1. business and industrial
2. company
3. bankruptcy

Case 12-47045
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UNITED STATES BANKRUPTCY COURT
EASTERN DISTRICT OF MISSOURI
EASTERN DIVISION
In re:
Chapter 11
OTOLOGICS, L.L.C.,
Case No. 12-47045-705
Debtor,
Hearing Date: May 27, 2015
Hearing Time: 10:00 a.m.
FINAL APPLICATION FOR ALLOWANCE OF FEES AND EXPENSES FILED ON
BEHALF OF LEWIS BRISBOIS BISGAARD & SMITH, LLP,
SPECIAL LITIGATION COUNSEL FOR THE DEBTOR
(Summary of Request)
Name of Applicant
Date of Approval of
Employment
Identity of Party
Represented
Time Period Requested
Lewis Brisbois Bisgaard & Smith LLP
Approved on October 8, 2014
Special Litigation Counsel for the Debtor
All Work from Date of Retention
Amount of Fees Requested
$76, 275.00
Amount of Expenses
Requested
$204.39
Previous Fee Orders
None
Interim or Final
Application
Final
COMES NOW, Otologics, L.L.C. (the "Debtor"), by and through its undersigned
counsel, pursuant to 11 U.S.C. § 328, 330 and 331, and files this Final Application For
Allowance Of Fees And Expenses Filed By Lewis Brisbois Bisgaard & Smith, LLP, Counsel For
The Debtor (the "LBBS Application"). In support thereof, LBBS states as follows:
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JURISDICTION
This Court has jurisdiction over this matter pursuant to 28 U.S.C. § 1334 and
157 and E.D. Mo. L.R. 8 1 -9.01(8)(1).
BACKGROUND
2.
On July 23, 2012 (the "Petition Date"), Debtor filed its voluntary petition for
relief under Chapter 11 of Title 11 of the United States Code (the "Bankruptcy Code"). The
Debtor is operating its businesses and managing its properties as a debtor-in-possession pursuant
to § 1107(a) and 1108 of the Bankruptcy Code.
3.
On or about September, 2014, the Debtor filed an Application for Employment of
Lewis Brisbois Bisgaard & Smith, LLP as Counsel for the Debtor (the "LBBS Employment
Application"). On October 8, 2014, the Court approved the retention of LBBS on a final basis to
act as counsel for the Debtor in Colorado litigation styled as Otologics, LLC v. Neurelec S.A. et
al., Case No. 2011CV395, State of Colorado, District Court for the City and County of Denver
(the "Litigation"). A summary of the services rendered during the period covered in this
Application is included in Exhibit "A" attached hereto and incorporated herein for reference as
is fully set forth.
LBBS ATTORNEY FEES AND EXPENSES
4.
The LBBS Application covers the period from October 2, 2014 through date of
the LBBS Application (the "Compensation Period")
5.
LBBS maintains detailed daily records in the ordinary course of its business.
These time records are prepared contemporaneously with the rendition of services to the client.
These time records describe the person performing the services, the date the services are
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rendered, a detailed description of the services, and the length of time spent delivering those
services. These time records are kept in increments of one-tenth of an hour.
The services provided by LBBS during the Compensation Period have been actual
6.
and necessary. Reasonable compensation for such services based on the time, the nature, the
extent and value of such services, and the costs of such services, other than in a case under this
Title, is $76, 275.00. The amount of time recorded by each timekeeper is reflected on Exhibit
A. Copies of the invoices for such services are attached hereto as Exhibit B, and incorporated
by reference herein.
LBBS has incurred expenses in this matter during the Compensation Period for
7.
which it seeks reimbursement in the aggregate sum of $204.39. A summary of the expenses is
set forth in Exhibit A and referenced in the invoices attached as Exhibit B.
INFORMATION REQUIRED BY LOCAL RULES
L.B.R. 20 16-1(B) requires that all professional fee applications analyze the twelve
8.
factors (the "Jolmson Factors") for allowance of compensation set forth in Johnson v. Georgia
Highway Express, 388 F.2d 714 (5th Cir. 1974). See also P.A. Novelly v. Palans (In re Apex
Oil Co.), 960 F.2d 728 (8th Cir. 1992); Chamberlain v. Kuhr (In re Kula), 213 B.R. 729, 73639 (B.A.P. 8th Cir. 1997); In re Grimes, 115 B.R. 639, 642-43 (Bankr. D.S. D. 1990).
The Johnson Factors are as follows:
9.
a.
The lime and labor involved: LBBS has described in detail the time spent and has
included a complete description of the tasks performed
b.
The novelty and dfJIcully of the questions: Although the underlying Neurelec
Litigation is highly complex, there was no premium charged for the tasks
performed in this matter.
Case 12-47045
c.
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The skill requisite to perform the legal service properly: The LBBS lawyers
involved in this case have demonstrated the skills necessary to prosecute this
matter.
d.
The preclusion of other employment by the attorney due to acceptance of the case:
Acceptance of this case did not preclude other employment and, accordingly, no
premium was charged.
e.
The customary fee: The rates charged by LBBS are heavily discounted rates
compared with rates it charges similar clients in similar matters.
f.
Whether the fee is fixed or contingent: The fees requested herein are neither fixed
nor contingent.
g.
Time limitations imposed by the client or the circumstances: This case poses
normal time pressures inherent of a case of this type.
h.
The amount involved and the results obtained: LBBS submits that the fees
requested are appropriate given the value of the litigation. The litigation was
recently settled on terms favorable to the Debtor; the settlement was approved by
the Court on March 13, 2015.
i.
The experience, reputation, and ability of the attorneys: LBBS is a full-service
law firm with over 900 attorneys and offices nationwide and is well known and
respected in national legal markets. The LBBS attorneys are skilled in this type
of litigation, especially in light of the fact that they previously represented the
Debtor in the defensive Neurelec litigation which took several years and
culminated in a 3
issues.
V2
week jury trial and a several day bench trial on the injunction
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j.
The undesirability of the case: This is not an undesirable case.
k.
The nature and length qf the professional relationship with the client: The LBBS
attorneys have represented Debtor for several years in various matters, including
the original defensive Neurelec litigation.
1.
Awards in similar cases. On information and belief, the fees requested are below
other similar cases in this District and in Colorado.
LOCAL COMPENSATION RULES AND U.S. TRUSTEE GUIDELINES
10.
On January 30, 1996, the Office of the United States Trustee promulgated
guidelines for compensation and reimbursement of expenses from a bankruptcy estate (the "U.S.
Trustee Guidelines"). Reprinted at 28 C.F.R. Part 58, Appendix. The information requested
under the U.S. Trustee Guidelines not otherwise disclosed herein is as follows:
Review of Application
This application is being sent to the Debtor and
other parties simultaneously with its filing.
Status of Plan
No plan is on file in this case.
Monthly Operating Reports
Debtor last filed an operating report for March,
2015.
Quarterly Fees
Debtor has made all quarterly fee payments
due to the Office of the U.S. Trustee.
Unpaid Administrative Expenses
None, other than professional fees and ordinary
course of business liabilities.
Cash on Hand
The Debtor has access to sufficient funds to
pay the amounts due.
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There are no secured creditors holding liens on
the cash on hand.
Unencumbered Funds
WHEREFORE, LBBS respectfully requests that this Court allow it attorneys' fees in the
amount of $76, 275.00, expenses in the amount of $204.39, authorizing and directing Debtor to
pay all allowed fees and expenses that have not been paid to-date under the local rules, and for
such other and further relief as is just and equitable.
Dated: May 1, 2015
Respectfully Submitted,
THOMPSON COBURN LLP
By:
/s/ David A. WarfIeld
David A. Warfield (EDMo # 34288MO)
[email protected]
One US Bank Plaza
St. Louis, MO 63101
Ph. 314.552.6000
Fax: 314.552.7000
Attorneys for Otologics, LLC
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Main Document
Certificate of Service
The undersigned certifies that on May 1, 2015, a true and accurate copy of the foregoing
Final Application For Allowance Of Fees And Expenses Filed By Lewis Brisbois Bisgaard &
Smith, LLP, Counsel For The Debtor was served on all parties receiving notice through the
Court's CM/ECF system.
/s/ David A. Warfield
Case 12-47045
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Timekeeper Summary Pg 1 of 1
Exhibit A-
EXHIBIT A
Time Period: October 2014 - April 2015
Timekeeper Summary:
I.
Timekeeper
Practice
Group
Hourly Rate
Bar
Adi,iission
Date
Number of
Hours
Total
Billed
Andrew B.
Clauss -
Comm. Lit
1993
$250
165.9
$41,475.00
Christopher
W. Brophy -
Comm. Lit.
2001
$200
168.3
$33,660.00
Jennifer A.
Gordon -
Comm. Lit.
N/A
$100
8.6
$860.00
RonaldJ.
Comm. Lit.
N/A
$100
1.8
$180.00
Comm. Lit.
N/A
$100
1.0
$100.00
OfCounsel
Bruyere
-
Daniel R.
Mcintosh-
$76, 275.00
TOTALS
II. Expense Summary
$92.00
$28.14
$6.25
$83.00
$204.39
Court Filing Fees
Conference Calls
Parking
Reproduction/Copies
TOTAL
III.
Project Summary
The firm represented the Debtor as litigation counsel in trade secret, breach of contract
and business tort litigation pending in Colorado against Neurelec, its owner Guy Charvin, and its
CEO Cedric Briand. During this period, the firm performed discovery, reviewed documents,
analyzed claims, planned strategy and generally prepared for a trial in July 2015. The firm also
spent a considerable amount of time negotiating with the entity that purchased the Debtor's
assets out of the bankruptcy estate in order to obtain critical documents, witness access and the
like, all of which is necessary to prosecute the case. Finally, the firm assisted in negotiating a
global settlement deal that concludes all of the various pieces of Neurelec-related litigation.
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Invoices Pg 1 of 15
EXHIBIT B
Invoices
Exhibit B-
Case 12-47045
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Invoices Pg 2 of 15
Exhibit B-
LEwis BRISBOIS BISGAARD & SMITH i.u'
LAWYERS
SUITE 4000
1333 W. FIFTH STREET
LOS ANGELES. CALIFORNIA 00011
TELEPHONE (213) 250-11100
File
Number
34804-2
FE13ERAL 1.0. NO
95.3720522
SA Neurelec V Otologics
ABC1
Date
Atty
11/17/14
1408020
Otologics
Description of Services Rendered
Teleconferences with Bedoya and Bedoya and Warfield regarding. ownership of claims,
asset purchase agreement and discovery from NL parties
10/03/14 ABC Prepare for status call with Westfall
10103114 ABC Status call with Westfall to discuss status Musgrave's email, remand in first case and how
that might impact second case
10/03/14 CWB Telephone conference with Clauss and Westfall re status and strategy
10/08/14 ABC Review arid analyze Musgrave's email regarding various meet and confer topics, send
same to Nina Wang for Cochlears position
10/09/14 ABC Teleconference with Jose regarding discovery issues
10/09/14 ABC Respond to Musgrave and reach out to Wang regarding Musgrave's issues
10/09/14 ABC Additional teleconference with Jose regarding French witnesses
10/13/14 ABC Review Bankruptcy Order granting relief from stay for Neurelec to defend
10/1 3/14 ABC Prepare for (.2) an attend (.4) teleconference with Nina Wang regarding documents and
Cochlear's involvement
10/1 3/14 ABC Teleconference with Jose Bedoya regarding conference with Nina Wang and Cochlears.
involvement
Analysis and conference with Brophy regarding Cochlear involvement and protective orders,
Page
Hours
10/02/14 ABC
10/13/14 ABC
10/15/14 ABC
10/15/14 ABC
10/16/14 CWB
10122/14 ABC
10/22/14 ABC
10/22114 ABC
10/24/14 ABC
10/24/14 ABC
10/24/14 JAG
10/27/14 ABC
10/28/14 ABC
10/28/14 ABC
10/29/14 ABC
10/29/14 ABC
10/29/14 ABC
10/29/14 ABC
10/29/1.4 ABC
10/29/14 CWB
10(29/14 CWB
10/30/14 ABC
10/30/14 ABC
10/30/14 ABC
documents and damage proof
Teleconference with Bedoya, Warfield and Westfall regarding status of case and prepare for
same
Follow up with Nina Wang regarding Cochlear issues
Review and revise reply on motion to stay. conferences with Clauss and Krumholz re same
Draft and revise entry of appearance and communicate with priorcounsel regarding same
Draft response to Musgrave questions and analysis of how to handle issues
Trade calls with Nina Wang regarding Cochlear
Review discovery arid direct paralegal on objections, communicate with Westfall about
docket in defensive litigation
Teleconference with Nina Wang regarding Cochlear issues
Begin drafting responses to lnterrogatories and RFPs.
Teleconference with Jose regarding, end review of, discovery requests
Meet with Jose regarding discovery and strategy and conference call with Jose and Dave
Warfield regarding potential settlement and related issues
Review Powerpoint from October 2010 SMAE conference in advance of discovery
Talk to Jose regarding potential settlement options and analysis of same
Draft Otologics responses to Neurelec discovery
Meet with Westfall and Krumholz regarding strategy
Meetings at Court house to obtain critical documents filed under seal in initial litigation and
travel to and from same
Analysis of case and potential defenses and strategies in event of case conversion and
conferences with Brophy regarding same
Begin reviewing and draft discovery responses
Obtain, review and analyze motion to amend complaint in first case in order to determine
trade secret information and supporting documents to respond to current discovery
Review community interest agreement
Travel to and from and meet with Palmeri and G&R regarding G&R riles for Oto
Work on discovery responses and review file and motion for leave to amend and exhibits in
old case to refresh recollection on new case
DISBURSEMENTS MADE FOR YOUR ACCOUNT. FOR WHICH BILLS HAVE NOT YET BEEN RECEIVEI,
WILL APPEAR ON A LATER STATEMENT
a
.3
4
.6
.2
.6
.2
.1
.1
.6
.3
.4
.9
.1
1.0
.2
.5
.1
.4
3
.6
.5
3.2
.4
.2
1.1
.5
.9
7
2.2
1 .0
.5
4
2.3
Case 12-47045
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Invoices Pg 3 of 15
Exhibit B-
LEwis BRIsBois B1SGAARD & SMTTH
LAWYERS
SUITE 4000
633W. FIFTH STREET
LOS ANGELES, CAUFORNIA 900/1
TELEPHONE (213) 250-1800
File
Number
ABCI
Date
FEDERAL 1.0. NO 054720522
11/17/14
1408020
Ototogics
SA Neurelec V Otologics
34804-2
Page
Description of ServIces Rendered
Atty
2
Hours
10/30/14 ABC Review orders in defensive case regarding stay and analysis of same
10/30/14 CWB Draft objections and responses to discovery requests
10/30/14 CWB Review notes, pleadings and documents to prepare for meeting with Brian Conn to go over
trade secrets
10/31/14 ABC Meet with Nina, Brian and Jose to go over facts and discovery
.2
4.0
1 .0
35
1.0
1.2
10/31/14 ABC Meet with Jose to go over discovery
10/31/14 ABC Travel to and from Boulder to meet with Brian and Nina
to discovery requests and case
10131/14 CWB Meeting with Conn, Bedoya, Wang and Clauss re responses
5.0
strategy and draft and revise responses to document requests
Units
Description of Disbursement
Date
10/31/14 Court filing fee Colorado Interactive 10/2014 District Court, Court of Appeals
and Supreme Court #2011CV395
Case
10/31/14 Court filing fee Colorado Interactive 10/2014 DenverCounty Court
History Purchase #2008CV10601
Rate
Amount
13.50
10.00
Effective
Recap of
Hours
Services
Andrew B. Clauss
ChrlstophrW. Brophy
JenniferA. Gordon
Total
23.1
14.8
.6
38.5
Rate
250.00
200.00
100.00
Total Fees
Total Disbursements
Total Current Charges
DISOURSEMENTS MADE FOR YOUR ACCOUNT. FOR WHICH BILLS HAVE NOT YET BEEN RECEIVEO.
WILL APPEAR ON A LATER STATEMENT
Fees
5,775 00
2,960.00
60.00
8,795.00
8,795.00
23.50
8,818.50
Case 12-47045
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Invoices Pg 4 of 15
Exhibit B-
Liwis BRISBOIS BISGAARD & SMiTh
LAWYERS
SUiTE 4000
833W. FIFTh STREET
LOS ANGELES. CALIFORNIA 000/1
TELEPHONE 1213) ThC-1800
File
34804-2
Number
ABCI
Date
Atty
r-EDERAL 1.0. NO Y54720522
12/10/14
1420950
Otologics
SA Neurelec v Otologics
Page
1
Hours
Description of Services Rendered
Review documents regarding client lists and financial's sent from Jose, review and revise
discovery responses, teleconferences with Jose regarding same
11102114 ABC Review Brophy changes to discovery responses, additional revisions to same
11/03/14 ABC Review response to document requests and discuss same with Brophy
11/03/14 CWB Draft and revise responses to Defendant's discovery requests
11/04114 ABC Draft and revise Protective Order, analysis of special terms, send same to N. Wang for
review
11/04/14 ABC Teleconference with Bedoya and analysis of compilation and review of documents In
Cochlear's possession
Bedoya
11/04/14 ABC Review settlement emails from Warfield, analysis of same and discuss same with
11/04/14 ABC Teleconference with Warlield and Bedoya regarding settlement offer from Bryan Cave
11/04/14 CWB Analysis of conflict issues regarding potential global settlement involving some but not all of
defendants, conferences with Clauss and Warfield re same, draft and revise proposed
confidentiality order, review documents from prior litigation
11/05/14 ABC Teleconference with Bedoya regarding status, review and revise Common Interest
Agreement in advance of call With Nina Wang
11/05/14 ABC Teleconference with Nina Wang regarding common interest agreQment
11/05/14 ABC Teleconference with Jose regarding call with Nina Wang and other issues
11/06/14 ABC Teleconference with Nina Wang regarding protective order
11107/14 ABC Prepare for Court hearing, review file, analysis of issues
11/07/14 ABC Teleconference with Nina Wang regarding hearing and prepare for same
11/07/14 ABC Review Musgrave status conference filing and analysIs
11/07/14 ABC Finalize Protective Order and send to Musgrave
formulate position for
11/07/14 ABC Review and analysis of Musgrave changes to protective order and
court hearing
discussions with Bobbee
11/07114 ABC Attend court hearing on status of case requested by Neurelec and
regarding settlement
11/07114 ABC Teleconferences with Bedoya regarding status and hearing
status conference with
11/07114 CWB Review pleadings filed by opposing counsel, prepare for and attend
11/01/14 ABC
.
Court
Brophy regarding same
11110/14 ABC Review and revise protective order agreement, communicate with
communicate with Warfield and
Review
and
analysis
of
Motion
for
Relief
from
stay
and
11/10114 ABC
Bedoya regarding same
offensive case
11/10/14 CWB Review motion for relief from stay and analysis of impact on
Teleconference
with
Bedoya
regarding
summary
of
Jose
call
with Warfield and discovery
11/11/14 ABC
communications with
11/11/14 ABC Review and revise Protective Order per court order and related
opposing counsel
11/11/14 ABC Teleconference with Nina Wang and related em ails communications regarding common
interest and protective order
.
Analysis of discovery in bankruptcy case
Review and redline common interest agreement with Cochlear and analysis of impact on
asset purchase agreement
review and analyze
11/11/14 CWB Research prior litigation documents and draft and revise discovery,
proposed common interest agreement, conferences with Clauss re same
what needs to be kept as filed under
11/12/14 ABC Per CourVs order at hearing, review full docket and label
seal and send same to Musgrave
district court.
11/12/14 JAG Drafted Complete request for transcript (audio) from Denver
11/11/14 ABC
11/11/14 ABC
DISBURSEMENTS MADE FOR YOUR ACCoUNT, FOR WHICH BILLS HAVE NOT YET BEEN REcEIVED,
WILL APPEAR ON A LATER STATEMENT
2.5
.5
.7
45
1.6
.4
.4
.5
4.4
.6
.2
.2
1.3
.3
.1
.2
3
1 .5
5
3.2
.2
7
.8
4
3
.2
7
49
4
Case 12-47045
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Invoices Pg 5 of 15
LEwis BRisBols BISOAARD & SMITH
LAWYERS
SUITE 4000
633W. FIFTH STREET
LOS ANGELES. CALIFORNIA 900/1
TELEPHONE 1213)250-1300
File
Number
ABCI
Date
34804-2
Atty
11112/14 JAG
11/12/14 JAG
11/13/14 ABC
11/13/14
ABC
11113/14 ABC
11/13/14 CWB
11/13/14
JAG
11/13/14 JAG
11/14114
ABC
LLP
FEDEALI.D. NO 954720522
12110i14
1420950
Otologlcs
SA Neurelec v Otoiogics
Page
'11/14/14 ABC
11/14114
ABC
11/14/14 ABC
11/14/14 CWB
11/17/14 ABC
11/18/14 ABC
2
Hours
Description of Services Rendered
Drafted email to Denver district court regarding hearing transcript.
Letter to follow UP Ofl communication with clerk regarding transcript.
Communicate with B. Musgrave and N. Wang regarding P0 and options and related analysis
of options
Teleconference with Bedoya regarding discovery and various issues related to criminal
cases
Analysis of action items, case strategy, relation of criminal ISSUES, etc. and conferences with
Brophy and review file regarding same
Review and revise protective order and conferences with Clauss and Wang re terms of
proposed protective order
Drafted letter to Clerk re: permission to obtain hearing recording related to sealed matter.
Letter to follow up with clerk regarding transcript and finalize arrangements for receipt thereof.
Communicate with N. Wang and B. MusgiaVe regarding P0 and agree on same as well as
protocol for raising expert issues with court
Draft and revise P0 for submission to Court in opposition to Neurelec form P0 in event that
Musgrave will not agree to expert provisions
Draft discovery for submission to NL
Teleconference with Bedoya regarding discovery, privilege and related issues
Teleconference with Bedoya regarding bankruptcy case issues, conferences with Brophy
regarding same
Draft and revise discovery topics and telephone conferences with Clauss and Badoya re
same, communications with opposing counsel re protective order, analysis of protective
.
11/14/14 ABC
Exhibit B-
order and document production
Teleconference with Bedoya and communications with Nina Wang regarding document
review with Brian Conn
Meetings with Bedoya regarding global strategy, discovery, William Demant's purchase of
Neurelec, and 30b6 issues for William Demant and related analysis following meeting and
research and analysis of Hague issues with Demant vs. Oticon depositions communications
with Nina Wang
draft initial discovery
11/18/14 CWB Meeting with Clauss and Bedoya rediscovery and strategy,
11/18/14 JAG Researched corporate identities in anticipation of serving same.
and finalize Rule 30b6 topic
11/19/14 ABC Teleconference with Jose regarding William Demant deposition
list for submission to Musgrave
bankruptcy case
11/19/14 ABC Teleconference with Bedoya and Warfield regarding status of Otologics
regarding production and send S. Ward
11/19/14 ABC Analysis of deadlines and respond to S. Ward email
30b6 deposition request for William Daniant and communications back and forth regarding
same, analysis of William Demant options
11/19/14 ABC Teleconferences with Bedoya regarding William Dernant
Teleconference with Nina regarding common interest agreement and discuss same with
11/19/14 ABC
Bedoya
Draft initial discovery
11/19/14 CWB
deposing William Demant company
11/19/14 CWB Analysis and communication with opposing counsel re
11/20/14 ABC Review emails from Krumholz arid Bedoya
Common Interest Agreement, discovery.
11121/14 ABC Various teleconferences with Bedoya regarding
how to handle cochlear and obtain documents. etc.
Conn, Common interest
11/21/14 ABC Communications with N Wang regarding meetings with Brian
agreement and follow up
DISBURSEMENTS MADE FOR YOUR ACcOuNT, FOR WHICH SILLS HAVE NOT YET SEEN RECEIVED,
WILL APPEAR ON A LATER STATEMENT
.1
3
3
1.3
1.5
.2
.2
4
2.4
4.1
3
5.7
5,5
.3
.6
.4
.5
3
.3
2.5
1.0
.1
g
3
Case 12-47045
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Invoices Pg 6 of 15
LEWIS BRISBOIS BISGAARD & SMITH
Exhibit B-
LLP
LAWYERS
SUITE 400(1
633W,FIFThSTREEI
LOS ANGELES, CAUFORNIA 900/1
TELEPHONE (213) 250-1800
File
Number
ABCI
Date
34804-2
FEDERAL 1.0. HO
95-3720522
Otologics
SA Neurelec v Otologics
12/10114
-1420950
Page
Atty
3
Hours
Description of Services Rendered
Teleconference with Brian Conn arid Nina Wang regarding docunient search and prepare for
same
11/24/14 ABC Multiple teleconferences with Bedoya regarding status and strategy
11/24/14 ABC Teleconferencewith Bedoya and Olivia regarding Common InterestAgreement
11/24/14 ABC Analysis surrounding common interest agreement and Cochlear's language stripping away
rights from Asset Purchase Agreement
11/24/14 ABC Multiple reviews and revisions to draft Common Interest Agreement
11/24/14 ABC Review of trade secrets document search results, analysis of same and follow up emalls to
Bedoya and Wang regarding same
11/24/14 ABC Review and comment on Warfield discovery and bedoya comments and suggest changes
11/24/14 CWB Review document list provided by Brian Conn, conferences with Clauss and Bedoya re
method of compiling responsivedocuments
'11/25/14 ABC Review, revise and send CIA to N Wang for review arid comment
11/25/14 ABC Teleconference with Jose regarding William. Demant situation and discovery/Hague
convention issues arid adequacy of Cochlear documents
11/25/14 ABC Analysis of content of letter to Demant and related Issues
11/25/14 CWB Review and revise correspondence to William Demant, research contact information forWD,
review and revise discovery topics
11/26/14 ABC Draft and revise letter to William Demant and analysis regarding same and approve same
11/21/14 ABC
.7
.3
8
.6
.8
.2
.3
1.2
.3
3
1.5
withclient
11/26/14 ABC Numerous teleconferences with bedoya regarding discovery and Demant
11/26/14 CWB Review, revise and telephone conferencewith Bedoya and Krumholz re motion to vacate
11/28/14 ABC
4
1.5
costs award
Review draft pleading to set aside in other case
.1
Units
Description of Disbursement
Date
11/25/14 Conference Call Soundpath Conferencing cloAmericari Teleconferencing
Services Conference call of Andrew Clauss on 10/03/2014
11/13/14 Parking Andrew B Clauss 11/04/2014 Parking for meeting with Jose
Bedoya and Brian Conn
11/13/14 Parking Andrew B Clauss 11/04/2014 Parking for meeting with Jose
Bedoya and Brian Conn
11/13/14 Reproduction/Copies District Court, Denver County Colorado
Reproduction Copies
11/14/14 Reproduction/Copies Christopher W Brophy #31 10129/2014 Copies of
Pleadings from prior Otologics case (2008 CV 010601) to be used in
discovery responses In present case.
Rate
2.97
2.50
3,75
35.00
48.00
Effective
Hours
Recap of Services
Andrew B. Clauss
Christopher W. Brophy
Jennifer A. Gordon
37.6
35.5
1.2
.
Total
Amount
Rate
250.00
200.00
100.00
75.3
DISBURSEMENTS MADE FOR YoUR ACCOUNT, FOR wuicn BILLS HAVE NOT YET BEEN RECEIVED,
WILL APPEAR ON A LATER STATEMENT
Fees
9,400.00
7,300.00
120.00
16,820.00
Case 12-47045
Doc 220-2
Filed 05/01/15 Entered 05/01/15 13:34:52
Invoices Pg 7 of 15
LEWIS BRIsBoIs BISGAARD & SMITH
LAWYERS
SUITE 4000
633W. FIFTH STREET
LOS ANGELES, CALIFORNIA 00011
TELEPHONE (2131 2f0-1600
File
Number
ABCI
Date
34504-2
Atty
12101/14 ABC
12/01/14 ABC
12/01/14 ABC
12103/14
ABC
12/03/14 ABC
12/03/14 CWB
12/05/14 CWB
12/08/14 ABC
12/08/14 ABC
12/06/14 ABC
12/08/14 CWB
12/08/14 JAG
12/10114 ABC
12/10/14 ABC
12/10/14 ABC
12110/14 ABC
12/10/14 CWB
12/11/14 ABC
12/11/14 ABC
12/11/14 ABC
12/11/14 CWB
12/11/14 CWB
12/11/14 JAG
12/12114 RJB
12/15/14 ABC
12/15/14 CWB
12/15/14 JAG
12/15/14 JAG
12/16/14 ABC
12/16/14 CWB
12/17/14 ABC
12/17/14 ABC
FEDERAL .0. NO
Exhibit B-
LU'
95-3720522
Otologics
SA Neurelec v Ototogics
Description of Services Rendered
Teleconference with Jose regarding Cochlear documents
Teleconferences with Nina Wang regarding Cochlear
Teleconferences with Bedoya regarding conversation with Nina Wang
Various caHs with Jose Bedoya regarding cases issues, discovery and potential settlement
Teleconferences with Nina Wang regarding disclosures and CIA agreement and prepare for
the same
Telephone conference with Nina Wang and Brian Conn re document search
Document review and production, review and respond to correspondence from opposing
counsel re trade secrets,
Review and analyze technical documents for production and otherwise prepare documents
for production and teleconferences with Nina Wang
Finalize CIA and communicate with Nina and Bedaya regarding same
Teleconferences with Bedoya regarding documents from Cochlear and sufficiency of same
Review and produce responsive documents from Cochleor, conferences with Cochlear re
common interest agreement, review and revise same
Prepare and review documents in anticipation of disclosing same.
Teleconferences with Jose regarding new order from bankruptcy court and related analysis
of settlement options
Investigate and review additional documents related to flriancials and damages and
employment records/employee lists
Review affidavit of Martel
Analysis of additional documents necessary to supplement in response to inquiry from
opposing counsel and talk to Nina about patent portfolio
Review additional documents for disclosure, begin initial review of neurelec documents,
conferences with Clauss and bankruptcy counsel re trial strategy
Review and redact financials and employee lists for filing and set deposition dates with
Musgrave
Teleconference with Bedcya and Warfield regarding status, global settlement options and
related issues
Analysis and development of global settlement strategies and options
Review documents produced by Neurelec
Attempt to unlock password protected employee files that may be responsive to discovery
requests
Review additional documents for disclosure and prepare same for disclosure.
Prepared a searchable index of the NEUR365 documents of 65210 pages and native files for
use by attorneys in preparing for upcoming depositions and motion work
Review redactions for supplemental disclosure and direct service of same
Review financial and employee documents, prepare and serve supplemental disclosures
Draft Supplemental Disclosure Certificate for Supplemental Docs.
Finalize disclosures for filing.
Erriails with Bobbee Musgrave and Nina Wang regarding conference call and issues
surrounding disclosures to experts, related analysis of options and involvement of Cochlear
Review Neurelec trade secret chart and motions re obligation to produce trade secret chart
in prior litigation, continue review of Neurelec documents
Review documents and begin to prepare trade secret chart, and enlist assistance from
Bedoya
Teleconference with Jose regarding status
DISBuRSEMENTS MADE FOR YOUR ACCOUNT, FOR WHICH BILLS HAVE NOT YET BEEN RECEIVED,
WILL APPEAR ON A LATER STATEMENT
1128/15
1438169
Page
1
Hours
5
3
'14
.6
1.4
6.7
5.3
4.1
3.3
1 .6
.1
.5
2.6
1.6
.6
4.0
1.2
5
1.8
.6
3.5
.4
.1
.4
1.8
.7
.3
Case 12-47045
Doc 220-2
Filed 05/01/15 Entered 05/01/15 13:34:52
Invoices Pg 8 of 15
Exhibit B-
LEWIS BR1soIs BISGAARD & SMITH Lii'
LAWYERS
SUITE 000
633W. FIFTH SIflEET
LOS AHOELES. CALIFORNIA 900/1
TE-LEPF-IONE (213) 20-100
FEOCRAL LI). NO
File
Number
ABCI
Date
34804-2
9..3720S22
Otoiogics
SANeurelec v Otologics
1128115
1438169
Page
Atty
Description of Services Rendered
2
Hours
12/17/14 CWB Review and revise trade secret chart arid conferences with Clauss re creating
cross-reference chart
Teleconference with Musgrave and Nina Wang and prepare for same regarding disclosures
to experts and Seans issues
12/1 8114 ABC Teleconference with Jose regarding status
12/18/14 ABC Review email from Ward and provide dates for status conference with Court
12/18/14 CWB Review and respond to opposing counsel re trade secret identification
12/23/14 ABC Review settlement offer and analysis of the same and alternate options
12/28/14 ABC Teleconference with Jose Bedoya and analysis of potential counteroffer and discovery with
Brophy
12/29/14 ABC Af101ysis of action items and follow up with Jose regarding trade secret chart and settlement
and emails to/from Nina, Bobbee and Sean regarding expert meet and confer
12/29/14 ABC Teleconference with Jose regarding settlement
5
12/18/14 ABC
Units
Description of Disbursement
Date
12/18/14 Court filing fee Colorado interactive 11/2014 District Court. Court of Appeals
and Supreme Court #2011CV395
12118/14 Court filing fee Colorado interactive 11/2014 Denver County Court Case
History Purchase #2008C Vi 0601
12/12/14 Conference Call Soundpath Conferencing Conference call of Andrew
Clauss on 11/24/2014
.4
.1
.1
.6
.3
.5
3
.2
Rate
Amount
7.50
10.00
5.68
effective
Hours
Recap of Services
Andrew 8. Clauss
Christopher W. Brophy
JenniferA Gordon
Ronald J. Bruyere
Total
19.3
26.4
4.3
1.8
51.8
Rate
250.00
200.00
100.00
100.00
Total Fees
Total Disbursements
Total Current Charges
DISEURSEMENTS MAOE FOR YOUR ACCOUNT, FOR WHICH SILLS HAVE NOT YET SEEN RECEIVED,
WILL APPEAR ON A LATER STATEMENT
Fees
4,825.00
5.280.00
430.00
180.00
10,715.00
10,71 5.00
23.18
10738.18
Case 12-47045
Doc 220-2
Filed 05/01/15 Entered 05/01/15 13:34:52
Invoices Pg 9 of 15
LEWIS BRSO!S BISGAARD & SMITH
Exhibit B-
LU'
LAWYERS
SUITE 4000
633W FIFTH STREET
LOS ANGELES, CALIFOR(IAE0Q1
TELEPHONE (213) 2bc-1a0o
FEOCRAL 1,0. NO
34804-2
File
Number
95.3T20522
Otologics
SA Neurelec V Otologics
ABCI
Date
Atty
1102/15 ABC
1102115 ABC
1/02/15 CWB
1/05/15 ABC
1/05/15 ABC
1/06/15 ABC
1/06/15 ABC
1/06/15 ABC
1/06/15 ABC
1/06(15 ABC
1/06/15 CWB
1/06/15 JAG
1/07/15 ABC
1/07/15 ABC
1/07/15 ABC
1/07/15 ABC
1/07/15 ABC
1/07/15 ABC
1/07(15 ABC
1/07/15 CWB
1/07/15 CWB
1/07/15 CWB
1/09/15 ABC
1/09/15 ABC
1/09/15 CWB
1/10/15 CWB
1/11/15 CWB
1/12(15 ABC
1/1 2/15 ABC
1/12/15 CWB
1/1 3/15 ABC
1/14(15 ABC
1114115 ABC
1/14(15 ABC
1/14/15 CWB
1/20(15 ABC
Description of Services Rendered
Communicate with opposing counsel regarding discovery issues and status conference
Teleconferences with Bedoya regarding status and trade secret chart and related issues
and review and comments to global settlement counter-proposal
Review and revise trade secret chart and supporting documents and communications with
opposing counsel regarding discovery dispute
Review Musgrave and Wang emails regarding Cochlear
Review file and status and analysis. of action items and strategy
Teleconferences with Jose regarding trade secret chart
Conference with Brophy regarding settlement, trade secret chart, discovery and document
review and analysis of strategies and prepare for hearing on Jan 8
Review trade secret chart and compare to documents
Plain strategy and case going forward including discovery, experts, depositions, etc. and
related analysis
Document review
Review and revise trade secret chart and cross-reference document citations
Created Trade Secret Chart and Drafted Pleading for filing of same.
Review email from Wang regarding experts and email Ward regarding trade secret chart
and analysis of hearing issues
Emails with Wang, Musgrave and Ward regarding expert Issues, trade secret chart and
hearing and related anaylsis
Review and revise trade secret chart and send to Bedoya
Teleconference with Bedoya and related trade secret chart analysis
Prepare for status conference on trade secret chart and prepare examples for the court
Emails with Nina and search for information on experts per Nina's requests
Teleconferences with Peter Krumholz and Jose Bedyoa regarding counsel and
representation issues for 010 in other litigation and related analysis
Revise and finalize trade secret chart and discussion re need for discovery hearing
Review Hale West Fall notice of withdrawal and analysis of strategy related thereto
initial review and analysis of Neurelec disclosures and arrange to upload to document
review system
Review documents and analysis of case management
Review documents and case analysis
Document review
Review Neurelec initial disclosure documents
Review Neurelec disclosures
Teleconference with Jose regarding status
Review notice of withdrawal
Review notice of withdrawal of Sean Ward, conference with Clauss re same, review Plaintiff's
disclosure documents
Review file and begin planning and drafting written discovery and analysis of discovery plan
now that trade secret chart is complete
Finish preparing first set of discovery to Defendants, communications with Brophy and
Bedoya regarding same, related case analysis and revisions to same
Teleconferences with Bedoya regarding settlement and case management
Communicate with Musgrave regarding depositions
Draft and revise discovery to Neurelec and review deposition notice and topic list
Teleconferences with Jose Bedoya regarding depositions, settlement and related issues
b(SBURSEMENTS MADE FOR YOUR ACCoUNT, FOR WHICH BILLS HAVE NOT YEr BEEN RECEIVED,
WILL APPEAR ON A LATER STATEMENT
2118/15
Page
1448225
1
Hours
.1
.5
2.1
.1
.2
3
.4
1.3
1.3
2.3
1.0
.2
.5
.3
.3
1.1
.4
.3
1.1
.7
3.3
2.4
3.1
3.0
4.0
4.0
.1
.1
2.0
2.3
3.8
.4
.1
4.4
.4
Case 12-47045
Doc 220-2
Filed 05/01/15 Entered 05/01/15 13:34:52
Invoices Pg 10 of 15
LEwis BRISBOIS BISGAARD & SMITFI
LAWYERS
SUITE 4000
533W. FIFTH STREET
LOS ANGELES, CALIFORNIA 90011
TELEPHONE (213) 250-fl300
File
Number
ABCI
Date
34804-2
FEDERAL 1.0. NO
Exhibit B-
LIP
95-3720522
Otologics
SA Neurelec v Otologics
2118115
Page
Description of Seivices Rendered
Atty
1448225
2
Hours
1/20/15 ABC Communicate with Muograve regarding depositions
1/20/15 ABC Email Musgrave regarding depositions
1/20/15 ABC Analysis of strategy and impact of Hague convention and conference with Brophy regarding
.1
.1
same
.8
1/20/15 CWB Correspondence with Musgrave redeposition scheduling, discuss corp rep topics, review
1/20/15 CWB
1/21/15 CWB
1/22/15 ABC
1/23/15 CWB
1/26/15 ABC
1/26/15 CWB
1/28/15 CWI3
1/29/15 ABC
1/29/15 CWB
1/30/15 ABC
1/30/15 ABC
1/30/15 ABC
1/30/15 ABC
1/30/15 ABC
1/30/15 CWB
expert information provided by Musgrave
Document review of NL initial disclosures
Document review of NL initial disclosures
Review documents and case analysis
Document review
Review sample fee application and Investigate confidentiality option for time entries given
Bryan Caves involvement in Bankruptcy proceedings
Research and begin drafting fee application
Document review
Prepare for and meet with client regarding history of facts and overall fact strategy in advance
of deposition
Prepare for and attend client meeting re discovery and trial strategy and avenues of
settlement
Review documents produced by Neurelec
Teleconference with Bedoya regarding witnesses, strategy, audio tape, etc.
Communicate with Brophy regarding Olivier and potential tesimony and audIotape
Teleconference with Nina Wang regarding Olivier and trade messages regarding same
Preparation and analysis for Bedoya deposition as 30b6 witness and creation of topics
Review documents and pleadings in preparation for 30b6 deposition
Units
Description of Disbursement
Date
1/16/15 Court filing fee Colorado Interactive 12/2014 District Court, Court of Appeals
and Supreme Court #2011GV395
1/16/15 Court filing fee Colorado Interactive 12/2014 Denver County Court Case
History Purchase #2008CV1 0601
1.7
2.5
.5
2.1
35
4
.8
2.0
3.7
2.9
4.3
.7
.3
.2
1.4
3.5
Rate
Amount
7.50
10.00
Effective
Hours
Recap of Services
Andrew B. Clauss
ChristopherW. Brophy
JenniferA. Gordon
Total
35,0
44.3
1.0
80.3
Rate
250.00
200.00
100.00
Total Fees
Total Disbursements
Total Current Charges
DISBURSEMENTS MADE POR YOUR ACCOUNT. FOR WHICH BILLS HAVE NOT YET BEEN RECEIVED,
WILL APPEAR ON A LATER STATEMENT
Fees
8,750.00
8,860.00
100.00
17,710.00
17,710.00
17.50
17,727.50
Case 12-47045
Doc 220-2
Filed 05/01/15 Entered 05/01/15 13:34:52
Invoices Pg 11 of 15
Exhibit B-
LEWiS BRISBOIS BISGAARD & SMITH
LAWYERS
SUITE 4000
633W FIFP-I STREET
LOS 1NGELES. CALIFORNiA 900/1
TELEPHONE (213f2.0-tH00
34804-2
File
Number
FEDERAL 1.0. NO 05.3720522
otologics
SANeurelecv Otologics
ABC1
-
Date
Description of Services Rendered
Atty
2/02115 ABC
2/02/15 ABC
2/02/15 ABC
2/02/15 ABC
2/02/15 CWB
2/03/15 ABC
2/03/15 ABC
2/03/15 ABC
2/03/15 ABC
2/03/15 ABC
2/03115 CWB
2/03/15 CWB
2/03/15 JAG
2/04/15 ABC
2/04/15 ABC
2/05/15 ABC
2/05/15 ABC
2/05/15 CWB
2/06/15 ABC
2/06/15 CWB
2/09/15 ABC
Review email from Musgrave regarding consolidation, teleconference with Jose regarding
same, analysis with Brophy regarding same, teleconference with Jose and all counsel
regarding same
Prepare for Otologics 30b6 deposition, review documentS, analysis of preparation topics, etc.
Communicate with Musgrave regarding NL depositions and research location issue and
analysis regarding same with Brophy
Review documents
Research and analyze consolidation issue raised by NL confidentiality of documents and
designation of production, moving to compel all foreign depositions in Denver and
applicability of Hague convention to discovery in light of prior rulings in Colorado
Prepare for meeting with bedoya regarding deposition prep
Investigate docket and confidentiality issues and work with Brophy to correct issues
Deposition prep with Bedoya
Meet with Bedoya regarding deposition prep, conferences with Musgrave regarding
depositions, analysis of settlement options
Review Amended Notice of 30b6 Deposition pleading
Conferences with court regarding designation of Otologics case file as suppressed and not
disctosed to public in contradiction of protective order, conferences with Bedoya's counsel re
strategy, review and analyze 30-b-6 deposition notice
Deposition preparation with Bedoya and Call
Review and analyze documents in anticipation of preparing client for deposition.
Teleconference with Jose regarding settlement proposal and status and follow up with
Brophy on Ivan Call regarding same
Review documents and file in preparation of Bedoya deposition
Analysis of potential claims and witnesses and leverage In event settlement negotiations
begin depending on outcome of offer on table, multiple teleconferences with Bedoya,
conferences with Brophy regarding same
Review Order dismissing Krumholz from case and related analysis
Legal analysis and research of impact of release on BK estate and remaining claims based
on proposed settlement terms and multiple conferences with Clauss and Bedoya re same
Multiple teleconferences with Brophy and Call and Bedoya regarding settlement terms and
issues, multiple teleconferences with Bedoya regarding settlement and analysis of value of
offensive case
Research case law, statutes and prior rulings and appellate opinion in light of proposed
settlement and corresponding releases and conferences with Clauss and Call re same
Teleconferences with Bedoya, review draft settlement agreement prepared by Warfield,
prepare for meeting with Musgrave and identify potential issues for discussion and problem
areas
2/09/15 ABC
2/09/15 ABC
Meet with Ivan Call in advance of Musgrave meeting and meet with Musgrave and Call
regarding settlement issues and logistics
Review initial judgment and other papers provided by 1. Call and make substantial revisions
to draft agreement based on discussions with client, such documents, and meeting with Call
and Musgrave, and additional teleconference with Bedoya, and teleconference with Call
regarding redlines
2/09/15 ABC Draft cover email to all parties and send draft for review.
conferences with Clauss re
2/09/15 CWB Review and comment on initial draft of settlement agreement,
same
and issues and analysis of issue
2/10/15 ABC Communicate with Warfield regarding settlement terms
DIsBURsEMENTS MADE FOR YOUR ACcOUNT. FOR WHICH BILLS HAVE NOT YET BEEN REcEIVED,
WILL APPEAR ON A LATER STATEMENT
3/1 3/15
1460270
Page
1
Hours
1.5
2.4
4
.7
4.1
.5
.4
.1
5.0
.1
1.2
45
1.5
.2
37
4.6
.2
3.2
3.7
-1.5
1.9
1.2
2.4
.1
.7
Case 12-47045
Doc 220-2
Filed 05/01/15 Entered 05/01/15 13:34:52
Invoices Pg 12 of 15
Exhibit B-
LEWIS BRisBols B[SGAARD & SMITH w
LAWYERS
SUITE 4000
633W FIFTH STREET
LOS ANGELES, CALIFORNIA 900h
TELEPHONE (213)250-1500
File
34804-2
Number
ABC1
Date Atty
2/10/15 CWB
2/10/15 CWB
2/11/15 ABC
2/11/15 ABC
2/11/15 ABC
2/11/15 CWB
2/12/15 ABC
2/12/15 CWB
2/12/15 CWB
2/13/15 ABC
2/13/15 ABC
2/13/15 ABC
2113/15 CWB
2/16/15 ABC
2/17/15 ABC
2/18/15 ABC
2/19/15 ABC
2/19/15 ABC
/19115 CWB
2/20/15 ABC
2/20/15 CWB
2/23/15 ABC
2/24/15 ABC
2/24/15 CWB
Date
FEDERALLO. NO 95-3720522
3/13115
Otologics
SANeurelec v Otologics
1460270
Page
2
Hours
Description of Services Rendered
4
raised by Wartield in advance of call
Research case law and statutes regarding settlement terms and release of claims in light of
proposed settlement terms
Review recording of SAME conference audio in relation to valuation of offensive case
Multiple teleconferences with Bedoya and review and revise settlement agreement drafts
from Warfield, review comments from all, email communications with team, etc regarding
same, address issues raised by Wart leld
Draft letter to Musgraveregardirig confidentiality housekeeping matters and email regarding
settlement issues
Review, and analysis related to, Motion to Approve Settlement Agreement drafted by
Wart ield and teleconference with Bedoya
Research issuesrelating to confidentiality of pleadings and documents in case marked as
suppressed and the corresponding sections of protective order
Meetings with Jose and communications with Warfeild and Ivan Call regarding settlement
status, timing problems, and potential solutions and analysis with Brophy regarding same
Research case law and statutes relating to release of one joint tortfeasor in conspiracy claim
Analysis of proposed settlement terms on Bk estate and litigation against Neurelec in light of
proposed releases and pending remand trial
Teleconferences with Jose and Brophy regarding settlement status and related issues,
analysis of issues, detailed emails to and from joint counsel team involved in settlement
Additional teleconferences with Jose, Brophy, Ivan, Warfield in various combinatuion
regarding status and whether to move to enforce settlement, agree to NL's BK counsel's idea
to file motion for approval without key terms. etc., and related analysis
Review draft Motion for approval and related analysis
Review and revise proposed settlement agreement and conferences with Clauss and
Warfield re same
Teleconference with Bedoya regarding status
Teleconference with Bedoya and review status ernails regarding Bobbee and draft
agreement
Teleconference with Bedoya regarding status of settlement
Review and revise settlement agreement and analysis of potential issues and problems
raised by NL's modifications and relat:ed legal reseach into contribution issues
Additional conterence calls with Bedoya, bedoya and Warilied and entire team regarding
settlement issues and related analysis
Review proposed settlement proposal and comment on same, review pleadings and
appellate opinion in defensive case and pleadings in offensive case in relation to dismissal
versus release of a subset of claims
Review several settlement agreement redlines and comment on same, communicate with the
team regarding same, analysis of available options In light of Cullen's conversation with
Wart ield and teleconferences with Bedoya regarding same
Research case law relating to contribution claim by joint and several detendants when no
payment has been made or if claim can be assigned
Teleconference with bedoya regarding French Issues with Otologics French campanies and
Neurelec allegations and strategy regarding same
Teleconferences with Bedoya regarding French Oto Issues and settlement with NL and
review final redlines and communications with co-counsel and conferences with Brophy
Review latest settlement proposal and conferences with Clauss, Call and Warfield re same
Description of Disbursement
Units
DISBURSEMENTS MADE FOR YOUR ACCOUNT, FOR WHICH BILLS HAVE NOT YET SEEN RECEIVED.
WiLL APPEAR ON A LATER STATEMENT
1.8
1.1
1.9
.2
.2
.8
1.1
2.5
a
.7
2.4
.3
1.9
.1
.1
.1
1,4
1 .6
1.4
1 .2
2.3
.3
.6
Rate
Amount
Case 12-47045
Doc 220-2
Filed 05/01/15 Entered 05/01/15 13:34:52
Invoices Pg 13 of 15
Exhibit B-
LE\vls BRIsBOIS BJSGAARD & SMITH Lii'
LAWYERS
SUITE 4000
t3W FIFTH STREET
LOS ANGELES. CALIFORNIA 90071
TELEPHONE (213) 250.1800
File
Number
34804-2
FEDERAL 1.0. NO 95.312522
3/13115
OtologicS
SA Neurelec v Otologics
Page
ASC1
Units
Description of Disbursement
Date
2/17/15 Court filing fee Colorado Interactive 01/20 15 District Court, Court of Appeals
and Supreme Court 12011CV395
Rate
1460270
3
Amount
15.00
Effective
Recap of Services
Andrew B. Clauss
Cluistopher W. Brophy
Hours
Rate
Fees
41.8
250.00
200.00
100.00
10,450.00
5,680.00
150.00
16,280.00
28.4
1.5
Jennifer A. Gordon
Total
71.7
Total Fees
Total Disbursements
Total Current Charges
DISBURSEMENTS MADE FOR YOUR ACCOUNT. FOR WHICH BILLS HAVE NOT YET BEEN RECEIVED,
WILL APPEAR ON A LATER STATEMENT
1 6,280.00
15.00
16,295.00
Case 12-47045
Doc 220-2
Filed 05/01/15 Entered 05/01/15 13:34:52
Invoices Pg 14 of 15
LEWIS BRisBols BISGAARD & SMITH
LAWYERS
SUITE 4000
633W. FIFTH STREET
LOS ANGELES, CALIFORNIA 90071
TELEPHONE (213) 250-1800
File
34804-2
Number
ABCI
Atty
4/03/15 ABC
Date
FEDERAL I.D. NO
Exhibit B-
LLI'
95-3720522
4/30/15
1482135
Otologics
SA Neurelec V Otologics
Page
Description of Services Rendered
Hours
.
Review email from Musgrave, analysis of same and remaining action items, analysis of how to
respond and conference with Brophy, reply to same vi email and voicemail
4/06/15 ABC Teleconference with Jose regarding document destruction and related issues
4/06/15 ABC Review files regarding document deletion and return and draft letter to Musgrave regarding same
4/07/15 DRM Assisted Andy Clauss and Chris Brophy in reviewing and destroying confidential documents.
4/08/15 ABC Final revisions to Musgrave letter and circulate to team
4/08/15 CWB Review and destroy documents per settlement agreement
4/09/15 ABC Manage deletion and certifications issues and communicate with Bobbee Musgrave about
logistics regarding same, follow up with Krumholz, etc
4/09/15 CWB Review and destroy documents per settlement agreement
4/15/15 ABC Teleconferences with Bedoya and draft re-certification for Bedoyas signature, communicate with
Musgrave and Bedoya regarding Oto data
4/28/15 ABC Assemble information for final fee application, communicate with Warfield re same
4/28/15 ABC Receive and review certification letter from Musgrave
Date
1
Units
Description of Disbursement
4/16/15 Court filing fee Colorado Interactive 03/2015 District Court, Court of Appeals
and Supreme Court #2011CV395
4/24/15 Conference Call Soundpath Conferencing do American Teleconferencing
Services Conference call of Andrew Clauss on 02/13/2015
4/24/15 Conference Call Soundpath Conferencing do American Teleconferencing
Services Conference call of Andrew Clauss on 02/13/2015
4/24/15 Conference Call Soundpath Conferencing do American Teleconferencing
Services Conference call of Andrew Clauss on 02/19/2015
Rate
.8
.3
.3
1.0
.1
4.0
.6
6.0
.5
.4
.1
Amount
13.50
4.95
8.72
5.82
Effective
Hours
Recap of Services
Andrew B. Clauss
ChristopherW. Brophy
3.1
Daniel R. Mcintosh
Total
10.0
1.0
14.1
Rate
250.00
200.00
100.00
Total Fees
Total Disbursements
Total Current Charges
DISBURSEMENTS MADE FOR YOUR ACCOUNT, FOR WHICH BILLS HAVE NOT YET BEEN RECEIVED,
WILL APPEAR ON A LATER STATEMENT
Fees
775.00
2,000.00
100.00
2,875.00
2,875.00
32.99
2,907.99
Case 12-47045
Doc 220-2
Filed 05/01/15 Entered 05/01/15 13:34:52
Invoices Pg 15 of 15
LEWIS BRIsBoIs BISGAARD & SMITH
LAWYERS
SUITE 4000
633W. FIFTH STREET
LOS ANGELES, CALIFORNIA 90071
TELEPHONE (213) 250-1800
File
34804-2
Number
ABCI
Atty
3/02/15 ABC
LLI'
95-3720522
4/28115
Otologics
SA Neurelec V Otologics
1480610
Page
Emails with Warfield regarding Gordon & Rees documents, analysis of issue regarding demand
for destruction, review draft demand letter
Follow up communications with Warfield and Bedoya regarding settlement status, funding issues,
etc.
3/07/15 ABC
3/07/15 CWB
3/09/15 ABC
3/09/15 ABC
3/09/15 CWB
3/09/15 CWB
3/10/15 ABC
3/10/15 ABC
3/12/15 ABC
3/12/15 CWB
3/13/15 ABC
1
Hours
Description of Services Rendered
Date
3/04/15 ABC
FEDERAL I.D. NO
Exhibit B-
Teleconferences with Bedoya and Moumane regarding settlement and March 16 trial
Review draft Bk court orders resettlement approval and conferences with Clauss re same
Teleconference with Krumholz regarding Moumane and Badih, analysis, and emails to all
regarding same and teleconference with Moumane regarding same
Review and analysis of Gordon & Rees objection to settlement, teleconference with Bedoya, and
send comments to Warfield, review draft Bedoya affidavit
Review correspondence from BK counsel and from French defendants re status of settlement,
review G&R objection, conferences with Clauss and Call re objection and trial setting
Analysis of G&R objection and response and Bedoya declaration
Communicate with Laurent Badih regarding settlement questions
Communicate with Dave Warfield regarding affidavit background
Review and revise fee application and draft timekeeper summary, expense summary and Project
Summary attachment and review local rule
Research and draft fee application and supporting affidavit
Additional revisions to fee application and exhibits, compile exhibits and send same to Warfield for
.2
.2
.7
.4
.5
.6
.9
.8
.1
.1
.7
1.8
review
5
settlement agreement
.5
.2
3/13/15 CWB Review orders approving settlement and review and calendar corresponding deadlines per
3/16/15 ABC Communicate with co-counsel and review settlement agreement
3/17/15 CWB Communications with Clauss and Call re dismissal of actions per settlement agreement and
issues regarding pending trial
Review and send Dave Warfield billing records for fee application
Draft and revise letter to Musgrave regarding confidentiality issues and return of documents
Review file for status and analysis of action items per settlement agreement, etc.
Review emails and follow up on status
Conferences with Clauss and Call re dismissal of Bedoya, remaining claims for trial and Otologics
position re settlement and dismissal if Musgrave intends on going forward with trial
3/23/15 CWB Prepare for and attend trial and review dismissal papers
3/25/15 ABC Review Musgrave email and follow up
3/27/15 ABC Review Musgrave's email and follow up
3/30/15 ABC Teleconference with Bedoya regarding status
3/30/15 ABC Review file and analysis to determine what papers need to be filed and other activities now that
1M settlement has been received
3/30/15 CWB Research and draft stipulation of dismissal pending NL dismissal of defensive case
3/31/15 ABC Review Musgrave's stipulation and revise our stipulation to dismiss and send to client for approval
3/31/15 ABC Teleconference with Jose regarding settlement issues
3/31/15 ABC Review dismissal order
3/18/15 ABC
3/18/15 ABC
3/19/15 ABC
3/20/15 ABC
3/20/15 CWB
.1
.3
.2
.2
1.2
1.5
.2
.1
.2
.2
.2
4
.1
Effective
Recap of Services
Andrew B. Clauss
Christopher W. Brophy
Hours
6.0
7.9
Rate
250.00
200.00
DISBURSEMENTS MADE FOR YOUR ACCOUNT, FOR WHICH BILLS HAVE NOT YET BEEN RECEIVED,
WILL APPEAR ON A LATER STATEMENT
Fees
1,500.00
1,580.00