Preview
1 BLUIMENTHAL NORDREHAUG BHOWIMIK DE BLOUW L L P
Norman B. Blumenthal (State Bar #068687)
Kyle R. Nordrehaug (State Bar #205975)
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Aparajit Bhowmik (State Bar #248066) FILED/E^OOBSED
3 Nicholas De Blouw (State Bar #280922)
Victoria B. Rivapalacio (State Bar #275115) HAY - 7 2018
4 2255 Calle Clara
La Jolla, CA 92037
5 Telephone: (858)551-1223 By;. I. Gutierrez
Deputy Clerk
Facsimile: (858) 551-1232
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Attomeys for Plaintiff
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SUPERIOR COURT OF THE STATE OF CALIFORNIA
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IN AND FOR THE COUNTY OF SACRAMENTO
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14 ANDREA SPEARS an individual, on Case No. 34-2017-00210560-CU-OE-GDS
behalf of herself ana on behalf of all
15 persons similarly situated. CLASS ACTION
16 Plaintiff, DECLARATION OF MICHAEL
17 KUNKEL
vs.
18 Telephone Appearance
HEALTH NET OF CALIFORNIA,
19 INC., a California Corporation; and Hearing Date: Mav 10,2018
Does 1 through 50, Inclusive, Hearing Time: 9:00 a.m.
20 Judge: Christopher E. Krueger
Defendants. Dept.: 54
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Action Filed: April 5, 2017
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DECLARATION OF MICHAEL KUNKEL
CASE No. 34-2017-00210560
1 DECLARATION OF MICHAEL KUNKEL
2 I, Michael Kunkel, do hereby declare as follows:
3 1. I am the Director of Investigative Services of Setec Security Technologies, Inc. I
4 have personal knowledge ofthe facts set forth herein, except as to those stated on information
5 and belief and, as to those, I am informed and believe them to be tme. If called as a witness, I
6 could and would competently testify to the matters stated herein. I make this declaration in
7 support of Andrea Spears v Health Net of Cahfomia, Inc.
8 2. My job responsibilities as the Director of Investigative Services of Setec Security
9 Technologies, Inc. entail providing litigation support to attomeys, as well as leading our
10 computer forensic and electronic discovery specialists who work in our business unit, Setec
11 Investigations, which specializes in the discovery, collection, investigation, and production of
12 electronic information for investigating and handling computer-related crimes and misuse. In my
13 role with Setec Investigations, I work with government entities, local, state, and federal law
14 enforcement agencies, private attomeys, and corporations, and specialize specifically in
15 managing computer forensic investigations and providing thorough litigation support solutions. I
16 have been involved in over 2,750 computer forensic investigations and electronic discovery
17 engagements surrounding theft of intellectual property, trade secret misappropriation, fmancial
18 fraud, email and Intemet abuse, employee disputes, copyright infringement, industrial espionage,
19 disputed dismissals, and software code reviews, spoliation, among other engagements.
20 3. Prior to my employment at Setec Security Technologies, Inc., I was a digital
21 forensics examiner at Stroz Friedberg, LLC, where I led digital investigations and provided
22 expert guidance in a multitude of different litigations. Prior to working at Stroz Friedberg, I was
23 a Special Agent in the United States Air Force Office of Special Investigations. I was chief of the
24 Cyber Investigations and Operations at Yokota Air Base, Japan. I investigated countless
25 incidents of computer crime and led the Air Force's cyber counter-intelligence gathering efforts
26 throughout the Pacific region. I am a certified EnCase examiner through Guidance Software as
27 well as a Certified Information Systems Security Professional through ISC2.1 have also been a
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1 Department of Defense certified Computer Crime Investigator as well as a member of various
2 professional organizations related to computer forensics. My curriculum vitae is attached as
3 Exhibit A.
4 4. Specifically in support of wage and hour actions, Setec Investigations is
5 frequently provided with electronic information in the form of raw timecard reports, payroll
6 records, accounting data, and human resources modules directly from workstations, servers, and
7 other media devices acting as a repository of such relevant electronic information. Once we are
8 provided with such information, Setec Investigations is able to process the records they contain
9 to clearly depict relevant figures on a per shift, per pay period, or per year basis, as well as other
10 timeframes.Frequently, the computations entail using both the FLSA and Califomia schemas to
11 calculate unpaid wages, unrecognized overtime, off-the-clock wages, waiting time penahies,
12 meal break violations, and associated interest on these amounts.
13 5. Setec Investigations has performed data analysis, review, and reporting on a
14 variety of the accounting, payroll, and time and attendance systems utilized by employers,
15 including ADP, PeopleSoft, and Workforce EmpCenter. All oftiiesesystems are designed to manage
16 an entire workforcefroma centralized repository with the aim of enhancing productivity and ensuring the
17 workforce is achieving the greatest potential for the organization. On a tactical level, the centralized
18 repository takes into consideration state and federal laws and compliance requirements, tax implications,
19 salaries and benefits, payroll, time and labor, scheduling, and other core considerations of managing a
20 workforce.
21 6. In light of the sophistication of the report generation capabilities of ADP,
22 PeopleSoft, and Workforce EmpCenter, Setec Investigations has requested and received a variety
23 of different types of reports developed directly from these types of systems including, but not
24 limited to, timesheets, shift summaries, time management, absence tracking, schedules, payroll
25 summaries, summaries of late, missed, and short meal breaks, rest break summaries, paystub
26 entries, and summaries of final paychecks. Such reports are in the form of Excel spreadsheets or
27 flat textfilesthat can be directly imported into Excel or database programs, which are easily
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1 generated in mass across large quantities of employees and timeframes.Even in the case of raw
2 database dumps with no native application or user interface, the database data can still be
3 analyzed efficiently without significant impediment.
4 I declare under penalty of perjury under the laws of the State of Califomia that the
5 foregoing is tme and correct. Executed on May 7, 2018, at Dallas, Texas.
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8 fichael Kunkel
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Exhibit A.
INVESTIGATIONS
Curriculum Vitae
Michael Kunkel
Director of Investigative Services
(800) 748-5440
mkunkel@SetecInvestigations.com
www.SetecInvestigations.com
Mr. Michael Kunkel is Setec Investigations' Director of Investigative Services. Mr. Kunkel
possesses an extensive technical background, which is combined with a thorough education, time
served in the United States Air Force, and numerous certifications, including an EnCase
Certified Examiner (EnCE) by Guidance Software and as a Certified Information Security
Systems Professional by ISC . Mr. Kunkel's expertise in computer forensics and investigative
techniques allows him to successftilly provide corporations, lawfirms,and law enforcement
agencies with electronic evidence critical to the resolution of civil and criminal litigations and
lead these investigations in a professional manner.
Mr. Kunkel continuously supports public and private corporations, along with govenunent
entities through litigation support and expert witness services, leveraging his technical expertise,
imderstanding of the legal system, and real-world experience to produce cost-effective sfrategies
for the discovery, collection, and investigation of electronic evidence. In addition, Mr. Kunkel
participates in Setec Investigations' Computer Incident Response Team (CIRT) and applies his
real-world experience by performing corporate computer fraud and cybercrime investigations.
Mr. Kunkel has acted as a computer forensic investigator for private attomeys, law enforcement
agencies, corporations, insurance companies, and private individuals. Mr. Kunkel's involvement
in diverse investigations and litigations has spanned numerous areas, including:
Fraud Divorce & Family Law
Theft of Intellectual Property Asset Recovery
Trade Secret Misappropriation Defamation
Email & Intemet Abuse Industrial Espionage
Employee Disputes Disputed Dismissals
Patent Infiingement Software Code Review
Copyright Infringement Breach of Contract
Corporate Haadquarten
S39\ Beverty Blvd, * 167. Los .Angeles, CA 90048
rc! 323.939.559S Jc-ilfiee iOQ..I.iS.5440 Fax 323.939. .481
wYAv.Serec!rivestigalion.->,co.m
PROFESSIONAL E X P E R I E N C E :
Director of Investigative Services, Setec Security Technologies, Inc. (September 2011 to
Present)
• Leads and participates on computer forensic investigations and electronic discovery
activities as a skilled high-tech investigator and project manager, regularly focusing
on corporate computer fraud and cybercrime investigations.
• Provides litigation support advisory assistance to attomeys to advance computer
forensic and elecfronic discovery efforts, satisfy discovery requests, and compel
inspections.
• Acts as a computer forensic investigator for private attomeys, law enforcement
agencies, corporations, insurance companies, and private individuals involved in
diverse investigations and litigations spanning numerous areas, including, but not
limited to: fraud, theft of intellectual property, trade secret misappropriation, email
and intemet abuse, employee disputes, sexual harassment, and breach of contract.
Digital Forensic Examiner, Stroz Friedberg L.L.C., San Francisco (August 2009 to
September 2011)
• Conducted digital forensic acquisitions and analyses of laptops, desktops, and servers
in civil litigations, criminal matters, and intemal investigations.
• Developed and programed customized utilities for use in the processing of electronic
data, increasing the efficiency of elecfronic discovery processes.
• Performed large-scale elecfronic discovery involving the preservation, processing,
and production of elecfronic data from a variety of digital sources.
United States Air Force, Chief of Cyber Investigations & Operations, Office of Special
Investigations (AFOSI), Yokota Air Base, Japan (August 2006 to August 2009)
• Supervised, planned, coordinated, and implemented all cyber counterintelligence
operations and network intmsion investigations conducted by the Air Force, from the
Hom of Afiica to the International Date Line.
• Led a team of Special Agents providing cyber investigative and computer forensic
support to a multitude of criminal and counterintelligence cases covering 8 locations
and providing consultations to over one hundred field agents.
• Provided specialized briefings to other govemment agencies and Air Force leadership
conceming the threats to the U.S. network infrastmcture from foreign intelligence
services.
• Conducted extensive liaison with high-level Japanese, Korean, and U.S. military and
law enforcement counterparts regarding threats to their networks.
Michael Kunkel - Curriculum Vitae
United States Air Force, Global War on Terrorism, Operation Iraqi Freedom, Iraq,
(September 2008 to March 2009)
• Deployed to fraq as part of a Joint Special Operations Task Force working alongside
members of each service and civilians to counter the Iraqi insurgency and establish
stability in the region.
United States Air Force, Computer Crime Investigator, Travis Air Force Base, Califomia
(December 2005 to August 2006)
• Planned, coordinated, and implemented cyber counterintelligence operations in the
westem United States.
• Served as the primary investigator on network intmsion investigations involving US
Air Force assets.
• Provided cyber investigative consultation and computer forensic analysis to 17 other
Air Force field investigative units.
• Testified in multiple court martial proceedings.
United States Air Force, Criminal Investigator, Travis Air Force Base, California, (June
2004 to December 2005)
• Acted as primary investigator for felony-level crimes including: murder, rape, child
molestation, dmgs, blackmail, and fraud.
• Assisted m the apprehension and subsequent incarceration of multiple Air Force
criminals.
• Wrote reports and provided testimony in multiple court-martial proceedings.
PROFESSIONAL CERTIFICATIONS
• EnCase Certified Examiner, 2010.
• Certified Information Security Systems Professional, 2009.
• DoD-Certified Computer Crime Investigator, 2006.
• DoD-Certified Computer Forensic Examiner, 2005.
S E L E C T I O N OF PROFESSIONAL TRAINING
• STROZ FRIEDBERG, Intemal Training Program - Attended weekly in-house training
presentations on digital forensics, cybercrime response, computer security, desktop and
network forensics tools, and relevant legal topics.
• DEFENSE CYBER INVESTIGATIONS TRAINING ACADEMY - Excelled in 500
hours of formal cyber investigative training in Networks and Computer Hardware,
Incident Response, Windows Forensic Examinations, Forensics and Intmsions in
Windows and Linux Environments, Network Monitoring, Online Undercover
Techniques, and Malicious Code Analysis.
Michael Kunkel - Curriculum Vitae - 3-
• UNITED STATES AIR FORCE SPECIAL INVESTIGATIONS ACADEMY -
Credentialed as a Special Agent of the United States Govemment.
• FEDERAL LAW ENFORCEMENT TRAINING CENTER - Criminal hivestigator's
Training Program.
EDUCATION
• 2008, UNIVERSITY OF TEXAS AT DALLAS, M.B.A., Business
• 2004, UNITED STATES NAVAL ACADEMY, B.S., Systems Engineering
SELECTION OF TESTIMONY EXPERIENCE
• United States v Mirabal, Case No: Unknown, United States Air Force Court Martial,
Nellis Air Force Base, Nevada, April 2006.
• United States v Turner, Case No: Unknown, United States Air Force Court Martial,
Travis Air Force Base, Califomia, January 2007.
• United States v Chapman, Case No: Unknown, United States Air Force Court Martial,
Travis Air Force Base, Califomia, January 2007.
• United States v Cann, Case No: Unknown, United States Air Force Court Martial,
Elmendorf Air Force Base, Alaska, January 2007.
• United States v Ruddy, Case No: Unknown, United States Air Force Court Martial,
Travis Air Force Base, Califomia, June 2007.
• Denise Winters v Coimty of Solano, Case No: FCS035144, Superior Court of Cahfomia,
Solano County, Califomia, October 2011.
• Bmce W. Ballai v Kiewitt, Case No: 10CV09827, Disfrict Court of Johnson County
Kansas, Johnson County, Kansas, Febmary 2012.
• Hummer Constmction, Inc. v Aidlin General Tmst, et al., Case No: BC449181, Superior
Court of Cahfomia, Los Angeles County, Califomia, May 2012.
• Bergstein, et al. v. Tregub, et al.. Case No: BC434558, Superior Court of Califomia, Lbs
Angeles County, Cahfomia, September 2012.
• SMH Capital Advisors, Inc. v. Jimmy Day, FINRA Case No: 12-03291, FINRA
Arbifration, Dallas, Texas, October 2012, March 2013.
• Videotech Services, Inc. v. Edward Abdalla, David Santos, Timothy Rodriquez, Timothy
Woolsey, H.F. Woolsey Corporation d/h/a The Crew Source, Case No. SCI05947,
Superior Court of Cahfomia, Los Angeles County, California, January 2013, July 2014.
• RPMx Constmction, LLC, v. Brian Colin and Earth Basics Confracting Corporation,
Case No. 417-02459-2013, Disfrict Court, 417 Judicial Disfrict, Collin County, Texas,
July 2013.
Michael Kunkel - Curriculum Vitae
Pavez Insurance Agency, Inc. DBA CPI Financial & Insurance Services vs. Sandra M.
Best and Does 1 to 10, Inclusive, Case No. CIVSS 818321, Superior Court ofCalifornia,
San Bemardino County, Califomia, September 2013, October 2013.
Slaymaker v Armsfrong Financial Group, Case No. 37-2012-00054141-CU-OE-NC,
Superior Court of Califomia, San Diego County, Califomia, April 2014.
Dupree, Sulatycky, O'Brien, Giron, and Morales v Sajahtera, Inc., Case No. BC463162,
Superior Court ofCalifornia, Los Angeles County, Califomia, July 2014.
Rebecca Lewis v Alexandria Gramercy, LLC; Urban Brokerage, Inc., Case No.
BC497235, Superior Court of California, Los Angeles County, Cahfomia, August 2014.
Compak Securities, Inc., v Olandj, McDonald, and Orama, JAMS Reference No.
1200047466, JAMS Arbitration, Los Angeles, Califomia, August 2014.
Stephen Welsh v Ryder Tmck Rental, INC., and Navistar Intemational Corporation; Case
No. 37-2012-00085385-CU-PO-CTL, Superior Court of Califomia, San Diego County,
Califomia, September 2014.
Archie Roundtree v Los Angeles Unified School District, Gerardo Loera, Ari Bennett,
Adriana Maldonado-Gomez and Does 1-30, Case No. BC 499893, Superior Court of
Califomia, Los Angeles County, Califomia, November 2014.
InfoSpan, Inc. v Emirates NBD Bank PJSC, Case No. 8:11-CVO1062 JVS (ANx), United
States District Court, Central District of Califomia, Southern Division, January 2015.
Luminant Generation Company, LLC, vs Jennifer Morrison, T. Jeff Stone, and T. Jeff
Stone & Associates, LLC, Cause No. 416-03151-2013, Disfrict Court of Collin County,
Texas, 416* Judicial District, Febmary 2015.
Procaps S.A. v Patheon Inc., Case No. l:12-cv-24356-JG, United States District Court,
Southern District of Florida, Miami Division, June 2015.
Central Medical Diagnostic Laboratory, Inc., v Brian Patchett, Michael Lumkin,
Cahfomia Laboratory Sciences LLC, Case No. 30-2013-00628124, Superior Court of
Cahfomia, County of Orange - Cenfral Justice Center, Califomia, Febmary 2015,
September 2015.
Cat 3, LLC, SXH, LLC, and Suchman, LLC, v Black Lmeage, Inc., and Vahe Estepanian
a/k/a Fletch Estepanian, Case N. 14-cv-5511 (AT), United States District Court, Southern
District of New York, Califomia, October 2015, New York, December 2015.
Charles M. Natcher, Jr., v JPH Consulting, INC., Case No. 56-2013-0446158-CU-WT-
VTA, Superior Court ofthe State ofCalifornia, Ventura County - Hall of Justice,
Arbifration, Califomia, January 2016.
American Lighting Inc, Neo-Neon Led USA Holdings Ltd and Tivoli LLC, v Targetti
Sankey, S p A, et al., Case No. 14-01285-DOC, United States Disfrict Court for the
Cenfral Disfrict of California, Southem Division, Califomia, Febmary 2016!
Michael Kunkel - Curriculum Vitae - 5-
Bombardier Inc. v Fabio Rebello, Case No. 2014-CA-OO1878-0, Circuit Court ofthe
Ninth Judicial Circuit In And For Orange County, Florida, Texas, Febmary 2016.
CoreLogic, Inc. v First American Financial Corporation, Case No. A213700, Judicate
West Arbifration, Califomia, April 2016.
Integrated Instmment Services, Inc. v Aziz Rahim and Pippets Pro, LLC, Cause No.
201613511, 165*^ Judicial District, District Court of Harris County, Texas, May 2016.
Chaowen Zhong v Eaton Escrow, Inc, Case No. 37-2015-00006141-CU-PN-CTL,
Superior Court ofthe State of Califomia, San Diego County, California, May 2016.
Building Materials Corporation of America dba GAF Materials Corporation v Paramount
Petroleum Corporation, Case No. BC 481673, Superior Court of the State of Califomia,
Los Angeles County, Califomia, July 2016.
The Regents of the University of Califomia v Paul S. Aisen, et. al.. Case No. 3:15-cv-
01766-BEN-JLB, United States District Court, Southem District of Califomia,
Califomia, December 2016.
Alessandro Camara v CG. Motor Sports, Inc., Case No. CFVDS1517958, Superior Court
ofthe State ofCalifornia, County of San Bemardino, Califomia, January 2017.
Fiber Systems Intemational, Inc. v. Michael Dabrowski, Case No. 417-05506-2016,
District Court of Collin County, Texas, 417th District Court, McKinney, Texas, Febmary
2017.
FaxLogic, LLC v Matthew Thornton, Cause No. DC-15-07964, District Court of Dallas,
Texas, 193"* Judicial District, Dallas, Texas, October 2016, May 2017.
Aerovironment, Inc. v. Torres, McAlhster, McBride, Micasense Inc., Case No. 56-2015-
00465460-CU-BC-VTA, Superior Court ofthe State ofCalifornia, Ventura County,
Califomia, June 2017.
CP Kelco U.S., fric. V. Chienkuo Yuan, Case No. 37-2015-00022453-CU-BT-CTL,
Superior Court of the State of Califomia, County of San Diego, Califomia, March 2017,
August 2017.
Tracey Downey-Racen v. Healthy Gourmet, LLC, Case No. 30-2012-00619381-CU-BC-
CJC, Superior Court ofthe State ofCalifornia, Coimty of Orange, Cahfomia, October
2017.
The New Home Company v. Jay Bartell and Ginger Marin, Case No. BC607130,
Superior Court of the State of Califomia, County of Los Angeles, Califomia, October
2017.
Michael Kunkel - Curriculum Vitae - 6-
^ , r-w 'r i.'j: 'fi \ U 'j J " - ^ ' '
Preview
1 BLUIMENTHAL NORDREHAUG BHOWIMIK DE BLOUW L L P Norman B. Blumenthal (State Bar #068687) Kyle R. Nordrehaug (State Bar #205975) 2 Aparajit Bhowmik (State Bar #248066) FILED/E^OOBSED 3 Nicholas De Blouw (State Bar #280922) Victoria B. Rivapalacio (State Bar #275115) HAY - 7 2018 4 2255 Calle Clara La Jolla, CA 92037 5 Telephone: (858)551-1223 By;. I. Gutierrez Deputy Clerk Facsimile: (858) 551-1232 6 Attomeys for Plaintiff 7 8 9 10 SUPERIOR COURT OF THE STATE OF CALIFORNIA 11 IN AND FOR THE COUNTY OF SACRAMENTO 12 13 14 ANDREA SPEARS an individual, on Case No. 34-2017-00210560-CU-OE-GDS behalf of herself ana on behalf of all 15 persons similarly situated. CLASS ACTION 16 Plaintiff, DECLARATION OF MICHAEL 17 KUNKEL vs. 18 Telephone Appearance HEALTH NET OF CALIFORNIA, 19 INC., a California Corporation; and Hearing Date: Mav 10,2018 Does 1 through 50, Inclusive, Hearing Time: 9:00 a.m. 20 Judge: Christopher E. Krueger Defendants. Dept.: 54 21 Action Filed: April 5, 2017 22 23 24 25 26 27 28 DECLARATION OF MICHAEL KUNKEL CASE No. 34-2017-00210560 1 DECLARATION OF MICHAEL KUNKEL 2 I, Michael Kunkel, do hereby declare as follows: 3 1. I am the Director of Investigative Services of Setec Security Technologies, Inc. I 4 have personal knowledge ofthe facts set forth herein, except as to those stated on information 5 and belief and, as to those, I am informed and believe them to be tme. If called as a witness, I 6 could and would competently testify to the matters stated herein. I make this declaration in 7 support of Andrea Spears v Health Net of Cahfomia, Inc. 8 2. My job responsibilities as the Director of Investigative Services of Setec Security 9 Technologies, Inc. entail providing litigation support to attomeys, as well as leading our 10 computer forensic and electronic discovery specialists who work in our business unit, Setec 11 Investigations, which specializes in the discovery, collection, investigation, and production of 12 electronic information for investigating and handling computer-related crimes and misuse. In my 13 role with Setec Investigations, I work with government entities, local, state, and federal law 14 enforcement agencies, private attomeys, and corporations, and specialize specifically in 15 managing computer forensic investigations and providing thorough litigation support solutions. I 16 have been involved in over 2,750 computer forensic investigations and electronic discovery 17 engagements surrounding theft of intellectual property, trade secret misappropriation, fmancial 18 fraud, email and Intemet abuse, employee disputes, copyright infringement, industrial espionage, 19 disputed dismissals, and software code reviews, spoliation, among other engagements. 20 3. Prior to my employment at Setec Security Technologies, Inc., I was a digital 21 forensics examiner at Stroz Friedberg, LLC, where I led digital investigations and provided 22 expert guidance in a multitude of different litigations. Prior to working at Stroz Friedberg, I was 23 a Special Agent in the United States Air Force Office of Special Investigations. I was chief of the 24 Cyber Investigations and Operations at Yokota Air Base, Japan. I investigated countless 25 incidents of computer crime and led the Air Force's cyber counter-intelligence gathering efforts 26 throughout the Pacific region. I am a certified EnCase examiner through Guidance Software as 27 well as a Certified Information Systems Security Professional through ISC2.1 have also been a 28 1 Department of Defense certified Computer Crime Investigator as well as a member of various 2 professional organizations related to computer forensics. My curriculum vitae is attached as 3 Exhibit A. 4 4. Specifically in support of wage and hour actions, Setec Investigations is 5 frequently provided with electronic information in the form of raw timecard reports, payroll 6 records, accounting data, and human resources modules directly from workstations, servers, and 7 other media devices acting as a repository of such relevant electronic information. Once we are 8 provided with such information, Setec Investigations is able to process the records they contain 9 to clearly depict relevant figures on a per shift, per pay period, or per year basis, as well as other 10 timeframes.Frequently, the computations entail using both the FLSA and Califomia schemas to 11 calculate unpaid wages, unrecognized overtime, off-the-clock wages, waiting time penahies, 12 meal break violations, and associated interest on these amounts. 13 5. Setec Investigations has performed data analysis, review, and reporting on a 14 variety of the accounting, payroll, and time and attendance systems utilized by employers, 15 including ADP, PeopleSoft, and Workforce EmpCenter. All oftiiesesystems are designed to manage 16 an entire workforcefroma centralized repository with the aim of enhancing productivity and ensuring the 17 workforce is achieving the greatest potential for the organization. On a tactical level, the centralized 18 repository takes into consideration state and federal laws and compliance requirements, tax implications, 19 salaries and benefits, payroll, time and labor, scheduling, and other core considerations of managing a 20 workforce. 21 6. In light of the sophistication of the report generation capabilities of ADP, 22 PeopleSoft, and Workforce EmpCenter, Setec Investigations has requested and received a variety 23 of different types of reports developed directly from these types of systems including, but not 24 limited to, timesheets, shift summaries, time management, absence tracking, schedules, payroll 25 summaries, summaries of late, missed, and short meal breaks, rest break summaries, paystub 26 entries, and summaries of final paychecks. Such reports are in the form of Excel spreadsheets or 27 flat textfilesthat can be directly imported into Excel or database programs, which are easily 28 1 generated in mass across large quantities of employees and timeframes.Even in the case of raw 2 database dumps with no native application or user interface, the database data can still be 3 analyzed efficiently without significant impediment. 4 I declare under penalty of perjury under the laws of the State of Califomia that the 5 foregoing is tme and correct. Executed on May 7, 2018, at Dallas, Texas. 6 7 8 fichael Kunkel 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Exhibit A. INVESTIGATIONS Curriculum Vitae Michael Kunkel Director of Investigative Services (800) 748-5440 mkunkel@SetecInvestigations.com www.SetecInvestigations.com Mr. Michael Kunkel is Setec Investigations' Director of Investigative Services. Mr. Kunkel possesses an extensive technical background, which is combined with a thorough education, time served in the United States Air Force, and numerous certifications, including an EnCase Certified Examiner (EnCE) by Guidance Software and as a Certified Information Security Systems Professional by ISC . Mr. Kunkel's expertise in computer forensics and investigative techniques allows him to successftilly provide corporations, lawfirms,and law enforcement agencies with electronic evidence critical to the resolution of civil and criminal litigations and lead these investigations in a professional manner. Mr. Kunkel continuously supports public and private corporations, along with govenunent entities through litigation support and expert witness services, leveraging his technical expertise, imderstanding of the legal system, and real-world experience to produce cost-effective sfrategies for the discovery, collection, and investigation of electronic evidence. In addition, Mr. Kunkel participates in Setec Investigations' Computer Incident Response Team (CIRT) and applies his real-world experience by performing corporate computer fraud and cybercrime investigations. Mr. Kunkel has acted as a computer forensic investigator for private attomeys, law enforcement agencies, corporations, insurance companies, and private individuals. Mr. Kunkel's involvement in diverse investigations and litigations has spanned numerous areas, including: Fraud Divorce & Family Law Theft of Intellectual Property Asset Recovery Trade Secret Misappropriation Defamation Email & Intemet Abuse Industrial Espionage Employee Disputes Disputed Dismissals Patent Infiingement Software Code Review Copyright Infringement Breach of Contract Corporate Haadquarten S39\ Beverty Blvd, * 167. Los .Angeles, CA 90048 rc! 323.939.559S Jc-ilfiee iOQ..I.iS.5440 Fax 323.939. .481 wYAv.Serec!rivestigalion.->,co.m PROFESSIONAL E X P E R I E N C E : Director of Investigative Services, Setec Security Technologies, Inc. (September 2011 to Present) • Leads and participates on computer forensic investigations and electronic discovery activities as a skilled high-tech investigator and project manager, regularly focusing on corporate computer fraud and cybercrime investigations. • Provides litigation support advisory assistance to attomeys to advance computer forensic and elecfronic discovery efforts, satisfy discovery requests, and compel inspections. • Acts as a computer forensic investigator for private attomeys, law enforcement agencies, corporations, insurance companies, and private individuals involved in diverse investigations and litigations spanning numerous areas, including, but not limited to: fraud, theft of intellectual property, trade secret misappropriation, email and intemet abuse, employee disputes, sexual harassment, and breach of contract. Digital Forensic Examiner, Stroz Friedberg L.L.C., San Francisco (August 2009 to September 2011) • Conducted digital forensic acquisitions and analyses of laptops, desktops, and servers in civil litigations, criminal matters, and intemal investigations. • Developed and programed customized utilities for use in the processing of electronic data, increasing the efficiency of elecfronic discovery processes. • Performed large-scale elecfronic discovery involving the preservation, processing, and production of elecfronic data from a variety of digital sources. United States Air Force, Chief of Cyber Investigations & Operations, Office of Special Investigations (AFOSI), Yokota Air Base, Japan (August 2006 to August 2009) • Supervised, planned, coordinated, and implemented all cyber counterintelligence operations and network intmsion investigations conducted by the Air Force, from the Hom of Afiica to the International Date Line. • Led a team of Special Agents providing cyber investigative and computer forensic support to a multitude of criminal and counterintelligence cases covering 8 locations and providing consultations to over one hundred field agents. • Provided specialized briefings to other govemment agencies and Air Force leadership conceming the threats to the U.S. network infrastmcture from foreign intelligence services. • Conducted extensive liaison with high-level Japanese, Korean, and U.S. military and law enforcement counterparts regarding threats to their networks. Michael Kunkel - Curriculum Vitae United States Air Force, Global War on Terrorism, Operation Iraqi Freedom, Iraq, (September 2008 to March 2009) • Deployed to fraq as part of a Joint Special Operations Task Force working alongside members of each service and civilians to counter the Iraqi insurgency and establish stability in the region. United States Air Force, Computer Crime Investigator, Travis Air Force Base, Califomia (December 2005 to August 2006) • Planned, coordinated, and implemented cyber counterintelligence operations in the westem United States. • Served as the primary investigator on network intmsion investigations involving US Air Force assets. • Provided cyber investigative consultation and computer forensic analysis to 17 other Air Force field investigative units. • Testified in multiple court martial proceedings. United States Air Force, Criminal Investigator, Travis Air Force Base, California, (June 2004 to December 2005) • Acted as primary investigator for felony-level crimes including: murder, rape, child molestation, dmgs, blackmail, and fraud. • Assisted m the apprehension and subsequent incarceration of multiple Air Force criminals. • Wrote reports and provided testimony in multiple court-martial proceedings. PROFESSIONAL CERTIFICATIONS • EnCase Certified Examiner, 2010. • Certified Information Security Systems Professional, 2009. • DoD-Certified Computer Crime Investigator, 2006. • DoD-Certified Computer Forensic Examiner, 2005. S E L E C T I O N OF PROFESSIONAL TRAINING • STROZ FRIEDBERG, Intemal Training Program - Attended weekly in-house training presentations on digital forensics, cybercrime response, computer security, desktop and network forensics tools, and relevant legal topics. • DEFENSE CYBER INVESTIGATIONS TRAINING ACADEMY - Excelled in 500 hours of formal cyber investigative training in Networks and Computer Hardware, Incident Response, Windows Forensic Examinations, Forensics and Intmsions in Windows and Linux Environments, Network Monitoring, Online Undercover Techniques, and Malicious Code Analysis. Michael Kunkel - Curriculum Vitae - 3- • UNITED STATES AIR FORCE SPECIAL INVESTIGATIONS ACADEMY - Credentialed as a Special Agent of the United States Govemment. • FEDERAL LAW ENFORCEMENT TRAINING CENTER - Criminal hivestigator's Training Program. EDUCATION • 2008, UNIVERSITY OF TEXAS AT DALLAS, M.B.A., Business • 2004, UNITED STATES NAVAL ACADEMY, B.S., Systems Engineering SELECTION OF TESTIMONY EXPERIENCE • United States v Mirabal, Case No: Unknown, United States Air Force Court Martial, Nellis Air Force Base, Nevada, April 2006. • United States v Turner, Case No: Unknown, United States Air Force Court Martial, Travis Air Force Base, Califomia, January 2007. • United States v Chapman, Case No: Unknown, United States Air Force Court Martial, Travis Air Force Base, Califomia, January 2007. • United States v Cann, Case No: Unknown, United States Air Force Court Martial, Elmendorf Air Force Base, Alaska, January 2007. • United States v Ruddy, Case No: Unknown, United States Air Force Court Martial, Travis Air Force Base, Califomia, June 2007. • Denise Winters v Coimty of Solano, Case No: FCS035144, Superior Court of Cahfomia, Solano County, Califomia, October 2011. • Bmce W. Ballai v Kiewitt, Case No: 10CV09827, Disfrict Court of Johnson County Kansas, Johnson County, Kansas, Febmary 2012. • Hummer Constmction, Inc. v Aidlin General Tmst, et al., Case No: BC449181, Superior Court of Cahfomia, Los Angeles County, Califomia, May 2012. • Bergstein, et al. v. Tregub, et al.. Case No: BC434558, Superior Court of Califomia, Lbs Angeles County, Cahfomia, September 2012. • SMH Capital Advisors, Inc. v. Jimmy Day, FINRA Case No: 12-03291, FINRA Arbifration, Dallas, Texas, October 2012, March 2013. • Videotech Services, Inc. v. Edward Abdalla, David Santos, Timothy Rodriquez, Timothy Woolsey, H.F. Woolsey Corporation d/h/a The Crew Source, Case No. SCI05947, Superior Court of Cahfomia, Los Angeles County, California, January 2013, July 2014. • RPMx Constmction, LLC, v. Brian Colin and Earth Basics Confracting Corporation, Case No. 417-02459-2013, Disfrict Court, 417 Judicial Disfrict, Collin County, Texas, July 2013. Michael Kunkel - Curriculum Vitae Pavez Insurance Agency, Inc. DBA CPI Financial & Insurance Services vs. Sandra M. Best and Does 1 to 10, Inclusive, Case No. CIVSS 818321, Superior Court ofCalifornia, San Bemardino County, Califomia, September 2013, October 2013. Slaymaker v Armsfrong Financial Group, Case No. 37-2012-00054141-CU-OE-NC, Superior Court of Califomia, San Diego County, Califomia, April 2014. Dupree, Sulatycky, O'Brien, Giron, and Morales v Sajahtera, Inc., Case No. BC463162, Superior Court ofCalifornia, Los Angeles County, Califomia, July 2014. Rebecca Lewis v Alexandria Gramercy, LLC; Urban Brokerage, Inc., Case No. BC497235, Superior Court of California, Los Angeles County, Cahfomia, August 2014. Compak Securities, Inc., v Olandj, McDonald, and Orama, JAMS Reference No. 1200047466, JAMS Arbitration, Los Angeles, Califomia, August 2014. Stephen Welsh v Ryder Tmck Rental, INC., and Navistar Intemational Corporation; Case No. 37-2012-00085385-CU-PO-CTL, Superior Court of Califomia, San Diego County, Califomia, September 2014. Archie Roundtree v Los Angeles Unified School District, Gerardo Loera, Ari Bennett, Adriana Maldonado-Gomez and Does 1-30, Case No. BC 499893, Superior Court of Califomia, Los Angeles County, Califomia, November 2014. InfoSpan, Inc. v Emirates NBD Bank PJSC, Case No. 8:11-CVO1062 JVS (ANx), United States District Court, Central District of Califomia, Southern Division, January 2015. Luminant Generation Company, LLC, vs Jennifer Morrison, T. Jeff Stone, and T. Jeff Stone & Associates, LLC, Cause No. 416-03151-2013, Disfrict Court of Collin County, Texas, 416* Judicial District, Febmary 2015. Procaps S.A. v Patheon Inc., Case No. l:12-cv-24356-JG, United States District Court, Southern District of Florida, Miami Division, June 2015. Central Medical Diagnostic Laboratory, Inc., v Brian Patchett, Michael Lumkin, Cahfomia Laboratory Sciences LLC, Case No. 30-2013-00628124, Superior Court of Cahfomia, County of Orange - Cenfral Justice Center, Califomia, Febmary 2015, September 2015. Cat 3, LLC, SXH, LLC, and Suchman, LLC, v Black Lmeage, Inc., and Vahe Estepanian a/k/a Fletch Estepanian, Case N. 14-cv-5511 (AT), United States District Court, Southern District of New York, Califomia, October 2015, New York, December 2015. Charles M. Natcher, Jr., v JPH Consulting, INC., Case No. 56-2013-0446158-CU-WT- VTA, Superior Court ofthe State ofCalifornia, Ventura County - Hall of Justice, Arbifration, Califomia, January 2016. American Lighting Inc, Neo-Neon Led USA Holdings Ltd and Tivoli LLC, v Targetti Sankey, S p A, et al., Case No. 14-01285-DOC, United States Disfrict Court for the Cenfral Disfrict of California, Southem Division, Califomia, Febmary 2016! Michael Kunkel - Curriculum Vitae - 5- Bombardier Inc. v Fabio Rebello, Case No. 2014-CA-OO1878-0, Circuit Court ofthe Ninth Judicial Circuit In And For Orange County, Florida, Texas, Febmary 2016. CoreLogic, Inc. v First American Financial Corporation, Case No. A213700, Judicate West Arbifration, Califomia, April 2016. Integrated Instmment Services, Inc. v Aziz Rahim and Pippets Pro, LLC, Cause No. 201613511, 165*^ Judicial District, District Court of Harris County, Texas, May 2016. Chaowen Zhong v Eaton Escrow, Inc, Case No. 37-2015-00006141-CU-PN-CTL, Superior Court ofthe State of Califomia, San Diego County, California, May 2016. Building Materials Corporation of America dba GAF Materials Corporation v Paramount Petroleum Corporation, Case No. BC 481673, Superior Court of the State of Califomia, Los Angeles County, Califomia, July 2016. The Regents of the University of Califomia v Paul S. Aisen, et. al.. Case No. 3:15-cv- 01766-BEN-JLB, United States District Court, Southem District of Califomia, Califomia, December 2016. Alessandro Camara v CG. Motor Sports, Inc., Case No. CFVDS1517958, Superior Court ofthe State ofCalifornia, County of San Bemardino, Califomia, January 2017. Fiber Systems Intemational, Inc. v. Michael Dabrowski, Case No. 417-05506-2016, District Court of Collin County, Texas, 417th District Court, McKinney, Texas, Febmary 2017. FaxLogic, LLC v Matthew Thornton, Cause No. DC-15-07964, District Court of Dallas, Texas, 193"* Judicial District, Dallas, Texas, October 2016, May 2017. Aerovironment, Inc. v. Torres, McAlhster, McBride, Micasense Inc., Case No. 56-2015- 00465460-CU-BC-VTA, Superior Court ofthe State ofCalifornia, Ventura County, Califomia, June 2017. CP Kelco U.S., fric. V. Chienkuo Yuan, Case No. 37-2015-00022453-CU-BT-CTL, Superior Court of the State of Califomia, County of San Diego, Califomia, March 2017, August 2017. Tracey Downey-Racen v. Healthy Gourmet, LLC, Case No. 30-2012-00619381-CU-BC- CJC, Superior Court ofthe State ofCalifornia, Coimty of Orange, Cahfomia, October 2017. The New Home Company v. Jay Bartell and Ginger Marin, Case No. BC607130, Superior Court of the State of Califomia, County of Los Angeles, Califomia, October 2017. Michael Kunkel - Curriculum Vitae - 6- ^ , r-w 'r i.'j: 'fi \ U 'j J " - ^ ' '