Case 2:20-cv-00478-DMG-AS Document 72-2 Filed 02/26/21 Page 1 of 4 Page ID #:896

1 MARC E. MAYER (SBN 190969)

mem@msk.com
2 KARIN G. PAGNANELLI (SBN 174763)
kgp@msk.com
3 MITCHELL SILBERBERG & KNUPP LLP
2049 Century Park East, 18th Floor
4 Los Angeles, CA 90067-3120
Telephone: (310) 312-2000
5 Facsimile: (310) 312-3100
6 Attorneys for Plaintiff
UBISOFT, INC.
7
8 UNITED STATES DISTRICT COURT
9 CENTRAL DISTRICT OF CALIFORNIA
10
11 UBISOFT, INC., a corporation existing CASE NO. 2:20-cv-00478 DMG (ASx)
under the laws of California,
12 Honorable Dolly M. Gee
Plaintiff,
13
v. DECLARATION OF DOUGLAS
14 GOLD IN SUPPORT OF MOTION
DENNIS KRUK, a/k/a FOR ENTRY OF DEFAULT
15 DENNIS_KRUK, _D.K_3, JUDGMENT BY THE COURT
DENNIS10KRUKD,
16 DENNIS10KRUK, BYDK_3, (Notice of Motion and Motion for Entry
FOREVERDK_3, and DERDK, an of Default Judgment; Declaration of
17 individual; MAXIMILIAN KUEHL, Timothy M. Carter; [Proposed]
a/k/a GIVEMEYOURELLO, Judgment and Permanent Injunction
18 MAXIMILIANKUEHL0, VERSIX, filed concurrently herewith)
DANIELDUSENANDR,
19 SIXSIEGEGAMING, and VERSIX, an
individual; KELVIN (KEVIN) UTTIH, DATE: March 26, 2021
20 a/k/a KUTTIHS, KUTTIH, and TIME: 9:30 am
KEUTTIH, an individual; BENJAMIN CTRM.: 8C via Zoom
21 RUESINK. a/k/a TEST123TEST123,
BENJAMINSTRIKE,
22 BENJAMINSTRIKES, Filed: January 16, 2020
XBLAZZEROPSERVICES, and Trial: N/A
23 LIGHTNING_MAN420, an individual;
SNG.ONE LTD, an entity of unknown
24 form; ROLAND-DANIEL SOOS, an
individual; and DOES 2 through 10,
25 inclusive,
26 Defendants.
27
Mitchell 28
Silberberg &
Knupp LLP
 Case 2:20-cv-00478-DMG-AS Document 72-2 Filed 02/26/21 Page 2 of 4 Page ID #:897

1 I, Douglas Gold, declare:

2 1. I am the Chief Marketing and Financial Officer of Mitchell Silberberg
3 & Knupp LLP (“MSK”), attorneys for Plaintiff Ubisoft, Inc. (“Ubisoft”) in this
4 action. Unless otherwise stated, I have personal knowledge of the following facts
5 and, if called and sworn as a witness, could and would competently testify thereto.
6 2. MSK is a preeminent mid-sized firm with approximately 125
7 attorneys and three offices (Los Angeles, New York, Washington, D.C.). As the
8 Chief Marketing and Financial Officer, one of my duties is to assist MSK
9 management in determining the rates MSK charges for its legal services. I do this,
10 in part, by researching the rates charged by competitor law firms. Among other
11 resources, I conduct comparative rate research using a database of attorney hourly
12 rate and fee information from the company Valeo Partners (the “Valeo Database”).
13 The Valeo Database was created by gathering attorney fee and rate information
14 from public court filings. It uses sophisticated software that scans public court
15 filings from across the United States (and around the world) for information on
16 fees and rates, and in this manner the Valeo Database is continuously updated.
17 Additionally, the Valeo Database maintains data about attorneys' positions,
18 experience, practice areas, and locations. These features make the Valeo Database
19 one of the most powerful tools for analyzing attorneys’ rates. The Valeo Database
20 gathers fees information from publicly filed motions, thus the data available
21 necessarily depends on what fees motions are actually filed, and there can be
22 outliers. However, in the aggregate, the data is robust, and I have found it to be an
23 excellent source.
24 2. I also review proprietary reports prepared by a Big Four accounting
25 and audit firm based on surveys of law firm with respect to the rates those firms
26 charge for partners, associates, and paralegals at varying levels of experience. The
27 reports can be prepared to focus on firms of a certain size and/or practice type.
Mitchell 28
Silberberg &
Knupp LLP
2
 Case 2:20-cv-00478-DMG-AS Document 72-2 Filed 02/26/21 Page 3 of 4 Page ID #:898

1 These reports, in combination with information from Valeo Database, provide a

2 comprehensive picture of rates charged by MSK’s competitor firms.
3 3. Another component of my job as Chief Marketing and Financial
4 Officer is to understand what law firms are MSK’s peers and competitors. This
5 enables MSK to position itself advantageously with regard to its rates, its attorney
6 compensation, and its recruitment. Thus, my job duties include keeping abreast of
7 law firm rankings, reading press coverage of other firms, and assessing how other
8 law firms are perceived in the National, Los Angeles, New York, and Washington,
9 D.C. markets that MSK primarily serves. MSK prides itself in providing higher
10 quality legal services for lower prices than its competitors, and I am charged with
11 making sure that is the case.
12 4. Based on my experience and role at MSK, the MSK attorneys
13 representing Defendants asked me to assist them in performing analyses of
14 comparable Los Angeles law firm rates in connection with this matter. I
15 performed my calculations using the Valeo Database, the proprietary reports, and
16 drawing on my knowledge of the Los Angeles market for legal services.
17 5. My objective was to determine the rates charged by comparable firms
18 for intellectual property litigators in Los Angeles. I reviewed partner and associate
19 rates in the relevant categories in Los Angeles in the Valeo Database. I also
20 reviewed propriety reports of the rates charged by MSK's competitor firms in the
21 Los Angeles market. This allowed me to calculate the range of rates charged by
22 partners and associates in Los Angeles in 2020.
23 6. Ms. Pagnanelli and Mr. Mayer, partners, and Mr. Carter, an associate,
24 logged the vast majority of time on this matter. As National Chair of MSK’s
25 Entertainment and Intellectual Property Litigation Group, Ms. Pagnanelli has
26 significant experience with litigation in the video game and entertainment industry,
27 including on matters of first impression. Her 2020 billing rate for Ubisoft was
Mitchell 28 $725. Mr. Mayer is a partner in MSK’s Entertainment and Intellectual Property
Silberberg &
Knupp LLP
3
 Case 2:20-cv-00478-DMG-AS Document 72-2 Filed 02/26/21 Page 4 of 4 Page ID #:899

1 Litigation Group, and has significant experience with litigation involving video
2 game " hacks" and "cheats," including violations of the Digital Millennium
3 Copyright Act and the Computer Fraud and Abuse Act. His 2020 billing rate for
4 Ubisoft was $725. Mr. Carter is an associate in MSK' s Entertainment and
5 Intellectual Property Litigation Group, and has experience in ltiigation involving
6 video games, including video game "hacks" and "cheats." His 2020 billing rate for
7 Ubisoft was $410. James Berkley, Senior Research Analyst at MSK, also assisted
8 on this matter. Mr. Berkley specializes in projects involving factual research,
9 discovery, and analysis for intellectual property and general litigation matters, and
10 has worked on numerous cases involving video games, including video game
11 "hacks" and "cheats." His 2020 billing rate for Ubisoft was $380.
12 7. Our rates, based on upon my review, are below the median and the
13 mean rates of law firms deemed as "competitive" to MSK.
14 8. Based upon my review of current legal rates in the Los Angeles legal
15 market, I believe that the foregoing rates are reasonable and competitive with
16 hourly rates usually charged by other similar firms in Los Angeles.
17
18 I declare under penalty of perjury under the laws of the United States of
19 America that the foregoing is true and correct.
20
21 Executed this ~ day of February, 2021, at 1h, e California.
22
~ '
23
24
25
26
27
Mitchell 28
Silberberg &
K nupp LLP
4