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  • SEAN DEBOTTE VS. KING DIGITAL ENTERTAINMENT PLC SECURITIES/INVESTMENT document preview
  • SEAN DEBOTTE VS. KING DIGITAL ENTERTAINMENT PLC SECURITIES/INVESTMENT document preview
  • SEAN DEBOTTE VS. KING DIGITAL ENTERTAINMENT PLC SECURITIES/INVESTMENT document preview
  • SEAN DEBOTTE VS. KING DIGITAL ENTERTAINMENT PLC SECURITIES/INVESTMENT document preview
  • SEAN DEBOTTE VS. KING DIGITAL ENTERTAINMENT PLC SECURITIES/INVESTMENT document preview
  • SEAN DEBOTTE VS. KING DIGITAL ENTERTAINMENT PLC SECURITIES/INVESTMENT document preview
  • SEAN DEBOTTE VS. KING DIGITAL ENTERTAINMENT PLC SECURITIES/INVESTMENT document preview
  • SEAN DEBOTTE VS. KING DIGITAL ENTERTAINMENT PLC SECURITIES/INVESTMENT document preview 
						
                                
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KEVIN P. MUCK (CSB No. 120918)
kmuck@fenwick.com

DEAN S. KRISTY (CSB No. 157646)
dkristy@fenwick.com

MARIE C. BAFUS (CSB No. 258417)
mbafus@fenwick.com

FENWICK & WEST LLP

555 California Street, 12th Floor

San Francisco, California 94104
Telephone: (415) 875-2300
Facsimile: (415) 281-1350

Attorneys for Defendants

King Digital Entertainment PLC,
Hope Cochran, Robert S. Cohn and
E. Stanton McKee

ELECTRONICALLY
FILED

Superior Court of California,
‘County of San Francisco

01/09/2017
Clerk of the Court

BY:GARY FELICIANO
Deputy Clerk

SUPERIOR COURT OF THE STATE OF CALIFORNIA

COUNTY OF SAN FRANCISCO

IN RE KING DIGITAL ENTERTAINMENT
ple SHAREHOLDER LITIGATION

This Document Relates To:

ALL ACTIONS

Lead Case No. CGC-15-544770
CLASS ACTION

DECLARATION OF DEAN S. KRISTY IN
SUPPORT OF KING DEFENDANTS’
MOTION TO FILE PORTIONS OF CLASS
REPRESENTATIVES’ SUPPLEMENTAL
SUBMISSION REGARDING CLASS
REPRESENTATIVES’ MOTION FOR
PRELIMINARY APPROVAL OF CLASS
ACTION SETTLEMENT AND EXHIBITS
1-16 THERETO UNDER SEAL

Date:
Time:
Dept:
Judge:

January 12, 2017

4:00 p.m.

304

The Honorable Curtis E.A. Karnow

Action Filed: March 17, 2015

DECL. OF DEAN S. KRISTY ISO
KING DEFS.’ MOT. TO SEAL
CLASS REPS.’ SUPP. SUBMISSION

LEAD CASE NO. CGC-15-544770w

wn

I, Dean S. Kristy, do hereby declare as follows:

1. I am a member of the State Bar of California and a partner in the law firm of
Fenwick & West LLP, counsel for defendants King Digital Entertainment ple (“King” or the
“Company”), Hope Cochran, Robert S. Cohn and E, Stanton McKee (collectively with King, the
“King Defendants”). I have personal knowledge of the matters set forth below and, if called upon,
could testify competently to them.

2. I submit this declaration pursuant to California Rule of Court 2.551(b)(1) and in
support of the King Defendants’ Motion to File Portions of the Class Representatives’
Supplemental Submission Regarding Class Representatives’ Motion for Preliminary Approval of
Class Action Settlement and Exhibits 1-16 Thereto Under Seal (the “Motion to Seal”).

3. During the November 17, 2016 hearing on plaintiffs’ motion for preliminary
approval of the settlement in the above-captioned action, the Court requested that the parties
provide additional information regarding the merits and defenses to plaintiffs’ allegations, as well
as causation and damages, to further assist the Court in its preliminary evaluation of the fairness
of the settlement. On December 28, 2016, in accordance with the Court’s request, Class
Representatives filed a Supplemental Submission Regarding Class Representatives’ Motion for
Preliminary Approval of Class Action Settlement (the “Class Representatives’ Supplemental
Submission”) and accompanying Exhibits 1-16 (“Class Representatives’ Exhibits”), within which
Class Representatives attached, cited, quoted, or discussed certain documents produced in
discovery by King or the Underwriter Defendants' that had been designated as “Confidential”
under the terms of the Stipulation and Protective Order Regarding Confidential Information
entered by this Court on September | 1, 2015 (the “Protective Order”). Pursuant to California
Rule of Court 2.551, the Class Representatives lodged the Class Representatives’ Supplemental

Submission and Class Representatives’ Exhibits 1-16 thereto conditionally under seal and

' The “Underwriter Defendants” means the underwriters of King’s March 26, 2014 initial public
offering (“IPO”) who are also defendants in this action: J.P Morgan Securities LLC, Credit Suisse
Securities (USA) LLC, Merrill Lynch, Pierce, Fenner & Smith Incorporated, Barclays Capital
Inc., Deutsche Bank Securities Inc., RBC Capital Markets, LLC, BMO Capital Markets Corp.,
Cowen and Company, LLC, Pacific Crest Securities LLC, Piper Jaffray & Co., Stifel, Nicolaus &
Company, Incorporated, Wedbush Securities Inc. and Raine Securities LLC.

DECL. OF DEAN S. KRISTY ISO 1 LEAD CASE NO. CGC-15-544770
KING DEFS.’ MOT. TO SEAL
CLASS REPS.’ SUPP. SUBMISSIONwn

publicly filed a redacted version of the Class Representatives Supplemental Submission.
4. The King Defendants now move to permanently seal Class Representatives’
Exhibits 1-16 and the redactions appearing at the following pages of the Class Representatives’

Supplemental Submission:

Page(s) Lines

3 4-10
10-18
20-27

1-3
3-5
5-7

7-12
18-20
20-22
23-27

1

1-4

4-10
10-14
14-18

nln] on} cnn] as) | | |) co}

These redactions correspond to the redactions in the public redacted version of the Class
Representatives’ Supplemental Submission filed with this Court on December 28, 2016.

5. Class Representatives’ Exhibits 1-16 are discovery materials produced by King or
the Underwriter Defendants and designated as “Confidential” pursuant to the terms of the
Protective Order.’ Class Representatives do not dispute these designations. The redactions listed
in the table in paragraph 4 quote, refer to, or are derived from confidential information contained
in Class Representatives’ Exhibits 1-16. Both the exhibits and the redactions contain confidential
information, including King’s internal corporate strategies, business forecasts, projections and
budgets (one of which extends through 2018); King’s non-public financial information and
analyses thereof; confidential communications among King’s management or King’s Board of
Directors (“Board”) regarding corporate strategy, financial and business performance analyses
and data; and information regarding King’s business performance and trends, none of which was
prepared with an eye towards public dissemination. The games discussed in these documents

? Class Representatives’ Exhibit 9 was marked “Confidential” by the Underwriter Defendants
pursuant to the Protective Order, but contains King’s confidential information.

DECL. OF DEAN S. KRISTY ISO 2 LEAD CASE NO. CGC-15-544770
KING DEFS.’ MOT. TO SEAL
CLASS REPS.’ SUPP. SUBMISSIONFenwick & West LLP

remain active games, and the forecasts, projections, budgets and analyses regarding these games
and their performance reflect how King views these opportunities and are therefore confidential
to the Company.

6. Class Representatives’ Exhibits 1, 2, 11, 13 and 16 contain confidential internal
financial budgets, forecasts, plans, targets, corporate strategies and product timelines, as well as
analyses of financial and business performance related thereto. The redactions to the
Supplemental Submission at 3:4-10, 4:7-12, 4:18-20, 5:1-4, 5:10-14 either refer to or quote from
the confidential information contained in Class Representatives’ Exhibits 1, 2, 11, 13, 16.

te Class Representatives’ Exhibits 3, 4, 5, 6, 7, 8, 10, 12, 14 and 15 are
communications: (i) between King’s Board members; or (ii) among King’s senior management
containing confidential financial and business performance analyses, corporate strategies, as well
as internal financial and business data. The redactions to the Supplemental Submission at 3:10-
18, 3:20-27, 4:1-3, 4:5-7, 4:20-22, 4:23-27, 5:1, 5:4-10, 5:14-18 either refer to or quote from the
confidential information contained in Class Representatives’ Exhibits 3, 4, 5, 6, 7, 8, 10, 12, 14
and 15.

8. Class Representatives’ Exhibit 9 is a set of notes from a confidential meeting
regarding King’s IPO which were produced by the Underwriter Defendants and marked
“Confidential” pursuant to the Protective Order. Class Representatives’ Exhibit 9 contains
information regarding King’s non-public financial information and analyses thereof as well as
business projections and forecasts. The redaction to the Class Representatives’ Supplemental
Submission at 4:3-5 refers to the confidential information contained in Class Representatives’
Exhibit 9.

I declare under penalty of perjury under the laws of the State of California that the
foregoing is true and correct.

Executed this 4 th day of January, 2017, at San Francisco, California.

Dean S. Kristy

DECL. OF DEAN S. KRISTY ISO 3 LEAD CASE NO. CGC-15-544770
KING DEFS.’ MOT. TO SEAL
CLASS REPS.’ SUPP. SUBMISSION