Exhibit A

Case: 19-30088 Doc# 3364-1 Filed: 08/02/19 Entered: 08/02/19 16:02:41 Page 1

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Minga, Jay

From: Forman, Daniel <DForman@willkie.com>

Sent: Tuesday, June 25, 2019 3:06 PM

To: Minga, Jay

Cc: Goren, Matthew; McCallen, Benjamin; Fleming, Timothy; Liou, Jessica; Slack, Richard

Subject: Re: PG&E Protective Order

Rick- Per our conversation, below is the list of individual members’ subrogation and bankruptcy counsel. We 

listed lead counsel for each firm, but understand that each is working with their full complement of associates, 

legal assistants, etc. at their respective firms. Please confirm you have no objection to the following receiving 

confidential and highly confidential discovery material. We will advise as (and if) additional counsel for 

individual members require access to material, and expect any such additional counsel receive the same 

consideration from the company in the future. 

 

Thank you 

 

 

Subrogation Counsel

Alper & McCulloch Dean Alper 

Bauman Loewe Witt & Maxwell, PLLC Scott Loewe; Mark Bauman 

Berger Kahn Craig Simon 

Cozen O'Connor P.C. Howard Maycon; Kevin Bush; Mark Felger 

Denenberg Tuffley, PLLC Paul Casetta; Alan McMaster 

Gibson Robb & Lindh LLP Joshua E. Kirsch 

Greer, Herz, & Adams, LLP David Booth 

Grotefeld Hoffmann Gordon Ochoa & 

Evinger, LLP 

Mark Grotefeld; Maura Walsh-Ochoa; 

Waylon Pickett 

Jang & Associates LLP Alan Jang 

Law Offices of Shawn E. Caine, A.P.C. Shawn Caine 

Mazzola Lindstrom LLP Wendy Lindstrom; Hanoch Sheps 

Nielsen Zehe & Antas, PC Jack McCabe; Brian T. Suth 

Noma Law Sally Noma 

Prager Dreifuss Gion Christian Casanova 

Robins Kaplan LLP Scott G. Johnson 

Schroeder Loscotoff LLP Eric Schroeder; Bill Loscotoff 

Shoecraft Burton, LLP Michelle Burton; Rachel Kelly 

Sloane and Walsh, LLP John A. Donovan III; Anthony J. Antonellis 

Soltman, Levitt, Flaherty, & Wattles LLP Steven B. Soltman; Steven S. Nimoy 

Stutman Law Tim Cary; Nathan Hurd 

Case: 19-30088 Doc# 3364-1 Filed: 08/02/19 Entered: 08/02/19 16:02:41 Page 2

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Bankruptcy Counsel

Dentons Peter Wolfson; Patrick Maxcy 

Friedman Kaplan Eric Seiler; Jason Rubinstein 

Gibson Dunn Jeffrey C. Krause; James Hallowell 

Locke Lord LLP Aaron Smith 

Pachulski Stang Ziehl & Jones Isaac Pachulski; Debra Grassgreen

Vinson & Elkins Mortimer Hartwell; Meghan Natenson 

Daniel Forman 

Willkie Farr & Gallagher LLP

787 Seventh Avenue | New York, NY 10019-6099 

Direct: +1 212 728 8196 | Fax: +1 212 728 9196

dforman@willkie.com | vCard | www.willkie.com bio

On Jun 25, 2019, at 11:25 AM, Forman, Daniel <DForman@willkie.com> wrote: 

Following up on my email below, we read your reply, and we’re hoping we can talk briefly.  I’m flying to 

California today, but can talk any time before 1:15 Eastern.

Thanks, 

Dan

Daniel Forman 

Willkie Farr & Gallagher LLP

787 Seventh Avenue | New York, NY 10019-6099 

Direct: +1 212 728 8196 | Fax: +1 212 728 9196

dforman@willkie.com | vCard | www.willkie.com bio

From: Forman, Daniel  

Sent: Monday, June 24, 2019 12:17 PM 

To: 'Minga, Jay' <Jay.Minga@weil.com> 

Cc: Goren, Matthew <matthew.goren@weil.com>; McCallen, Benjamin <BMcCallen@willkie.com>; 

Fleming, Timothy <TFleming@willkie.com>; Liou, Jessica <jessica.liou@weil.com>; Slack, Richard 

<richard.slack@weil.com> 

Subject: RE: PG&E Protective Order

 

Weil team – 

In follow up to our call last week – the two categories of attorneys we would like to share discovery with 

are individual group members’ subrogation and bankruptcy counsel, all of whom are actively engaged in 

advising our group members with respect to this bankruptcy case.  Would you consent now that those 

parties can sign the acknowledgment and gain access to discovery per section 7.3(k) of your proposed 

protective order?  If you consent, we can take that issue off the table for Wednesday’s hearing. 

Thank you,

Dan

Case: 19-30088 Doc# 3364-1 Filed: 08/02/19 Entered: 08/02/19 16:02:41 Page 3

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Daniel Forman 

Willkie Farr & Gallagher LLP

787 Seventh Avenue | New York, NY 10019-6099 

Direct: +1 212 728 8196 | Fax: +1 212 728 9196

dforman@willkie.com | vCard | www.willkie.com bio

From: Forman, Daniel  

Sent: Sunday, June 23, 2019 1:30 PM 

To: 'Minga, Jay' <Jay.Minga@weil.com> 

Cc: Goren, Matthew <matthew.goren@weil.com>; McCallen, Benjamin <BMcCallen@willkie.com>; 

Fleming, Timothy <TFleming@willkie.com>; Liou, Jessica <jessica.liou@weil.com>; Slack, Richard 

<richard.slack@weil.com> 

Subject: RE: PG&E Protective Order

 

Thanks, of course when the language was in the TCC’s draft, it was in the context of a protective order 

that contemplated the designating party filing a motion to defend a designation, and the provision in 

question read: “In addition, the Challenging Party may file a motion challenging a confidentiality 

designation at any time if there is good cause for doing so . . .”  In my view the same language is very 

different within context.  In the TCC’s version it was an option above and beyond the designating party’s 

obligation to go to court.  In your version it is the challenging party’s sole recourse.  I urge you to re‐

consider whether “if there is good cause for doing so” is truly necessary when the challenging party is 

the one that has to bring the motion in the first instance.  We also continue to think about the issue on 

our side.

Daniel Forman 

Willkie Farr & Gallagher LLP

787 Seventh Avenue | New York, NY 10019-6099 

Direct: +1 212 728 8196 | Fax: +1 212 728 9196

dforman@willkie.com | vCard | www.willkie.com bio

From: Minga, Jay [mailto:Jay.Minga@weil.com]  

Sent: Friday, June 21, 2019 7:00 PM 

To: Forman, Daniel <DForman@willkie.com> 

Cc: Goren, Matthew <matthew.goren@weil.com>; McCallen, Benjamin <BMcCallen@willkie.com>; 

Fleming, Timothy <TFleming@willkie.com>; Liou, Jessica <jessica.liou@weil.com>; Slack, Richard 

<richard.slack@weil.com> 

Subject: RE: PG&E Protective Order

 

Dan,

Thank you for the call earlier.  The language you highlight was proposed by the TCC and accepted by the 

Debtors.  We filed the redline in which the TCC proposed this language as Exhibit M to the Slack 

Declaration, ECF No. 2460‐13, at 31 of 41.  We do not believe the language shifts or otherwise addresses 

the burden of proof; it is merely intended to ensure that a party does not bring a frivolous motion to 

challenge a designation and has a good faith basis to bring such a challenge.  

Please let us know if you’d like to discuss further.

Best,

Jay

Case: 19-30088 Doc# 3364-1 Filed: 08/02/19 Entered: 08/02/19 16:02:41 Page 4

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<image001.jpg>

Jay Minga

Weil, Gotshal & Manges LLP 

767 Fifth Avenue 

New York, NY 10153

Jay.Minga@weil.com

+1 212 310 8378 Direct

+1 646 467 2079 Mobile

+1 212 310 8007 Fax

From: Forman, Daniel <DForman@willkie.com>  

Sent: Friday, June 21, 2019 3:59 PM 

To: Liou, Jessica <jessica.liou@weil.com>; Slack, Richard <richard.slack@weil.com> 

Cc: Goren, Matthew <matthew.goren@weil.com>; McCallen, Benjamin <BMcCallen@willkie.com>; 

Minga, Jay <Jay.Minga@weil.com>; Fleming, Timothy <TFleming@willkie.com> 

Subject: RE: PG&E Protective Order

 

Thank you for the call.  I wanted to follow up on one issue that is causing some confusion on my 

end.  You mentioned that the dispute is not who bears the burden of persuasion on the appropriateness 

of a confidentiality designation once the dispute is brought to the Court’s attention.  And you believe 

the only dispute is over which party must bring the motion.  You took the position on our call that your 

order is silent as to the burden of persuasion once the issue is before the court, but as drafted, the 

second‐to‐last sentence of section 6.3 of your draft could be read differently:  “The Challenging Party 

may file a motion challenging a confidentiality designation at any time if there is good cause for doing 

so, including a challenge to the designation of a deposition transcript or any portion thereof.” (emphasis 

added).  This seems to tip the scales in the proceeding over the appropriateness of the 

designation.  Rather than one question before the court (i.e. was the designation appropriate), the order 

could be read to add the question of whether the challenging party had good cause for filing their 

motion.  Please let me know if I am misreading the order.

Thank you, 

Dan

Daniel Forman 

Willkie Farr & Gallagher LLP

787 Seventh Avenue | New York, NY 10019-6099 

Direct: +1 212 728 8196 | Fax: +1 212 728 9196

dforman@willkie.com | vCard | www.willkie.com bio

From: Liou, Jessica [mailto:jessica.liou@weil.com]  

Sent: Friday, June 21, 2019 12:15 PM 

To: Slack, Richard <richard.slack@weil.com>; Forman, Daniel <DForman@willkie.com> 

Cc: Goren, Matthew <matthew.goren@weil.com>; McCallen, Benjamin <BMcCallen@willkie.com>; 

Minga, Jay <Jay.Minga@weil.com> 

Subject: RE: PG&E Protective Order

 

Good here.  Jay, would you send a planner with dial in?

Jessica

Case: 19-30088 Doc# 3364-1 Filed: 08/02/19 Entered: 08/02/19 16:02:41 Page 5

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<image001.jpg>

Jessica Liou

Partner

Business Finance & Restructuring 

Weil, Gotshal & Manges LLP 

767 Fifth Avenue 

New York, NY 10153 

Jessica.Liou@weil.com

+1 212 310 8817 Direct 

+1 917 806 5259 Mobile 

+1 212 310 8007 Fax

Weil’s Bankruptcy Blog: http://bfr.weil.com

From: Slack, Richard <richard.slack@weil.com>  

Sent: Friday, June 21, 2019 12:10 PM 

To: Forman, Daniel <DForman@willkie.com>; Liou, Jessica <jessica.liou@weil.com> 

Cc: Goren, Matthew <matthew.goren@weil.com>; McCallen, Benjamin <BMcCallen@willkie.com>; 

Minga, Jay <Jay.Minga@weil.com> 

Subject: RE: PG&E Protective Order

 

OK for me, if good with Jessica.

From: Forman, Daniel <DForman@willkie.com>  

Sent: Friday, June 21, 2019 12:06 PM 

To: Liou, Jessica <jessica.liou@weil.com> 

Cc: Goren, Matthew <matthew.goren@weil.com>; McCallen, Benjamin <BMcCallen@willkie.com>; 

Slack, Richard <richard.slack@weil.com>; Minga, Jay <Jay.Minga@weil.com> 

Subject: Re: PG&E Protective Order

 

Can we do 3 pm, if that still works for Ben too? 

 

Daniel Forman 

Willkie Farr & Gallagher LLP

787 Seventh Avenue | New York, NY 10019-6099 

Direct: +1 212 728 8196 | Fax: +1 212 728 9196

dforman@willkie.com | vCard | www.willkie.com bio

On Jun 21, 2019, at 11:29 AM, Liou, Jessica <jessica.liou@weil.com> wrote: 

Dan, 

 

Happy to hop on a call. Are you available this afternoon after 1 pm et? I'm 

flexible. 

 

Jessica 

 

 

On Jun 21, 2019 10:17 AM, "Forman, Daniel" <DForman@willkie.com> wrote: 

Case: 19-30088 Doc# 3364-1 Filed: 08/02/19 Entered: 08/02/19 16:02:41 Page 6

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Jessica/Matt – 

 

We’re reaching out to see if we can resolve the piece of our objection does not 

overlap with the TCC’s objection prior to the hearing next week. Please let us 

know if you’re available to discuss. 

 

Thanks, 

Dan 

Daniel Forman 

Willkie Farr & Gallagher LLP

787 Seventh Avenue | New York, NY 10019-6099 

Direct: +1 212 728 8196 | Fax: +1 212 728 9196

dforman@willkie.com | vCard | www.willkie.com bio

 

Important Notice: This email message is intended to be received only by persons

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Important Notice: This email message is intended to be received only by persons entitled to receive the 

confidential information it may contain. Email messages to clients of Willkie Farr & Gallagher LLP 

presumptively contain information that is confidential and legally privileged; email messages to nonclients are normally confidential and may also be legally privileged. Please do not read, copy, forward or 

store this message unless you are an intended recipient of it. If you have received this message in error, 

please forward it back. Willkie Farr & Gallagher LLP is a limited liability partnership organized in the 

United States under the laws of the State of Delaware, which laws limit the personal liability of partners.

 

Case: 19-30088 Doc# 3364-1 Filed: 08/02/19 Entered: 08/02/19 16:02:41 Page 7

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The information contained in this email message is intended only for use of the individual or entity named 

above. If the reader of this message is not the intended recipient, or the employee or agent responsible to 

deliver it to the intended recipient, you are hereby notified that any dissemination, distribution or copying 

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immediately notify us by email, postmaster@weil.com, and destroy the original message. Thank you.

 

Important Notice: This email message is intended to be received only by persons entitled to receive the 

confidential information it may contain. Email messages to clients of Willkie Farr & Gallagher LLP 

presumptively contain information that is confidential and legally privileged; email messages to nonclients are normally confidential and may also be legally privileged. Please do not read, copy, forward or 

store this message unless you are an intended recipient of it. If you have received this message in error, 

please forward it back. Willkie Farr & Gallagher LLP is a limited liability partnership organized in the 

United States under the laws of the State of Delaware, which laws limit the personal liability of partners.

 

The information contained in this email message is intended only for use of the individual or entity named 

above. If the reader of this message is not the intended recipient, or the employee or agent responsible to 

deliver it to the intended recipient, you are hereby notified that any dissemination, distribution or copying 

of this communication is strictly prohibited. If you have received this communication in error, please 

immediately notify us by email, postmaster@weil.com, and destroy the original message. Thank you.

Important Notice: This email message is intended to be received only by persons entitled to receive the confidential 

information it may contain. Email messages to clients of Willkie Farr & Gallagher LLP presumptively contain information 

that is confidential and legally privileged; email messages to non-clients are normally confidential and may also be legally 

privileged. Please do not read, copy, forward or store this message unless you are an intended recipient of it. If you have 

received this message in error, please forward it back. Willkie Farr & Gallagher LLP is a limited liability partnership 

organized in the United States under the laws of the State of Delaware, which laws limit the personal liability of partners.

Case: 19-30088 Doc# 3364-1 Filed: 08/02/19 Entered: 08/02/19 16:02:41 Page 8

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