Contract analysis

I. Introduction and Deposition Logistics This memorandum summarizes the key testimony of Serena Mallick, a former Senior Software Engineer — Data Pipelines at Lumos Analytics Inc. ("Lumos") and a current employee and co-defendant in the above-captioned matter. The deposition of Ms. Mallick was conducted on Wednesday, June 7, 2023, at the offices of Calderwood & Harkness LLP, 555 California Street, 40th Floor, San Fra

II. Background and Employment at Lumos Analytics Inc. A. Hire Date and Role Ms. Mallick testified that she joined Lumos Analytics Inc. on or about June 15, 2020, in the position of Senior Software Engineer — Data Pipelines. She reported directly to Rachel Fong, who held the title of Vice President of Engineering at Lumos during the entirety of Ms. Mallick's employment. Ms. Mallick confirmed that her primary professio

III. Circumstances of Departure from Lumos A. Initial Contact from Rajiv Anand Ms. Mallick testified that Rajiv Anand, a former colleague at Lumos who had served as Director of Machine Learning, first contacted her about joining a new venture in "late September 2022." This timing is notable because Mr. Anand submitted his own resignation from Lumos effective September 30, 2022. Ms. Mallick stated that Mr. Anand's out

IV. The DataStream ETL Repository Copying Incident (October 10, 2022) A. The USB Drive and Copying Event A substantial portion of the deposition focused on the events of October 10, 2022, four days prior to Ms. Mallick's resignation from Lumos. Ms. Mallick was presented with forensic evidence drawn from the Preliminary Forensic Report prepared by Brindoval Digital Forensics LLC, dated May 1, 2023 (marked in part as E

V. Communications with Co-Defendants Regarding Lumos Technology A. Communications with Rajiv Anand Ms. Mallick confirmed that she communicated with Rajiv Anand via personal text message and through a personal signal messaging thread during the September–October 2022 timeframe. She acknowledged that these communications took place outside of Lumos company channels and were conducted using personal devices and accounts

VI. Work at NovaSpark Technologies Inc. A. Role and Responsibilities Ms. Mallick confirmed that she began employment at NovaSpark Technologies Inc. on October 17, 2022, three days after her resignation from Lumos. Her title at NovaSpark is Vice President of Engineering. NovaSpark is headquartered at 88 Bluxome Street, Floor 4, San Francisco, California 94107. Ms. Mallick's primary responsibility at NovaSpark has been

VII. Response to Cease-and-Desist and Litigation A. Receipt of Cease-and-Desist Letter Ms. Mallick confirmed that she received the cease-and-desist letter dated January 9, 2023, sent by Marcus Delgado of Calderwood & Harkness LLP on behalf of Lumos Analytics Inc. The letter was delivered to her residential address at 578 Guerrero Street, Apartment 3B, San Francisco, California 94110. The cease-and-desist letter was m

VIII. Key Credibility Observations Based on my observations during the deposition and a review of the rough transcript, the following credibility assessments are offered for the team's consideration: Overall Demeanor. Ms. Mallick's testimony was generally measured and controlled. She presented as composed and articulate, and she was clearly well-prepared by her counsel. She did not become visibly flustered during dif

IX. Implications for Settlement and Damages Analysis Ms. Mallick's deposition testimony has significant implications for the overall strength of Lumos's claims and for our settlement and mediation strategy. The key takeaways are as follows: Strengthening of Core Misappropriation Claims. Ms. Mallick's testimony strengthens Lumos's claims that (a) the DataStream ETL pipeline — including the codebase, data schemas, and

X. Exhibits Referenced During Deposition The following exhibits were marked and used during the deposition of Serena Mallick on June 7, 2023. Copies of these exhibits are maintained in the case file and are available for review.

XI. Next Steps Based on the testimony obtained during Ms. Mallick's deposition and the analysis set forth in this memorandum, the following next steps are recommended:

1. Derek Yun Deposition. The remaining deposition of co-defendant Derek Yun is currently scheduled for June 22, 2023. Preparation for Mr. Yun's deposition should incorporate the testimony obtained from Ms. Mallick, particularly with respect to the timeline of recruitment, the communications among the three co-defendants during September–October 2022, and Mr. Yun's knowledge of Ms. Mallick's copying activities. Mr. Yu

2. Cross-Reference with Anand Deposition. Ms. Mallick's testimony should be carefully cross-referenced with the deposition testimony of Rajiv Anand, which was taken on May 15, 2023. Areas of particular focus should include: the coordination (or lack thereof) of the three departures; the substance of Mr. Anand's discussions with Ms. Mallick about Lumos technology and NovaSpark's technical requirements; and any inconsi

3. Additional discovery Requests. We recommend propounding additional targeted discovery requests to NovaSpark Technologies Inc. seeking production of the company's version-control history (e.g., Git logs), development server access logs, and internal development documentation (including design specifications, architecture diagrams, and project planning documents) for the period from October 2022 through January 2023

4. Coordination with Damages Expert. We should coordinate with Naveen Kapoor at Meridian Cybersecurity Advisors Inc. to incorporate Ms. Mallick's deposition admissions — particularly her concession regarding architectural similarities, her inability to identify independent NovaSpark design documents, and the forensic evidence of Lumos file presence on NovaSpark servers — into the ongoing damages and unjust enrichment

5. Mediation Preparation. This deposition summary should be included in the case file and incorporated into the mediation preparation materials. Key transcript excerpts should be identified and organized for potential inclusion in the mediation brief, with particular emphasis on the passages identified in Section IX above. This memorandum is intended for internal use by Calderwood & Harkness LLP attorneys and authori