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Contract analysis / engagement-letter-hsag-hsi.docx
engagement-letter-hsag-hsi.docx
1032-00007 · 7 clauses
High · 1 Medium · 5 Standard · 0
1. Scope of Engagement Medium
⚑ Liability cap to check against exposure
1. Scope of Engagement The Firm's representation of the Company in this matter shall encompass the following: (a) Responding to the DOJ's voluntary request for information and any subsequent requests, subpoenas, civil investigative demands, or other compulsory process that may be issued by DOJ NSD/CES or any other governmental authority in connection with the Inquiry; (b) Conducting a privileged internal investigatio
2. Engagement Team
2. Engagement Team The following attorneys will serve as the primary engagement team for this matter: From time to time, other C&H attorneys, including partners, counsel, associates, and staff attorneys, may be involved in the engagement as the needs of the matter require. We will endeavor to staff the matter efficiently and to minimize the number of attorneys working on any given task. The Company will be notified i
3. Fees and Billing Medium
⚑ Liability cap to check against exposure
3. Fees and Billing Hourly Rates. The Firm will bill for professional services rendered in connection with this engagement on an hourly basis at the following standard rates for calendar year 2025: These rates are subject to annual adjustment, typically effective January 1 of each calendar year, consistent with the Firm's standard rate-setting practices. The Company will be notified in advance of any rate adjustments
4. Dual Representation High
⚑ Penalty / liquidated damages
4. Dual Representation The Firm confirms that it will represent both HSAG, organized under the laws of Switzerland, and HSI, organized under the laws of the State of Delaware, in connection with the Inquiry. At the present time, we understand and believe that the interests of HSAG and HSI are aligned with respect to the subject matter of the Inquiry, and we do not foresee any conflict of interest that would preclude
5. Document Preservation Medium
⚑ Liability cap to check against exposure
5. Document Preservation The Company must immediately implement a comprehensive litigation hold to preserve all documents, communications, and electronically stored information ("ESI") that are potentially relevant to the Inquiry. The obligation to preserve relevant materials is ongoing and extends to all employees, officers, directors, agents, and representatives of both HSAG and HSI who may possess, have access to,
6. Privileged Communications Medium
⚑ Forum / governing law
6. Privileged Communications All communications between the Firm and the Company in connection with this engagement, including oral communications, written correspondence, electronic communications, memoranda, and work product prepared by the Firm, are protected by the attorney-client privilege and/or the work product doctrine to the fullest extent permitted by applicable law. These protections are essential to the e
7. Governing Law Medium
⚑ Forum / governing law
7. Governing Law This engagement letter and the relationship between the Firm and the Company shall be governed by, and construed in accordance with, the laws of the District of Columbia, including the District of Columbia Rules of Professional Conduct, without regard to conflict of laws principles. We look forward to working with you and your teams on this important matter. We recognize the seriousness of the Inquir