Preview
FILED: NEW YORK COUNTY CLERK 08/27/2019 08:01 AM INDEX NO. 150315/2019
NYSCEF DOC. NO. 75 RECEIVED NYSCEF: 08/27/2019
EXHIBIT 25
FILED: NEW YORK COUNTY CLERK 08/27/2019 08:01 AM INDEX NO. 150315/2019
NYSCEF DOC. NO. 75 RECEIVED NYSCEF: 08/27/2019
SETTLEMENT AGREEMENT KNOPF/DECHERT
WHEREAS Plaintiffs Norma Knop f and Michael Knopf ("Plai ntiffs") commenced an
action (" Knopfv. Dechert") against Defendants Dechert LLP (" Dechert") and Pursuit Holdings,
LLC nlk/a Pursuit Holdings (NY), LLC ("Pursuit") in New York Supreme Court, New York
Cou nty on August 24, 2016 (Index No. 157098/2016) claiming, inter alia that Dechert was the
transferee of a fraudulent conveyance or Pursuit 's assets by accepting legal fees, allegedly from
Pursuit, which claims Dechert has consistently denied;
WHEREAS, on October 27, 20 16, the Plaintiffs filed an Amended Complaint, which
asserted add itional causes of action against Dechert, including that Dechert sol icited the sale of
certain of Pursuit's property, which claims Dechert has consistently denied;
WHEREAS Defendant Dechert' s motion to dismiss all claims against Dechert in the
above-captioned action has been f·ully briefed before Hon. Richard F. Braun, J.S. C., and is now
pending decision;
WHEREAS counsel for Plainti ffs, Eric Berry ("Mr. Berry"), commenced an acti on against
Dechert in New York Supreme Court, New York County in March 20 16, Beny v. Dechert LLP,
Index No. 152360/2016 ("Beny v. Dechert" ) by filing a summons with notice claiming
defamation, and no complaint has been filed ; and
WHEREAS the above-captioned action, and Berty v. Dechert , are the only two actions
commenced by any party hereto against Dechert; and
WHEREAS there are multipl e pending actions, including the above-capti oned action,
which involve related facts , claims and parties, and including the fo llowing: Knopf v. Dechert,
Beny v. Dechert, Michael!. Knopfet at. v.Michael Hayden Sanforcl, eta/., Index No. 11 3227-
2009 (" Knopfv. Sanford'), Norma and Michael Knopfv. Pursuit Holdings, LLC, Michael Hayden
FILED: NEW YORK COUNTY CLERK 08/27/2019 08:01 AM INDEX NO. 150315/2019
NYSCEF DOC. NO. 75 RECEIVED NYSCEF: 08/27/2019
Sanford and John Does 1-5, Index No . 65 103 1-20 16 (" Knopf v. Pursuit, Sanford, and John Does
1-5"), and Knopfv. Phillips 1:16-cv-6601-DLC (S.D.N.Y.) (" Knopfv. Phillips) (together, the
" Pending Actions");
WHEREAS Dechert holds an amount of$265,849.05, whi ch is part of the remaining
balance from Michael Hayden Sanford's ("Mr. Sanford") $500,000 Retainer paid to Dechert fo r
legal services (the " $265,849.05 Retainer Balance") ;
WHEREAS, on or around September 27; 2016, Mr. Sanford discharged Dechert as
counsel for Mr. Sanford as an individual in Knopfv. Sanford and Knopfv. Pursuit, Sanford, and
John Does 1-5 (the " Individual Di scharge Agreement");
WHEREAS , on October 21 , 20 16, Mr. Sanford (who had previously discharged Dechert
as counsel for Mr. San ford in his personal capacity as indi cated above) on behalf of hi s controlled
entities discharged Dechert from its representation pursuant to: (i) an executed Di scharge of
Attorney, Resolutio n of Outstanding Fees and Expenses, and Agreement to Withdraw Motion
Sequence #024 and #025, fi led in New York Supreme Court, New York County in Knopfv.
Sanford; and (ii) pursuant to an executed Discharge of Attorney, Resolution of Outstanding Fees
and Expenses, and Agreement to Withdraw Motion Sequence #002, fi led in New York Supreme
Court, New York County in Knopf v. Pursuit, Sanford, and John Does 1-5 (together the
"Sanford/ Pursuit Discharge Settlement Agreements"), in which agreements Mr. Sanford and his
related corporate entities waived any clai m to the $265,849.05 Retainer Balance and , as result of
w hich and in addi ti o n to the Di scharge Agreement, Dechert no longer represented Pursuit nor Mr.
Sanford, nor any of Mr. Sanford 's other entities, including Sanford Partners, LP , MH Sanford &
Co. , LLC, and W yndclyffe, LLC;
2
FILED: NEW YORK COUNTY CLERK 08/27/2019 08:01 AM INDEX NO. 150315/2019
NYSCEF DOC. NO. 75 RECEIVED NYSCEF: 08/27/2019
WHEREAS Mr. Sanford agreed in the Sanford/Pursuit Discharge Settlement Agreements
that " Dechert is thus owed an additional $265,849.05," i.e., the $265,849.05 Retainer Balance and
such ob ligation has not been satisfied and Dechert has not waived its claim to this amount;
WHEREAS Dechert holds in escrow and has previously waived, in the San fo rd/Pursuit
Discharge Settlement Agreements, any cla im to an additional amount of $100,000, which is also
part of the remaining balance from Mr. Sanford's Retainer paid to Dechert for legal services (the
"$ 100,000 Retainer Balance");
WHEREAS Dechert ho lds in a separate escrow account, pursuant to an interim Order of
February 25, 2016 issued by the First Department in Knopf v. Sanford (which Order was
d issolved by Deci sion ofthe Appellate Division dated June 16, 2016), approximately $436,227.32
(the "$436,227.32 Escrow"), over which Dechert, in the Sanford/Pursuit D ischarge Settlement
Agreements, waived any claim;
WHEREAS the First Department entered an Order dated March 24,2016 in Knopfv.
Sanford prohibiting certain transfers including from the " proceeds derived from the sale" of
certain assets (the "March 24111 Order");
WHEREAS New York State Supreme Court (B raun, J.) has entered certain Orders on
consent dated March 2, March 17, and April 7, 2016, in Knopf v. Sanford prohibi ti ng certain
transfers (the "Supreme Court Consent Orders"); and
WHEREAS, to avoid litigation costs and without admission of wrongdoing by any party,
Plaintiffs, their counsel, and Dechert have agreed to resolve their differences per the terms
outli ned herein and annexed hereto to this Stipulation of Settlement Between Plaintiffs and
Dechert LLP (the "Stipulation of Settlement");
3
FILED: NEW YORK COUNTY CLERK 08/27/2019 08:01 AM INDEX NO. 150315/2019
NYSCEF DOC. NO. 75 RECEIVED NYSCEF: 08/27/2019
NOW, THEREFORE, in consideration of the mutual promises set forth herein and other
good and valuable consideration, the receipt and sufficiency of which are hereby acknow ledged,
the Parties hereby agree as follows:
I. The Parties hereto s II execute and de · er a stipulation to be submitted to
Appellate Division, First Department fo .~
direction of the transfer to Dechert of the $
other order including without limitation
2. The Parties hereto shall execute and deliver a stipulation in the Kno .
acti on to be submitted to New York Supreme Court, New York County, seeking authorization and
di rection of the transfer to Dechert or the $265 ,849.05 Retainer Balance, notwithstanding any
other order including without limitation the Supreme Court Consent Orders.
3. The Plaintiffs and Dechert shall execute and deliver a Stipu lation of Voluntary
Di scontinuance with Prejudice ofthe above-captioned action, as against Dechert.
4. Mr. Berry and Dechert shall execute and deliver a Stipulation of Voluntary
Discontinuance with Prejudice of Berty v. Dechert.
5. Upon entry by the respective Courts of both ofthe stipulated o rders seeking
authorization and direction of the transfer to Dechert of the $265,849.05 Retainer Balance,
Dechert wi ll pay and transfer from such fund s $260,000 to Mr. Berry as counse l for Plaintiffs and
as counse l for Delphi Capital Management LLC . Dechert shall retain $5,849.05 hom the
$265,849.05 Retainer Balance for Dechert 's own account.
6. Upon completion of the transfers outlined supra the immediately preceding
paragraph hereof, the Plaintiffs and their counsel will file (i) the Stipulation of D iscontinuance
with Prejudice in the above-captioned acti on; and (ii) the Stipulation of Discontinuance with
4
FILED: NEW YORK COUNTY CLERK 08/27/2019 08:01 AM INDEX NO. 150315/2019
NYSCEF DOC. NO. 75 RECEIVED NYSCEF: 08/27/2019
Prejudice in the Beny v. Dechert action. The Plaintiffs, Mr. Berry, and Dechert shall take any
additional steps necessary to ensure that both the above-captioned action and the Beny v. Dechert
action are dismissed with prejudice as against Dechert, inc Iuding the preparation and fi Iing of any
additional documents required by the Courts and the Clerks thereof.
7. No transfer from the $436,227.32 Escrow will be made pursuant to thi s Stipulation
of Settlement. No transfer from the $100,000 Retainer Balance will be made pursuant to this
Stipulation of Settlement. Dechert shall promptly remit or distribute such monies pursuant to a
final and binding court order directing such remittance and distribution unless the efficacy of
such order is stayed by the filing of supersedeas bond or otherwise. For the avoidance of any
doubt, and without limiting the releases set forth below, Dechert shall have no liabili ty or
potential liability in connection with the matters reso lved herein, other than to the extent of proper
and prompt di stribution pursuant to cou rt order or $100,000 (exactly and without any calculation
of interest) with respect to the $100,000 Retainer Balance and $436,227.32 (exactly and without
any calculation of interest) with respect to the $436,227.32 Escrow. These amounts shall remain
in non-interest bearing accounts.
8. Contingent upon the payment stipulated herein, neither Plaintiffs, nor Mr. Berry,
nor any agents thereof, nor any entiti es co ntrolled by Plaintiffs, shall serve any subpoena for
documents or testimony on Dechert, or upon any current or former employee, associate or partner
of Dechert, related to any action, including without limi tation the Pending Actions.
9. Notwithstanding the foregoing, Plaintiffs may issue a subpoena for testimony at
any trial, hearing, or deposition to James M. McGuire, Esq. or Jennings Durand, Esq. in the
Pending Actions, and Plaintiffs may subpoena Dechert for documents only to the extent Judge
5
FILED: NEW YORK COUNTY CLERK 08/27/2019 08:01 AM INDEX NO. 150315/2019
NYSCEF DOC. NO. 75 RECEIVED NYSCEF: 08/27/2019
Cote orders Mr. Sanford to produce documents in Knopfv. Phillips or Judge Braun orders Mr.
Sanford to produce documents in Knopfv. Sanford and Mr. Sanford does not comply.
l 0. Conti ngent upon the payments stipulated herein, Plaintiffs, their agents,
successors, and assigns, hereby knowingly and voluntarily release, remise, acquit, and fo rever
di scharge, from any and all rights, remedies, actions, claims, demands, causes of action, suits at
law or in equity, damage claims (whether consequential, punitive o r compensatory), verdi cts,
judgments and/o r liens, of any kind whatsoever, that Plaintiffs, thei r agents, successors, and
assigns may have ever had, may now have, or at any time hereafter may have against Dechert,
and any current or former employee, associate or partner of Dechert, including without limitation
James McGuire, Jennings Durand , Gary Mennitt, Negi n Hadaghian, and Jared Siegel.
ll . Contingent upon the payments stipulated herein, Berry Law, PLLC and Mr. Berry,
his agents, successors, and assigns hereby knowingly and vo luntari ly releases, rem ises, acquits,
and forever discharges, from any and all rig hts, remedies, actions, claims, demands, causes of
action, suits at law or in equity, damage claims (whether consequential, punitive or
compensatory), verdicts, judgments and/or liens, of any kind whatsoever, that Berry Law, PLLC
and Mr. Berry, his agents, successors, and assigns may have ever had, may now have, or at any
time hereafter may have against Dechert, and any current or former employee, associate or
partner of Dechert, including without limitatio n James McGuire, Jenn ings Durand, Gary Mennitt,
Negin Hadaghian, and Jared Siegel.
12. Contingent upon the effectiveness of the foregoing releases, Dechert, its agents,
successors, and assigns, hereby knowingly and voluntaril y releases, remises, acquits, and forever
discharges, from any and all rights, remedies, actions, claims, dem ands, causes of action, suits at
law or in equi ty, damage claims (whether consequential , punitive or compensatory), verdicts,
6
FILED: NEW YORK COUNTY CLERK 08/27/2019 08:01 AM INDEX NO. 150315/2019
NYSCEF DOC. NO. 75 RECEIVED NYSCEF: 08/27/2019
judgments and/or liens, of any kind w hatsoever, that Dechert, its agents, successors, and ass igns
may have ever had, may now have, o r at any time hereafter may have against Plaintiffs, Mr.
Berry, Berry Law, PLLC, and any enti ties owned o r controll ed by Plainti ffs.
13. Notwithstanding anything to the contrary herein, but without limiting the effect of
any release herein, Dechert m ay be named as a nominal defendant or as a stakeholder, to the
extent necessary, in an action concerning disposition of the $ 100,000 Retainer Balance or the
$436,227.32 Escrow, but Dechert shall have no obligation hereunder to take any position in such
suit and shall have no potential liability therein beyond compliance with any fi nal, binding, and
non-appealable court order concerning disposition of the $1 00,000 Retainer Balance and the
$436,227.32 Escrow.
14. T hi s document shall be ful ly admissible for the purpose of enforcing or clarifying
any of its terms.
15. No Party hereto is relying on any representation by any other party hereto in
entering into this agreement other than as expressly set forth herein.
7
FILED: NEW YORK COUNTY CLERK 08/27/2019 08:01 AM INDEX NO. 150315/2019
NYSCEF DOC. NO. 75 RECEIVED NYSCEF: 08/27/2019
16. Facsimile copies hereof shall be deemed in all respects equivalent to an original.
Dated: New York, New York
June 6, 20 17
BERRY LAW, PLLC PETR LLO KLEIN & BOXER LLP
;§'c
By• ~~
Eri c W. Ben; an Goldman
5 Columbus Circle, 8th Floor ird A venue, 22nd Floor
New York, New York 10019 NewYork,NewYork 10017
berrylawpllc@gmail.com Telephone: (212) 370-0336
Attorneys for Plaintiffs dgo ldman@pkbllp.com
Attorneys for Defe ndant Dechert LLP
ERIC W. BE~Y, ind~id~lly, and for BERRY LAW, PLLC
By: C :)
Eric W. Berry ~
8
Preview
FILED: NEW YORK COUNTY CLERK 08/27/2019 08:01 AM INDEX NO. 150315/2019 NYSCEF DOC. NO. 75 RECEIVED NYSCEF: 08/27/2019 EXHIBIT 25 FILED: NEW YORK COUNTY CLERK 08/27/2019 08:01 AM INDEX NO. 150315/2019 NYSCEF DOC. NO. 75 RECEIVED NYSCEF: 08/27/2019 SETTLEMENT AGREEMENT KNOPF/DECHERT WHEREAS Plaintiffs Norma Knop f and Michael Knopf ("Plai ntiffs") commenced an action (" Knopfv. Dechert") against Defendants Dechert LLP (" Dechert") and Pursuit Holdings, LLC nlk/a Pursuit Holdings (NY), LLC ("Pursuit") in New York Supreme Court, New York Cou nty on August 24, 2016 (Index No. 157098/2016) claiming, inter alia that Dechert was the transferee of a fraudulent conveyance or Pursuit 's assets by accepting legal fees, allegedly from Pursuit, which claims Dechert has consistently denied; WHEREAS, on October 27, 20 16, the Plaintiffs filed an Amended Complaint, which asserted add itional causes of action against Dechert, including that Dechert sol icited the sale of certain of Pursuit's property, which claims Dechert has consistently denied; WHEREAS Defendant Dechert' s motion to dismiss all claims against Dechert in the above-captioned action has been f·ully briefed before Hon. Richard F. Braun, J.S. C., and is now pending decision; WHEREAS counsel for Plainti ffs, Eric Berry ("Mr. Berry"), commenced an acti on against Dechert in New York Supreme Court, New York County in March 20 16, Beny v. Dechert LLP, Index No. 152360/2016 ("Beny v. Dechert" ) by filing a summons with notice claiming defamation, and no complaint has been filed ; and WHEREAS the above-captioned action, and Berty v. Dechert , are the only two actions commenced by any party hereto against Dechert; and WHEREAS there are multipl e pending actions, including the above-capti oned action, which involve related facts , claims and parties, and including the fo llowing: Knopf v. Dechert, Beny v. Dechert, Michael!. Knopfet at. v.Michael Hayden Sanforcl, eta/., Index No. 11 3227- 2009 (" Knopfv. Sanford'), Norma and Michael Knopfv. Pursuit Holdings, LLC, Michael Hayden FILED: NEW YORK COUNTY CLERK 08/27/2019 08:01 AM INDEX NO. 150315/2019 NYSCEF DOC. NO. 75 RECEIVED NYSCEF: 08/27/2019 Sanford and John Does 1-5, Index No . 65 103 1-20 16 (" Knopf v. Pursuit, Sanford, and John Does 1-5"), and Knopfv. Phillips 1:16-cv-6601-DLC (S.D.N.Y.) (" Knopfv. Phillips) (together, the " Pending Actions"); WHEREAS Dechert holds an amount of$265,849.05, whi ch is part of the remaining balance from Michael Hayden Sanford's ("Mr. Sanford") $500,000 Retainer paid to Dechert fo r legal services (the " $265,849.05 Retainer Balance") ; WHEREAS, on or around September 27; 2016, Mr. Sanford discharged Dechert as counsel for Mr. Sanford as an individual in Knopfv. Sanford and Knopfv. Pursuit, Sanford, and John Does 1-5 (the " Individual Di scharge Agreement"); WHEREAS , on October 21 , 20 16, Mr. Sanford (who had previously discharged Dechert as counsel for Mr. San ford in his personal capacity as indi cated above) on behalf of hi s controlled entities discharged Dechert from its representation pursuant to: (i) an executed Di scharge of Attorney, Resolutio n of Outstanding Fees and Expenses, and Agreement to Withdraw Motion Sequence #024 and #025, fi led in New York Supreme Court, New York County in Knopfv. Sanford; and (ii) pursuant to an executed Discharge of Attorney, Resolution of Outstanding Fees and Expenses, and Agreement to Withdraw Motion Sequence #002, fi led in New York Supreme Court, New York County in Knopf v. Pursuit, Sanford, and John Does 1-5 (together the "Sanford/ Pursuit Discharge Settlement Agreements"), in which agreements Mr. Sanford and his related corporate entities waived any clai m to the $265,849.05 Retainer Balance and , as result of w hich and in addi ti o n to the Di scharge Agreement, Dechert no longer represented Pursuit nor Mr. Sanford, nor any of Mr. Sanford 's other entities, including Sanford Partners, LP , MH Sanford & Co. , LLC, and W yndclyffe, LLC; 2 FILED: NEW YORK COUNTY CLERK 08/27/2019 08:01 AM INDEX NO. 150315/2019 NYSCEF DOC. NO. 75 RECEIVED NYSCEF: 08/27/2019 WHEREAS Mr. Sanford agreed in the Sanford/Pursuit Discharge Settlement Agreements that " Dechert is thus owed an additional $265,849.05," i.e., the $265,849.05 Retainer Balance and such ob ligation has not been satisfied and Dechert has not waived its claim to this amount; WHEREAS Dechert holds in escrow and has previously waived, in the San fo rd/Pursuit Discharge Settlement Agreements, any cla im to an additional amount of $100,000, which is also part of the remaining balance from Mr. Sanford's Retainer paid to Dechert for legal services (the "$ 100,000 Retainer Balance"); WHEREAS Dechert ho lds in a separate escrow account, pursuant to an interim Order of February 25, 2016 issued by the First Department in Knopf v. Sanford (which Order was d issolved by Deci sion ofthe Appellate Division dated June 16, 2016), approximately $436,227.32 (the "$436,227.32 Escrow"), over which Dechert, in the Sanford/Pursuit D ischarge Settlement Agreements, waived any claim; WHEREAS the First Department entered an Order dated March 24,2016 in Knopfv. Sanford prohibiting certain transfers including from the " proceeds derived from the sale" of certain assets (the "March 24111 Order"); WHEREAS New York State Supreme Court (B raun, J.) has entered certain Orders on consent dated March 2, March 17, and April 7, 2016, in Knopf v. Sanford prohibi ti ng certain transfers (the "Supreme Court Consent Orders"); and WHEREAS, to avoid litigation costs and without admission of wrongdoing by any party, Plaintiffs, their counsel, and Dechert have agreed to resolve their differences per the terms outli ned herein and annexed hereto to this Stipulation of Settlement Between Plaintiffs and Dechert LLP (the "Stipulation of Settlement"); 3 FILED: NEW YORK COUNTY CLERK 08/27/2019 08:01 AM INDEX NO. 150315/2019 NYSCEF DOC. NO. 75 RECEIVED NYSCEF: 08/27/2019 NOW, THEREFORE, in consideration of the mutual promises set forth herein and other good and valuable consideration, the receipt and sufficiency of which are hereby acknow ledged, the Parties hereby agree as follows: I. The Parties hereto s II execute and de · er a stipulation to be submitted to Appellate Division, First Department fo .~ direction of the transfer to Dechert of the $ other order including without limitation 2. The Parties hereto shall execute and deliver a stipulation in the Kno . acti on to be submitted to New York Supreme Court, New York County, seeking authorization and di rection of the transfer to Dechert or the $265 ,849.05 Retainer Balance, notwithstanding any other order including without limitation the Supreme Court Consent Orders. 3. The Plaintiffs and Dechert shall execute and deliver a Stipu lation of Voluntary Di scontinuance with Prejudice ofthe above-captioned action, as against Dechert. 4. Mr. Berry and Dechert shall execute and deliver a Stipulation of Voluntary Discontinuance with Prejudice of Berty v. Dechert. 5. Upon entry by the respective Courts of both ofthe stipulated o rders seeking authorization and direction of the transfer to Dechert of the $265,849.05 Retainer Balance, Dechert wi ll pay and transfer from such fund s $260,000 to Mr. Berry as counse l for Plaintiffs and as counse l for Delphi Capital Management LLC . Dechert shall retain $5,849.05 hom the $265,849.05 Retainer Balance for Dechert 's own account. 6. Upon completion of the transfers outlined supra the immediately preceding paragraph hereof, the Plaintiffs and their counsel will file (i) the Stipulation of D iscontinuance with Prejudice in the above-captioned acti on; and (ii) the Stipulation of Discontinuance with 4 FILED: NEW YORK COUNTY CLERK 08/27/2019 08:01 AM INDEX NO. 150315/2019 NYSCEF DOC. NO. 75 RECEIVED NYSCEF: 08/27/2019 Prejudice in the Beny v. Dechert action. The Plaintiffs, Mr. Berry, and Dechert shall take any additional steps necessary to ensure that both the above-captioned action and the Beny v. Dechert action are dismissed with prejudice as against Dechert, inc Iuding the preparation and fi Iing of any additional documents required by the Courts and the Clerks thereof. 7. No transfer from the $436,227.32 Escrow will be made pursuant to thi s Stipulation of Settlement. No transfer from the $100,000 Retainer Balance will be made pursuant to this Stipulation of Settlement. Dechert shall promptly remit or distribute such monies pursuant to a final and binding court order directing such remittance and distribution unless the efficacy of such order is stayed by the filing of supersedeas bond or otherwise. For the avoidance of any doubt, and without limiting the releases set forth below, Dechert shall have no liabili ty or potential liability in connection with the matters reso lved herein, other than to the extent of proper and prompt di stribution pursuant to cou rt order or $100,000 (exactly and without any calculation of interest) with respect to the $100,000 Retainer Balance and $436,227.32 (exactly and without any calculation of interest) with respect to the $436,227.32 Escrow. These amounts shall remain in non-interest bearing accounts. 8. Contingent upon the payment stipulated herein, neither Plaintiffs, nor Mr. Berry, nor any agents thereof, nor any entiti es co ntrolled by Plaintiffs, shall serve any subpoena for documents or testimony on Dechert, or upon any current or former employee, associate or partner of Dechert, related to any action, including without limi tation the Pending Actions. 9. Notwithstanding the foregoing, Plaintiffs may issue a subpoena for testimony at any trial, hearing, or deposition to James M. McGuire, Esq. or Jennings Durand, Esq. in the Pending Actions, and Plaintiffs may subpoena Dechert for documents only to the extent Judge 5 FILED: NEW YORK COUNTY CLERK 08/27/2019 08:01 AM INDEX NO. 150315/2019 NYSCEF DOC. NO. 75 RECEIVED NYSCEF: 08/27/2019 Cote orders Mr. Sanford to produce documents in Knopfv. Phillips or Judge Braun orders Mr. Sanford to produce documents in Knopfv. Sanford and Mr. Sanford does not comply. l 0. Conti ngent upon the payments stipulated herein, Plaintiffs, their agents, successors, and assigns, hereby knowingly and voluntarily release, remise, acquit, and fo rever di scharge, from any and all rights, remedies, actions, claims, demands, causes of action, suits at law or in equity, damage claims (whether consequential, punitive o r compensatory), verdi cts, judgments and/o r liens, of any kind whatsoever, that Plaintiffs, thei r agents, successors, and assigns may have ever had, may now have, or at any time hereafter may have against Dechert, and any current or former employee, associate or partner of Dechert, including without limitation James McGuire, Jennings Durand , Gary Mennitt, Negi n Hadaghian, and Jared Siegel. ll . Contingent upon the payments stipulated herein, Berry Law, PLLC and Mr. Berry, his agents, successors, and assigns hereby knowingly and vo luntari ly releases, rem ises, acquits, and forever discharges, from any and all rig hts, remedies, actions, claims, demands, causes of action, suits at law or in equity, damage claims (whether consequential, punitive or compensatory), verdicts, judgments and/or liens, of any kind whatsoever, that Berry Law, PLLC and Mr. Berry, his agents, successors, and assigns may have ever had, may now have, or at any time hereafter may have against Dechert, and any current or former employee, associate or partner of Dechert, including without limitatio n James McGuire, Jenn ings Durand, Gary Mennitt, Negin Hadaghian, and Jared Siegel. 12. Contingent upon the effectiveness of the foregoing releases, Dechert, its agents, successors, and assigns, hereby knowingly and voluntaril y releases, remises, acquits, and forever discharges, from any and all rights, remedies, actions, claims, dem ands, causes of action, suits at law or in equi ty, damage claims (whether consequential , punitive or compensatory), verdicts, 6 FILED: NEW YORK COUNTY CLERK 08/27/2019 08:01 AM INDEX NO. 150315/2019 NYSCEF DOC. NO. 75 RECEIVED NYSCEF: 08/27/2019 judgments and/or liens, of any kind w hatsoever, that Dechert, its agents, successors, and ass igns may have ever had, may now have, o r at any time hereafter may have against Plaintiffs, Mr. Berry, Berry Law, PLLC, and any enti ties owned o r controll ed by Plainti ffs. 13. Notwithstanding anything to the contrary herein, but without limiting the effect of any release herein, Dechert m ay be named as a nominal defendant or as a stakeholder, to the extent necessary, in an action concerning disposition of the $ 100,000 Retainer Balance or the $436,227.32 Escrow, but Dechert shall have no obligation hereunder to take any position in such suit and shall have no potential liability therein beyond compliance with any fi nal, binding, and non-appealable court order concerning disposition of the $1 00,000 Retainer Balance and the $436,227.32 Escrow. 14. T hi s document shall be ful ly admissible for the purpose of enforcing or clarifying any of its terms. 15. No Party hereto is relying on any representation by any other party hereto in entering into this agreement other than as expressly set forth herein. 7 FILED: NEW YORK COUNTY CLERK 08/27/2019 08:01 AM INDEX NO. 150315/2019 NYSCEF DOC. NO. 75 RECEIVED NYSCEF: 08/27/2019 16. Facsimile copies hereof shall be deemed in all respects equivalent to an original. Dated: New York, New York June 6, 20 17 BERRY LAW, PLLC PETR LLO KLEIN & BOXER LLP ;§'c By• ~~ Eri c W. Ben; an Goldman 5 Columbus Circle, 8th Floor ird A venue, 22nd Floor New York, New York 10019 NewYork,NewYork 10017 berrylawpllc@gmail.com Telephone: (212) 370-0336 Attorneys for Plaintiffs dgo ldman@pkbllp.com Attorneys for Defe ndant Dechert LLP ERIC W. BE~Y, ind~id~lly, and for BERRY LAW, PLLC By: C :) Eric W. Berry ~ 8