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Case 1:14-cv-04988-LAK-FM Document 256-5 Filed 09/08/15 Page 1 of 5

EXHIBIT E

Alston & Bird LLP
Case 1:14-cv-04988-LAK-FM Document 256-5 Filed 09/08/15 Page 2 of 5

ANNEX 1 – ZTE’S DOCUMENT COLLECTION AND PRESERVATION EFFORTS
JULY 2014 TO MARCH 2015
JULY 2, 2014
KING & SPALDING PILLSBURY MWE & BRINKS
TRO ISSUED

JULY 28, 2014 HOLD NOTICE GIVEN TO 4 ZTE
EMPLOYEES

JULY 30, 2014
HOLD NOTICE SENT TO A TOTAL
OF 29 ZTE EMPLOYEES

AUGUST 2, 2014 TRO VIOLATION – DOCUMENTS
SHOW NDA MATERIAL SENT TO
OVER 115 ZTE EMPLOYEES BY
THIS POINT NO HOLD NOTICE
ISSUED
????

ZTE CONSIDERS FILING FRAND
CLAIMS

FEBRUARY 2015 ZTE FILES FRAND CLAIMS
AND SEEKS TRO IN DEL

MARCH 2015 “TARGETED” IMAGES OF HARD BRINKS
FRAND CASE TRANSFERRED
DRIVES COLLECTED FROM 10 ENGAGED FOR
FROM DEL TO SDNY
“ORIGINAL CUSTODIANS” FRAND CASE

NO INDICATION AS TO WHY 19 OTHER HOLD NOTICE RECIPIENTS
DID NOT HAVE HARD DRIVES IMAGED. GUO XIAO MING NOT
AMONG 10 “ORIGINAL CUSTODIANS”
Case 1:14-cv-04988-LAK-FM Document 256-5 Filed 09/08/15 Page 3 of 5

ANNEX 1 – ZTE’S DOCUMENT COLLECTION AND PRESERVATION EFFORTS
APRIL 2015 TO JULY 2015

KING & SPALDING MWE & BRINKS

CHINESE MEMBERS OF DACHENG FIRM IN NO INDICATION OF SEARCH TERMS
APRIL 2015
CHINA APPLY SEARCH TERMS TO 10 DACHENG CHINESE LAWYERS USE OR
IMAGED HARD DRIVES AND REVIEW FOR WHETHER DACHENG SCREENS FOR
RESPONSIVENESS, AND PRIVILEGE “STATE SECRIETS”

K&S REVIEWS ONLY ”SAMPLE” OF NO INDICATION OF HOW
DACHENG’S DECISIONS ON NON- LARGE “SAMPLE” IS OR HOW
RESPONSIVE OR PRIVILEGED DOCUMENTS IT WAS SELECTED

MAY 2015 ZTE PRODUCES FIRST NDA DOCUMENTS MWE SENDS FIRST EVER FRAND HOLD
NOTICE TO 29 RECIPIENTS OF NDA
HOLD NOTICE AND ADDITIONAL
WITHHOLDS DOCUMENTS RE:
CUSTODIANS
COMMUNICATIONS WITH CHINESE
GOVERNMENT ARGUING CHINESE
BLOCKING STATUTE
USES SEARCH TERMS TO SEARCH
HARD DRIVES OF 10 ORIGINAL NDA
CUSTODIANS FOR FRAND DOCUMENTS
AND IMAGES AND USES SEARCH
TERMS ON HARD DRIVES OF FIVE
ADDITIONAL FRAND CUSTODIANS

JUNE 2015

BRINKS PARTNERS MOVE TO MWE
IN RESPONSE TO DEPO NOTICE FOR GUO,
ZTE EMPLOYEES IDENTIFY RESPONSIVE
GUO DOCUMENTS TO BE PRODUCED. K&S ONLY REVIEWS “SAMPLE” OF 917
GUO’S HARD DRIVE NOT IMAGED DUE TO DOCUMENTS ZTE EMPLOYEES DEEMED
“STATE SECRETS” CONCERNS NON-RESPONSIVE.

IMAGES AND SEARCHES HARD DRIVE
JULY 2015 OF ONE ADDITIONAL FRAND
CUSTODIAN
Case 1:14-cv-04988-LAK-FM Document 256-5 Filed 09/08/15 Page 4 of 5

ANNEX 1 – ZTE’S DOCUMENT COLLECTION AND PRESERVATION EFFORTS
JULY 2015 TO AUGUST 2015
JULY 2015 –
KING & SPALDING MWE & BRINKS CLIFFORD CHANCE
CONT’D

JULY 13, 2015 DEADLINE FOR DEADLINE FOR
SUBSTANTIAL COMPLETION SUBSTANTIAL COMPLETION
OF DOCUMENT OF DOCUMENT
PRODUCTION PRODUCTION

JULY 31, 2015 SENDS ORIGINAL NDA FILES NOTICE OF
HOLD NOTICE FOR FIRST APPEARANCE
TIME TO OVER 115 ZTE
EMPLOYESS THAT RECEIVED
NDA MATERIAL MORE
THAN A YEAR AGO

AUGUST 4, 2015 COURT COMPELS PRODUCTION OF RESPONSIVE DOCUMENTS FROM ALL ZTE CUSTODIANS
AND INTERNAL NETWORKS BY AUGUST 18, 2015 AND CERTIFICATIONS FROM COUNSEL RE:
DOCUMENT PRESERVATION AND COLLECTION EFFORTS

ZTE BEGINS FOR THE FIRST TIME EVER TO IMAGE HARD DRIVES OF 105 ZTE EMPLOYEES
THAT RECEIVED NDA MATERIAL

FILES REQUEST TO
WITHDRAW REPORTS TRO VIOLATION
BY ZTE

AUGUST 18 2015 DEADLINE FOR COMPLIANCE WITH THE COURT’S AUGUST 4, 2015 ORDER

FILES CERTIFICATION WITH FILES CERTIFICATION WITH FILES CERTIFICATION WITH
COURT – NO STATEMENT COURT – NO STATEMENT COURT – NO STATEMENT
RE: SPOLIATION THAT MAY RE: SPOLIATION THAT MAY RE: SPOLIATION THAT MAY
HAVE OCCURRED HAVE OCCURRED HAVE OCCURRED
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ANNEX 1 – ZTE’S DOCUMENT COLLECTION AND PRESERVATION EFFORTS
AUGUST 2015 TO PRESENT
AUGUST 2015 –
KING & SPALDING MWE & BRINKS CLIFFORD CHANCE
CONT’D

AUGUST 18, REPORTS THAT THERE IS
AT THIS POINT, HAVE 100GB OF EMAIL DATA PRODUCES ONLY 297
2015 – CONT’D DOCUMENTS FROM 8 OF
INTERVIEWED 12 OF 105 FROM 105 CUSTODIANS
ADDITIONAL CUSTODIANS THAT WAS NOT STORED ON 115 CUSTODIANS IN
THEIR LOCAL HARD DRIVES RESPONSE TO COURT’S
AUGUST 4, 2015 ORDER
RESPONSIVE DOCUMENTS
NOT EXCLUDED AS STATE AT THIS POINT HAVE
SECRETS ARE IDENTIFIED BY INTERVIEWED 30 OF 105
DOCUMENTS MUST FIRST BE
USING NDA AND FRAND CUSTODIANS.
REVIEWED BY CHINESE
SEARCH TERMS
ATTORNEYS FOR “STATE
SECRETS” AND REPORT THEY ARE RE-
RESPONSIVENESS AND AT THIS POINT, HAVE ONLY REVIEWING DOCUMENTS
PRIVILEGE COMPLETED REVIEW OF ALREADY REVIEWED AND
POTENTIALLY RESPONSIVE DEEMED NON-
DOCUMENTS FOR 2 RESPONSIVE FROM ZTE’S
CUSTODIANS AND EARLIER DOCUMENT
PARTIALLY COMPLETED PRODUCTIONS
REVIEW FOR FIVE
CUSTODIANS

AT THIS POINT, HAVE
INTERVIEWED 48 OF 105
CUSTODIANS. INTERVIEWS
IDENTIFED NETWORK
SERVIER TO BE SEARCHED

SEPTEMBER 25, ZTE’S ESTIMATED COMPLETION DATE FOR DOCUMENT PRODUCTION
2015