Thomas,
I wanted to get this to you over the weekend so we have time to align before Monday. The e-discovery kickoff meeting with Nexagen Analytics Inc. has been confirmed for Monday, May 2, 2022 at 2:00 PM EDT. Brian Cavanaugh, Nexagen's project manager (their Project No. NX-DEH-2204), will be leading on their side. I'm finalizing the draft E-discovery Protocol & Collection Plan this weekend and will circulate it to the team and to Nexagen by end of day tomorrow (May 1) so everyone has it in advance.
**Meeting Logistics**
- **Date/Time:** Monday, May 2, 2022, 2:00 PM EDT - **Location:** Video conference, with an option to attend in person at the New York office (450 Lexington Avenue, 38th Floor) - **C&H Attendees:** Thomas Bradshaw, Jasmine Thornton, Liam Donahue, Elena Vasquez - **Nexagen Attendees:** Brian Cavanaugh and his project team - **Note:** Victoria may dial in for the first 15 minutes to set expectations with Brian's team on scope, timeline, and reporting cadence.
Please confirm the time works for Brian and circulate a calendar invite with the video conference link once you've connected with him.
**Agenda / Key Discussion Points**
I'd like the kickoff to cover the following substantively. This is a lot of ground, but we need to establish the framework now rather than course-correct later.
**1. Scope of Collection — Six Jurisdictions**
Collection spans documents across six jurisdictions corresponding to Dunmore's global entities:
- Dunmore Energy Holdings Ltd. (Cayman Islands / Houston operational HQ) - Dunmore Trading International Ltd. ("DTI") (Dubai, UAE — DIFC) - Dunmore upstream Americas LLC (Houston, TX) - Dunmore Renewables GmbH (Hamburg, Germany) - Dunmore Exploration West Africa Ltd. (Lagos, Nigeria) - UK-based data sources (London operations, if any — to be confirmed)
Nexagen needs to understand the geographic complexity from the outset, particularly the access and transfer challenges for the non-U.S. jurisdictions.
**2. Grand Jury Subpoena Parameters**
All collection must be responsive to grand jury subpoena GJ No. 22-418, issued April 19, 2022, by the U.S. District Court for the District of Columbia (Grand Jury 22-2). The relevant time period is **January 1, 2019 to present**. The subpoena categories include, among others:
- All documents related to **Petronova Trading FZE** - All documents related to **Volkhov Industrial Group JSC** - All documents related to **Zenith Petroleum DMCC** - All documents related to **Caspian Logistik GmbH** - Any transaction involving Russian-origin crude oil or refined products - Any export of oilfield equipment or components to Russia, Belarus, or entities on the OFAC SDN List, Entity List, or Denied Persons List
A copy of the subpoena is available on the matter drive (1016-00009 > Subpoenas). Given its sensitivity, I would prefer not to attach it to emails — please direct Brian's team to coordinate through us for access.
**3. Custodian Prioritization**
The Data Map Memorandum dated April 28, 2022 (attached) is the source document for custodian identification. We've identified the following as priority custodians for first-wave collection:
- Derek Hargrave — President, DTI (Dubai) - Natasha Sorokin — Senior Trader, DTI (Dubai) - Omar Al-Rashidi — Head of Middle East Operations, DTI (Dubai) - Yves Leclerc — Director of Logistics & Shipping, DTI (Dubai) - Rajesh Malhotra — Controller, DTI (Dubai) - Gerald Fisk — Former Chief Compliance Officer (Houston) - Marcus Wellbourne — General Counsel (Houston) - Sandra Whitfield — CFO (Houston) - Callum Renshaw — CEO (Houston) - Tobias Engel — Managing Director, Dunmore Renewables GmbH (Hamburg)
The full custodian list, including second- and third-tier custodians, is in the data map memo. We should be prepared to discuss sequencing and phasing with Nexagen at the kickoff.
**4. Data Sources**
We need to walk Nexagen through the full universe of data sources, including:
- Email systems (Exchange/O365 and any local email clients) - Shared network drives and local hard drives - Messaging platforms — this includes encrypted messaging applications on personal devices, which I want to flag now as a significant collection challenge, particularly for the Dubai-based custodians - Trade management systems - Financial and accounting systems - Shipping and logistics records
Thomas — please prepare a preliminary list of data source types and access requirements broken out by jurisdiction, drawing from the data map memo. We'll need this as a working document for the kickoff.
**5. TAR Methodology**
We should discuss and align with Nexagen on search term development, TAR 2.0 / continuous active learning protocol, quality control sampling rates, and reviewer training requirements. The E-discovery Protocol & Collection Plan (which I'll circulate tomorrow) will be the governing document for all of this, but I want Nexagen's input on workflow design at the kickoff.
**6. Processing and Hosting**
Nexagen will process and host all collected documents on their review platform. We need to establish the Bates-stamping protocol at the kickoff — the production prefix will be **DEH-DOJ** for all documents produced to the government. We should also discuss processing specifications (de-duplication parameters, file type handling, metadata fields, etc.).
**7. Privilege Review Workflow**
This is critical. We need to build a robust privilege review layer into the workflow from day one. Any documents flagged for potential attorney-client privilege or work product protection must be reviewed by C&H attorneys before any production to the government. Given the number of custodians, the four-year lookback period, and the breadth of data sources, we are anticipating a very large collection — potentially millions of documents — so the privilege protocol needs to be scalable and defensible. I'd like to discuss the use of privilege search terms, predictive coding for privilege, and the clawback provisions we'll need in any agreement with DOJ.
**8. Cross-Border Data Transfer Considerations**
This is an area where we need to be especially careful. I want to flag the following at the kickoff:
- **UAE (DIFC):** DIFC Data Protection Law considerations for DTI data. Amara Osei's memorandum on UAE preservation obligations (dated April 25, 2022) is on the matter drive and should be reviewed by the team before the meeting. - **Germany:** GDPR implications for collection from Dunmore Renewables GmbH in Hamburg. We may need a similar analysis to Amara's UAE memo — I'll raise this with Victoria. - **Nigeria:** Data protection requirements under the Nigeria Data Protection Regulation for Dunmore Exploration West Africa Ltd.
Nexagen needs to understand these constraints because they will affect collection methodology, data transfer mechanisms, and timing.
**9. Timeline**
The original subpoena return date was **May 19, 2022**. Victoria sent an extension request to DOJ on April 25 seeking an extension to **July 19, 2022**. Even assuming the extension is granted, we are on a compressed timeline. Litigation hold notices were issued to all Dunmore entities on **April 20, 2022**, so preservation is in place, but collection needs to begin immediately following the kickoff. We should discuss a phased collection schedule with Nexagen — priority custodians and U.S.-based data first, then international sources.
**10. Volume Estimate**
As noted above, we should be prepared for a very large collection. With 10+ priority custodians, a January 2019–present date range, and the breadth of data sources across six jurisdictions, we are likely looking at millions of documents. Nexagen should come to the kickoff with their capacity and resource plan.
**Action Items Before Kickoff**
- **Thomas:** Confirm the meeting time with Brian Cavanaugh at Nexagen and circulate the calendar invite. - **Thomas:** Prepare a preliminary list of data source types and access requirements by jurisdiction (from the data map memo). - **Jasmine:** Circulate the draft E-discovery Protocol & Collection Plan to the team and Nexagen by end of day May 1. - **Elena:** Coordinate with Dunmore's IT contacts at each entity to begin mapping system access and data extraction logistics. We need to know what's feasible before the kickoff if possible. - **Liam:** Prepare initial search term proposals based on the subpoena categories for discussion at the kickoff. Focus on the entity names, key individuals, commodity descriptions, and sanctions-related terminology.
**Attachments**
- Data Map Memorandum — Dunmore Global Data Sources & Custodian List (April 28, 2022) - Draft E-discovery Protocol & Collection Plan — to follow by end of day May 1, 2022
Thomas, I want to emphasize how important it is that we get the collection framework right from the outset. This is a high-priority DOJ investigation, and our collection methodology must be both defensible and comprehensive. Any gaps in the initial collection will compound as we move through review and production, and we cannot afford that here.
Please confirm receipt and that Monday at 2:00 PM works on your end. Also, please note that Victoria has asked for a brief status update on collection readiness by end of next week (Friday, May 6). I'll coordinate that, but I'll need input from everyone on the items above.
Thank you — talk soon.
Best,
**Jasmine Thornton** Associate Calderwood & Harkness LLP 1750 Pennsylvania Avenue NW, Suite 800 Washington, DC 20006 (202) 555-4183 jthornton@calderwoodharkness.com
---
*CONFIDENTIALITY NOTICE: This email message, including any attachments, is for the sole use of the intended recipient(s) and may contain confidential, privileged, and/or attorney work product information. Any unauthorized review, use, disclosure, or distribution is prohibited. If you are not the intended recipient, please contact the sender by reply email and destroy all copies of the original message. Receipt by anyone other than the intended recipient is not a waiver of any attorney-client privilege, work product protection, or other applicable privilege.*