WPP – 5

Case 1:20-cv-23287-DPG Document 337-5 Entered on FLSD Docket 09/18/2023 Page 1 of 8
UNITED STATES DISTRICT COURT

SOUTHERN DISTRICT OF FLORIDA

CASE NO.: 20-cv-23287-DPG

LUIS MANUEL RODRIGUEZ,

MARIA TERESA RODRIGUEZ, a/k/a 

MARIA TERESA LANDA,

ALFREDO RAMON FORNS,

RAMON ALBERTO RODRIGUEZ,

RAUL LORENZO RODRIGUEZ,

CHRISTINA CONROY, and

FRANCISCO RAMON RODRIGUEZ,

Plaintiffs,

v.

IMPERIAL BRANDS PLC,

CORPORACIÓN HABANOS, S.A.,

WPP PLC, YOUNG & RUBICAM LLC,

and BCW LLC, a/k/a BURSON COHN & 

WOLFE LLC,

Defendants.

DEFENDANT’S NOTICE OF FILING SUPPLEMENTAL 

DECLARATION OF GERALD LOMBARDO IN SUPPORT OF 

DEFENDANTS’ MOTION TO DISMISS THE COMPLAINT

Defendant Burson Cohn & Wolfe LLC a/k/a BCW LLC hereby gives notice of filing the 

Supplemental Declaration of Gerald Lombardo, attached as “Exhibit A,” in support of Defendant’s 

Motion to Dismiss the Complaint. 

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Date: November 19, 2021 s/Naim S. Surgeon

NAIM S. SURGEON

Florida Bar No. 101682

E-Mail: nsurgeon@stroock.com

STROOCK & STROOCK & LAVAN LLP

200 S. Biscayne Blvd., Suite 3100

Miami, Florida 33131

Tel: 305-789-3960

Fax: 305-789-9302

-andPEDRO FREYRE

Florida Bar No. 192140

E-Mail: pedro.freyre@akerman.com

AKERMAN LLP

Three Brickell City Centre

98 Southeast Seventh Street, Suite 1100

Miami, Florida 33131

Tel: (305) 982-5507

Fax: (305) 374-5095

-andCHRISTOPHER DAVIES (admitted pro hac vice)

E-Mail: christopher.davies@wilmerhale.com

JESSICA LUTKENHAUS (admitted pro hac vice)

E-Mail: jessica.lutkenhaus@wilmerhale.com

ASHLEY MCLAUGHLIN LEEN (admitted pro hac 

vice)

E-Mail: ashley.leen@wilmerhale.com

WILMER CUTLER PICKERING HALE 

AND DORR LLP

1875 Pennsylvania Ave NW

Washington, DC 20006

Tel: (202) 663-6000

Fax: (202) 663-6363

Attorneys for Defendants WPP PLC, YOUNG & 

RUBICAM LLC, and BCW LLC

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CERTIFICATE OF SERVICE

I HEREBY CERTIFY that on November 19, 2021, I electronically filed the foregoing

document with the Clerk of the Court using CM/ECF. I also certify that the foregoing documents 

are being served this day on all counsel of record via transmission of Notices of Electronic Filing 

generated by CM/ECF. 

/s/ Naim S. Surgeon

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EXHIBIT A 

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UNITED STATES DISTRICT COURT

SOUTHERN DISTRICT OF FLORIDA

LUIS MANUEL RODRIGUEZ,

MARIA TERESA RODRIGUEZ, a/k/a 

MARIA TERESA LANDA,

ALFREDO RAMON FORNS,

RAMON ALBERTO RODRIGUEZ,

RAUL LORENZO RODRIGUEZ,

CHRISTINA CONROY, and

FRANCISCO RAMON RODRIGUEZ,

Plaintiffs,

v.

IMPERIAL BRANDS PLC,

CORPORACIÓN HABANOS, S.A.,

WPP PLC, YOUNG & RUBICAM LLC,

and BCW LLC, a/k/a BURSON COHN & 

WOLFE LLC,

Defendants.

Case No.: 1:20-cv-23287-DPG

SUPPLEMENTAL DECLARATION OF GERALD LOMBARDO IN SUPPORT OF 

DEFENDANTS’ MOTION TO DISMISS THE COMPLAINT

I, Gerald Lombardo, hereby declare under penalty of perjury the truth of the following statements 

based upon personal knowledge and knowledge gained from the review of corporate records of 

Burson Cohn & Wolfe LLC (“BCW” or the “Company”) and from discussions with others with 

such knowledge:

1. I am an adult and competent to testify to the matters below. I make this Declaration to 

supplement my Declaration submitted to the Court on April 28, 2021, titled, “Declaration 

of Gerald Lombardo In Support Of Defendants’ Motion To Dismiss The Complaint” 

(hereinafter “April 28 Declaration”).

2. I submit this supplemental declaration to inform the Court that BCW’s office in Miami, 

Florida is permanently closed. After recent BCW reductions in force for Miami, only three 

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BCW employees remain in South Florida, where they work remotely from their homes and 

report to the management of BCW’s Atlanta, Georgia office.

3. My statement in the April 28 Declaration that the small number of BCW employees 

working from Miami constituted less than 1 percent of the Company’s nationwide 

headcount was accurate then; since that declaration date, the recent reductions in force

mean that the share of BCW’s total U.S. employees working from Miami is now 

approaching 0 percent.

4. Moreover, BCW has merged the income statement for the small number of remaining 

Miami-based employees into the income figures for BCW’s Atlanta, Georgia office. Thus, 

Miami’s current share of BCW’s national revenue is actually 0 percent.

5. In addition, I want to point out that my April 28 Declaration stated that BCW had 

approximately 3,489 employees across the U.S. as of January 2021. Additional review of 

BCW company data has revealed that in fact there were approximately 845 employees 

across the U.S. as of January 2021. I apologize for the error. 

6. I also stated in my April 28 Declaration that the 647 BCW employees sitting in the New 

York headquarters as of January 2021 constituted approximately 20 percent of the 

Company’s total headcount in the U.S. In fact, BCW’s New York employees, who number 

362, constitute about 43 percent of the Company’s total headcount in the U.S. Thus, my 

error in fact understated the degree to which New York, and not Miami, is overwhelmingly 

the center of operations for BCW. 

7. I also stated in my April 28 Declaration that the New York office accounted for about 30 

percent of BCW’s total U.S. revenue in 2020. Additional review of data has revealed that 

the New York office accounted for about 35 percent of BCW’s total U.S. revenue in 2020. 

Thus, my error once again understated New York’s predominant role as BCW’s center of 

business.

8. The small corrections above do not change the facts supported by my April 28 Declaration 

that: New York is the headquarters of BCW; that BCW’s former office in Miami, Florida 

accounted for a minimal proportion of BCW’s total U.S. workforce and total revenue; and 

finally, that none of BCW’s offices or personnel—either in New York, Miami, or 

elsewhere—performed the marketing work for Corporación Habanos S.A. (“Habanos”) 

that is at issue in the above-captioned litigation.

9. To the contrary, I have confirmed that the relevant marketing work for Habanos was 

performed by the Spain-based employees of a legally distinct corporation in Spain that is 

not a party in this lawsuit. That Spanish company is not a direct or indirect subsidiary of 

BCW. 

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I declare under penalty of perjury that the foregoing is true and correct, to the best of my

knowledge. 

Executed on November 19, 2021, in New York, New York. 

 _______________________ 

 Gerald Lombardo 

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