On November 26, 2019 a
Motion-Secondary
was filed
involving a dispute between
Runyon, Nathan Peter,
and
Does 1-50, Inclusive,
Ng, Kaiser,
Payward, Inc., A California Corporation,
for civil
in the District Court of San Francisco County.
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1 Kimberly Pallen (SBN 288605)
kimberly.pallen@withersworldwide.com
2 Christopher N. LaVigne (NYBN 4811121) ELECTRONICALLY
(admitted Pro Hac Vice)
3 christopher.lavigne@withersworldwide.com F I L E D
Superior Court of California,
Withers Bergman LLP County of San Francisco
4 505 Sansome Street, 2nd Floor
San Francisco, California 94111 05/27/2021
Clerk of the Court
5 Telephone: 415.872.3200 BY: SANDRA SCHIRO
Facsimile: 415.549 2480 Deputy Clerk
6
Attorneys for Defendants Payward, Inc., a
7 California Corporation d/b/a Kraken; and Kaiser
Ng, an individual
8
9 SUPERIOR COURT OF THE STATE OF CALIFORNIA
10 COUNTY OF SAN FRANCISCO
11
12 NATHAN PETER RUNYON, an individual, Case No. CGC-19-581099
13 Plaintiff, DECLARATION OF KAISER NG IN
SUPPORT OF DEFENDANTS’ MOTION
14 v. TO FILE EXHIBIT I TO THE
DECLARATION OF KAISER NG IN
15 PAYWARD, INC., a California Corporation SUPPORT OF SUMMARY
d/b/a KRAKEN; and Kaiser NG, an ADJUDICATION UNDER SEAL
16 individual; and DOES 1 through 10, inclusive,
Filed Concurrently with Defendants’ Notice of
17 Defendants. Motion and Motion to File Exhibit I to the
Declaration of Kaiser Ng In Support of
18 Summary Adjudication Under Seal;
Memorandum of Points and Authorities, and
19 [Proposed] Order Granting Defendants’
Motion to File Exhibit I to the Declaration of
20 Kaiser Ng In Support of Summary
Adjudication Under Seal
21
Date: August 12, 2021
22 Time: 9:30 a.m.
Dept.: 302
23
The Hon. Ethan P. Schulman
24
Action Filed: November 26, 2019
25 Trial Date: September 13, 2021
26
27
28
W I THER S
B ERGMA N LLP
DECLARATION OF KAISER NG IN SUPPORT OF DEFENDANTS’ MOTION TO FILE UNDER SEAL
1 I, Kaiser Ng, declare and state as follows:
2 1. The facts stated in this declaration are based on my personal knowledge, and, if called to
3 testify, I could and would competently testify to them.
4 2. I am the Chief Financial Officer (“CFO”) of Payward, Inc. d/b/a Kraken (“Payward”),
5 and was CFO at all times during the time period reflected in Plaintiff Nathan Peter Runyon’s First
6 Amended Complaint (“FAC”).
7 3. I make this declaration in support of Defendants Payward, Inc. and Kaiser Ng’s
8 (collectively, “Defendants”) Motion to File Portions of Defendants’ Motion for Summary
9 Adjudication under Seal (the “Motion”). In order to support the Motion, Defendants must submit
10 to the Court an exhibit to my declaration in support of the Motion, a November 27, 2017 Board
11 Consent of Payward, Inc., that contains the following trade secrets: confidential information not
12 known to the public about Payward, a chartered bank, and operator of a major cryptocurrency
13 exchange, pertaining to the number of shares of Common Stock authorized for issuance over the
14 term of Payward’s stock plan, as well as information about Payward employees’ stock options, the
15 number of stock options awarded to each, and the vesting plans for each employee.
16 4. If this information were to be made public, it would be detrimental to Payward’s
17 ability to compete since all of our competitors and potential hackers would be able to use this data.
18 More specifically, Exhibit I has economic value to competitors because, among other things, it
19 reveals information relevant to the valuation of a private company and it reveals economically
20 valuable insight into the stock option packages for a large number of Payward employees, permitting
21 other companies to more easily poach those employees. In addition, Exhibit I has economic value
22 to potential hackers. Thieves and hackers are well known for targeting cryptocurrency exchanges
23 and other tech companies by targeting employees. Because Payward keeps most employee identities
24 confidential, the wide-ranging list of current and former employees included in this document is
25 economically valuable to thieves and hackers.
26 5. Defendants seek to file under seal only the trade secret information to be protected
27 and not any other documents.
28 I declare under penalty of perjury under the laws of the State of California that the foregoing
W I THER S
B ERGMA N LLP 2
DECLARATION OF KAISER NG IN SUPPORT OF DEFENDANTS’ MOTION TO FILE UNDER SEAL
Document Filed Date
May 27, 2021
Case Filing Date
November 26, 2019
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1 Kimberly Pallen (SBN 288605) kimberly.pallen@withersworldwide.com 2 Christopher N. LaVigne (NYBN 4811121) ELECTRONICALLY (admitted Pro Hac Vice) 3 christopher.lavigne@withersworldwide.com F I L E D Superior Court of California, Withers Bergman LLP County of San Francisco 4 505 Sansome Street, 2nd Floor San Francisco, California 94111 05/27/2021 Clerk of the Court 5 Telephone: 415.872.3200 BY: SANDRA SCHIRO Facsimile: 415.549 2480 Deputy Clerk 6 Attorneys for Defendants Payward, Inc., a 7 California Corporation d/b/a Kraken; and Kaiser Ng, an individual 8 9 SUPERIOR COURT OF THE STATE OF CALIFORNIA 10 COUNTY OF SAN FRANCISCO 11 12 NATHAN PETER RUNYON, an individual, Case No. CGC-19-581099 13 Plaintiff, DECLARATION OF KAISER NG IN SUPPORT OF DEFENDANTS’ MOTION 14 v. TO FILE EXHIBIT I TO THE DECLARATION OF KAISER NG IN 15 PAYWARD, INC., a California Corporation SUPPORT OF SUMMARY d/b/a KRAKEN; and Kaiser NG, an ADJUDICATION UNDER SEAL 16 individual; and DOES 1 through 10, inclusive, Filed Concurrently with Defendants’ Notice of 17 Defendants. Motion and Motion to File Exhibit I to the Declaration of Kaiser Ng In Support of 18 Summary Adjudication Under Seal; Memorandum of Points and Authorities, and 19 [Proposed] Order Granting Defendants’ Motion to File Exhibit I to the Declaration of 20 Kaiser Ng In Support of Summary Adjudication Under Seal 21 Date: August 12, 2021 22 Time: 9:30 a.m. Dept.: 302 23 The Hon. Ethan P. Schulman 24 Action Filed: November 26, 2019 25 Trial Date: September 13, 2021 26 27 28 W I THER S B ERGMA N LLP DECLARATION OF KAISER NG IN SUPPORT OF DEFENDANTS’ MOTION TO FILE UNDER SEAL 1 I, Kaiser Ng, declare and state as follows: 2 1. The facts stated in this declaration are based on my personal knowledge, and, if called to 3 testify, I could and would competently testify to them. 4 2. I am the Chief Financial Officer (“CFO”) of Payward, Inc. d/b/a Kraken (“Payward”), 5 and was CFO at all times during the time period reflected in Plaintiff Nathan Peter Runyon’s First 6 Amended Complaint (“FAC”). 7 3. I make this declaration in support of Defendants Payward, Inc. and Kaiser Ng’s 8 (collectively, “Defendants”) Motion to File Portions of Defendants’ Motion for Summary 9 Adjudication under Seal (the “Motion”). In order to support the Motion, Defendants must submit 10 to the Court an exhibit to my declaration in support of the Motion, a November 27, 2017 Board 11 Consent of Payward, Inc., that contains the following trade secrets: confidential information not 12 known to the public about Payward, a chartered bank, and operator of a major cryptocurrency 13 exchange, pertaining to the number of shares of Common Stock authorized for issuance over the 14 term of Payward’s stock plan, as well as information about Payward employees’ stock options, the 15 number of stock options awarded to each, and the vesting plans for each employee. 16 4. If this information were to be made public, it would be detrimental to Payward’s 17 ability to compete since all of our competitors and potential hackers would be able to use this data. 18 More specifically, Exhibit I has economic value to competitors because, among other things, it 19 reveals information relevant to the valuation of a private company and it reveals economically 20 valuable insight into the stock option packages for a large number of Payward employees, permitting 21 other companies to more easily poach those employees. In addition, Exhibit I has economic value 22 to potential hackers. Thieves and hackers are well known for targeting cryptocurrency exchanges 23 and other tech companies by targeting employees. Because Payward keeps most employee identities 24 confidential, the wide-ranging list of current and former employees included in this document is 25 economically valuable to thieves and hackers. 26 5. Defendants seek to file under seal only the trade secret information to be protected 27 and not any other documents. 28 I declare under penalty of perjury under the laws of the State of California that the foregoing W I THER S B ERGMA N LLP 2 DECLARATION OF KAISER NG IN SUPPORT OF DEFENDANTS’ MOTION TO FILE UNDER SEAL