File 030101
Email Chain: LA Times Report on Emirates NBD Fraud Verdict with Kathy Ruemmler (File 030101)
Email correspondence regarding a Los Angeles Times article reporting on a federal jury verdict in which Emirates NBD was found not guilty of defrauding InfoSpan in a mobile payment system partnership dispute. Features Kathy Ruemmler, former White House counsel, as defense attorney for the bank.
Summary
This document is an email chain dated August 11-12, 2016, forwarding a Los Angeles Times article about a federal jury verdict in a fraud case between Orange County company InfoSpan and Dubai-based Emirates NBD. The case involved a failed partnership over SpanCash, a mobile payment system for migrant workers. The jury sided with Emirates NBD, finding InfoSpan failed to prove fraud or theft of trade secrets. The article highlights that former White House counsel Kathy Ruemmler represented Emirates NBD in the case, arguing the bank cancelled the deal due to InfoSpan's non-functional technology and misrepresentations, not fraud. The document shows internal coordination among Latham & Watkins attorneys regarding press coverage of the verdict.
From: Kathy RuemmlerSent: 8/12/2016 12:38:13 PMTo: jeffrey E. [jeeyacation@gmail.com]Subject: Re: Press: LA Times - Federal jury decides Middle East bank did not defraud Orange County entrepreneurImportance: HighYesOn Aug 12, 2016, at 7:57 AM, jeffrey E. <jeevacation@gmail.com> wrote:Awake?On Thursday, August 11, 2016, jeffrey E. <jeevacation@gmail.com> wrote:CoolOn Thursday, 11 August 2016, Kathy Ruemmler <__________________________> wrote:Begin forwarded message:From: -.111>Date: August 11, 2016 at 7:52:12 PM PDTTo: 1.11M1Subject: FW: Press: LA Times - Federal jury decides Middle East bank did not defraud OrangeCounty entrepreneurFrom: Pizzurro, Frank (LA)Date: Thursday, Aug 11, 2016, 7:41 PMTo: Dunlavey, Dean (OC) <______________________________Schecter, Daniel (CC) <_________________________n<mailto:______________________________________r»,Mohebbi, Nima (LA) Ruemmler, Kathy (DC)<mailto>><mailto:#L&WBDPRUS@LW.com>>, Wine, Jamie(NY) ailto>>, Bruno, Nicole (NY)<<mailto », Harris, Nicole (CH)_______________________<mailto:l>>, Greenberg, Jeffrey (LA-NY)>>, Bauer, Steve (SF-BR)imailto:>>, Moore, Wendy (OC)<Illt<mailto:Min>>, Jennings, Alex (LA)<11111<mailto:]_________________________________k>>, Robins, Greg (LA)______________________fl<mailto:>>Subject: Press: LA Times - Federal jury decides Middle East bank did not defraud Orange CountyentrepreneurCc: #L&W BD PR (US) <#1The LA Times appears to be the first media to report on the verdict. Latham references are highlighted:HOUSE OVERSIGHT 030101BUSINESSFederal jury decides Middle East bank did not defraud Orange County entrepreneur<http://fw.to/aXv1QHI>[Farooq Bajwa]Farooq BajwaBy Andrew KhouriAugust 11, 2016A federal jury decided Thursday that one of the Middle East's most prominent banks did not commit fraudand steal technology from an Irvine firm that sued it for half a billion dollars in damages after theirpartnership collapsed.Orange County company InfoSpan had alleged that Emirates NBD ended a partnership for a mobile paymentsystem because it didn't want to share revenue and stole InfoSpan's technology to launch its own service.The Dubai-based bank, in turn, denied it stole or ever used InfoSpan's technology. It argued that it cancelledthe partnership because InfoSpan couldn't produce a working product and misled it into thinking it was anestablished company, not one with little to no track record.After deliberating for a day, the jury unanimously decided that InfoSpan did not prove its case of fraud andtheft of trade secrets.InfoSpan had asked for $540 million in damages. An attorney for InfoSpan declined to comment on thepossibility of an appeal.The verdict capped a two-week trial that involved dueling accusations of fraud levied by high-profileattorneys on both sides, including the former White House counsel to President Obama.At the center of the high-stakes battle was San Juan Capistrano resident and entrepreneur Farooq Bajwa and amobile payment system that he said would allow migrant workers in the Middle East to send remittances backhome through text messages.Bajwa contended that InfoSpan, with support from outside investors, spent $87 million developing thebusiness and technology.To launch the system, known as SpanCash, Bajwa partnered in 2007 with Emirates Bank, which is controlledby the United Arab Emirates' sovereign wealth fund.It seemed the ideal collaboration for the Pakistani immigrant, who earned millions operating another Irvinecompany that manufactured computer components in the 1980s and 1990sThe Gulf States rely heavily on migrants to work construction and other low-wage jobs, offering a ready-made market for SpanCash. InfoSpan aimed to allow migrants to transfer money back home far more cheaplythan Western Union or hawala, a traditional Middle Eastern broker-to-broker money transfer system.A study from McKinsey & Co., cited in court records, projected annual revenue of $3.5 billion by the deal'sfifth year, with InfoSpan receiving more than $2.8 billion in fees.But the relationship between InfoSpan and Emirates Bank soured and the bank cancelled the deal in 2009.A few days later, Emirates filed a criminal complaint in Dubai against Bajwa and a partner alleging that theydefrauded the bank and misrepresented InfoSpan as an established business with a working technology.Two years later, InfoSpan sued in U.S. District Court in Santa Ana and alleged that its technology wasworking and that it delivered its source code to the bank on servers. Emirates ended the deal, InfoSpan said, tolaunch its own mobile payment system after stealing InfoSpan's technology.In court, an attorney for InfoSpan argued that Emirates torpedoed the InfoSpan relationship because itabhorred how much money it would have to share with the Irvine firm."They wanted SpanCash and they wanted the money," attorney William A. Isaacson said in his closingarguments Wednesday.Isaacson — a partner with powerhouse law firm Boies Schiller & Flexner, chaired by high-profile litigatorDavid Boies — argued that the bank resorted to "pure extortion" in an attempt to get its way.As a result of the bank's criminal complaint, InfoSpan alleged Bajwa's partner, Larry Scudder, was detainedat the Dubai International Airport and taken to a cell where he was locked in with 30 other men for 19 hoursHOUSE OVERSIGHT 030102until he secured his release by turning over his passport.According to the lawsuit, Bajwa tried to resolve the situation but was told Scudder's passport would bereleased and he could leave the country only if InfoSpan gave up ownership and control of SpanCash to thebank.Six months later, the bank withdrew the fraud accusations and Scudder got his passport back, but SpanCash'sreputation was tarnished and it collapsed, Bajwa previously told The Times.The bank disputed that it acquired InfoSpan's source code or used it at any time.Former White House counsel and an attorney for the bank, Kathryn Ruemmler, said that Emirates neverwould have acquired source code in a joint-partnership deal like the one reached with InfoSpan. She said suchtechnology would instead be held by a third-party escrow company for the length of the partnership.In her closing arguments, the partner with global firm Latham & Watkins told the jury that Bajwa andInfoSpan sold the bank a "bill of goods," arguing that despite promises to Emirates, the technology neverworked and InfoSpan wasn't as big a company as it claimed.The bank cancelled the deal and filed a criminal complaint, not as a form of extortion but simply to regain thebank's money after it was misled and doubts grew about the character of InfoSpan's employees, Ruemmlertold the jury."They concluded, definitively, that they had been defrauded," she said.Lubna Qassim, group general counsel for Emirates Bank, said in a statement after the verdict that "EmiratesBank is gratified by today's decision and the opportunity to receive a fair trial in U.S. courts."Bajwa said the trial has taken a toll on him and he doesn't know his next steps."I am just beat up," he said.Phil Hirschkorn contributed to this report.andrew.khouriglatimes.com<mailto:andrew.khouriglatimes.com>Copyright 0 2016, Los Angeles Times<http://www.latimes.com/>Frank PizzurroPublic Relations Senior ManagerLATHAM & WATKINS LLP355 South Grand Avenue I Los Aneeles, CA 90071-1560This email may contain material that is confidential, privileged and/or attorney work product for the sole useof the intended recipient. Any review, reliance or distribution by others or forwarding without expresspermission is strictly prohibited. If you are not the intended recipient, please contact the sender and delete allcopies.Latham & Watkins LLPplease noteThe information contained in this communication isconfidential, may be attorney-client privileged, mayconstitute inside information, and is intended only forthe use of the addressee. It is the property ofJEEHOUSE OVERSIGHT 030103Unauthorized use, disclosure or copying of thiscommunication or any part thereof is strictly prohibitedand may be unlawful. If you have received thiscommunication in error, please notify us immediately byreturn e-mail or by e-mail to jeevacation@gmail.com, anddestroy this communication and all copies thereof,including all attachments. copyright -all rights reservedplease noteThe information contained in this communication isconfidential, may be attorney-client privileged, mayconstitute inside information, and is intended only forthe use of the addressee. It is the property ofJEEUnauthorized use, disclosure or copying of thiscommunication or any part thereof is strictly prohibitedand may be unlawful. If you have received thiscommunication in error, please notify us immediately byreturn e-mail or by e-mail to jeevacation@gmail.com, anddestroy this communication and all copies thereof,including all attachments. copyright -all rights reservedHOUSE OVERSIGHT 030104