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Contract analysis / letter-crestview-remediation-protocol.docx
letter-crestview-remediation-protocol.docx
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I. Purpose and Authorization
Medium
⚑ Confidentiality undertaking
I. Purpose and Authorization This firm represents Lumos Analytics Inc. ("Lumos") in the above-captioned action. We write to formally outline the forensic remediation protocol and scope of work to be undertaken by Brindoval Digital Forensics LLC ("Brindoval") as the neutral forensic examiner in this matter. As you are aware, on September 22, 2023, Lumos, NovaSpark Technologies Inc. ("NovaSpark"), Rajiv Anand, Serena M
II. Scope of Remediation — Lumos Proprietary Materials to Be Identified and Destroyed
Medium
⚑ Confidentiality undertaking
II. Scope of Remediation — Lumos Proprietary Materials to Be Identified and Destroyed Brindoval shall identify, verify the deletion of, and certify the destruction of all Lumos proprietary materials falling within the following categories of trade secrets and confidential information, as identified in the Verified Complaint filed on January 9, 2023, the Preliminary Injunction Order entered by Judge Rutherford on Febr
III. Target Systems, Devices, and Accounts
III. Target Systems, Devices, and Accounts Brindoval shall conduct the forensic remediation on the following systems, devices, and accounts, which are consistent with the inventory established during the forensic imaging phase conducted from March 22 through April 14, 2023, and documented in Appendix A to the Preliminary Forensic Report. A. NovaSpark Corporate Systems Brindoval shall conduct remediation on all NovaSp
1. Three (3) personal laptop computers — one each belonging to Rajiv Anand, Serena Mallic
1. Three (3) personal laptop computers — one each belonging to Rajiv Anand, Serena Mallick, and Derek Yun — as identified and imaged during the forensic examination phase;
2. Two (2) personal mobile phones belonging to individual Defendants, as previously image
2. Two (2) personal mobile phones belonging to individual Defendants, as previously imaged during the forensic examination phase; and
3. Two (2) external storage drives, including the USB drive bearing serial number WD-4837
3. Two (2) external storage drives, including the USB drive bearing serial number WD-4837291, which is associated with Serena Mallick and was identified in the Preliminary Forensic Report as the device onto which the DataStream ETL pipeline repository was copied on or about October 10, 2022. C. Personal Cloud Storage Accounts Brindoval shall conduct remediation on the following personal cloud storage and email accoun
1. Rajiv Anand's personal Hollowell Health IT account — specifically, the account to whic
1. Rajiv Anand's personal Hollowell Health IT account — specifically, the account to which approximately 3.2 gigabytes of LumosEdge model architecture files were transferred on or about September 26, 2022, as documented in the Preliminary Forensic Report;
2. Rajiv Anand's personal email account at r.anand.personal@vaultmail.com — specifically,
2. Rajiv Anand's personal email account at r.anand.personal@vaultmail.com — specifically, the account to which the thirty-seven (37) page "LumosEdge 3.0 Product Roadmap" PDF was forwarded on or about September 28, 2022, as documented in the Preliminary Forensic Report;
3. Derek Yun's personal Larkspur Technologies account — specifically, the account to whic
3. Derek Yun's personal Larkspur Technologies account — specifically, the account to which forty-seven (47) proprietary Jupyter notebooks were downloaded on or about October 18, 2022, as documented in the Preliminary Forensic Report; and
4. Any other personal cloud storage or email accounts identified during the forensic imag
4. Any other personal cloud storage or email accounts identified during the forensic imaging phase as containing Lumos proprietary materials, as documented in Appendix B to the Preliminary Forensic Report. For each cloud account, Brindoval shall ensure that all Lumos proprietary materials, including any files in trash, archive, or version-history repositories, are identified and permanently removed.
IV. Remediation Procedures and Standards
IV. Remediation Procedures and Standards A. Identification and Verification Prior to commencing any deletion or destruction activities, Brindoval shall re-scan all target systems, devices, and accounts using the file-signature hashes (MD5 and SHA-256), metadata profiles, and keyword search terms that were established during the initial forensic examination and documented in Appendix C to Brindoval's Preliminary Foren
1. Electronic files on servers, laptops, and external drives. Brindoval shall perform sec
1. Electronic files on servers, laptops, and external drives. Brindoval shall perform secure deletion using industry-standard methods consistent with the National Institute of Standards and Technology Special Publication 800-88, Revision 1 ("NIST SP 800-88 Rev. 1"), Guidelines for Media Sanitization. Specifically, Brindoval shall employ a "Clear" or "Purge" level sanitization method, as appropriate for the media type
2. Cloud-hosted files. For files residing in cloud storage accounts, Brindoval shall perf
2. Cloud-hosted files. For files residing in cloud storage accounts, Brindoval shall perform permanent deletion from all cloud storage accounts, including removal from "trash," "recently deleted," "archive," and any backup or versioning repositories maintained by the cloud provider. Brindoval shall verify that the cloud provider's deletion process has been completed by confirming that the files are no longer recovera
3. USB drive (serial number WD-4837291). For the external USB drive bearing serial number
3. USB drive (serial number WD-4837291). For the external USB drive bearing serial number WD-4837291, Brindoval shall, at its discretion, either (a) perform a full secure wipe of the drive in accordance with NIST SP 800-88 Rev. 1, or (b) arrange for physical destruction of the drive. In either case, Brindoval shall thoroughly document the method employed and the results obtained. If physical destruction is selected,
V. Oversight by Meridian Cybersecurity Advisors Inc.
V. Oversight by Meridian Cybersecurity Advisors Inc. Pursuant to Section 7.4 of the Settlement Agreement, the forensic remediation shall be conducted with oversight from Naveen Kapoor, Senior Consultant, of Meridian Cybersecurity Advisors Inc. ("Meridian"), located at 2100 Geng Road, Suite 210, Palo Alto, California 94303. Meridian has been retained by Calderwood & Harkness LLP on behalf of Lumos to independently ver
VI. Cooperation of Defendants
Medium
⚑ Forum / governing law
VI. Cooperation of Defendants Pursuant to Section 7.2 of the Settlement Agreement and Paragraph 5 of the Stipulated Permanent Injunction, NovaSpark Technologies Inc. and each individual Defendant—Rajiv Anand, Serena Mallick, and Derek Yun—are obligated to cooperate fully and in good faith with Brindoval's remediation activities. This obligation of cooperation is a material term of the Settlement Agreement, and any fa
VII. Timeline
VII. Timeline The forensic remediation is to commence on October 4, 2023, which is the date of entry of the Stipulated Permanent Injunction by the Court. Brindoval shall use commercially reasonable efforts to complete all remediation activities within approximately four (4) weeks following commencement, targeting completion by no later than October 31, 2023. We recognize that the remediation timeline may be affected
VIII. Cost Allocation
Standard
⚑ Commercial term
VIII. Cost Allocation Consistent with Section 9.1 of the Settlement Agreement and the Court's prior order dated March 8, 2023, regarding allocation of forensic examination costs, Brindoval's fees for the forensic remediation shall be allocated as follows: • Defendants/NovaSpark (60%): One Hundred Thirty-One Thousand One Hundred Sixty Dollars ($131,160.00), based on total Brindoval fees of Two Hundred Eighteen Thousan
IX. Audit Rights
IX. Audit Rights The Settlement Agreement provides, in Section 8.1, that NovaSpark's continued business operations are subject to audit rights exercisable by Brindoval, at Lumos's request, for a period of eighteen (18) months from the effective date of the Settlement Agreement, i.e., from September 22, 2023, through March 22, 2025. During this eighteen-month period, NovaSpark may continue its business operations, inc
X. Final Certification Requirements
X. Final Certification Requirements Upon completion of the forensic remediation, Brindoval shall prepare and issue a Final Forensic Remediation Certification (the "Certification"). The Certification shall include, at a minimum, the following components:
1. A comprehensive inventory of all Lumos proprietary materials identified during the rem
1. A comprehensive inventory of all Lumos proprietary materials identified during the remediation process across all target systems, devices, and accounts, organized by category (corresponding to the categories set forth in Section II above) and by target system, device, or account (corresponding to the targets set forth in Section III above);
2. Confirmation of the secure deletion and/or destruction of each identified item, includ
2. Confirmation of the secure deletion and/or destruction of each identified item, including the methodology employed for each deletion or destruction event and the verification data (including hash values, timestamps, and confirmation receipts from cloud service providers, as applicable) supporting the completeness of the deletion;
3. A statement, rendered to a reasonable degree of forensic certainty, that no Lumos prop
3. A statement, rendered to a reasonable degree of forensic certainty, that no Lumos proprietary materials—including derivative works, modified versions, compilations, or materials based upon Lumos proprietary materials—remain on any of the target systems, devices, or accounts within the remediation scope; and
4. Any observations, caveats, or qualifications that Brindoval deems necessary or appropr
4. Any observations, caveats, or qualifications that Brindoval deems necessary or appropriate to include in the interest of forensic accuracy and completeness. The Certification shall be signed by Dr. Irene Chow, in her capacity as Managing Director and Lead Forensic Examiner of Brindoval Digital Forensics LLC, and by Kevin Barr, Senior Forensic Analyst, who, we understand, served as the lead analyst on this engageme
XI. Contact Information and Coordination
XI. Contact Information and Coordination For purposes of coordinating the remediation activities, the primary contacts at Calderwood & Harkness LLP are as follows: Wendy Schultz, Lead Associate Calderwood & Harkness LLP 555 California Street, 40th Floor San Francisco, California 94104 Telephone: (415) 555-7200 Email: wschultz@calderwoodharkness.com Omar Siddiqui, Working Associate Calderwood & Harkness LLP 555 Califo
XII. Reservation of Rights
XII. Reservation of Rights Nothing in this letter is intended to modify, amend, waive, or supersede the terms of the Settlement Agreement and Mutual Release dated September 22, 2023, or the Stipulated Permanent Injunction entered by the Court on October 4, 2023. This letter is intended solely to provide Brindoval with an operational protocol for the forensic remediation contemplated by those governing documents. In t
1. Settlement Agreement and Mutual Release (executed September 22, 2023)
1. Settlement Agreement and Mutual Release (executed September 22, 2023)
2. Stipulated Permanent Injunction (entered October 4, 2023)
2. Stipulated Permanent Injunction (entered October 4, 2023)
3. Brindoval Preliminary Forensic Report (dated May 1, 2023) (for reference)
3. Brindoval Preliminary Forensic Report (dated May 1, 2023) (for reference)