RUDMAN h ROBBINS WASHINGTON, DC - HOUSTON LLP...

LERACHCOUGHLINm STOIA

GELLERRUDMAN

h ROBBINS LLP

Shirley H . Huang

June 8, 2006

SAN DIEGO • SAN FRANCISCOLOS ANGELES • NEW YORK • BOCA RATO N

WASHINGTON, DC - HOUSTONPHILADELPHIA - SEATTLE

VIA EMAI L

The Honorable Edward M . ChenUS District CourtNorthern District of California450 Golden Gate Ave .Courtroom C, 15th FloorSan Francisco, CA 94102

Re : CV Therapeutics, Inc. Securities LitigationU.S. District Court, N .D . Cal ., Case No. C-03-3709-S I

Dear Honorable Judge Chen :

We are counsel for class representative David Crossen ("plaintiff") in the above-entitledmatter . On Friday, June 2, 2006, the parties appeared before the Honorable Susan Illston for acase management conference. Based on the parties' discussion with Judge Illston, plaintiffhereby submits this letter seeking this Court's guidance concerning additional documentsdefendants are withholding on purported privilege grounds .

As this Court is aware, plaintiff previously moved to compel the production ofdocuments defendants designated as privileged . See plaintiff's Motion to Compel Productionof Documents Designated as Privileged ("Privilege Motion"), filed on February 24, 2006 .Plaintiff's Privilege Motion was referred to this Court pursuant to Judge Illston's April 3, 2006Order, after Judge Illston held that defendants' privilege log was inadequate . On April 11,2006, this Court concurred with Judge Illston's finding and instructed defendants to serve andfile a revised privilege log concurrently with the withheld documents for an in camera review.That review is pending .

Thereafter, on April 14, 2006, defendants produced additional privilege logs toplaintiff, totaling over 5,600 entries . In plaintiff's view, the April 14, 2006 logs are deficientfor the same reasons that formed the basis for plaintiff's Privilege Motion . Specifically, theinformation in the latest logs mirrors the logs that Judge Illston and this Court found to beinadequate-which this Court directed defendants to revise .

Plaintiff requested defendants to revise their April 14, 2006 logs in accordance with thisCourt's April 11, 2006 Order . See Exs. A, C, and D. Defendants have refused, insisting thatplaintiff should provide information regarding each of the specific entries that plaintiffbelieves to be deficient . Moreover, defendants assert that they should wait to revise the April14, 2006 privilege logs after this Court rules on the previously revised logs . See Exs. B and E .Plaintiff's position is that defendants are wasting time and resources because there is not a

100 Pine Street , 26th Floor • San Francisco , CA 94111 • 415 .288 .4545 • Fax 415 .288.4534 • www.lerachlaw.com

LERACHCOUGHLIN

Nw STOIAGELLERRUDMANROBBINS LLP

Magistrate Judge Edward M . ChenJune 8, 200 6

single entry in the approximately 5,600 entries for which a document is described as solicitingor providing legal advice . Moreover, this Court's April 11, 2006 Order is clear on whatinformation defendants' logs must provide to justify their privilege assertions . Accordingly,defendants should not wait for the Court's decision on the pending in camera review beforethey revise their latest logs to comply with the Court's April 3, 2006 and April 11, 2006 Orders .

Attached hereto as Ex. F are exemplary pages from defendant Louis Lange's April 14,2006 privilege log . Alternatively, plaintiff can submit the entirety of defendants' April 14,2006 logs for this Court's consideration . Given the volume of the logs and entries at issue,however, plaintiff is mindful of the burden on this Court to undertake that review and, thus,will only submit defendants' entire logs with the Court's permission .

At the June 2, 2006 Case Management Conference, Judge Illston indicated that theseissues are appropriate for the parties to raise with this Court . Therefore, plaintiff respectfullyseeks the Court's guidance on the following :

1 . Whether defendants should revise their April 14, 2006 privilege logs, consistentwith this Court's April 11, 2006 Order;

2. Whether defendants should wait for this Court's decision on the pending incamera review, before they provide additional information consistent with this Court's April11, 2006 Order;

3. If and after defendants revise their April 14, 2006 logs, whether the partiesshould meet and confer for plaintiff to challenge the entries by categories, e .g. the eightcategories of privilege challenges previously briefed in plaintiff's Privilege Motion, ratherthanentry by entry; an d

4. If plaintiff can submit a motion compelling the production of the 5,600documents reflected on defendants' April 14, 2006 logs, based on the same eight categories ofprivilege challenges previously briefed in plaintiff's Privilege Motion .

40-

LERACHCOUGHLIN

W STOIAGELLERRUDMAN

ti, ROBBINS LL e

Magistrate Judge Edward M . ChenJune 8, 200 6

As defendants are still in the process of producing additional documents and privilegelogs, plaintiff respectfully seeks guidance from the Court as soon as practicable and suggests atelephonic conference to discuss these privilege-related issues .

Very truly yours,

Shirley H. HuangSHH :caw

cc: See attached service lis tT :\CasesSF\CV Thera peutics\Corres\CHEN6-6_SHH .doc

CERTIFICATE OF SERVIC E

I hereby certify that on June 8, 2006, I electronically filed the foregoing with the Cler k

of the Court using the CM/ECF system which will send notification of such filing to the e-mai l

addresses denoted on the attached Electronic Mail Notice List, and I hereby certify that I have

mailed the foregoing document or paper via the United States Postal Service to the non-

CM/ECF participants indicated on the attached Manual Notice List .

/s/ Shirley H. HuangSHIRLEY H . HUAN G

LERACH COUGHLIN STOIA GELLERRUDMAN & ROBBINS LL P

655 West Broadway, Suite 1900San Diego, CA 92101Telephone : 619/231-1058619/231-7423 (fax)E-mail : shirleyh @lerachlaw.com

Mailing Information for a Case 3:03-cv-03709-SI

Electronic Mail Notice List

The following are those who are currently on the list to receive e-mail notices for this case.

Elizabeth Aida [email protected] [email protected];[email protected]

Patrick J. [email protected] [email protected]

Paul H. [email protected]

Jeff D [email protected] [email protected]

Sean M. Handler, [email protected] [email protected]

Robert A. [email protected]

Michele D. [email protected] [email protected]

Reed R. [email protected] [email protected];[email protected]

William S. [email protected]

Kalama M. [email protected]

Jay L. [email protected]

Darren J. [email protected]

Peter Todd [email protected] [email protected]

John C. [email protected] [email protected]

Sylvia [email protected] [email protected];[email protected]

Manual Notice List

The following is the list of attorneys who are not on the list to receive e-mail notices for this case (who therefore

require manual noticing). You may wish to use your mouse to select and copy this list into your word processing program in order to create notices or labels for these recipients.

(No manual recipients)

Exhibit A

LERACH COUGHLIN

Sylvia W. Keller

May 11,2006

VIA FACSIMILE(6501463-26001

Kalama Lui-Kwan LATHAM & WATKINS LLP 135 Commonwealth Drive Menlo Park, CA 94025

Re: CV Therapeutics, Inc. Securities Litigation U.S. District Court, N.D. Cal., Case No. C-03-3709-51

Dear Mr. Lui-Kwan:

Iwrite regarding the voluminous privilege logs which defendants produced on April 14, 2006. We have been reviewing these voluminous logs. Although plaintiff's counsel has not completed this review, it is clear that the newly produced logs suffer from the same deficiencies that formed the basis of Plaintiff's February 24, 2006 Motion t o Compel Production o f Documents Designated as Privileged.

For example, nearly every document on the logs is withheld on the basis o f attorney-client privilege; however, not a single document described on the privilege logs entails the solicitation or issuing o f legal advice. Judge Illston, in her April 4, 2006 order, already held that such descriptions are insufficient t o support withholding documents on attorney-client privilege grounds. See Order at 16-17. Judge Chen's April 11, 2006 order confirmed this finding.

Similarly, a vast number o f documents on defendants' privilege logs were authored by a non-attorney and transmitted t o a number of individuals, including CVTherapeutics' general counsel. Again, as Judge lllston held i n her April 4, 2006 order, this does not support the application of the attorney-client privilege.

Given these glaring deficiencies, please inform plaintiff by Monday, April 15, 2006, whether defendants are revisingthese logs t o comport wi th the Court's April 4 and 11orders. Please contact me at your earliest convenience if you wish t o further discuss this matter.

494 Sylvia W. Keller

100 Pine Street. 26th Floor San Francisco, CA 94111 415.288.4545 Fax 415.288.4534 www.lerachlaw.com

4EB-

Exhibit B

Kalama M. Lul-Kwan 140 Scott Drive

Direct Dial: (650) 4634662 Menlo Park, California 94025

kalama.lui-kwan@lw com Tel: (650) 3284600 Fax. (650) 463-2600

w. IW.COm

FIRM IAFFlLlATE OFFICES

Brussels New York

Chicago Northem Virginia

Frankfurt Orange County

Hamburg Paris

May 15,2006 Hong Kong San Diego

London San Francisco

BY E-MAIL AND FACSIMILE Los Angeles Shanghai

Milan Silicon Valley

Moscow Singapore

Sylvia Wahba Keller, Esq. Munich ~ o k y o

Lerach Coughlin Stoia Geller Rudman & Robbins LLP New Jersey Washington. D c

100 Pine Street, 26th Floor File NO. 030031-0020 San Francisco, CA 941 1 1

Re: In re CV Therapeutics, Inc. Securities Litination, No. C-03-3709-SI (N.D. Cal.1

Dear Ms. Keller:

I write in response to your May 11,2006 letter. In your letter, you stated that plaintiff has not completed reviewing the privilege logs defendants produced on April 14, 2006. You also asked whether defendants would revise these logs before plaintiff completes his review.

As you know, defendants have produced more than 1.8 million pages of responsive non- privileged documents pursuant to one or more of plaintiffs 108 document requests. Given the tremendous volume of documents produced, it is no surprise there are, as you put it, "voluminous" privilege logs.

Defendants will consider whether particular privilege log entries should be revised after plaintiff provides information regarding each of the specific entries believed to be deficient as well as the basis for this belief. In addition, for efficiency's sake, any further revisions of defendants' privilege logs should be made only with the benefit of Judge Chen's anticipated decision on the applicability of the attorney-client privilege andfor work product doctrine to documents he is currently reviewing in camera. Please feel free to contact me if you have any questions.

Very truly yours, f

Kal . Lui-Kwan of LATHAM & WATKrNS LLP

Sylvia W. Keller

VIA FACSIMILE (6501463-26002

Kalama Lui-Kwan LATHAM & WATKINS LLP 135 Commonwealth Drive Menlo Park, CA 94025


Dear Kalama:

I write in response to your correspondence of May 15,2006 regarding the privilege logs defendants produced on April 14, 2006.

Defendants request "information regarding each of the specific entries believed to be deficient as well as the basis for this belief." As I mentioned in my May 11, 2006 correspondence, almost the en t i re ty of defendants' April 14, 2006 privilege logs containing more than 5,000 entries i s deficient for the exact reasons that formed the basis for plaintiff's February 24, 2006 Motion t o Compel. As I also mentioned in my May 11, 2006 correspondence, there i s not a single entry for which a document is described as soliciting or providing legal advice.

There are, however, numerous other glaring deficiencies. For example, document 1 in Carol Karp's Hard Drive log is described as "email string regarding Merlin meeting minutes." This document was drafted by Carol Karp and Aldabella Lee, neither of whom i s an attorney, and was sent t o more than 20 people, including the general counsel as a "cc" recipient. As Judge lllston held in her April 4, 2006 Order under identical circumstances, "aside from the fact that the general counsel was cc'ed on the email string, there is no information in the privilege log t o demonstrate with any reasonable certainty that the communication i s in fact privileged." April 14, 2006 Order at 17. Defendants' logs are replete with these deficiencies.

Similarly, and also by way of example, document 128 in Carol Karp's Hard Drive log is described as "email string regarding draft AHA abstracts." This document is authored by Carol Karp and Dmitry Kozhevnikov, neither of whom is an attorney, and was also sent t o more than 20 people, including the general counsel. Again, as Judge lllston held in her April 4, 2006 Order under identical circumstances, "the log does not contain any additional information t o establish that the communication was made in confidence in the course of seeking legal advice." April 14, 2006 Order at 16-1 7.

The nature of these numerous deficiencies, which are ident ica l to the deficiencies this Court already held t o be inadequate t o support defendants' assertion of privilege, militates in favor of finding that you have waived any claim of privilege. Pac. Gas & Elec. Co. v. United

Kalama Lui-Kwan May 26,2006 Page 2

States, No. 04-74C, 2006 U.S. Claims LEXlS 18, at *94 (Fed. Ct. Jan. 25,2006). It is not plaintiffs' burden to establish the existence of the privilege; it is defendants'. Burlington Northern & Santa Fe Ry. Co. v. Unitedstates Dist. Court, 408 F.3d 1142,1148 (9th Cir. 2005); Segerstrom v. United States, No. C 00-0833 S1,2001 U.S. Dist. LEXlS 2949, at **4-5 (N.D. Cal. Feb. 6, 2001). If defendants do not revise their privilege logs, plaintiff wil l be forced, yet again, t o seek Court intervention.

Very truly yours,

Sylvia W. Keller

Exhibit D

LERACH

SAN DIEGO. SAN FRANCISCO LOS ANGELES -NEWYORK BOCA RATON

WASHINGTON,DC - HOUSTON PHILADELPHIA- SEATTLE

Shirley H.Huang

May 26, 2006

VIA FACSlNllLE AND EMAIL

Peter T. Snow LATHAM & WATKINS 135 Commonwealth Drive Menlo Park, CA 94025

Kalama M. Lui-Kwan LATHAM & WATKINS 650 Town Center Drive, 20th Floor Costa IVlesa, CA 92626-1925


Dear Peter and Kalama,

As my colleague Jeff Friedman requested yesterday during our conference call, plaintiffs are requesting t he electronic version o f all privilege logs produced by defendants on April 14, 2006. M y understanding f rom Jeff is that you are still considering our request.

As w e informed you yesterday, and as you are already aware through my colleague Sylvia Wahba-Keller's May 11, 2006 correspondence, we are in the process o f reviewing defendant's logs and preparing a motion t o challenge some o f defendants' latest privilege designations. We believe that defendants are still making improper privilege designations, and tha t t he latest privilege logs are deficient for t he same reason highlighted in the Court's April 3, 2006 Order, admonishing that defendants' logs "do no t contain specific information that would support t he application of a privilege or protection t o particular documents." April 3, 2006 Order, a t 16. Given the volume o f the logs and the volume o f the improper entries a t issue, w e request tha t the privilege logs be made available t o us in electronic format t o better facilitate t he challenging process for the Court and the parties. As those logs already exist i n electronic format, w e would appreciate a prompt response t o our request.

Please feel free t o call me directly t o discuss the above matter.

Very truly yours,

T:\CasesSF\CV Therapeutics\Corres\SnowLui-5-26-06-SHH.doc

100 Pine Street, 26th Floor * San Francisco,CA 9411 1 415.288.4545 Fax 415.288.4534 www.lerachlaw.com

Exhibit E

Peter T. Snow 140 Scan Drive

Oireci Dial: (650) 463-3088 Menlo Park. California 94025

peter.snowOlw.com Tel: (650)328-4800 Fax: (650)463-2600

www.Iw.Com

FIRMIAFFILIATE OFFICES

Brussels New York

Chicago Northem Virginia

Frankfurt Orange County

Hamburg Paris

Hong Kong San Diego

London San Francisco

May 3 1,2006 Los Angeles Shanghai

Milan Silicon Valley

Moscow SingaporeVIA FACSIMILE AND EMAIL Munich Tokyo

New Jersey Washington. D.C.

Shirley H. Huang, Esq. File No 030031-0020

Lerach Coughlin Stoia Geller Rudman & Robbins LLP 100 Pine Street, 26th Floor San Francisco, CA 941 11

Re: In re CV Therapeutics, Inc. Securities Litigation. Case No. C-03-3709-SI

Dear Ms. Huang:

I am writing in response to your May 26,2006 letter and Sylvia Wahba Keller's May 26, 2006 letter, each of which regard the privilege logs that Defendants produced to Plaintiff on April 14,2006.

In your letter, you state that Defendants' privilege logs are deficient and that Plaintiff is "in the process of reviewing defendant's [sic] logs and preparing a motion to challenge some of defendants' latest privilege designations." Similarly, Ms. Keller's letter threatens to seek "Court intervention" if Defendants do not revise their privilege logs immediately.

Plaintiff's repeated threats to bring this matter before the Court are not productive and are, at best, extremely premature. To repeat, Defendants will consider whether particular privilege log entries should be revised after Plaintiff provides information regarding the specific entries believed to be deficient, as well as the basis for any such belief. To date, Plaintiff has not provided this information.

Instead, Plaintiff broadly asserts that "almost the entirety" of Defendants' April 14,2006 privilege logs is deficient "for the exact reasons that formed the basis for plaintiffs February 24, 2006 Motion to Compel.'' (See Ms. Keller's May 26,2006 Letter.) As you know, the Court referred the 338 documents in dispute in Plaintiff's Motion to Compel to Magistrate Judge Edward M. Chen for in camera review. Judge Chen's April 11,2006 Order Re: In Camera Review explicitly states that his review will include an evaluation of the sufficiency of Defendants' revised privilege logs. Thus, if the same issues addressed in Plaintiffs Motion to Compel truly are raised by Defendants' April 14,2006 privilege logs (which Plaintiff has not shown), it would be an inefficient use of the parties' time and resources to meet and confer regardng those logs without the benefit of Judge Chen's decision. Plaintiffs demand that Defendants immediately revise their April 14,2006 privilege logs, before Judge Chen rules on the sufficiency of Defendants' previously revised privilege logs, is even more unreasonable.

Shlrley H. Huang, E8q. May 31.20W Paw 2

L A T H A M ~ ~ W A T K I N S L I F

In your letter, you also ask Defendants to provide Plaintiff copies of their April 14, 2006 privilege logs in electronic format. Defendants have no obligation to produce their privilege logs to Plaintiff in this manner. Defendants also object to Plaintiff's request because, among other reasons, the production of Defendants' privilege logs in electronic format could result in the inadvertent disclosure of attorney work product. Further, Plaintiff has not identified any substantial and compelling need for the production of Defendants' privilege logs in electronic format. Plaintiffs assertion that Plaintiff would like the privilege logs "to better facilitate the challenging process" does not adequately explain how Plaintiff intends to use them. Moreover, as stated above, Defendants strongly believe that any formal "challenging" of Defendants' April 14, 2006 privilege logs would be premature at this time.

Finally, you incorrectly addressed your May 26,2006 letter to our Silicon Valley office's previous address. Since May 1,2006,our Silicon Valley office has been located at 140 Scott Drive, Menlo Park, California 94025. In addition, you incorrectly addressed your letter to Kalama Lui-Kwan to our Orange County office. Mr. Lui-Kwan works in our Silicon Valley office. Please address all future correspondence accordingly.

Truly yours,

Peter T. Snow of LATHAM & WATKWS LLP

cc: Jeffrey D. Friedman, Esq.

Exhibit F

--

Log Number

1 .

2.

3.

4.

5 .

# of Pages

3 pages

2 pages

Identity and Position of Author(s)

Barbara McNeil (Board of Directors Member)

Tricia Suvari (VP, General Counsel & Assistant Corporate Secretary) and Dan Spiegelman (CFO)

2 pages Dan Spiegelman (CFO)

Dan Sp~egelman (CFO)

Tricia Suvari (VP, General Counsel & Assistant Corporate Secretary) and Robert Brady (Attorney, Hogan & Hartson LLP)

In re CV Tizerapeutics, Inc. Securities Litization

Defendants' Privilege Log of Email Documents Lou Lange

Backup Tape: 12/28/2003

Identity and Position of Recipient(s) Identity and Position of CC(s)

Lou Lange (CEO), Dan Spiegelman (CFO)

Dan Spiegelman (CFO), Lou Lange (CEO), Dan Spiegelman (CFO), Tricia Suvari (VP, General Counsel &Assistant Corporate Costa Sevastopoulos (Board of Directors member)^ (Board of Directors Secretary), Lou Lange (CEO), Dan Spiegelman (CFO), Membcr)and Scott Greer (Board of Directors Member) Doug Sheehy (Sr. Corporate Counsel), Chris Chai

(Treasurer & Executive Director, lnvestor Relations) and Steve Grana (Corporate Controller & Executive Director, Finance)

Costa Sevastopoulos (Board of Directors member)^ (Board of Directors Lou Lange (CEO), Dan Spiegelman (CFO), Tricia Suvari Member)and Scott Greer (Board of Directors Member) (VP, General Counsel & Assistant Corporate Secretary),

Doug Sheehy (Sr. Corporate Counsel), Chris Chai (Treasurer & Executive Director, Investor Relations) and Steve Grana (Corporate Controller & Executive Director, Finance)a (Corporate Controller & Executive Director, Finance)

Costa Sevastopoulos (Board of Directors Membcr)~ (Board of Directors Lou Lange (CEO), Dan Spiegelman (CFO), Tricia Suvari Member)and Scott Greer (Board of Directors Member) (VP, General Counsel & Assistant Corporate Secretary),

Doug Sheehy (Sr. Corporate Counsel), Chris Chai (Treasurer & Executive Director; Investor Relations) and Steve Grana (Corporate Controller & Executive Director, Finance)a (Corporate Controller & Executive Director, Finance)

Lou Lange (CEO), Dan Spiegelman (CFO) and Tricia Suvari (VP, Tricia Suvari (VP, General Counsel & Assistant Corporate General Counsel & Assistant Corporate Secretary) Secretary

Subject or Description

Email regarding draft letter to FDA

Email string regarding Acqua Wellington credit line

Email string regarding Acqua Wellington credit line

--

Basis of Privilege

Redacted (YesINo)

Email regarding Acqua Wellington credit line

Ernail string regarding CRDAC meeting

Case 3:03-cv-03709-SI Document 317 Filed 06/08/2006 Page 14 of 20

In re CV Therapeutics, Znc. Securities Litigation



Pages Identity and Position of Author(s)

I Identity and Position of Recipient(s) Identity and Position of CC(s)

2 pages Andrew .Wolf (Former Sr. VP, Clinical Research &

John Bluth (ST. Director, Corporate Communications), Luiz Belardinelli (Sr. VP, Pharmacology),

David McCaleb; Lous Lange (CEO); Andrew Wolf (Fonner ST. VP, Clinical Research & Development)

Development)

Dan Spiegelman (CFO)

Lou Lange (CEO), Dan Spiegelman (CFO) Chris Chai (Treasurer & Executive Director, Investor Relations) and Tricia Suvari (VP, General Counsel & Assistant Corporate Secretary)

1 page 1210712003 Brian Shew (VP, lnformation Management)

All CVT

1 I page 1 2/05/2003 Carol Karp (VP Regulatory Affairs)

Louis Lange (CEO); Tricia Suvari (VP, General Counsel & Assistant Corporate Secretary); Dan Speigelman (CFO)


for Opinion Leaders

Email regarding Acqua Wellington credit line

Email regarding Tricia Suvari (VP, General Counsel & Assistant Corporate Secretary) message on CVT trading blackout

Email regarding the FDA Advisory Committee Pre~arations

Basis of Privilege

AIC; WIP

A/C

AIC

A/C

Redacted (YesNo)

No

No

No

No


- - -

In re CV Therapeutics, Inc. Securities Litigation



Log # of ldentity and Number Pages Position of

Author(s) -

10. 4 pages Carol Karp (VP, Regulatory Affairs)

ldentity and Position of Recipient(s)

Luiz Belardinelli (Sr. VP, Pharmacology), Brent Blackburn (Sr. VP, Pre- Clinical Development), John Bluth (Sr. Director, Corporate Communications), Michael Burdick (Sr. Director, Regulatory Affairs), Chris Chai (Treasurer & Executive Director, Investor Relations), Michael Crager (Sr. Director, Biostatistics), Margaret Dillon (Sr. Director, Regulatory Affairs), Heather Fraser (Scientist. Pharmacological Sciences), Colin Hislop (Former VP, Clinical Research), I-Zu Huang (Director, Clinical Research), Markus Jerling (Consultant, Clinical Research), Carol Karp (VP, Regulatory Affairs), Donna Kato (Consultant, Regulatory Affairs), Mae Lai (Sr. Manager, Regulatory Affairs), Lou Lange (CEO), Dan Spiegelman (CFO), Kwan Leung (Sr. Director, Pre-Clinical Development), Diane Liguori (VP, HR), David McCaleb (Sr. VP, Sales & Marketing), Scott Moren (Sr. Manager, Professional Services), Ewa Prokopczuk (Director, Clinical Research), Sandy Skettino (MD, Clinical Research), Dan Spiegelman (CFO), Peter Strumph (VP, Clinical Operations), Tricia Suvari (VP, General Counsel & Assistant Corporate Secretary, Michael Sweeney (VP, Medical Affairs), Whedy Wang (Executive Director, Biometrics)and Andy Wolff (Former Sr. VP, Clinical Research & Develo~ment)

ldentity and Position of CC(s) Subject o r Description Basis of Privilege

Redacted

(Yes/No)

Email regarding agenda and questions for CRDAC meeting


--

Log Number

I I .

12.

13.

# of Pages

4 pages

2 pages

ldentity and Position of Author(s)

Jennifer Hodge (Associate Director. Project Managemen t), Stephanie Sassman (Admin~strative Assistant, Operations); and Lorenz Muller (Execut~ve Director, Marketing)

Michael Sweeney (VP, Medical Affairs), Judy Horn (Consultant, Medical Affairs) and Jeremy Ruskin (Ranolazine Consultant)

Lorenz Muller (Executive Director, Marketing)

In re CV T/zerapeutics, Znc. Securities Litigation



ldentity and Position of Recipient(s) I Stephanie Sassman (Administrative Assistant. Operations), Carn Gallagher (Fonner Director of Marketing), Nora Jang (Former RN, Medical Affairs), Eileen Kawas (BioOps Consultant, Sales and Marketing Operations), Gayathri Koundinya (Sr. Manager, Commercialization), Aldabella Lee (Former Ranexa Project Manager), Adrienne MacMillan (Sr. Director, Finance & Controller), Cynthia Mason (Senior Manager, Pharmaceutical Packaging), Sandhya Mohan (Assistant Director, Quality Assurance), Scott Moren (Sr. Manager, Professional Services), , Marc Osterhaus (Sr. Manager, Manufacturing & Operations, cornlnunicated wl FDA regarding CMC portion of the NDA), Sonia Pelkowski (Product Manager, Marketing), Brian Shew (VP, lnfonnation Management), Lewis Stuart (VP, Sales), Tricia Suvari (VP, General Counsel & Assistant Corporate Secretary), Al Swarts (BioOps Consultant) and Michael Sweeney (VP, Medical Affairs)

Dan Spiegelman (CFO), Lou Lange (CEO), Dan Spiegelman (CFO), Andy Wolff (Former Sr. VP, Clinical Research & Development), Michael Sweeney (VP, Medical Affairs), Judy Horn (Consultant, Medical Affairs); Carol Karp (VP, Regulatory Affairs), Lou Lange (CEO), Dan Spiegel~nan (CFO), Tricia Suvari (VP, General Counsel & Assistant Corporate Secretary) and Andy Wolff (Former Sr. VP, Clinical Research & Development)

Andy Wolff (Former Sr. VP, Clinical Research & Development), David McCaleb (Sr. VP, Sales & Marketing), Lou Lange (CEO), Dan Spiegelman (CFO), John Bluth (Sr. Director, Corporate Communications), Michael Sweeney (VP, Medical Affairs), Chris Chai (Treasurer & Executive Director, Investor Relations) and Dan Spiegelman (CFO)

Identity and Position of CC(s)

Lou Lange (CEO), Dan Spiegelman (CFO), Luiz Belardinelli (Sr. VP, Pharmacology), Brent Blackburn (Sr. VP, Pre-Clinical Development), Greg Barlow (Associate Director, Sales Operations), C. Davis., Sam George (Medical Affairs, Director), Wendy Edwards (Director, MSL), Laura Elliott (Executive Assistant), Kathryn Innes (Administrative Assistant,) HR Carol Karp (VP, Regulatory Affairs), Matt Krause (Internal Account Manager), Diane Liguori (VP, HR), David McCaleb (Sr. VP, Sales & Marketing), Susan McClanahan (Former Business Manager, Drug Research), Jessica Mears (CVT), Kimberly Nelson (Administrative Assistant, Legal), Ram Nyshadharn (Sr. Director, Pharmaceutical Development), Lora Pada (AA Marketing, Phone Relief), Sylvia Pullos (Administrative Assistant, Quality Assurance), Victoria Soares (Administrative Assistant, MSL Phone Relief), Doug Sheehy (Sr. Corporate Counsel), Peter Stru~nph (VP, Clinical Operations) Socorro Tril (IM Coordinator), Jon Wallace (VP, Quality Assurance), Jennifer Watson (Sr. Manager, Scientific Marketing) and Andy Wolff (Former Sr. VP. Clinical Research & Develo~ment)

Peter Kowey (MD, QTc Consultant), Jeremy Ruskin (Ranolazine Consultant), Dan Roden (CVT Consultant) and Craig Pratt (MD, CVT Consultant)

Jennifer Watson (Sr. Manager, Scientific Marketing), Sarn George (Medical Affairs, Director), Sandy Skettino (MD, Clinical Research), Whedy Wang (Executive Director, Biometries), Carol Karp (VP, Regulatory Affairs) and Tricia Suvari (VP, General Counsel & Assistant Corporate Secretary

Basis of Subject o r Description

Privilege

Launch Team minutes for 11118103

Ernail string regarding journal editorial on angina

Email regarding draft journal editorial on Ranolazine

1


In re CV Therapeutics, Inc. Securities Litigation



Log Number

# of Pages


1 pages Jeremy Ruskin (Ranolazine Consultant)

2 pages Peter Kowey (MD, QTc Consultant), Andy Wolff (Fonner Sr. VP, Clinical Research & Development) and Michael Sweeney (VP, Medical Affairs)

3 pages Carol Karp (VP, Regulatory Affairs), Chris Chai (Treasurer & Executive Director, Investor Relations) and Thomas Wei (Analyst, U.S. Bancorp Piper Jaffiey)

16 pages Chris Chai (Treasurer & Executive Director, Investor Relations) and Thomas Wei (Analyst, U.S. Bancorp Piper Jaffiey)

Identity and Position of Recipient(s)

Michael Sweeney (VP, Medical Affairs), Carol Karp (VP, Regulatory Affairs), Lou Lange (CEO), Dan Spiegelman (CFO), Tricia Suvari (VP General Counsel & Assistant Corporate Secretary) and Andy Wolff (Fonner Sr. VP, Clinical Research & Development)

Andy Wolff (Former Sr. VP, Clinical Research & Development), Jeremy Ruskin (Ranolazine Consultant), Dan Roden (CVT Consultant), Craig Pratt (MD, CVT Consultant), Brent Blackbum (Sr. VP, Pre-Clinical Development), Lou Lange (CEO), Dan Spiegelman (CFO) and Luiz Belardinelli (Sr. VP. Pharmacology)

Chris Chai (Treasurer & Executive Director, Investor Relations), Lou Lange (CEO), Dan Spiegelman (CFO), Dan Spiegelman (CFO), John Bluth (Sr. Director, Corporate Communications), Andrea Huch (Associate, Investor Relations), Tricia Suvari (VP, General Counsel & Assistant Corporate Secretary) and Carol Karp (VP, Regulatory Affairs)

Lou Lange (CEO), Dan Spiegelman (CFO), Dan Spiegelman (CFO), John Bluth (Sr. Director, Corporate Communications), Andrea Huch (Associate, Investor Relations), Carol Karp (VP, Regulatory Affairs)and Tricia Suvari (VP, General Counsel & Assistant Corporate Secretary)

Identity and Position of CC(s) Subject or Description Basis of Privilege

Peter Kowey (MD, QTc Consultant), Jeremy Ruskin (Ranolazine Consultant), Dan Roden (CVT Consultant) and Craig Pratt (MD, CVT Consultant)

editorial on anglna

Michael Sweeney (VP, Medical Affairs), Carol Karp (VP, Regulatory Affairs), Lou Lange (CEO), Dan Spiegelman (CFO), Tricia Suvari (VP. General Counsel & Assistant Corporate Secretary) and Andy Wolff (Former Sr. VP, Clinical Research & Development)

slides for CRDAC presentation

A l c

Andy Wolff (Fonner Sr. VP. Clinical Research & Development), Michael Burdick (Sr. Director, Regulatory Affairs), Margaret Dillon (Sr. Director, Regulatory Affairs), Dawn Parsell (Consultant, Regulatory Affairs), Donna Kato (Consultant, Regulatory Affairs) and Carol Karp (VP, Regulatory Affairs)

A l c

Email string regarding FDA approval timeline

Alc


--

Log Number

# of Pages

ldentity and Position of Author(s)

-- -

2 pages Tom Gutshall (Board of Directors Member) and Lou Lange (CE0)s

136 pages Tricia Suvari (VP, General Counsel & Assistant Corporate Secretarv)

4 pages 61 1812003 Chris Chai (Treasurer & Executive Director, Investor Relations) and Bruce Wu

4 pages Tricia Suvari (VP, General Counsel & Assistant Corporate Secretary) and Aldabella Lee (Former Ranexa Project Manager)

112 re CV Tlzerapeutics, Znc. Securities Litigation



Identity and Position of Recipient(s)

Lou Lange (CEO), Santo Costa (Board of D~rectors Member), Scott Greer (Board of Directors Member), John Groom (Board of Directors Member), Tom Gutshall (Board of Directors Me~nbel-), Peter Hutt (Board of Directors Member) (Board of D~rectors Member), Barbara McNeil (Board of Directors Member), Ken Lee (Board of Directors Member) and Costa Sevastopoulos (Board of Directors Member)

Lou Lange (CEO), Chris Chai (Treasurer & Executive Director, Investor Relations), Doug Sheehy (Sr. Corporate Counsel) and Dan Spiegelman (CFO)

Tricia Suvan (VP, General Counsel & Assistant Corporate Secretary), Jon Wallace (VP, Quality Assurance), Peter Strumph (VP, Clinical Operations), Carol Karp (VP, Regulatory Affairs), A1 Swarts (Consultant, BioOps), Dan Spiegelman (CFO), Steve Grana (Corporate Controller & Executive Director, Finance), Lewis Stuart (VP, Sales), David McCaleb (Sr. VP, Sales & Marketing), Ginnie Gruendel (Former Director of HR) and Diane Liguori (VP, HR)

Lou Lange (CEO), Tricia Suvari (VP, General Counsel & Assistant Corporate Secretary), Doug Sheehy (Sr. Corporate Counsel), Laura Elliott (Executive Assistant), Chris Chai (Treasurer & Executive Director, Investor Relations) and Dan Spiegelman (CFO)


Secretary)

Alan Mendelson (Attorney, Latham & Watkins LLP)

Mark Simon, Kara Maher, Tyler Dickson

Stephanie Sassman (Administrative Assistant, Operations)


option tender offer information

Email string regarding Biotech Converts

Email string regarding Board of Directors meeting

Email string regarding Commercial Compliance Committee

Basis of PriviIege

Redacted (Yesh'o)


In re CV Tlzerapeutics, Inc. Securities Litigation



Log # of Number Pages

766. 2 pages


Tricia Suvari (VP, General Counsel & Assistant Corporate Secretary) and Stephanie Sassman (Administrative Assistant, Operations)

I Identity and Position of Recipient(s)

Stephanie Sassman (Administrati\,e Assistant. Operations), John Bluth (Sr. Director, Corporate Communications), Cam Gallagher (Fornier Director of ~ a r k e t i n ~ ) , Jennifer Flodge (Associate Director. Project Management), Nora Jang (Former RN. Medical Affairs), Eileen Kawas (BioOps Consultant, Sales and Marketing Operations), Gayathri Koudiny (Sr. Manager, Commercialization), Cynthia Mason (Senior Manager, Pharmaceutical Packaging), Scott Moren (Sr. Manager, Professional Services), Lorenz Muller (Executive Director, Marketing), Sonia Pelkowski (Product Manager, Marketing), Lewis Stuart (VP, Sales), Al Swarts (Consultant, BioOps), Aldabella Lee (Fonner Ranexa Project Manager)


Luiz Belardinelli (Sr. VP, Pharmacology), Brent Blackbum (Sr. VP, Pre-Clinical Development), Michael Chang (Executive Director, Project & Portforlio Management), Chris Wenisch (BioOps Consultant. Sales and Marketing Operations), Wendy Edwards (Director, MSL), Laura Elliott (Executive Assistant), Sam George (Director, Medical Affairs), Rina Hui, Carol Karp (VP, Regulatory Affairs), Lou Lange (CEO), Adrienne MacMillan (Sr. Director, Finance & Controller), David McCaleb (Sr. VP, Sales & Marketing), Susan McClanahan (Former Business Manager, Drug Research), Jessica Mears (Administrative Assistant to Brent Blackbum, Pre-Clinical Development), Ram Nyshadham (Sr. Director, Pharmaceutical Development), Lora Pada (AA Marketing, Phone Relief), Lourdes, Paugh, Dan Spiegelman (CFO), Peter Strumph (VP, Clinical Operations), Socorro Tril (IM Coordinator), Jon Wallace (VP, Quality Assurance), Chris Wenisch (BioOps Consultant, Sales and Marketing Operations), Andy Wolff (Former Sr. VP, Clinical Research & Development), Marc Osterhaus (Sr. Manager, Manufacturing & Operations, Sandhya Mohan (Assistant Director, Quality Assurance), Diane Liguori (VP, HR), Sam George (Director, Medical Affairs), Ram Nyshadharn (Sr. Director, Pharmaceutical Development), Victoria Soares (Administrative Assistant, MSL Phone Relief), Sylvia Pullos (Administrative Assistant, Quality Assurance), Doug Sheehy (Sr. Corporate Counsel), Steve Grana (Corporate Controller & Executive Director, Finance), Mary Henderson (HR Director), Ginnie Gruendel (Fonner Director of HR), Kathryn lnnes (Administrative Assistant, HR), Matt Krause (Internal Account Manager) and Tricia Suvari (VP, General Counsel & Assistant Corporate Secretary)

Subject or Description Basis of

Privilege Redacted

(Yes/No)

Email string regarding N C No

Launch Team Meeting Minutes

L


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