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Contract analysis / expert-retention-letter-lautner.docx
expert-retention-letter-lautner.docx
High · 0
Medium · 3
Standard · 1
1. Introduction and Purpose of Engagement
1. Introduction and Purpose of Engagement Calderwood & Harkness LLP represents Redstone Gaming Corp. ("Redstone" or "RGC"), a publicly traded gaming and media/entertainment company (Nasdaq: RDST), headquartered at 4100 Obsidian Tower Boulevard, Suite 2200, Las Vegas, Nevada 89109. We are writing to confirm the terms under which we wish to retain you as a testifying expert witness on behalf of Redstone in the above-ca
2. Background of the Litigation
Standard
⚑ Commercial term
2. Background of the Litigation To provide context for your engagement, we summarize below the relevant background of the dispute. On March 18, 2024, Luminos Interactive LLC ("Luminos"), a Texas limited liability company and independent game studio based in Austin, Texas, filed a complaint alleging copyright infringement against Redstone in the United States District Court for the District of Nevada. Luminos is repre
3. Scope of Expert Engagement
3. Scope of Expert Engagement We anticipate that your engagement will encompass the following areas of analysis, opinion, and testimony. While the scope of your work may evolve as the litigation progresses, we expect the following to form the core of your retention: 3.1 Visual Comparison Analysis You will be asked to conduct a comprehensive, pixel-level visual comparison of each of the thirty-seven (37) challenged as
4. Materials to Be Provided
4. Materials to Be Provided Calderwood & Harkness will provide or arrange access to the following materials in connection with your engagement: (a) Copies of the Complaint filed by Luminos on March 18, 2024, Redstone's Answer and Affirmative Defenses filed on April 22, 2024, and all other relevant pleadings, motions, and orders in the case; (b) The thirty-seven (37) challenged visual assets from Ironclad Dominion and
5. Compensation
Medium
⚑ Liability cap to check against exposure
5. Compensation Dr. Lautner will be compensated at a rate of Six Hundred Fifty Dollars ($650.00) per hour for all time expended in connection with this engagement, including but not limited to the following categories of work: • Document and material review; • Analysis, research, and data processing; • Expert report preparation, drafting, and revision; • Conferences and communications with counsel (including telephon
6. Confidentiality Provisions
Medium
⚑ Liability cap to check against exposure
6. Confidentiality Provisions All information, documents, materials, data, and communications provided by Calderwood & Harkness, Redstone Gaming Corp., or any party in connection with this engagement are strictly confidential and shall be treated as such by Dr. Lautner at all times. Dr. Lautner shall not disclose any confidential information to any third party without the prior written consent of Calderwood & Harknes
7. Independence and Objectivity
7. Independence and Objectivity Calderwood & Harkness expects Dr. Lautner to exercise independent professional judgment at all times and to render opinions based solely on her expertise, her review and analysis of the relevant facts and data, and the application of accepted methodologies in her field. While counsel will provide factual context, identify issues for analysis, and discuss the legal framework in which Dr
8. Document Retention and discoverability
8. Document Retention and discoverability Dr. Lautner should be aware that, under the Federal Rules of Civil Procedure, all documents she creates, reviews, marks up, annotates, or relies upon in forming her opinions in connection with this engagement — including drafts of her expert report, working notes, preliminary analyses, spreadsheets, computational outputs, electronic communications with counsel, and any other
9. Scheduling and Deadlines
9. Scheduling and Deadlines Under the current scheduling order entered by Judge Langford, the parties are required to exchange initial expert reports on August 19, 2024. To allow sufficient time for counsel's review, any necessary revisions, and service on opposing counsel, Dr. Lautner's initial expert report must be finalized and delivered to Calderwood & Harkness no later than August 12, 2024. If a rebuttal expert
10. Termination
Medium
⚑ Confidentiality undertaking
10. Termination Either party may terminate this engagement at any time upon written notice to the other party. In the event of termination by either party, Dr. Lautner shall be entitled to full compensation for all time expended and all reasonable expenses incurred through the date of termination, payable in accordance with the terms set forth in Section 5 above. Upon termination, all confidential materials shall be
11. Acceptance and Execution
11. Acceptance and Execution If the foregoing terms are acceptable, we respectfully request that Dr. Lautner confirm her acceptance of this engagement by signing in the space provided below and returning a signed copy of this letter to Calderwood & Harkness LLP. An executed copy may be returned by email (in PDF format) to cbloom@calderwoodharkness.com and osiddiqui@calderwoodharkness.com, with the original to follow
1. Copy of the Complaint, Luminos Interactive LLC v. Redstone Gaming Corp., Case No. 2:24
1. Copy of the Complaint, Luminos Interactive LLC v. Redstone Gaming Corp., Case No. 2:24-cv-00587-RWL, filed March 18, 2024
2. Copy of Redstone Gaming Corp.'s Answer and Affirmative Defenses, filed April 22, 2024
2. Copy of Redstone Gaming Corp.'s Answer and Affirmative Defenses, filed April 22, 2024
3. Exhibit List Identifying the 37 Challenged Visual Assets
3. Exhibit List Identifying the 37 Challenged Visual Assets
4. Proposed Protective Order (entered Protective Order to follow upon Court approval)
4. Proposed Protective Order (entered Protective Order to follow upon Court approval) cc: Priya Venkatesh, General Counsel, Redstone Gaming Corp. Alan Ngo, Calderwood & Harkness LLP Omar Siddiqui, Calderwood & Harkness LLP Patricia Thorngate, Thorngate & Associates, PC (local counsel, District of Nevada)