Eugene F. Assaf, P.C. 

To Call Writer Directly: 

(202) 879-5196 

eugene.assaf@kirkland.com 

655 Fifteenth Street, N.W. 

Washington, D.C. 20005 

(202) 879-5000 

www.kirkland.com 

Facsimile: 

(202) 879-5200 

Beijing Boston Chicago Hong Kong Houston London Los Angeles Munich New York Palo Alto San Francisco Shanghai 

November 8, 2017 

VIA E-MAIL 

Brendan E. Little 

Levy Konigsberg LLP 

800 Third Avenue, 11th Fl. 

New York, NY 10022 

Re: Kimberlee Williams, et al. v. BASF Catalysts LLC, et al.

Dear Mr. Little: 

 

 We have received additional correspondence today from Mr. Placitella, on which you were 

copied, regarding the Bevan Law Firm’s client files. Mr. Placitella’s letter raises many questions, 

which we will direct to both him and you in a separate letter. In the meantime, Mr. Placitella’s 

letter specifically copied you and “ask[ed] that [you] verify, correct, or clarify any of the 

information provided” in his letter. 

 Mr. Placitella also now emphasizes that he does not “speak directly for the Bevan Firm.” 

We had quite a different understanding over the past year. Indeed, we had understood that there 

was a relationship between the Bevan Firm and the Cohen Placitella Firm. In this regard, we also 

ask that any fee-sharing agreement be produced. 

 In any event, as directed by Mr. Placitella, we ask that you immediately verify, correct, and 

augment, as necessary, the information he provided about Bevan’s files in his letter of today. In 

addition, despite our many requests, you have to date provided no substantive responses to our 

questions regarding the status of your client’s files and the basis for your representations to the 

Court regarding those files, both in your briefing and at the October 26, 2017 hearing. We have 

also asked you to agree, without the need for a subpoena, to make available for deposition Bevan’s 

document custodian. 

 We ask that you respond to our inquiries, which are attached again here, no later than 

November 9, 2017. We look forward to your prompt response on these important issues. 

Case 2:11-cv-01754-BRM-AME Document 372-9 Filed 11/13/17 Page 1 of 4 PageID: 15504
Brendan E. Little 

November 8, 2017 

Page 2 

Sincerely, 

/s/ Eugene F. Assaf, P.C. 

Eugene F. Assaf, P.C. 

cc: Counsel for all parties 

Case 2:11-cv-01754-BRM-AME Document 372-9 Filed 11/13/17 Page 2 of 4 PageID: 15505
Eugene F. Assaf, P.C. 

To Call Writer Directly: 

(202) 879-5196 

eugene.assaf@kirkland.com 

655 Fifteenth Street, N.W. 

Washington, D.C. 20005 

(202) 879-5000 

www.kirkland.com 

Facsimile: 

(202) 879-5200 

Beijing Boston Chicago Hong Kong Houston London Los Angeles Munich New York Palo Alto San Francisco Shanghai 

November 7, 2017 

VIA E-MAIL 

Christopher M. Placitella 

Cohen, Placitella & Roth, P.C. 

127 Maple Avenue 

Red Bank, NJ 07701 

Brendan E. Little 

Levy Konigsberg LLP 

800 Third Avenue, 11th Fl. 

New York, NY 10022 

Re: Kimberlee Williams, et al. v. BASF Catalysts LLC, et al.

Dear Messrs. Placitella and Little: 

We write to follow up on the outstanding questions regarding the Bevan Law Firm’s client 

files that were set forth in our letter of November 6, 2017: 

1. What percentage of the Bevan firm’s asbestos-injury client files exist in electronic format? 

2. Are the files for all five named plaintiffs represented by Bevan available in electronic 

format? 

3. Are any or all of the electronic files word searchable? 

4. Are files maintained by individual plaintiff or by case (i.e., are co-plaintiffs filed together)? 

5. If maintained individually, what steps did you take to determine whether information 

related to the five named plaintiffs is in the files of other plaintiffs (e.g., co-plaintiffs)? 

6. Which law firms provided files to the Bevan firm? 

7. What percentage of the files from other law firms are stored electronically? 

Case 2:11-cv-01754-BRM-AME Document 372-9 Filed 11/13/17 Page 3 of 4 PageID: 15506
Christopher M. Placitella 

Brendan E. Little 

November 7, 2017 

Page 2 

8. Does the Bevan firm have an index or database for its files, including the files it received 

from other firms? 

9. If the Bevan firm contends that the database or spreadsheet is privileged, what is the basis 

for that assertion? 

10. Given the Court’s holding that plaintiffs waived their privilege at least in part, will the 

Bevan firm produce the database or spreadsheet? 

11. Which cases are included in the database or spreadsheet? 

12. Which plaintiffs are included in the database or spreadsheet? 

13. What categories of information are included in the database or spreadsheet? For instance, 

does it include the plaintiff’s name, the plaintiff’s alleged injury, settlement information, 

the basis for resolution of the plaintiff’s Emtal claim, and/or the plaintiff’s current contact 

information? 

 Given that we believe the Court had a serious misunderstanding of the facts surrounding 

the location and status of Bevan’s client files, we ask that you provide a written response to the 

questions above no later than November 8, 2017. Moreover, in light of Mr. Little’s various offers 

to provide additional factual information to the Court under oath, we ask that a representative from 

the Bevan firm be made available for a deposition during the week of November 13, 2017. We 

anticipate one hour of questioning on records issues. 

 

 We look forward to your response. 

Sincerely, 

/s/ Eugene F. Assaf, P.C. 

Eugene F. Assaf, P.C. 

Case 2:11-cv-01754-BRM-AME Document 372-9 Filed 11/13/17 Page 4 of 4 PageID: 15507