Documentos de Académico
Documentos de Profesional
Documentos de Cultura
132637924.2
September 9, 2016
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3. Any communications between Mr. Ailes or Mr. Ailes employees, attorneys, or agents,
on one hand, and any investigator or firm who procured or attempted to procure
telephone records or any other personal information of Mr. Strupp and/or Mr. Brock, on
the other hand.
4. All documents regarding or referring to the methods by which Mr. Strupps and
Mr. Brocks records were procured (e.g., pretexting, spoofing, hacking, etc.).
5. The identities of other individuals and entities, not including Mr. Strupp and Mr. Brock,
who were subject to the same or similar surveillance as Mr. Strupp and Mr. Brock.
This notice applies to all of Mr. Ailes information storage systems, computer networks, and
electronic devices (including all removable media, remote access devices, and mobile devices),
without regard to their physical location. This notice also applies to archives, backup systems,
and recovery tapes.
Mr. Ailes duty to preserve extends to all forms of information, including materials in tangible
form and electronically stored information. Much of the information subject to disclosure may be
stored on Mr. Ailes current and former computer systems and electronic devices. Thus,
electronically stored information should be given the broadest possible definition, and should
be understood to include, among other things, e-mail and other electronic communications;
voicemail; word processing documents; image files; sound recordings; databases; database
records; calendars; telephone logs; system usage logs; Internet usage logs; and associated
metadata. Mr. Ailes may need to create forensic images of electronic devices to avoid altering or
destroying evidence. Mr. Ailes may also need to preserve legacy devices, operating systems,
or platforms in order to ensure that evidence in its possession may be accessed at a later date.
In addition, the duty to preserve requires Mr. Ailes to halt routine practices that could result in
the destruction or corruption of evidence, including (but not limited to) purges of stored e-mails
or other documents based on age or other criteria; erasing, destroying, or discarding backup
media; and re-assigning, re-imaging, or disposing of systems, servers, devices, or media. Mr.
Ailes must also take affirmative steps to prevent anyone with access to his data, systems, and
archives from modifying or destroying evidence.
We also demand that Mr. Ailes communicate this preservation demand to any other individuals
or entities who possess or may possess potentially relevant evidence.
In closing, we emphasize once again the importance of taking immediate and affirmative action
to preserve all potentially relevant evidence. As shown by earlier hacking scandals involving
News Corpaffiliated entities, initial reports of these sorts of activities often reveal only the tip
of the iceberg. We expect to discover additional wrongdoing in the course of our investigation.
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September 9, 2016
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If you have any questions about Mr. Ailes preservation obligations, not all of which are outlined
above, I invite you to contact me at your earliest convenience.
This letter may not be construed as a relinquishment or waiver of any rights or remedies to which
our client is entitled. Our client specifically reserves all such rights and remedies.
Very truly yours,
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