Contract analysis

I. Identification of Counsel and Client This firm represents Lumos Analytics Inc. ("Lumos" or the "Company"), a corporation duly incorporated under the laws of the State of Delaware, with its principal place of business at 4700 Orchard Parkway, Suite 300, San Jose, California 95134. This letter is written on behalf of the firm and Lumos by the undersigned, Marcus Delgado, a partner at Calderwood & Harkness LLP ("C&H"

II. Background — Your Employment and Contractual Obligations You were employed by Lumos as a Senior Software Engineer — Data Pipelines from June 2020 through October 14, 2022, at which time you voluntarily resigned. During the course of your employment, you were a member of the Data Pipelines engineering team, where you were responsible for building, maintaining, and enhancing the proprietary extract, transform, and

III. Lumos's Trade Secrets and Proprietary Information Lumos's competitive advantage in the financial analytics marketplace is derived from its significant and sustained investment in developing proprietary technology, data assets, and analytical methodologies. The following five categories of Lumos trade secrets and proprietary information are of particular relevance to the matters described in this letter: (1) Lumo

IV. Evidence of Misappropriation Lumos has conducted a thorough internal investigation into the circumstances surrounding your departure from the Company, including a detailed review of IT security logs, endpoint monitoring records, network access records, badge-access logs, and other relevant data sources. That investigation has revealed the following facts, which Lumos believes constitute compelling evidence of tra

V. Legal Claims and Bases Based on the foregoing facts and circumstances, Lumos has determined that your actions give rise to claims against you including, but not limited to, the following: (a) Misappropriation of Trade Secrets under the California Uniform Trade Secrets Act. Your unauthorized acquisition, retention, and potential use or disclosure of the DataStream repository and other Lumos trade secrets constitute

VI. Demands In light of the foregoing, Lumos hereby demands that you immediately and without exception take each of the following actions:

1. Cease and Desist. You must immediately cease and desist from any and all use, disclosure, copying, distribution, transmission, publication, reverse engineering, or exploitation of Lumos's proprietary information and trade secrets, in whole or in part, in any form or medium. This demand encompasses, but is not limited to, any and all materials derived from, relating to, or incorporating the DataStream ETL pipeline

2. Return All Lumos Materials. You must promptly return to Lumos all Company materials in your possession, custody, or control, in any form whatsoever, whether electronic or physical. This includes, without limitation, the contents of the external USB drive bearing serial number WD-4837291 and the drive itself, any copies, backups, derivatives, or extracts of the DataStream repository or any other Lumos proprietary m

3. Preserve All Evidence. You must immediately take all steps necessary to preserve and refrain from deleting, destroying, altering, overwriting, concealing, encrypting, or otherwise making unavailable any documents, electronic files, communications (including emails, text messages, chat logs, and voicemails), devices, storage media, or other materials that relate in any way to: (i) Lumos's proprietary information or

4. Provide Written Confirmation of Compliance. Within five (5) business days of your receipt of this letter, you must provide written confirmation to the undersigned that you have fully complied with each of the foregoing demands. Such written confirmation must include: (a) a detailed accounting and inventory of all Lumos materials that were or are in your possession, custody, or control, in any form; (b) a descripti

5. Cease Any Use of Lumos Trade Secrets at NovaSpark or Any Other Entity. You must immediately cease any and all use of Lumos trade secrets and proprietary information in connection with your employment, consulting, advisory, or any other engagement with NovaSpark Technologies Inc. or any other entity, whether as an employee, officer, director, consultant, advisor, contractor, or in any other capacity. This demand ex

VII. Reservation of Rights and Warning of Litigation This letter is without waiver of, and with full reservation of, any and all rights, remedies, claims, and defenses available to Lumos at law or in equity, whether arising under statute, common law, contract, or otherwise. Nothing in this letter shall be construed as a waiver, release, or limitation of any right or claim of Lumos, nor as an admission or concession o

VIII. Instruction to Preserve Evidence and Retain Counsel In addition to the preservation demands set forth above, you are hereby placed on formal notice of your obligation to preserve all potentially relevant documents, data, communications, and evidence relating to the matters described in this letter. This obligation is independent of, and in addition to, any obligations you may have under applicable law, court ru

IX. Request for Response Lumos requests a written response to this letter within five (5) business days of your receipt hereof. Your response should address each of the demands set forth in Section VI above and should be sent to: Marcus Delgado, Esq. Calderwood & Harkness LLP 555 California Street, 40th Floor San Francisco, California 94104 Telephone: (415) 773-6200 Email: mdelgado@calderwoodharkness.com If we do not