take this list and make the general assumption that every transaction by every agent on this
list involved an in house bonus. Such investigation requires individual inquiry into each transaction using at least
data and documents.
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Jeremy Vest
William Ohlemeyer
August 18, 2022
Page 2
The lists are distinct lists of associate names. Associates may have had the compensation
plan(s) in question applied on one or more than one transaction(s) during the time period within
the parameters described above. Additionally, those associates who had a 50/50 plus bonus
compensation plan may be included in both lists of associates.
We designate the lists HIGHLY CONFIDENTIAL under the Protective Order.
Best regards.
Very truly yours,
Robert D. MacGill
cc: Matthew Ciulla, Alfred Donnellan, Nelida Lara
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Document Filed Date
January 03, 2023
Case Filing Date
July 14, 2018
Category
Commercial Division
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