Preview
FILED: NEW YORK COUNTY CLERK 05/31/2024 11:43 PM INDEX NO. 651341/2020
NYSCEF DOC. NO. 175 RECEIVED NYSCEF: 05/31/2024
9/12/2023 Bruce Kim v. XP Securities, LLC et al. Bruce Kim
Confidential - Under the Protective Order
1 3
SUPREME COURT OF THE STATE OF 1 A P P E A R A N C E S
NEW YORK COUNTY OF NEW YORK 2 ON BEHALF OF DEFENDANT AND THE WITNESS:
_________________________________________ Joshua D. Fulop, Esquire
BRUCE KIM, ) 3 Kasowitz Benson Torres LLP
) Paramount Plaza
Plaintiff, )CASE NO. 4 1633 Broadway
)651341/2020 New York, New York 10019
-against- ) 5 PHONE: (212) 506-1773
) E-MAIL: Jfulop@kasowitz.com
XP SECURITIES, LLC, n/k/a XP )
6 -AND-
7 Henry K. Parr, Esquire
INVESTMENTS US, LLC, XP INVESTMENTOS )
Kasowitz Benson Torres LLP
S.A. and PEDRO CRISTOFORDO DA SILVEIRA, )
8 Paramount Plaza
) 1633 Broadway
Defendants. ) 9 New York, New York 10019
_________________________________________) PHONE: (212) 506-1942
CONFIDENTIAL 10 E-MAIL: Hparr@kasowitz.com
UNDER THE PROTECTIVE ORDER 11
VIDEO-RECORDED DEPOSITION OF 12 ON BEHALF OF PLAINTIFF:
BRUCE KIM Alexander Sakin, Esquire
KASOWITZ BENSON TORRES LLP 13 Law office of Alexander Sakin, LLC
Paramount Plaza 5 West 37th Street - Suite 638
1633 Broadway 14 New York, New York 10018
New York, New York 10019 PHONE: 917-509-7573
09/12/2023 15 E-MAIL: Alex@sakin-law.com
9:48 a.m. (EDT)
16 -AND-
17 Lawrence P. Oh, Esquire
The Law Office of Lawrence Oh
REPORTED BY: MONIQUE CABRERA
18 62 Cooper Street Square
New York, New York 10003
______________________________________________________ 19 PHONE: 347-404-8473
DIGITAL EVIDENCE GROUP E-MAIL: Lpchauchat@gmail.com
1730 M Street, NW, Suite 812 20
Washington, D.C. 20036 21 ALSO PRESENT: Jonathan Juarez, Legal
(202) 232-0646 22 Videographer, Digital Evidence Group
2 4
1 09/12/2023 1 INDEX
2 9:48 a.m. (EDT) 2
3 3 WITNESS EXAMINATION BY PAGE
4 VIDEO-RECORDED DEPOSITION OF BRUCE KIM, held 4 BRUCE KIM MR. FULOP 9
5 at Kasowitz Benson and Torres, LLP, Paramount 5
6 Plaza 1633 Broadway, New York, New York, before 6 EXHIBITS
7 Monique Cabrera, Shorthand Reporter, and Notary 7 EXHIBIT DESCRIPTION PAGE
8 Public of the State of New York. 8 Exhibit 1 Complaint............................... 10
9 9 Exhibit 2 Contract and Amended Document Bates
10 10 No. XP 56373............................ 13
11 11 Exhibit 3 July 21, 2021 Letter.................... 30
12 12 Exhibit 4 Statement Bates No. TPICAP 70........... 37
13 13 Exhibit 5 E-mail Bates No. XP 46911............... 59
14 14 Exhibit 6 E-mail chain Bates No. XP 364........... 63
15 15 Exhibit 7 Text messages Bates No. PL 1468......... 66
16 16 Exhibit 8 E-mail chain Bates No. XP 56643......... 71
17 17 Exhibit 9 Code of Conduct Bates No. XP 53832...... 75
18 18 Exhibit 10 E-mail Bates No. XP 28267............... 80
19 19 Exhibit 11 E-mail Bates No. XP 52628............... 80
20 20 Exhibit 12 Communication Bates No. XP 22628........ 87
21 21 Exhibit 13 Letter Bates No. XP 657................. 94
22 22 Exhibit 14 Text messages Bates No. PL 1043......... 96
1 (Pages 1 to 4)
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FILED: NEW YORK COUNTY CLERK 05/31/2024 11:43 PM INDEX NO. 651341/2020
NYSCEF DOC. NO. 175 RECEIVED NYSCEF: 05/31/2024
9/12/2023 Bruce Kim v. XP Securities, LLC et al. Bruce Kim
Confidential - Under the Protective Order
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1 E X H I B I T S, CON'T 1 REQUESTS
2 EXHIBIT DESCRIPTION PAGE 2 DESCRIPTION PAGE
3 Exhibit 15 "Code of Conduct" Bates No. XP 52869.... 99 3 Mark deposition as confidential....................... 50
4 Exhibit 16 Communication Bates No. XP 334.......... 101 4 Instruction not to answer question.................... 275
5 Exhibit 17 Notes PL 1201........................... 105 5 Instruction not to answer question.................... 277
6 Exhibit 18 Document Bates No. PL 1052.............. 109 6 Instruction not to answer question.................... 282
7 Exhibit 19 Document Bates No. XP 737............... 113 7 Instruction not to answer question.................... 326
8 Exhibit 20 Communication Bates No. PL 7............ 124 8 Instruction not to answer question.................... 328
9 Exhibit 21 Communication Bates No. PL 551.......... 131 9 Net proceeds of home sale............................. 332
10 Exhibit 22 Communication Bates No. XP 1361......... 134 10 Production of rental information...................... 334
11 Exhibit 23 Documents Bates No. XP 4041............. 147 11
12 Exhibit 24 E-mail Bates No. XP 12828............... 154 12
13 Exhibit 25 HUBL scrapbook.......................... 159 13
14 Exhibit 26 E-mail Bates No. XP 7915................ 162 14
15 Exhibit 27 Meeting invite Bates No. XP 9068........ 163 15
16 Exhibit 28 Meeting invitations..................... 166 16
17 Exhibit 29 E-mail Bates NO. XP 6992................ 184 17
18 Exhibit 30 E-mail Bates No. XP 7110................ 185 18
19 Exhibit 31 Document Bates No. XP 49940............. 187 19
20 Exhibit 32 E-mail Bates No. XPI 888................ 189 20
21 Exhibit 33 E-mail Bates No. XP 13661............... 194 21
22 Exhibit 34 E-mail Bates No. XP 24658............... 212 22
6 8
1 E X H I B I T S, CON'T 1 THE VIDEOGRAPHER: We are now on the
2 EXHIBIT DESCRIPTION PAGE 2 record. My name is Jonathan Juarez. I am a
3 Exhibit 35 E-mail Bates No. XP 13688............... 226 3 legal videographer for Digital Evidence
4 Exhibit 36 E-mail Bates No. XP 23980............... 232 4 Group.
5 Exhibit 37 E-mail Bates No. XP 35659............... 246 5 Today's date is September 12th,
6 Exhibit 38 E-mail Bates No. XP 21389............... 251 6 2023, and the time is 9:48 a.m. This
7 Exhibit 39 Messages Bates No. XP 35737............. 257 7 deposition is taking place at 1633 Broadway,
8 Exhibit 40 Interview Bates No. XP 738.............. 259 8 New York, New York in the matter of Bruce Kim
9 Exhibit 41 Document Bates No. XP 35585............. 264 9 versus XP Securities, LLC, et al. The
10 Exhibit 42 Privilege Log........................... 273 10 deponent is Bruce Kim.
11 Exhibit 43 January 7, 2020 Letter Bates No. XP 11 Counsel, please identify yourselves
12 695..................................... 277 12 for the record.
13 Exhibit 44 Message Bates No. PL 1725............... 278 13 MR. FULOP: Yes, Joshua Fulop from
14 Exhibit 45 Document Bates No. XP 53490............. 299 14 the law firm of Kasowitz Benson representing
15 Exhibit 46 Messages Bates No. PL 1516.............. 335 15 the defendant. With me is Henry Parr with
16 Exhibit 47 Document Bates No. PL 1559.............. 337 16 Kasowitz Benson.
17 Exhibit 48 E-mail Bates No. XP 34537............... 342 17 MR. SAKIN: Alexander Sakin from the
18 Exhibit 49 E-mail Bates No. XP 2293................ 348 18 law office of Alexander Sakin, LLC on behalf
19 19 of plaintiff Bruce Kim. And with me is
20 20 Lawrence Oh, also for plaintiff and Bruce
21 21 Kim.
22 22 THE VIDEOGRAPHER: The court
2 (Pages 5 to 8)
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FILED: NEW YORK COUNTY CLERK 05/31/2024 11:43 PM INDEX NO. 651341/2020
NYSCEF DOC. NO. 175 RECEIVED NYSCEF: 05/31/2024
9/12/2023 Bruce Kim v. XP Securities, LLC et al. Bruce Kim
Confidential - Under the Protective Order
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1 reporter is Monique Cabrera and will now 1 was marked for identification.)
2 swear in the witness. 2 BY MR. FULOP:
3 BRUCE KIM, called as a witness, having been first 3 Q. Mr. Kim, do you recognize this
4 duly sworn by a Notary Public of the State of New 4 document?
5 York, was examined and testified as follows: 5 A. Yes.
6 THE WITNESS: I do. 6 Where do I go to find the date?
7 COURT REPORTER: Can you state your 7 Q. So this is the complaint you filed
8 name and address for the record. 8 in this case, correct?
9 THE WITNESS: Bruce Kim. 13 Dinah 9 A. Yes.
10 Rock, D-I-N-A-H, Rock, separate word, Shelter 10 Q. This is not Bates stamped. There
11 Island 11964. 11 will be Bates stamps --
12 EXAMINATION 12 A. No, I am sorry. The date. I am
13 BY MR. FULOP: 13 looking for the date. I'm not familiar with
14 Q. So, Mr. Kim, just a couple of ground 14 these documents.
15 rules. I will ask you questions. The court 15 I apologize. Let me turn this thing
16 reporter will record the questions and your 16 off.
17 answers. For the record to be clear, you need to 17 Q. So really the questioning is just
18 provide response orally. A nod or head shake 18 one way, okay? So I will ask the question and
19 can't be recorded by the court reporter. 19 please just answer when you feel ready.
20 If you don't understand a question, 20 Did you review this document before
21 just ask me for clarification. If you don't hear 21 you filed it?
22 it, ask me and I will repeat it. But if you 22 A. Amended complaint. Okay. So fine,
10 12
1 answer, I will assume that you understood the 1 yes, answer to your first question is yes. Did I
2 question, and your answer will stand. 2 get a chance to review the document before we
3 If your counsel objects to a 3 submitted it?
4 question, you still have to answer the question 4 Q. Before you filed it in court, your
5 unless you are instructed not to by your counsel. 5 answer was yes?
6 And if you need a break at any time, 6 A. Yes.
7 please let me know. We can take a break. I 7 Q. And you believe everything to be
8 would just ask that the pending question be 8 correct at the time that you filed it?
9 answered. 9 A. Yes, to the best of my knowledge,
10 Do you understand these 10 yes.
11 instructions? 11 Q. Now, did you review this document
12 A. I do. 12 preparing for your deposition today?
13 Q. And you understand even though we 13 A. I have reviewed it at some point,
14 are not in court, this is a court proceeding and 14 yes.
15 you're -- you're obligated to tell the truth? 15 Q. So I am not asking you to review it
16 A. I do. 16 now. I am just asking you: Have you come to
17 Q. Is there anything that would prevent 17 understand, to your recollection, anything in
18 you from testifying truthfully today? 18 that document that no longer remains accurate?
19 A. No. 19 A. Oh, I don't know.
20 MR. FULOP: So we will mark this as 20 Q. You don't know of anything that is
21 Kim Exhibit 1. 21 now inaccurate?
22 (Whereupon, Exhibit 1, Complaint, 22 A. I don't know. No, I did not examine
3 (Pages 9 to 12)
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NYSCEF DOC. NO. 175 RECEIVED NYSCEF: 05/31/2024
9/12/2023 Bruce Kim v. XP Securities, LLC et al. Bruce Kim
Confidential - Under the Protective Order
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1 the document in a thorough manner. 1 you are referring to.
2 MR. FULOP: This is going to be Kim 2 Can you be more specific.
3 Exhibit 2. 3 Q. Sure.
4 (Whereupon, Exhibit 2, Contract and 4 How did you review -- how did you
5 Amended Document Bates No. XP 56373, was 5 find the documents that you reviewed?
6 marked for identification.) 6 A. Which document? Which document?
7 BY MR. FULOP: 7 Q. Whichever documents you reviewed.
8 Q. So Mr. Kim, Kim Exhibit 2 is 8 A. Well, it depends.
9 essentially two documents. The first document 9 Q. Okay. Tell me all the ways you
10 begins Bates stamp XP 56373. 10 looked for documents.
11 Can you identify this document for 11 A. There are documents that I have --
12 the record? 12 have in possession, and they are filed in various
13 A. I am sorry. Should I what? I am 13 areas of my -- my computer folders.
14 sorry. 14 Q. Okay. Were there documents that --
15 Q. Can you just identify the document? 15 these were documents that so -- strike that.
16 A. Oh, sure, identify. So this appears 16 Were there documents that were in
17 to be the contract that I executed with XP, and 17 specific folders that you saved during your time
18 the second document appears to be an amended 18 at XP?
19 document related to base salary cut. 19 A. During the time at XP, I don't know.
20 Q. So other than the two documents you 20 Q. Okay. Did you have an e-mail
21 just identified, are you aware of any other 21 program that contained e-mails?
22 agreement governing your employment with XP? 22 A. Did I have an e-mail program?
14 16
1 A. No. 1 Q. Did you have a program containing
2 Q. In the course of this action, did 2 e-mails with XP -- with your XP e-mail address?
3 you search for your files for documents that were 3 A. I don't know what "program" means.
4 relevant to your case? 4 Q. Okay. Well, where did you find the
5 A. Can you repeat the question? 5 e-mails that you reviewed in this case?
6 Q. Sure. 6 A. Well, in respect to this document, I
7 In the course of this action, 7 had this in my possession.
8 meaning from when you filed until now, did you 8 Q. Okay. So we are not talking about
9 search your files for documents that were 9 that document anymore.
10 relevant to this case? 10 A. Okay.
11 A. Search my files? 11 Q. I am talking about you reviewed
12 Q. Right. 12 e-mails in connection with this case, correct?
13 A. I reviewed them. 13 A. Yes.
14 Q. Okay. What electronic devices did 14 Q. Where did you find those e-mails?
15 you review for documents? 15 A. In a -- in a application.
16 A. My laptop. 16 Q. What was that application?
17 Q. And that is -- that's your Apple 17 A. Outlook.
18 MacBook? 18 Q. Okay. Were there any other
19 A. Yes. 19 applications you find e-mails in?
20 Q. Where in the Apple MacBook were 20 A. So this is -- can I be clear, like,
21 files located that you reviewed? 21 what period are we talking about here, during my
22 A. I don't know the type of documents 22 employment or post?
4 (Pages 13 to 16)
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NYSCEF DOC. NO. 175 RECEIVED NYSCEF: 05/31/2024
9/12/2023 Bruce Kim v. XP Securities, LLC et al. Bruce Kim
Confidential - Under the Protective Order
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1 Q. This is -- this is during this case 1 You scroll down, and then you see the e-mail.
2 from the time you filed the case until now. 2 Q. And I am asking you what you did.
3 A. Oh, I see. Since my termination, 3 You did both?
4 there is the Outlook. And I reviewed documents 4 A. Both, yes.
5 that -- that I had. So there was Outlook. So 5 Q. Okay. What search terms did you
6 with respect to the documents that are related to 6 use?
7 XP, that has XP e-mail address or -- 7 A. Oh, I don't know. Various terms,
8 Q. Right. 8 yes.
9 A. -- are you -- are you asking for 9 Q. Do you have a list of them
10 everything? 10 somewhere?
11 Q. I am asking for the documents 11 A. No, I do not.
12 containing your XP e-mail address. Those were in 12 Q. And these were terms that you
13 your Outlook, correct? 13 created?
14 A. That's correct, yes. 14 A. These are terms that I felt that was
15 Q. Okay. Did you use any process to 15 relevant to the case.
16 search for and review those files? 16 Q. Did you keep any paper files?
17 A. I have used the Outlook. 17 MR. SAKIN: Objection.
18 Q. How did you find files within 18 A. No.
19 Outlook? 19 BY MR. FULOP:
20 A. It's an application so it's like any 20 Q. So all files that you reviewed in
21 window that pops up. 21 connection with this case were on your MacBook,
22 Q. Did you search for documents? 22 correct?
18 20
1 A. Yes. 1 A. Yes.
2 Q. How did you search for them? 2 Q. Now, what e-mails addresses do you
3 A. By search words or just glancing 3 currently maintain?
4 through them. I don't know, yeah. 4 A. B-R-U-C-E-Y-K-I-M at Gmail.com.
5 Q. Well, that's the question is what 5 Q. And is that the only e-mail that you
6 you know. So how did you search for them? 6 maintained right now?
7 A. They -- 7 A. I also have B-R-U-C-E dot K-I-M at
8 MR. SAKIN: Objection. 8 mac.com, but I do not -- I do not use that. It's
9 A. Yeah, I don't know what "search" 9 -- it's more or less an inactive account.
10 means. I don't know, like when you -- how do 10 Q. Are those the only two e-mails
11 you -- how -- what does a search mean? 11 addresses that you maintain?
12 BY MR. FULOP: 12 A. Yes.
13 Q. You don't know what a search means? 13 Q. Now, between January 1, 2017 to the
14 A. No, meaning, like, am I supposed to 14 present and other than your XP e-mail address,
15 -- like, how do I search for documents? How do I 15 were there other e-mail addresses that you
16 -- 16 maintained?
17 Q. How did you search for documents? 17 A. No.
18 You testified you searched for documents. 18 Q. Have you searched your Gmail e-mail
19 A. You put it in -- you put it in -- 19 address for documents relevant to this case?
20 what you do is you put -- there is a magnifying 20 A. I have.
21 glass, and then -- then you can put in -- put in 21 Q. And what process did you use to do
22 search words or you go through down the e-mail. 22 that?
5 (Pages 17 to 20)
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NYSCEF DOC. NO. 175 RECEIVED NYSCEF: 05/31/2024
9/12/2023 Bruce Kim v. XP Securities, LLC et al. Bruce Kim
Confidential - Under the Protective Order
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1 A. I go into the search area and I type 1 MR. SAKIN: Objection.
2 in words or I can scroll down by timeline. I can 2 A. Can you rephrase the question?
3 go to the inbox or send box. 3 Yeah, I don't understand that question.
4 Q. And what did you do? 4 BY MR. FULOP:
5 A. Probably all three of them. 5 Q. Did -- the e-mails that were in your
6 Q. Did you use the same search terms as 6 XP e-mail address before you left, are those the
7 you used in searching the XP e-mails? 7 same as the e-mails that were in your MacBook
8 A. I don't know. 8 after you left?
9 Q. You don't have a list of those 9 MR. SAKIN: Objection.
10 terms, right? 10 A. I'm -- I'm not following the
11 A. I do not. 11 question here. So were they -- just -- just one
12 Q. All the documents that your 12 more time, please. I just want to be clear
13 attorneys produced in this case on your behalf, 13 because --
14 did you review those before they were produced? 14 BY MR. FULOP:
15 A. I don't know. 15 Q. Sure.
16 Q. Were there documents you reviewed 16 You had XP e-mails, right, in your
17 that were relevant to this case that you did not 17 Outlook?
18 turn over to your attorneys? 18 A. Yes.
19 A. Not to my knowledge, no. 19 Q. How did they get there?
20 Q. Okay. So after your termination, 20 A. It's an application that was
21 you retained e-mails from your XP e-mail address, 21 downloaded while I was -- I was employed at XP.
22 correct? 22 Q. Okay. And that Outlook that you had
22 24
1 MR. SAKIN: Objection. 1 on your MacBook, did that contain all the e-mails
2 A. What does "retain" mean? 2 that were in your -- did that contain all of the
3 BY MR. FULOP: 3 e-mails that you would have seen if you went to
4 Q. Did you keep e-mails from your XP 4 your Outlook from your XP computer?
5 e-mail address? 5 MR. SAKIN: Objection.
6 A. I am sorry. Can you repeat the 6 A. I -- yeah, I wouldn't know that.
7 question? I apologize. 7 BY MR. FULOP:
8 Q. Sure. 8 Q. Okay. So you don't know which
9 Did you keep e-mails from your XP 9 e-mails were specifically in your Outlook, right?
10 e-mail address after your departure from the 10 A. Well, I think your question was do I
11 company? 11 know whether or not the same as the XP -- that I
12 A. Did I -- did I maintain -- did I 12 would have observed that XP versus my laptop. I
13 keep the e-mail address? I kept -- what was 13 wouldn't be able to answer that question. I
14 preserved was -- was preserved was the e-mail 14 can't compare the two.
15 address -- the e-mails with XP address. 15 Q. Let's strike that.
16 Q. And those were on your MacBook, 16 A. Sorry.
17 correct? 17 Q. So when -- when did you download the
18 A. It resided in the MacBook under the 18 e-mails from XP onto your computer?
19 application I described earlier. 19 MR. SAKIN: Objection.
20 Q. And were those all of your XP 20 A. What is the -- when did I download
21 e-mails, or were they only a subset of those 21 the e-mails from -- is your question the e-mails
22 e-mails? 22 that are in the application, downloading those
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NYSCEF DOC. NO. 175 RECEIVED NYSCEF: 05/31/2024
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Confidential - Under the Protective Order
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1 e-mails? Is that what you mean? 1 Q. Were there confidential documents in
2 BY MR. FULOP: 2 your XP e-mail?
3 Q. After -- 3 MR. SAKIN: Objection. Calls for
4 A. I'm sorry. 4 legal conclusion.
5 Q. Did you use -- what did you use to 5 A. Yes, I am not an attorney.
6 look for e-mails -- look at e-mails when you were 6 BY MR. FULOP:
7 at XP? Did you use your MacBook? 7 Q. You just said you know what a
8 A. Both MacBook as well as desktop at 8 confidential document is. What is a confidential
9 the -- at work. 9 document?
10 Q. And did those e-mails roughly align 10 A. I know what confidential document
11 with each other? 11 means, but to answer your second question is
12 A. Yeah, they are in alignment, yes. 12 where I'm saying that I can't -- I can't make a
13 Q. So -- so the e-mails on your Outlook 13 legal opinion on that.
14 are the same as the e-mails that you would have 14 Q. I didn't ask for a legal opinion. I
15 seen in your XP laptop at work, correct? 15 asked you: Are there confidential documents in
16 MR. SAKIN: Objection. 16 your XP e-mail address?
17 A. I don't know what this means in this 17 MR. SAKIN: The same objection.
18 context. It means identical so then we are going 18 A. Yeah, it's -- again, it's a --
19 back to the same. 19 that's matter of legal opinion.
20 BY MR. FULOP: 20 BY MR. FULOP:
21 Q. Similar. 21 Q. You are under oath, Mr. Kim.
22 A. Similar, yeah. They appear to be 22 A. Yeah.
26 28
1 similar, but, again, I want to be clear that I 1 Q. Did you ask XP to create an NDA for
2 can't testify whether or not they're the same. 2 the HUBL, "yes" or "no"?
3 Q. Okay. And some of those -- and you 3 A. Did I ask to create an NDA for HUBL?
4 agree that XP e-mails were confidential, correct? 4 I did, yes.
5 MR. SAKIN: Objection. He is not a 5 Q. You did because there was
6 lawyer. 6 confidential information that you were going to
7 (Reporter clarification.) 7 be sharing, correct?
8 MR. FULOP: Excuse me. That's not a 8 MR. SAKIN: Objection.
9 proper objection. So you can state your 9 A. Yes.
10 objection, but "he is not a lawyer" is not an 10 BY MR. FULOP:
11 objection. 11 Q. So you know what a confidential
12 MR. SAKIN: Calls for a legal 12 document is, correct?
13 conclusion. 13 MR. SAKIN: Objection. Asked and
14 MR. FULOP: Okay. Thank you. 14 answered. And please stop badgering the
15 BY MR. FULOP: 15 witness.
16 Q. Can you answer the question? 16 A. I know what a confidential document
17 A. I don't know. It's a matter of 17 is. I said yes.
18 legal question, I suppose. 18 BY MR. FULOP:
19 Q. Okay. You don't know what a 19 Q. But you're under oath not going to
20 confidential document is? 20 testify whether there was a single confidential
21 A. Confidential document, I do know 21 document in your XP e-mail?
22 what a confidential document is. 22 MR. SAKIN: Objection. Calls for
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NYSCEF DOC. NO. 175 RECEIVED NYSCEF: 05/31/2024
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1 legal conclusion and is badgering. 1 Q. But you see here that it's
2 A. I don't know what legal -- what 2 instructing you to immediately return any and all
3 confidential is in the context of line of 3 property belonging to XP in your possession,
4 questioning you are asking me so I'm -- I'm -- 4 correct? That's the fourth -- the fourth line.
5 yeah. 5 A. Yes, I see that. Yes.
6 BY MR. FULOP: 6 Q. You didn't do that, right?
7 Q. Was there -- was there information 7 MR. SAKIN: Objection. Calls for
8 in your XP e-mail that was not public? 8 legal conclusion.
9 A. Yes, there were non-public 9 A. It says: All property belonging to
10 information on that, yeah. 10 XPI. I don't know what that means.
11 Q. Okay. Now, why did you continue to 11 BY MR. FULOP:
12 access your XP e-mail after you left the company? 12 Q. Did you return all property
13 MR. SAKIN: Objection. Misstates 13 belonging to XP in your possession?
14 his prior testimony. 14 MR. SAKIN: Same objection.
15 A. What was the question again? 15 A. Like I said, I don't know what "all
16 BY MR. FULOP: 16 property belonging to XPI" in this section would
17 Q. Why did you continue to access your 17 mean.
18 XP e-mails after you left the company? 18 BY MR. FULOP:
19 A. I think I said that I reviewed them 19 Q. Did you return the XP e-mails that
20 to search for documents because -- because they 20 were in your possession to XP?
21 were relevant to the case. 21 A. No, I did not.
22 Q. Okay. Why did you keep those 22 Q. Did you ask for clarification on
30 32
1 documents in your possession after you left XP? 1 what I meant when I said "all property"?
2 A. I think I use the word "preserved." 2 A. I don't recall having that
3 Q. Okay. Why did you preserve those 3 conversation with my attorney, but I am sure this
4 documents in your possession after you left XP? 4 document was discussed.
5 A. Because -- because -- because it was 5 Q. But you don't recall asking for
6 -- it was a matter of litigation and an 6 clarification as to what "all property" means,
7 obligation to preserve them. 7 correct?
8 MR. FULOP: Let's mark this Kim 8 A. I don't recall, no.
9 Exhibit 3. 9 Q. After you received this letter, did
10 (Whereupon, Exhibit 3, July 21, 2021 10 you continue to access XP e-mails that were in
11 Letter, was marked for identification.) 11 your possession?
12 BY MR. FULOP: 12 MR. SAKIN: Objection.
13 Q. Kim Exhibit 3 is a letter that I 13 MR. FULOP: What is your objection?
14 sent to you on July 21st of 2021. 14 MR. SAKIN: Vague.
15 Mr. Kim, did you receive this 15 A. "Access," what do you mean by
16 letter? 16 "access"?
17 A. I don't recall, but I am reading it. 17 BY MR. FULOP:
18 Q. Okay. 18 Q. Did you continue to look at XP
19 A. Okay. 19 e-mails that were in your possession?
20 Q. My question was if you -- if you 20 A. Yes, at times, yes.
21 received this document? 21 Q. Did you need to look at those
22 A. I don't recall. 22 e-mails in order to preserve them?
8 (Pages 29 to 32)
www.DigitalEvidenceGroup,com Digital Evidence Gorup C'rt 2023 202-232-0646
FILED: NEW YORK COUNTY CLERK 05/31/2024 11:43 PM INDEX NO. 651341/2020
NYSCEF DOC. NO. 175 RECEIVED NYSCEF: 05/31/2024
9/12/2023 Bruce Kim v. XP Securities, LLC et al. Bruce Kim
Confidential - Under the Protective Order
33 35
1 A. Need, no, there was no need. 1 Q. You believe you're under an
2 Q. And you continued to look at XP 2 obligation to preserve those documents, correct?
3 e-mails through 2023, correct? 3 A. Yes.
4 A. I don't know th
Preview
FILED: NEW YORK COUNTY CLERK 05/31/2024 11:43 PM INDEX NO. 651341/2020 NYSCEF DOC. NO. 175 RECEIVED NYSCEF: 05/31/2024 9/12/2023 Bruce Kim v. XP Securities, LLC et al. Bruce Kim Confidential - Under the Protective Order 1 3 SUPREME COURT OF THE STATE OF 1 A P P E A R A N C E S NEW YORK COUNTY OF NEW YORK 2 ON BEHALF OF DEFENDANT AND THE WITNESS: _________________________________________ Joshua D. Fulop, Esquire BRUCE KIM, ) 3 Kasowitz Benson Torres LLP ) Paramount Plaza Plaintiff, )CASE NO. 4 1633 Broadway )651341/2020 New York, New York 10019 -against- ) 5 PHONE: (212) 506-1773 ) E-MAIL: Jfulop@kasowitz.com XP SECURITIES, LLC, n/k/a XP ) 6 -AND- 7 Henry K. Parr, Esquire INVESTMENTS US, LLC, XP INVESTMENTOS ) Kasowitz Benson Torres LLP S.A. and PEDRO CRISTOFORDO DA SILVEIRA, ) 8 Paramount Plaza ) 1633 Broadway Defendants. ) 9 New York, New York 10019 _________________________________________) PHONE: (212) 506-1942 CONFIDENTIAL 10 E-MAIL: Hparr@kasowitz.com UNDER THE PROTECTIVE ORDER 11 VIDEO-RECORDED DEPOSITION OF 12 ON BEHALF OF PLAINTIFF: BRUCE KIM Alexander Sakin, Esquire KASOWITZ BENSON TORRES LLP 13 Law office of Alexander Sakin, LLC Paramount Plaza 5 West 37th Street - Suite 638 1633 Broadway 14 New York, New York 10018 New York, New York 10019 PHONE: 917-509-7573 09/12/2023 15 E-MAIL: Alex@sakin-law.com 9:48 a.m. (EDT) 16 -AND- 17 Lawrence P. Oh, Esquire The Law Office of Lawrence Oh REPORTED BY: MONIQUE CABRERA 18 62 Cooper Street Square New York, New York 10003 ______________________________________________________ 19 PHONE: 347-404-8473 DIGITAL EVIDENCE GROUP E-MAIL: Lpchauchat@gmail.com 1730 M Street, NW, Suite 812 20 Washington, D.C. 20036 21 ALSO PRESENT: Jonathan Juarez, Legal (202) 232-0646 22 Videographer, Digital Evidence Group 2 4 1 09/12/2023 1 INDEX 2 9:48 a.m. (EDT) 2 3 3 WITNESS EXAMINATION BY PAGE 4 VIDEO-RECORDED DEPOSITION OF BRUCE KIM, held 4 BRUCE KIM MR. FULOP 9 5 at Kasowitz Benson and Torres, LLP, Paramount 5 6 Plaza 1633 Broadway, New York, New York, before 6 EXHIBITS 7 Monique Cabrera, Shorthand Reporter, and Notary 7 EXHIBIT DESCRIPTION PAGE 8 Public of the State of New York. 8 Exhibit 1 Complaint............................... 10 9 9 Exhibit 2 Contract and Amended Document Bates 10 10 No. XP 56373............................ 13 11 11 Exhibit 3 July 21, 2021 Letter.................... 30 12 12 Exhibit 4 Statement Bates No. TPICAP 70........... 37 13 13 Exhibit 5 E-mail Bates No. XP 46911............... 59 14 14 Exhibit 6 E-mail chain Bates No. XP 364........... 63 15 15 Exhibit 7 Text messages Bates No. PL 1468......... 66 16 16 Exhibit 8 E-mail chain Bates No. XP 56643......... 71 17 17 Exhibit 9 Code of Conduct Bates No. XP 53832...... 75 18 18 Exhibit 10 E-mail Bates No. XP 28267............... 80 19 19 Exhibit 11 E-mail Bates No. XP 52628............... 80 20 20 Exhibit 12 Communication Bates No. XP 22628........ 87 21 21 Exhibit 13 Letter Bates No. XP 657................. 94 22 22 Exhibit 14 Text messages Bates No. PL 1043......... 96 1 (Pages 1 to 4) www.DigitalEvidenceGroup,com Digital Evidence Gorup C'rt 2023 202-232-0646 FILED: NEW YORK COUNTY CLERK 05/31/2024 11:43 PM INDEX NO. 651341/2020 NYSCEF DOC. NO. 175 RECEIVED NYSCEF: 05/31/2024 9/12/2023 Bruce Kim v. XP Securities, LLC et al. Bruce Kim Confidential - Under the Protective Order 5 7 1 E X H I B I T S, CON'T 1 REQUESTS 2 EXHIBIT DESCRIPTION PAGE 2 DESCRIPTION PAGE 3 Exhibit 15 "Code of Conduct" Bates No. XP 52869.... 99 3 Mark deposition as confidential....................... 50 4 Exhibit 16 Communication Bates No. XP 334.......... 101 4 Instruction not to answer question.................... 275 5 Exhibit 17 Notes PL 1201........................... 105 5 Instruction not to answer question.................... 277 6 Exhibit 18 Document Bates No. PL 1052.............. 109 6 Instruction not to answer question.................... 282 7 Exhibit 19 Document Bates No. XP 737............... 113 7 Instruction not to answer question.................... 326 8 Exhibit 20 Communication Bates No. PL 7............ 124 8 Instruction not to answer question.................... 328 9 Exhibit 21 Communication Bates No. PL 551.......... 131 9 Net proceeds of home sale............................. 332 10 Exhibit 22 Communication Bates No. XP 1361......... 134 10 Production of rental information...................... 334 11 Exhibit 23 Documents Bates No. XP 4041............. 147 11 12 Exhibit 24 E-mail Bates No. XP 12828............... 154 12 13 Exhibit 25 HUBL scrapbook.......................... 159 13 14 Exhibit 26 E-mail Bates No. XP 7915................ 162 14 15 Exhibit 27 Meeting invite Bates No. XP 9068........ 163 15 16 Exhibit 28 Meeting invitations..................... 166 16 17 Exhibit 29 E-mail Bates NO. XP 6992................ 184 17 18 Exhibit 30 E-mail Bates No. XP 7110................ 185 18 19 Exhibit 31 Document Bates No. XP 49940............. 187 19 20 Exhibit 32 E-mail Bates No. XPI 888................ 189 20 21 Exhibit 33 E-mail Bates No. XP 13661............... 194 21 22 Exhibit 34 E-mail Bates No. XP 24658............... 212 22 6 8 1 E X H I B I T S, CON'T 1 THE VIDEOGRAPHER: We are now on the 2 EXHIBIT DESCRIPTION PAGE 2 record. My name is Jonathan Juarez. I am a 3 Exhibit 35 E-mail Bates No. XP 13688............... 226 3 legal videographer for Digital Evidence 4 Exhibit 36 E-mail Bates No. XP 23980............... 232 4 Group. 5 Exhibit 37 E-mail Bates No. XP 35659............... 246 5 Today's date is September 12th, 6 Exhibit 38 E-mail Bates No. XP 21389............... 251 6 2023, and the time is 9:48 a.m. This 7 Exhibit 39 Messages Bates No. XP 35737............. 257 7 deposition is taking place at 1633 Broadway, 8 Exhibit 40 Interview Bates No. XP 738.............. 259 8 New York, New York in the matter of Bruce Kim 9 Exhibit 41 Document Bates No. XP 35585............. 264 9 versus XP Securities, LLC, et al. The 10 Exhibit 42 Privilege Log........................... 273 10 deponent is Bruce Kim. 11 Exhibit 43 January 7, 2020 Letter Bates No. XP 11 Counsel, please identify yourselves 12 695..................................... 277 12 for the record. 13 Exhibit 44 Message Bates No. PL 1725............... 278 13 MR. FULOP: Yes, Joshua Fulop from 14 Exhibit 45 Document Bates No. XP 53490............. 299 14 the law firm of Kasowitz Benson representing 15 Exhibit 46 Messages Bates No. PL 1516.............. 335 15 the defendant. With me is Henry Parr with 16 Exhibit 47 Document Bates No. PL 1559.............. 337 16 Kasowitz Benson. 17 Exhibit 48 E-mail Bates No. XP 34537............... 342 17 MR. SAKIN: Alexander Sakin from the 18 Exhibit 49 E-mail Bates No. XP 2293................ 348 18 law office of Alexander Sakin, LLC on behalf 19 19 of plaintiff Bruce Kim. And with me is 20 20 Lawrence Oh, also for plaintiff and Bruce 21 21 Kim. 22 22 THE VIDEOGRAPHER: The court 2 (Pages 5 to 8) www.DigitalEvidenceGroup,com Digital Evidence Gorup C'rt 2023 202-232-0646 FILED: NEW YORK COUNTY CLERK 05/31/2024 11:43 PM INDEX NO. 651341/2020 NYSCEF DOC. NO. 175 RECEIVED NYSCEF: 05/31/2024 9/12/2023 Bruce Kim v. XP Securities, LLC et al. Bruce Kim Confidential - Under the Protective Order 9 11 1 reporter is Monique Cabrera and will now 1 was marked for identification.) 2 swear in the witness. 2 BY MR. FULOP: 3 BRUCE KIM, called as a witness, having been first 3 Q. Mr. Kim, do you recognize this 4 duly sworn by a Notary Public of the State of New 4 document? 5 York, was examined and testified as follows: 5 A. Yes. 6 THE WITNESS: I do. 6 Where do I go to find the date? 7 COURT REPORTER: Can you state your 7 Q. So this is the complaint you filed 8 name and address for the record. 8 in this case, correct? 9 THE WITNESS: Bruce Kim. 13 Dinah 9 A. Yes. 10 Rock, D-I-N-A-H, Rock, separate word, Shelter 10 Q. This is not Bates stamped. There 11 Island 11964. 11 will be Bates stamps -- 12 EXAMINATION 12 A. No, I am sorry. The date. I am 13 BY MR. FULOP: 13 looking for the date. I'm not familiar with 14 Q. So, Mr. Kim, just a couple of ground 14 these documents. 15 rules. I will ask you questions. The court 15 I apologize. Let me turn this thing 16 reporter will record the questions and your 16 off. 17 answers. For the record to be clear, you need to 17 Q. So really the questioning is just 18 provide response orally. A nod or head shake 18 one way, okay? So I will ask the question and 19 can't be recorded by the court reporter. 19 please just answer when you feel ready. 20 If you don't understand a question, 20 Did you review this document before 21 just ask me for clarification. If you don't hear 21 you filed it? 22 it, ask me and I will repeat it. But if you 22 A. Amended complaint. Okay. So fine, 10 12 1 answer, I will assume that you understood the 1 yes, answer to your first question is yes. Did I 2 question, and your answer will stand. 2 get a chance to review the document before we 3 If your counsel objects to a 3 submitted it? 4 question, you still have to answer the question 4 Q. Before you filed it in court, your 5 unless you are instructed not to by your counsel. 5 answer was yes? 6 And if you need a break at any time, 6 A. Yes. 7 please let me know. We can take a break. I 7 Q. And you believe everything to be 8 would just ask that the pending question be 8 correct at the time that you filed it? 9 answered. 9 A. Yes, to the best of my knowledge, 10 Do you understand these 10 yes. 11 instructions? 11 Q. Now, did you review this document 12 A. I do. 12 preparing for your deposition today? 13 Q. And you understand even though we 13 A. I have reviewed it at some point, 14 are not in court, this is a court proceeding and 14 yes. 15 you're -- you're obligated to tell the truth? 15 Q. So I am not asking you to review it 16 A. I do. 16 now. I am just asking you: Have you come to 17 Q. Is there anything that would prevent 17 understand, to your recollection, anything in 18 you from testifying truthfully today? 18 that document that no longer remains accurate? 19 A. No. 19 A. Oh, I don't know. 20 MR. FULOP: So we will mark this as 20 Q. You don't know of anything that is 21 Kim Exhibit 1. 21 now inaccurate? 22 (Whereupon, Exhibit 1, Complaint, 22 A. I don't know. No, I did not examine 3 (Pages 9 to 12) www.DigitalEvidenceGroup,com Digital Evidence Gorup C'rt 2023 202-232-0646 FILED: NEW YORK COUNTY CLERK 05/31/2024 11:43 PM INDEX NO. 651341/2020 NYSCEF DOC. NO. 175 RECEIVED NYSCEF: 05/31/2024 9/12/2023 Bruce Kim v. XP Securities, LLC et al. Bruce Kim Confidential - Under the Protective Order 13 15 1 the document in a thorough manner. 1 you are referring to. 2 MR. FULOP: This is going to be Kim 2 Can you be more specific. 3 Exhibit 2. 3 Q. Sure. 4 (Whereupon, Exhibit 2, Contract and 4 How did you review -- how did you 5 Amended Document Bates No. XP 56373, was 5 find the documents that you reviewed? 6 marked for identification.) 6 A. Which document? Which document? 7 BY MR. FULOP: 7 Q. Whichever documents you reviewed. 8 Q. So Mr. Kim, Kim Exhibit 2 is 8 A. Well, it depends. 9 essentially two documents. The first document 9 Q. Okay. Tell me all the ways you 10 begins Bates stamp XP 56373. 10 looked for documents. 11 Can you identify this document for 11 A. There are documents that I have -- 12 the record? 12 have in possession, and they are filed in various 13 A. I am sorry. Should I what? I am 13 areas of my -- my computer folders. 14 sorry. 14 Q. Okay. Were there documents that -- 15 Q. Can you just identify the document? 15 these were documents that so -- strike that. 16 A. Oh, sure, identify. So this appears 16 Were there documents that were in 17 to be the contract that I executed with XP, and 17 specific folders that you saved during your time 18 the second document appears to be an amended 18 at XP? 19 document related to base salary cut. 19 A. During the time at XP, I don't know. 20 Q. So other than the two documents you 20 Q. Okay. Did you have an e-mail 21 just identified, are you aware of any other 21 program that contained e-mails? 22 agreement governing your employment with XP? 22 A. Did I have an e-mail program? 14 16 1 A. No. 1 Q. Did you have a program containing 2 Q. In the course of this action, did 2 e-mails with XP -- with your XP e-mail address? 3 you search for your files for documents that were 3 A. I don't know what "program" means. 4 relevant to your case? 4 Q. Okay. Well, where did you find the 5 A. Can you repeat the question? 5 e-mails that you reviewed in this case? 6 Q. Sure. 6 A. Well, in respect to this document, I 7 In the course of this action, 7 had this in my possession. 8 meaning from when you filed until now, did you 8 Q. Okay. So we are not talking about 9 search your files for documents that were 9 that document anymore. 10 relevant to this case? 10 A. Okay. 11 A. Search my files? 11 Q. I am talking about you reviewed 12 Q. Right. 12 e-mails in connection with this case, correct? 13 A. I reviewed them. 13 A. Yes. 14 Q. Okay. What electronic devices did 14 Q. Where did you find those e-mails? 15 you review for documents? 15 A. In a -- in a application. 16 A. My laptop. 16 Q. What was that application? 17 Q. And that is -- that's your Apple 17 A. Outlook. 18 MacBook? 18 Q. Okay. Were there any other 19 A. Yes. 19 applications you find e-mails in? 20 Q. Where in the Apple MacBook were 20 A. So this is -- can I be clear, like, 21 files located that you reviewed? 21 what period are we talking about here, during my 22 A. I don't know the type of documents 22 employment or post? 4 (Pages 13 to 16) www.DigitalEvidenceGroup,com Digital Evidence Gorup C'rt 2023 202-232-0646 FILED: NEW YORK COUNTY CLERK 05/31/2024 11:43 PM INDEX NO. 651341/2020 NYSCEF DOC. NO. 175 RECEIVED NYSCEF: 05/31/2024 9/12/2023 Bruce Kim v. XP Securities, LLC et al. Bruce Kim Confidential - Under the Protective Order 17 19 1 Q. This is -- this is during this case 1 You scroll down, and then you see the e-mail. 2 from the time you filed the case until now. 2 Q. And I am asking you what you did. 3 A. Oh, I see. Since my termination, 3 You did both? 4 there is the Outlook. And I reviewed documents 4 A. Both, yes. 5 that -- that I had. So there was Outlook. So 5 Q. Okay. What search terms did you 6 with respect to the documents that are related to 6 use? 7 XP, that has XP e-mail address or -- 7 A. Oh, I don't know. Various terms, 8 Q. Right. 8 yes. 9 A. -- are you -- are you asking for 9 Q. Do you have a list of them 10 everything? 10 somewhere? 11 Q. I am asking for the documents 11 A. No, I do not. 12 containing your XP e-mail address. Those were in 12 Q. And these were terms that you 13 your Outlook, correct? 13 created? 14 A. That's correct, yes. 14 A. These are terms that I felt that was 15 Q. Okay. Did you use any process to 15 relevant to the case. 16 search for and review those files? 16 Q. Did you keep any paper files? 17 A. I have used the Outlook. 17 MR. SAKIN: Objection. 18 Q. How did you find files within 18 A. No. 19 Outlook? 19 BY MR. FULOP: 20 A. It's an application so it's like any 20 Q. So all files that you reviewed in 21 window that pops up. 21 connection with this case were on your MacBook, 22 Q. Did you search for documents? 22 correct? 18 20 1 A. Yes. 1 A. Yes. 2 Q. How did you search for them? 2 Q. Now, what e-mails addresses do you 3 A. By search words or just glancing 3 currently maintain? 4 through them. I don't know, yeah. 4 A. B-R-U-C-E-Y-K-I-M at Gmail.com. 5 Q. Well, that's the question is what 5 Q. And is that the only e-mail that you 6 you know. So how did you search for them? 6 maintained right now? 7 A. They -- 7 A. I also have B-R-U-C-E dot K-I-M at 8 MR. SAKIN: Objection. 8 mac.com, but I do not -- I do not use that. It's 9 A. Yeah, I don't know what "search" 9 -- it's more or less an inactive account. 10 means. I don't know, like when you -- how do 10 Q. Are those the only two e-mails 11 you -- how -- what does a search mean? 11 addresses that you maintain? 12 BY MR. FULOP: 12 A. Yes. 13 Q. You don't know what a search means? 13 Q. Now, between January 1, 2017 to the 14 A. No, meaning, like, am I supposed to 14 present and other than your XP e-mail address, 15 -- like, how do I search for documents? How do I 15 were there other e-mail addresses that you 16 -- 16 maintained? 17 Q. How did you search for documents? 17 A. No. 18 You testified you searched for documents. 18 Q. Have you searched your Gmail e-mail 19 A. You put it in -- you put it in -- 19 address for documents relevant to this case? 20 what you do is you put -- there is a magnifying 20 A. I have. 21 glass, and then -- then you can put in -- put in 21 Q. And what process did you use to do 22 search words or you go through down the e-mail. 22 that? 5 (Pages 17 to 20) www.DigitalEvidenceGroup,com Digital Evidence Gorup C'rt 2023 202-232-0646 FILED: NEW YORK COUNTY CLERK 05/31/2024 11:43 PM INDEX NO. 651341/2020 NYSCEF DOC. NO. 175 RECEIVED NYSCEF: 05/31/2024 9/12/2023 Bruce Kim v. XP Securities, LLC et al. Bruce Kim Confidential - Under the Protective Order 21 23 1 A. I go into the search area and I type 1 MR. SAKIN: Objection. 2 in words or I can scroll down by timeline. I can 2 A. Can you rephrase the question? 3 go to the inbox or send box. 3 Yeah, I don't understand that question. 4 Q. And what did you do? 4 BY MR. FULOP: 5 A. Probably all three of them. 5 Q. Did -- the e-mails that were in your 6 Q. Did you use the same search terms as 6 XP e-mail address before you left, are those the 7 you used in searching the XP e-mails? 7 same as the e-mails that were in your MacBook 8 A. I don't know. 8 after you left? 9 Q. You don't have a list of those 9 MR. SAKIN: Objection. 10 terms, right? 10 A. I'm -- I'm not following the 11 A. I do not. 11 question here. So were they -- just -- just one 12 Q. All the documents that your 12 more time, please. I just want to be clear 13 attorneys produced in this case on your behalf, 13 because -- 14 did you review those before they were produced? 14 BY MR. FULOP: 15 A. I don't know. 15 Q. Sure. 16 Q. Were there documents you reviewed 16 You had XP e-mails, right, in your 17 that were relevant to this case that you did not 17 Outlook? 18 turn over to your attorneys? 18 A. Yes. 19 A. Not to my knowledge, no. 19 Q. How did they get there? 20 Q. Okay. So after your termination, 20 A. It's an application that was 21 you retained e-mails from your XP e-mail address, 21 downloaded while I was -- I was employed at XP. 22 correct? 22 Q. Okay. And that Outlook that you had 22 24 1 MR. SAKIN: Objection. 1 on your MacBook, did that contain all the e-mails 2 A. What does "retain" mean? 2 that were in your -- did that contain all of the 3 BY MR. FULOP: 3 e-mails that you would have seen if you went to 4 Q. Did you keep e-mails from your XP 4 your Outlook from your XP computer? 5 e-mail address? 5 MR. SAKIN: Objection. 6 A. I am sorry. Can you repeat the 6 A. I -- yeah, I wouldn't know that. 7 question? I apologize. 7 BY MR. FULOP: 8 Q. Sure. 8 Q. Okay. So you don't know which 9 Did you keep e-mails from your XP 9 e-mails were specifically in your Outlook, right? 10 e-mail address after your departure from the 10 A. Well, I think your question was do I 11 company? 11 know whether or not the same as the XP -- that I 12 A. Did I -- did I maintain -- did I 12 would have observed that XP versus my laptop. I 13 keep the e-mail address? I kept -- what was 13 wouldn't be able to answer that question. I 14 preserved was -- was preserved was the e-mail 14 can't compare the two. 15 address -- the e-mails with XP address. 15 Q. Let's strike that. 16 Q. And those were on your MacBook, 16 A. Sorry. 17 correct? 17 Q. So when -- when did you download the 18 A. It resided in the MacBook under the 18 e-mails from XP onto your computer? 19 application I described earlier. 19 MR. SAKIN: Objection. 20 Q. And were those all of your XP 20 A. What is the -- when did I download 21 e-mails, or were they only a subset of those 21 the e-mails from -- is your question the e-mails 22 e-mails? 22 that are in the application, downloading those 6 (Pages 21 to 24) www.DigitalEvidenceGroup,com Digital Evidence Gorup C'rt 2023 202-232-0646 FILED: NEW YORK COUNTY CLERK 05/31/2024 11:43 PM INDEX NO. 651341/2020 NYSCEF DOC. NO. 175 RECEIVED NYSCEF: 05/31/2024 9/12/2023 Bruce Kim v. XP Securities, LLC et al. Bruce Kim Confidential - Under the Protective Order 25 27 1 e-mails? Is that what you mean? 1 Q. Were there confidential documents in 2 BY MR. FULOP: 2 your XP e-mail? 3 Q. After -- 3 MR. SAKIN: Objection. Calls for 4 A. I'm sorry. 4 legal conclusion. 5 Q. Did you use -- what did you use to 5 A. Yes, I am not an attorney. 6 look for e-mails -- look at e-mails when you were 6 BY MR. FULOP: 7 at XP? Did you use your MacBook? 7 Q. You just said you know what a 8 A. Both MacBook as well as desktop at 8 confidential document is. What is a confidential 9 the -- at work. 9 document? 10 Q. And did those e-mails roughly align 10 A. I know what confidential document 11 with each other? 11 means, but to answer your second question is 12 A. Yeah, they are in alignment, yes. 12 where I'm saying that I can't -- I can't make a 13 Q. So -- so the e-mails on your Outlook 13 legal opinion on that. 14 are the same as the e-mails that you would have 14 Q. I didn't ask for a legal opinion. I 15 seen in your XP laptop at work, correct? 15 asked you: Are there confidential documents in 16 MR. SAKIN: Objection. 16 your XP e-mail address? 17 A. I don't know what this means in this 17 MR. SAKIN: The same objection. 18 context. It means identical so then we are going 18 A. Yeah, it's -- again, it's a -- 19 back to the same. 19 that's matter of legal opinion. 20 BY MR. FULOP: 20 BY MR. FULOP: 21 Q. Similar. 21 Q. You are under oath, Mr. Kim. 22 A. Similar, yeah. They appear to be 22 A. Yeah. 26 28 1 similar, but, again, I want to be clear that I 1 Q. Did you ask XP to create an NDA for 2 can't testify whether or not they're the same. 2 the HUBL, "yes" or "no"? 3 Q. Okay. And some of those -- and you 3 A. Did I ask to create an NDA for HUBL? 4 agree that XP e-mails were confidential, correct? 4 I did, yes. 5 MR. SAKIN: Objection. He is not a 5 Q. You did because there was 6 lawyer. 6 confidential information that you were going to 7 (Reporter clarification.) 7 be sharing, correct? 8 MR. FULOP: Excuse me. That's not a 8 MR. SAKIN: Objection. 9 proper objection. So you can state your 9 A. Yes. 10 objection, but "he is not a lawyer" is not an 10 BY MR. FULOP: 11 objection. 11 Q. So you know what a confidential 12 MR. SAKIN: Calls for a legal 12 document is, correct? 13 conclusion. 13 MR. SAKIN: Objection. Asked and 14 MR. FULOP: Okay. Thank you. 14 answered. And please stop badgering the 15 BY MR. FULOP: 15 witness. 16 Q. Can you answer the question? 16 A. I know what a confidential document 17 A. I don't know. It's a matter of 17 is. I said yes. 18 legal question, I suppose. 18 BY MR. FULOP: 19 Q. Okay. You don't know what a 19 Q. But you're under oath not going to 20 confidential document is? 20 testify whether there was a single confidential 21 A. Confidential document, I do know 21 document in your XP e-mail? 22 what a confidential document is. 22 MR. SAKIN: Objection. Calls for 7 (Pages 25 to 28) www.DigitalEvidenceGroup,com Digital Evidence Gorup C'rt 2023 202-232-0646 FILED: NEW YORK COUNTY CLERK 05/31/2024 11:43 PM INDEX NO. 651341/2020 NYSCEF DOC. NO. 175 RECEIVED NYSCEF: 05/31/2024 9/12/2023 Bruce Kim v. XP Securities, LLC et al. Bruce Kim Confidential - Under the Protective Order 29 31 1 legal conclusion and is badgering. 1 Q. But you see here that it's 2 A. I don't know what legal -- what 2 instructing you to immediately return any and all 3 confidential is in the context of line of 3 property belonging to XP in your possession, 4 questioning you are asking me so I'm -- I'm -- 4 correct? That's the fourth -- the fourth line. 5 yeah. 5 A. Yes, I see that. Yes. 6 BY MR. FULOP: 6 Q. You didn't do that, right? 7 Q. Was there -- was there information 7 MR. SAKIN: Objection. Calls for 8 in your XP e-mail that was not public? 8 legal conclusion. 9 A. Yes, there were non-public 9 A. It says: All property belonging to 10 information on that, yeah. 10 XPI. I don't know what that means. 11 Q. Okay. Now, why did you continue to 11 BY MR. FULOP: 12 access your XP e-mail after you left the company? 12 Q. Did you return all property 13 MR. SAKIN: Objection. Misstates 13 belonging to XP in your possession? 14 his prior testimony. 14 MR. SAKIN: Same objection. 15 A. What was the question again? 15 A. Like I said, I don't know what "all 16 BY MR. FULOP: 16 property belonging to XPI" in this section would 17 Q. Why did you continue to access your 17 mean. 18 XP e-mails after you left the company? 18 BY MR. FULOP: 19 A. I think I said that I reviewed them 19 Q. Did you return the XP e-mails that 20 to search for documents because -- because they 20 were in your possession to XP? 21 were relevant to the case. 21 A. No, I did not. 22 Q. Okay. Why did you keep those 22 Q. Did you ask for clarification on 30 32 1 documents in your possession after you left XP? 1 what I meant when I said "all property"? 2 A. I think I use the word "preserved." 2 A. I don't recall having that 3 Q. Okay. Why did you preserve those 3 conversation with my attorney, but I am sure this 4 documents in your possession after you left XP? 4 document was discussed. 5 A. Because -- because -- because it was 5 Q. But you don't recall asking for 6 -- it was a matter of litigation and an 6 clarification as to what "all property" means, 7 obligation to preserve them. 7 correct? 8 MR. FULOP: Let's mark this Kim 8 A. I don't recall, no. 9 Exhibit 3. 9 Q. After you received this letter, did 10 (Whereupon, Exhibit 3, July 21, 2021 10 you continue to access XP e-mails that were in 11 Letter, was marked for identification.) 11 your possession? 12 BY MR. FULOP: 12 MR. SAKIN: Objection. 13 Q. Kim Exhibit 3 is a letter that I 13 MR. FULOP: What is your objection? 14 sent to you on July 21st of 2021. 14 MR. SAKIN: Vague. 15 Mr. Kim, did you receive this 15 A. "Access," what do you mean by 16 letter? 16 "access"? 17 A. I don't recall, but I am reading it. 17 BY MR. FULOP: 18 Q. Okay. 18 Q. Did you continue to look at XP 19 A. Okay. 19 e-mails that were in your possession? 20 Q. My question was if you -- if you 20 A. Yes, at times, yes. 21 received this document? 21 Q. Did you need to look at those 22 A. I don't recall. 22 e-mails in order to preserve them? 8 (Pages 29 to 32) www.DigitalEvidenceGroup,com Digital Evidence Gorup C'rt 2023 202-232-0646 FILED: NEW YORK COUNTY CLERK 05/31/2024 11:43 PM INDEX NO. 651341/2020 NYSCEF DOC. NO. 175 RECEIVED NYSCEF: 05/31/2024 9/12/2023 Bruce Kim v. XP Securities, LLC et al. Bruce Kim Confidential - Under the Protective Order 33 35 1 A. Need, no, there was no need. 1 Q. You believe you're under an 2 Q. And you continued to look at XP 2 obligation to preserve those documents, correct? 3 e-mails through 2023, correct? 3 A. Yes. 4 A. I don't know th