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EAST MONROE STREET ~ SUITE 4200

SEYFARTH
55
CHICAGO, ILLINOIS 60503-5803

A T TOR N E Y S SHAW AREA CODe (312) 346-8000


fEDERAL 10 36-2152202

ATLANTA
BOSTON
CHICAGO
HOUSTON
LOS ANGELES
NEW YORK
SACRAMENTO
SAN FRANCISCO
WASHINGTON, D.C.
BRUSSELS

August 2002

Invoice No. 810467


142533569/33569-000001
S2

E. Scripts MD, L.L.c.


2000 Powers Feny Road
Suite 405
Marietta, GA 30067

For legal services rendered through the month of July 2002

General Corporate

Date Attorney Hours Value Description


06110/02 J. Cunningham 3.30 627.00 Conference with D. Traub at VWN offices.
Receive assignments: state tax research; analysis
of Strategies, Inc.; organization ofPorta Scripts,
LLC and Stoufflet Consultants, Inc. minute
books.
06111102 J. Cunningham 3.40 646.00 Revise and return to D. Traub memorandum to
VWN principals. Review Strategies, Inc.
materials for advice.
06112/02 J. Cunningham .80 152.00 Conference with D. Traub regarding E-Scripts
MD, LLC 401(k) plan; forward same to F.
Singerman for commentTelephone conferences
with F. Singerman and A. Bolling regarding
same.
06114/02 J. Cunningham 8.60 1,634.00 Review Strategies, Inc. materials and United
Parcel Service v. United States case. Prepare and
deliver to D. Traub memorandum regarding
Strategies, Inc. Product (7.5). Prepare and
supervise A. Clavell in organization of Traub &
Associates, LLC. (1.1).
06117/02 J. Cunningham 4.50 855.00 Revise filed documents for Traub & Associates,
LLC. Research state sales tax requirements for
prescription pharmaceutical sales, and income tax
filing requirements from same activities.

BILLS ,0.11.£ DUE AND P'AY"'-BLE uroN RECElrT


TillS STATE~IENT POES NOT INeLunl: [It'ENS&S NOT ytT RECEIVED BY THIS OFFICE
WHICH MICHl HAVE BEEN INCURRED DURING THE PERIOD COVERED BY TillS BILLING
SEYFARTH Invoice No. 810467
SHAW
ATTORNEYS
1425/33569
Page 2
E. Scripts MD, L.L.c.

Date Attorney Hours Value Description


06/18/02 A. Clavell 3.70 425.50 Telephone call from Jeff Cunningham regarding
how to prepare a trade name and telephone call to
Mr. Traub regarding same, telephone call from
Mr. Traub; trade name research; check database
regarding tradename forms for Mr. Traub,
prepare specimen trade name application and
letter to the Clerk of Cobb County Superior Court
and telephone call to Cobb County Superior
Court regarding applicable filing fees; meeting
wi.th· Mr. Cunningham, prepare name reservation
for Traub & Associates, LLC and prepare new
minute books for Traub & Associates, LLC,
Porta Scripts, L.L.C. and new minute book and
minute book organization for Stouffiet
Consultants, Inc., prepare letter to the Secretary
of State of Georgia, receipt of e-mail from the
Secretary of State of Georgia approving name
reservation, preparation of Secretary of State
Transmittal Information form, prepare Articles of
Organization and payment receipt, telephone call
to courier and e-mail to Mr. Traub forwarding the
bank consent; e-mail from Mr. Traub, facsimile
to Mr. Traub enclosing certified Articles or
Organization;prepare annual registration
06/21/02 J. Cunningham 2.80 532.00 Review Trust documents prepared by M.
Hoffman and delivered to C. Stouffiet. Research
Georgia Trust Law for effect of Trust documents.
Prepare memorandum describing effects and
deliver to C. Stouffiet, D. Traub.
06/24/02 A. Clavell 5.40 621.00 Review of Stoufl]et minute book, prepare
subscription agreements and share certificates for
Messrs. Riggins, Soberl, and Stoufl]et, prepare
directors and shareholders consents approving
Amended and Restated Articles of Incorporation,
prepare Amended and Restated Articles of
Incorporation, prepare directors and shareholders
consent approving Amended and Restated
Bylaws, prepare Amended and Restated Bylaws,
prepare and amend organizational consent,
amend share certificates to add signature line for
the Secretary
06/26/02 A. Clavell .50 57.50 Prepare annual registration for Porta Scripts,
L.L.c., prepare tabs for minute books (Porta
Scripts, L.L.C. and Traub & Associates, LLC)
SEYFARTH Invoice No. 810467
ATTORNEYS
SHAW 1425/33569
Page 3
E. Scripts MD, L.L.C.

Date Attorney Hours Value Description


06/28/02 J. Cunningham 3.00 570.00 Review Strategies, Inc. insurance plan and advise
D. Traub regarding efficacy.
07/02102 J. Cwmingham 1.50 285.00 Review tax provisions of and prepare
memorandum regarding insurance trust proposal
of SFI Strategies, Inc. based on opinion of
Richards, Faux, Riley and Farr.
07/03/02 J. Cunningham 2.10 399.00 Prepare for delivery to D. Traub and C. Stoufflet
memorandum addressing SFI Strategies
Insurance Trust proposal. Deliver memof1lPdurn
and other documents to Traub & Associates
offices.Conference call with C. Stoufflet, D.
Traub regarding personal trusts.
07/09/02 J. Cunningham 5.70 1,083.00 Prepare memorandum on sales tax on
pharmaceuticals in Alabama, California,
Maryland, Mississippi, New Jersey, North
Carolina, and South Carolina. Telephone
conference with M. Hoffman regarding trusts
prepared for C. Stoufflet and E. Riggins at
request ofT. Sobert. Summarize Hoffinan
conference for D. Traub.
07111/02 J. Cunningham 3.50 665.00 Prepare for conference with D. TraUb, C.
Stoumet, T. Sobert at offices ofD. Traub. Travel
and attend conference with D. Traub, C.
Stoumet, T. Sobert.
07/12102 J. Cunningham 2.30 437.00 Prepare for delivery to D. Traub memorandum on
certain provisions of Operating Agreement of E
Scripts, MD, LLC.
07115/02 J. Cunningham 1.20 228.00 Review, revise and deliver to D. Traub and C.
Stoumet memorandum regarding decisions to be
made prior to preparation of LLC Operating
Agreement.
07/23/02 J. Cunningham 5.80 1,102.00 Office visit - M. D. Traub - to receive instruction
for handling matters during M. D. Traub's
vacation. Conference with C. Stoufflet regarding
matters to be covered dwing M.D. Traub's
vacation. Conference with C. Stoufflet regarding
provision of patient contact information to
FenIPhen?Redux plaintiffs group.
07/25/02 J. Cunningham 6.40 1,216.00 Prepare admission, organization, and transfer
documents for E-Scripts subsidiary or affiliated
entities to implement new structure.
SEYFARTH
ATTORNEYS SMW Invoice No. 810467
1425133569
Page 4
E. Scripts MD,. L.L.C.

Attorney Hours Value Description


07129/02 J. Cunningham 5.90 1,121.00 At office ofD. Traub: Respond to notices, file
correspondence, conferences with C. Stouftlet, T.
Sobert, E. Riggins regarding structure,
operations, status of ongoing matters.
07/30/02 J. Cunningham 4.30 817.00 Confer with R. White regarding messages and
mail. Prepare suggested revisions to structure for
simplification. Prepare documentation for
intercompany purchase and sale of assets.
07/31/02 . J. Cunningham 2.30 437.00 Telephone conference with T. Sobert regarding
business investment opportunity (real property
for foreclosure). Travel to office ofD. Traub
with sample documents for transaction.
Conference with R. Gibson regarding transaction
structure. Conference with T. Sobert regarding
transaction and structure.

Total Hours 77.00

Total Fees $13,910.00


- SEYFARTHSHAW
A T TOR N E Y s
55 EAST MONROE STREET - SUITE 4200
CHICAGO, ILLINOIS 60603~S803
AREA CODE (3il) 346-8000
FEDERAL ID 36-2152202

ATLANTA
BOSTON
CHICAGO
HOUSTON
LOS ANGELES
NEW YORK
SACRAMENTO
SAN FRANCISCO
WASHINGTON, D.C-
BRUSSELS

November 2002

Invoice No. 826794


1425 33569/33569-000001
S2

E. Scripts MD, L.L.c.


2000 Powers Ferry Road
Suite 2-4
Marietta, GA 30067

For legal services rendered through the month of October 2002

General Corporate

Date Attorney Hours Value Description


08/01/02 R. Trusty .20 53.00 COIi.ference with J. Cunningham regarding
foreclosure procedure, issues.
08/01/02 J. Cunningham 7.00 1,330.00 Work from e-Scripts offices. Assist T. Sobert
with investment in real estate foreclosure
venture. Prepare documentation for same.
Review correspondence and file or respond as
appropriate. Prepare and deliver response to
Georgia Department of Labor appealing its
decision regarding Thorn Gray. Conference with
E. Riggins and T. Sobert regarding call center
operations and propriety of conducting live
training using refill only patients. Contact Arent
Fox regarding same.
08/02/02 J. Cunningham 5.80 1,102.00 Respond via e-mail to Nevada Board of
Pharmacy cease and desist demand. Prepare
transactional and transfer documentation for e-
Scripts change of organizational structure.
08/05102 J. Cunningham 4.80 912.00 Prepare for T. Sobert revised agreement with
Media Jelly for certain consulting services.
Prepare for R. Sobert letters to RIll and Office
Mates 5 regarding replacement employee policy
for permanent placement finder's fees and
payment of invoiced amounts.

BILLS ARI: DUE AND '4YABl.E lIrON II.ECEIrT


THIS STATEMENT DOES NOT INCLUDE EXrEf'UES NOT V£T RECEI\'ED BY THIS OFFICE
WIIICIl MICHT itA"!: 8E£N INCUIUl,ED DURINe THE ,ERIOD COVERED BY THIS BILLINC
JEYFARTH Invoice No. 826794
ATTORNEYS
SHAW 1425/33569
Page 2
E. Scripts MD, L.L.C.

Date Attorney Hours Value Description


08/06102 J. Cunningham 1.60 304.00 Confer with A. Shuren ofArent Fox regarding
scheduling conference call for call center setup.
Confer with C. Stoufflet regarding structure of
reorganization, and which company will employ
E-scripts Members.
08/07/02 J. Cunningham 6.50 1,235.00 Work from client offices. Finalize transaction
document forms. Confer with C. Stoufflet and T.
Sobert regarding information required for
reorganization transaction documents: assets to
be transferred, contracts, licenses, agreements to
be transferred, authorizations to obtain,
employees to transfer, etc.; confer with J. Davis
regarding scheduled depositions.
08/08/02 J. Cunningham .30 57.00 Deliver revised Media Jelly agreement to C.
Lopresti per T. Sobert.
08/09/02 J. Cunningham 2.60 494.00 Conference call with Arent Fox attorneys at E-
Scripts location. Receive from D. Traub
responses and comments regarding upcoming
scheduled depositions; forward or paraphrase
same for T. Sobert and C. Stoufflet.
08/12102 J. Cunningham 2.30 437.00 Work from client offices. Conference with C.
Stoufflet regarding structure and items needed
following Arent Fox conference call. Review
Discount Nutrition Lease Agreement for K.
Bowen at request of C. Stoufflet.
08/14/02 J. Cunningham 3.10 589.00 Work from client offices. Conference with K.
Bowen regarding Discount Nutrition franchise at
request of C. Stoufflet.
08/15/02 J. Cunningham .30 57.00 Review and suggest revisions for response to Mr.
Archer regarding wife's purchases via website.
08/19/02 J. Cunningham 1.20 228.00 Prepare Flow of Funds and Goods Chart for C.
Stoufflet. Locate and deliver to D. Traub state
surveys of internet medical law prepared by
Arent Fox.
08/26/02 J. Cunningham 1.40 266.00 ModifY and revise letter to P&B Construction
regarding investment by T. Sobert. Assist D.
Traub in preparation of statement for press.
10/17/02 J. Cunningham 1.40 266.00 Revise and deliver to D. Traub Operating
Agreement of e-Scripts.md, LLC. Incorporate
power of Manager to terminate employment of
Officer. .Prepare and deliver to D. Traub for
review Asset Purchase Agreement for
myemd.com from e-Scripts.md, LLC.
-------- - - - -

JAN-15-2003 14:29 .PATRICK STOCKTON-COLON 404 541 6800 P.07


<
-==dILPATRICK STOCKTON LLP
P/4!4S~ remU pay".~tlts 10:

P.O. Bo'l 945614


AUutll, CC!o"r:i .. 30394
Tclcphont (866) 244-49'34
Fed. J.D. No. S8-0SJl774

INVOICE FOR PROFESSIONAL SERVICES AND OTHER CHARGES

NOVEMBER 14,2002

CHRISTOPHER STOUFFLET Client: 33253


eSCRlPTS, INC. Matter: 269725
2000 POWERS FERRY ROAD Invoice # 10592172
SUITE 405
MARIETTA, GA 30067

RE: COMPLIANCE
POSTED
PROFESSIONAL SERVICES RENDERED THROUGH OCTOBER 31, 2002:

DATE IN/T/ALS DESCRIPTION

08/23/2002 GLJ Prepare iJlvestigative report regarding meeting with


Investigator Baker.
08/27/2002 CEB Telephone conference with Buddy Parker regarding recent
media coverage and grand jury investigation; review
Marietta Daily Journal articles.

09/02/2002 CEB Review Georgia Telemedicine Act; letter to Buddy Parker


regarding same.
09/06/2002 CEB Conference with Buddy Parker regarding grand jury
subpoenas and request for infonnation regarding contracts
with eScripts doctors.
10/01/2002 CEB Telephone conference with Buddy Parker regarding research
on privacy issues; email to Chris and Troy regarding same.
10/02/2002 CEB Telephone conference with Phillip Street regarding grand
jury subpoena issue and privacy concerns.
10/02/2002 GU Call to Buddy Parker; call from Mr, Parker; call to Jerry
Froelick.
10/03/2002 CEB Letter to Buddy Parker regarding research issues on grand
jury SUbpoenas; conference with Frank McDaniel.
Other Charges include a reasonable allocation of related overhead expenses.
Due and Payable upon receipt. 1% intere~t per month charged on balances after 30 days

Atlanta Augusta Charlotte London MIami R.-Ielgh Reston Stockholm Washington Winston-Salem
KILPATRICK STOCKTON-COLON 404 541 6800 P. 138
JAN-1S-2003 14:29
Page 2
33253/269725

DESCfUPTION
DATE INITIALS

10/0312002 FEM Conference with Craig Bertche regarding handling of gJand


jury subpoenas for disclosure of patient related information.

10/07/2002 FEM Review of HIPPA statute and proposed and final regulations,
along with comments and commentary relating thereto;
telephone conference with Craig Bertchc and Barry
Alexander regarding same.

10/0912002 GLJ Travel to Atlanta; meeting with Jerry FroeJick & Troy
Sobert.
$3,192.00
Total Fees

HOURS RATE/HOUR
SUMMARY
Craig E. Bertscbi 2.50 350.00
CEB
Frank McDaniel 2.60 325.00
FEM
Gerald L. Jones 9.20 160.00
GLJ

Total Hours 14.30

OTHER CHARGES:
3.75
Long Distance Charges
8.55
Photocopies
15.75
Facsimile Charges
103.20
Gerald L. Jones - Meals Travel to Atlanta, GA 8/20-21/02
377.95
Gerald L. Jones - Travel to Atlanta, GA 8120-21/02
135.39
Gerald L. Jones - Travel to Atlanta, GA 10/9/02
Cheyenne Investigations, Inc.; Unlisted phone nwnber research regarding 50.00
Ahmadi Alayna Bradley

Total Other Charges $ 694.59

$3,886.59
~AMOIINTDIIETHIS INVOICE

08849
E-Scripts.md. LLC BANK OF AMERICA
770-859-9022 64-51610
2000 POWERS FERRY RD 113012003
#405
MARIETTA, GA 30067

PAY TO THE
ORDER OF Kilpatrick Stockton LLP $ **3.991.59

Three Thousand Nine Hundred Ninety-One and 59/100************************************************** ********************


----~====::-~-:---,:;;~;;:;~:::z:;;;:;;;::;;;:;;:;;----------------.::..:.::..:.::..:====::...-
Kilpatrick Stockton LLP
DOLLARS

P. O. Box 945614
Atlanta, GA 0392

MEMO
AUTHORIZED SKiNATURE

00:1 27 780 ~ 2'1811'


--
TRAUB ASSOCIATES LLC

August 23,2002

VIA FACSIMILE (404-892-9750)


Craig Gillen, Esq.
William Parker, III, Esq.
Gillen, Cromwell, Parker & Withers, LLC
3490 Piedmont Road, N.E.
Suite 1050
Atlanta, Georgia 30305

VIA FACSIMILE (404-881-8040)


Mr. Jerome J. Froelich Jr.
McKenney & Froelich
Two Midtown Plaza Suite 1250
1349 W. Peachtree St.
Atlanta, GA 30309

Re: e-Scripts.MD, LLC

Gentlemen:

The purpose of this letter is to alert you to an three-part article that will be published in the
Marietta Daily Journal this Sunday, Monday, and Tuesday on internet pharmacies and, as a case
study, e-Scripts.MD.com.

I received a telephone call from Michelle Granoff (770.428.9411 x. 209) who had been
referred to this office from e-Scripts asking for an interview or comments from e-Scripts on their
business. Apparently, someone at the DEA's office told her that e-Scripts' websites contain seven
controlled substances and that bye-Scripts offering these controlled substances via website
questionnaires, they were violating the law. I told her that e-Scripts does not answer interviews, etc.
but that on behalf of this office, I can tell her that all of my clients, including e-Scripts, who
participate in this industry utilize only U.S. licensed physicians and pharmacies and comply with all
state and federal laws. As an example, once Nevada, the only state to officially have a law outlawing
this type of activity, enacted its laws, my clients stopped all activity in that state.

She tried to argue other points and I reiterated e-Scripts' "no comment" policy. You may
contact her for follow-up if you would like.

If you have any further questions, please do not hesitate to contact me.

Very truly yours,

2000 POWERS FERRY ROAD SUITE 2-1A MARIETTA, GA 30067 PH: 770.980.9004 FAX: 770.980.0622
RE: Attorney's from New Orleans
Saturday, June 21, 2008
5:49 PM

Subject
RE: Attorney's from New Orleans
From bpa rker@gcpwlaw.com
To Chris Stoufflet
Cc 'eri gs@mindspring.com'; Troy Sobert
Sent Tues day, December 03, 2002 12:45 PM

I was contacted late yesterday evening by Ralph Capatella (sp) (504.582.2425) He talked as if you and
he know each other. He identified that he is representing your “friends” in criminal matters. He said that
a Federal Grand Jury in Birmingham has issued subpoeae to them. He understood that you were being
investigated. I confirmed that I represented your interests and those of the companies in an investigation
being conducted by the US Attorney’s office here in Atlanta. He said that the purpose of his call was to
try to get me to urge you to settle the civil case. He said that he did not want to have to recommend to his
clients that they assert the Fifth Amendment is answers to deposition questions. He said that he didn’t
think that I would want you to be taking the Fifth. He said that he thought that you operated “a little bit
better than [his clients}”, but that you probably still had some problems. He said that we may need to
cooperate together in fighting the government. I told him the issue was not you, but whether the doctors
were lawfully practicing medicine and whether they had a legitimate medical reason for issuing the
prescription. Other than that I did not discuss any particulars about our case. I told him that I would
convey his comments to you. What do you know about this guy?

Buddy Parker, Esq.


Gillen Cromwell Parker & Withers LLC
One Securities Centre, Suite 1050
3490 Piedmont Road, NE
Atlanta, GA 30305
(404) 842-0343 - Phone
(404) 842-9750 - Fax
bparker@gcpwlaw.com - e-mail

The information contained in this e-mail transmission is intended for the use of the
designated recipients named above. This message may be an attorney-client
communication and as such is privileged and confidential. If the reader of this message is
not the intended recipient or agent responsible for delivering it to the intended recipient,
you are hereby notified that you have received this document in error and that any review,
dissemination or copying of this message is strictly prohibited. If you have received this
communication in error, please notify us immediately by telephone or return e-mail and
return the original message to us. Thank you.

-----Original Message-----
From: Chris Stoufflet [mailto:chris.stoufflet@stoufflet.com]
Sent: Monday, December 02, 2002 6:52 PM
To: bparker@gcpwlaw.com
Cc: erigs@mindspring.com; tsobert@escriptsmail.com
Subject: Attorney's from New Orleans

Hello again Mr. Parker,

It was great to speak to you today.

If you speak to the group that we are in a lawsuit with, please don’t share with them our position

Important Page 1
If you speak to the group that we are in a lawsuit with, please don’t share with them our position
on any maters. It’s only fair for them to learn this the difficult way, especially after the way they
treated me.

Please let me know if you hear anything.

Thanks,
-Chris

Important Page 2
file:///C|/Documents%20and%20Settings/cstoufflet/Desktop/Legal%2...20to%20add%20to%20CaseMap/RE%20Pharmacy%20Baggage%20Language.htm

From: M. Darren Traub [dtraub@traub-law.com]


Sent: Wednesday, January 15, 2003 4:25 PM
To: Chris Stoufflet
Cc: Rob Sobert; Troy Sobert
Subject: RE: Pharmacy Baggage Language

Follow Up Flag: Follow up


Flag Status: Flagged

As stated yesterday, I would put it on. It gives the actual language more leverage as a contract (the
customer has an opportunity to disagree with the contract and not accept its terms by returning the bag).
Once the bag is opened, they are unable to return the bag for refund, etc. Plus, by having them call the
call center or, in reality me, to discuss the terms, we can usually alleviate their concerns and have them
open the bag.

Let’s call this the final language and have Rob get them printed on bright yellow stickers with black bolded
language:

IMPORTANT:
READ THIS:
BY OPENING THIS PACKAGE, YOU INDICATE THAT YOU HAVE
READ THE CUSTOMER RESPONSIBILITY STATEMENT AND THE
INFORMED CONSENT AGREEMENT, HAVE ACCEPTED THE
TERMS AND CONDITIONS THEREIN, UNDERSTAND THAT THEY
ARE LEGALLY BINDING ON YOU, AND HAVE TRUTHFULLY
COMPLETED THE MEDICAL QUESTIONNAIRE. IF YOU DO NOT
AGREE WITH THE ABOVE RESPONSIBILITY STATEMENT –
PLEASE CONTACT OUR CUSTOMER CARE REPRESENTATIVES
TO RETURN THIS PACKAGE.

-----Original Message-----
From: Chris Stoufflet [mailto:chris.stoufflet@stoufflet.com]
Sent: Wednesday, January 15, 2003 4:09 PM
To: 'M. Darren Traub'
Cc: RSobert@escriptsmail.com; 'Troy Sobert'
Subject: RE: Pharmacy Baggage Language

Regardless - I think it just gives us a more clarity and protection to some degree

You’re the lawyer…just let us know.

Thanks,
-Chris

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-----Original Message-----
From: M. Darren Traub [mailto:dtraub@traub-law.com]
Sent: Wednesday, January 15, 2003 4:05 PM
To: 'Chris Stoufflet'
Cc: RSobert@escriptsmail.com; 'Troy Sobert'
Subject: RE: Pharmacy Baggage Language

We can. Let’s discuss. As Rob pointed out, they have already agreed to the agreements on
the internet. However, if you are going to use this for “phone orders” and put the agreements
in the bag, then we do need to put something like that in there.

-----Original Message-----
From: Chris Stoufflet [mailto:chris.stoufflet@stoufflet.com]
Sent: Wednesday, January 15, 2003 4:01 PM
To: 'M. Darren Traub'
Cc: RSobert@escriptsmail.com; 'Troy Sobert'
Subject: RE: Pharmacy Baggage Language

SHOULD WE ADD SOMETHING LIKE I DID BELOW:


I ADDED IT IN RED AND BLUE BUT IT CAN BE IN ALL IN BLACK.

THANKS,
-Chris
-----Original Message-----
From: M. Darren Traub [mailto:dtraub@traub-law.com]
Sent: Wednesday, January 15, 2003 3:47 PM
To: 'Chris Stoufflet'; RSobert@escriptsmail.com; 'Troy Sobert'
Subject: Pharmacy Baggage Language

Chris:
Rob and I drafted the following language for the pharmacy bags. Please
review and give us your comments ASAP, so that we can get it to the print shop.

IMPORTANT:
READ THIS:
BY OPENING THIS PACKAGE, YOU INDICATE THAT YOU HAVE
READ THE CUSTOMER RESPONSIBILITY STATEMENT AND THE
INFORMED CONSENT AGREEMENT, HAVE ACCEPTED THE
TERMS AND CONDITIONS THEREIN, UNDERSTAND THAT THEY
ARE LEGALLY BINDING ON YOU, AND HAVE TRUTHFULLY
COMPLETED THE MEDICAL QUESTIONNAIRE. IF YOU DO NOT
AGREE WITH THE ABOVE RESPONSIBILITY STATEMENT –
PLEASE CONTACT OUR OFFICE TO RETURN THIS PACKAGE.

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M. Darren Traub
Traub & Associates, LLC
Tel: 770.980.9004
Fax: 770.980-0622

file:///C|/Documents%20and%20Settings/cstoufflet/D...o%20CaseMap/RE%20Pharmacy%20Baggage%20Language.htm (3 of 3) [5/10/2007 1:20:41 PM]


KILPATRICK STOCKTON LLP
Please remit payments to:

P.O. Box 945614


Atlanta, Georgia 30394
Telephone (866) 244-4934
Fed. LD. No. 58-0511774

INVOICE FOR PROFESSIONAL SERVICES AND OTHER CHARGES

JUNE 27, 2003

CHRIS STOUFFLET Client: 33253


2000 POWERS FERRY ROAD Matter: 166205
SUITE 1-10 Invoice # 10637299
MARIETTA, GA 30067

RE: CHRIS STOUFLETT-GENERAL

PROFESSIONAL SERVICES RENDERED THROUGH MAY 31, 2003

DATE INITIALS DESCRIPTION

0311012003 CEB Telephone conference with Sean Holtzclaw; conference with


Andi Parrish.

03/12/2003 PS Telephone conference regarding manufacturers discount.

03/14/2003 GWW Virtual Wellness NetworklE-Script: Research


pharmaceutical company rebate arrangements for on-line
prescriptions (federal and state issues); telephone conference
with Phillip Street.

03/14/2003 PS Conference regarding rebate issues; review same.

03/1412003 PS Review drug rebate issues.

0311412003 PS Virtual Wellness: Review Pharma rebate issues.

0311712003 PS Virtual Wellness: Review file; telephone conference with


client regarding joint venture regarding Pharma product.

0311912003 PS Virtual Wellness: Conference regarding rebate.

03/1912003 PS Virtual Wellness: Review drug rebate issues; telephone


conference with client.

0311912003 PS Virtual Wellness: Telephone conference regarding FDA.

03119/2003 PS Virtual Wellness: Review manufacturer rebate issues.

Other Charges include a reasonable allocation of related overhead expenses.


Due and Payable upon receipt. 1 % interest per month charged on balances after 30 days.

Atlanta Augusta Charlotte London Raleigh Stockholm Washington Winston-Salem


Page 2
J253/166205

INITIALS DESCRIPTION
DATE

03/2012003 PS Review drug company formation issues.

04/02/2003 GWW Research any willing provider statues for procedures to ad


out of network provider to HMO.

04/1112003 PS Virtual Wellness: Telephone conference with Chris Stouffiet;


review telephonic orders.

04/2912003 PS Review file.

05/1212003 PS Review correspondence.

05/1312003 PS Telephone conference with client.

0511312003 PS Review correspondence; review Dell proposal; review


practice of medicine issues.

05/1512003 PS Telephone conference with client

Total Fees $6,043.50

HOURS RATFJHOUR
SUMMARY
Craig E. Bertschi .60 370.00
CEB
Gerald Woods 6.10 275.00
GWW
Phillip Street 11.20 370.00
PS

Total Hours 17.90

.... --'=" •
11613
E-Scripts.md, LLC BANK OF AMERICA
nO-8S9-9022 64-51610
2000 POWERS FERRY RD 712812003
#405
MARIETTA. GA 30067

PAY TO THE
ORDEROF. Kilpatrick Stockton LLP $,_**_6_.0_43_.5_0 _

_ Six
__ Thousand
___ Fony-Three
____ and_
5011 _****
_00* __ _ _ _ _ _ _ _************
********************* _ _ _ _ ************
_____ *******'
_ _" _ ************* ***** *********
_ _ _:.:.:.====~_OOLLARS t
Kilpatrick Stockton LLP
P. O. Box 945614 ,~
OV~R ~ooo.oo
Atlanta.GA_~?h
"9 ft/!'
MEMO Invoice for Services Rendered thru 5/31/03
AUTHORIZED SlGNATIJRE
...

E-5crlpts.md, LLC
11613
Kilpatrick Stockton LLP 7/28/2003
Date Type Reference Original Aml. Balance Due Discount Payment
0513112003 Bill 10637299 6,043.50 6,043.50 6,043.50
Check Amount 6,043.50
Darren, Allision and Buddy all reviewed and approved this.

Terminology

Who We Are
e-Scripts.MD LLC is a Management Service Organization based in the U.S. that serves as a
conduit between consumers, licensed U.S. PHYSICIANS, and licensed U.S. PHARMACIES.

e-Scripts-MD IS NOT AN ON-LINE PHARMACY AND DOES NOT ENGAGE IN THE


PRACTICE OF MEDICINE.

The Process
The CUSTOMER will select the medication and place the ORDER REQUEST, which includes
completing an online medical questionnaire, agreeing to the responsibility statement and
informed consent. This information is submitted via our secure server to a U.S. licensed
PHYSICIAN. Upon PHYSICIAN’S approval, the requested prescription will be forwarded to a
U.S. licensed PHARMACY for fulfillment and shipped to the CUSTOMER via next business
day delivery. An adult signature is required at the time of delivery.

CUSTOMERS requesting additional medications are required to submit an additional ORDER


REQUEST for that specific medication. The PHYSICIANS do not allow refills but RE-
ORDERS are accepted.

Glossary of Terms

Customer – a person requesting a medical consultation for a specific condition in order to obtain
a prescription medication for that appropriate condition.

Order Request – A request made for a specific product. The CUSTOMER must submit the
ORDER REQUEST form which includes, personal information height, weight, age, address,
shipping information, credit card info, desired medication, a medical questionnaire and the
CUSTOMER informed consent and responsibility statement. ORDERS received by 4:00 p.m.
will be shipped overnight, for next business day delivery.

Order – An ORDER REQUEST that has been approved by the PHYSICIAN, fulfilled by the
PHARMACY, and shipped to the CUSTOMER.

Re-Order – A CUSTOMER that has previously received an ORDER must submit a new
ORDER REQUEST after waiting the appropriate time.

Affiliate/Associate – a self employed individual who has been approved to promote and offer
services provided by e-Scripts-MD. This company or individual must have his or her own
website.

Physician – a U.S. licensed medical doctor that reviews all ORDER REQUESTS. The
PHYSICIANS are not employees of e-Scripts-MD.
Pharmacy – a U.S. licensed PHARMACY that fulfills and ships all prescribed medications.
The pharmacists are not employees of e-Scripts-MD.

Fulfillment – All approved prescriptions are forwarded to the PHARMACY where the
prescription is filled and shipped by the PHARMACY. The PHARMACY obtains, controls, and
packages the prescribed medication for the CUSTOMERS. e-Scripts does not own the
medication and does not have any medication on site.

Delivery – All ORDERS shipped by the PHARMACY are sent (next business day) overnight via
courier to the CUSTOMER. An Adult signature is required at the time of delivery.

Customer Service – CUSTOMER services are provided by Customer Care Solutions, LLC.

Affiliate Support – e-Scripts-MD offers AFFILIATES full time affiliate services.


From: M. Darren Traub [dtraub@traub‐law.com] 
Sent: Thursday, March 06, 2003 2:04 PM 
To: Chris Stoufflet 
Subject: A Company Description 
Follow Up Flag: Follow up 
Flag Status: Flagged 
 
Virtual Wellness Network, Inc. (“VWN”) is a management service
organization that has service contracts with VWN eMedical Group, LLC,
which has contacts with U.S. licensed physicians, VWN ePharmacies, LLC,
which has contacts with U.S. licensed pharmacies, and Customer Care
Solutions, an all inclusive call center. VWN offers use of all of these services
to e-Scripts.MD, LLC. E-Scripts, through its proprietary website, www.e-
scripts-md.com, assists on-line patients find licensed U.S. physicians to
review a physician-prepared medical questionnaire form in order
to obtain a prescription for certain “lifestyle choice pharmaceuticals.”
When a customer accesses e-Scripts’ website, the customer is able to review
information
related to the different pharmaceuticals offered via the website. The customer
then fills out an online medical history and application. This information is
sent, via the internet, directly to a U.S. licensed physician. Any prescription is
written pursuant to the physician’s professional medical opinion and is then
prepared, recorded, filled, and shipped by a U.S. licensed pharmacy. If, in the
physician’s sole medical opinion such prescription is inappropriate for the
requesting patient, the physician is free to decline the requested medication.
Nowhere in the process does any employee of E-Scripts, or any other non-
medical personnel, assist in the determination of whether a patient
should receive any medication or actually prepare or ship the medication.

Such decisions are left exclusively to the doctor and the pharmacy.
E-Scripts does, however, assist in protecting against fraudulent requests by
following a series of internal safeguards. Each E-Scripts.MD customer must
warrant as follows: that all personal information provided is complete, true,
and accurate; that he or she is over the age of 21; that he or she has received a
recent physical examination by his or her own primary care
physician; and that, upon receipt of any medication, he or she will promptly
update his or her primary care physician with respect to such medication.
In order to advertise its website, e-Scripts utilizes a national affiliate program.
Under this program, each affiliate, of which there are currently over 2000, is
assigned a referral number.
Every time a customer orders from e-Scripts under the affiliate’s referral
number, that affiliate is sent a certain percentage of the order. E-Scripts is the
only company in the industry to offer a full-time affiliate department,
including affiliate newsletters and immediate responses to an affiliate’s
inquiries.
file:///C|/Documents%20and%20Settings/cstoufflet/D...20add%20to%20CaseMap/A%20Company%20Description.htm (1 of 2)
[5/10/2007 1:17:52 PM]
file:///C|/Documents%20and%20Settings/cstoufflet/Desktop/Legal%2...20emails%20to%20add%20to%20CaseMap/A%20Comp
any%20Description.htm
M. Darren Traub
Traub & Associates, LLC
Tel: 770.980.9004
Fax: 770.980-0622 
From: Stoufflet on behalf of Chris Stoufflet-Wk
Sent: Tuesday, June 17, 2003 6:48 AM
To: 'Pavel, Tony'
Cc: Shuren, Allison; Betsy Burke
Subject: RE: Order #671694 has been Shipped via FedEx

Thank you Tony and sorry for the lack of explanation

- this is how the staff responds to questions or concerns about the medication.

Can you contact me before you send the "MEMO"?

Thank you,
-Chris

-----Original Message-----
From: Pavel, Tony [mailto:Pavel.Tony@ARENTFOX.COM]
Sent: Monday, June 16, 2003 5:26 PM
To: Chris Stoufflet-Wk
Cc: Shuren, Allison
Subject: FW: Order #671694 has been Shipped via FedEx

Mr. Stoufflet:

I am currently working on these issues with Allison. Would you let me know what the product
in question here is? It is difficult to assess the adequacy of the response without that
information. Also, we should have the memo on the website structure prepared for you by the
end of the week or very early next week at the latest.

Thanks,

Tony Pavel

-----Original Message-----
From: Chris Stoufflet-Wk <chris.stoufflet@vwn.com>
To: Shuren, Allison <Shuren.Allison@ARENTFOX.COM>
Sent: Thu Jun 12 22:00:17 2003
Subject: FW: Order #671694 has been Shipped via FedEx

Hello again Allison,

I have another question for you. This is a response Darren formulated for us. Do you believe this
is this how we should answer these types of questions?
Thank you for you time.
-Chris

-----Original Message-----
From: Sharon Bodden
Sent: Thursday, June 12, 2003 9:47 AM
To: lauraamoore@msn.com
Subject: RE: Order #671694 has been Shipped via FedEx

Dear Ms.Moore:

We are sorry that you were not satisfied with the product you ordered.

As you may be aware, individual reactions to medications may vary with


each person. Therefore, to ensure that you are taking this medication
properly and to help determine if the medication will indeed work for
you, we suggest that you consult with your primary care physician if you
have not already done so.

We regret to inform you that due to FDA regulations as well as the


Customer Responsibility/Informed Consent Agreement which you have agreed
with,
e-Scripts does not offer refunds on orders. All products are filled and
shipped by a U.S. licensed pharmacy. Therefore, if you have questions
or concerns about the quality of the product you received, we suggest
you contact the pharmacy directly or the manufacturer of the product.
The pharmacy contact information is located on your product. If you
need further contact assistance with this matter, please feel free to
contact our Customer Care Department at 866-372-7478.

Very truly yours,

Sharon Bodden
A Member of Your Dedicated Customer Care Solutions Staff

This information contained in this e-mail is PRIVILEGED and/or


CONFIDENTIAL information intended for the use of the individual or
entity named above. If the reader of this message is not the intended
recipient, you are hereby notified that any dissemination, distribution,
or copying of this communication is strictly prohibited. If you have
received this e-mail in error, please notify the sender immediately and
delete the e-mail from your computer. Thank you.

-----Original Message-----
From: Laura Moore [mailto:lauraamoore@msn.com]
Sent: Wednesday, June 11, 2003 5:04 PM
To: customercare@ccs-mailcenter.com
Subject: Re: Order #671694 has been Shipped via FedEx

I am very unhappy with this product and have spent a great deal of
money.
How do I get a refund?

Laura Ancona Moore


Moore Resources
303-741-2257

>From: <customercare@ccs-mailcenter.com>
>To: <lauraamoore@msn.com>
>Subject: Order #671694 has been Shipped via FedEx
>Date: Fri, 6 Jun 2003 08:08:16 -0000
>
>Dear Laura,
>
>Your order #671694 was shipped today.
>
>An adult signature will be required at the time of delivery. Please be
>available to sign for your requested order as FedEx is unable to leave
the
>package at your door.
>
>Your tracking number is: 622032540335
>
>You can check the status of your order at:
>
>https://www.e-scripts-md.com/escripts/status.asp?OID=671694
>
>
>For a free pharmacy consultation, you may call the toll-free number
>printed on your prescription bottle.
>
>If you have any questions, please e-mail us at:
orders@ccs-mailcenter.com
>
>You may be eligible to request this medication on
>6/24/2003.
>
>http://www.e-scripts-md.com?Referrer=11874
>
>Thank you,
>
>Your Dedicated E-Scripts Staff
>http://www.e-scripts-md.com?Referrer=11874
>

-------------------------------------------------------------------------------------------------------------
From: Stoufflet
Sent: Friday, July 18, 2003 10:49 PM
To: 'Pavel, Tony'
Subject: Affiliates Issues
Tony,

Here is what I want to send immediately to Mike Anderson and any other affiliates that may be in any
violation of any of these areas. Does this sound OK to you? I will also be addressing the affiliates who do
you use the XML service.
--------------------------------------------------------------------------------------------------------------------------------
------------------------------------------------

Items That Need To Be Corrected Immediately –


Mailing address:
Your correct the mailing address on your websites (and all of your 2nd tier affiliates that may be
displaying incorrect information) to reflect your own mailing address. It must be clear about the
relationship between our businesses. You are an affiliate of eScripts.

Your Affiliate’s Terms page, Informed Consent and Patient Responsibility Statement must also be
corrected. Affiliates are not allowed to use or modify our copyrighted information without prior consent. I
can forward you the proper forms to display. Once again, it must be clear that the affiliates are
participants of our affiliate program and patients/customers understand that they are provided this
service through eScripts. The way you are displaying information is very misleading. I wanted to make it
clear that you can still earn commission on their sales but they are participating in our affiliate program.

In regards to your request for patient/customer data, I cannot provide you with this information. The
patient/customer would have to authorize us to release that information to you.
--------------------------------------------------------------------------------------------------------------------------------
-------------------------------------------------

Thanks again Tony for your time.


-Chris
From: Stoufflet
Sent: Tuesday, August 26, 2003 9:09 PM
To: 'Pavel, Tony'
Subject: another quick question
Hey Tony,

Quick question – this is at the bottom of the websites, our and the affiliate starter kit – Should it
reference both of us/ the affiliates’ website and eScripts or what?

©2003 AffiliateCompany, LLC. All Rights Reserved


The products mentioned are trademarks of their respective owners and are not owned by or
affiliated with AffiliateCompany, LLC.
-Chris

The information contained in this e-mail transmission is intended for the use of the designated recipients named above. If the reader of this
message is not the intended recipient or agent responsible for delivering it to the intended recipient, you are hereby notified that you have
received this document in error and that any review, dissemination or copying of this message is strictly prohibited. If you have received
this communication in error, please notify us immediately by telephone or return e-mail and return the original message to us. Thank you.
25215 e-scripts-rnd LLC Invoice Number 918889
00000 General Page 3
22 AUGUST 2003

Date Timekeeper Hours

07/28/03 RJ WATERS Review letter regarding website disclaimer .6

*TKPR TOTAL* .6 *
07/10/03 AW SHUREN Revise memorandum 4.3
07/11/03 AW SHUREN Revise memorandum 3.1
07/15/03 AW SHUREN Follow up with T. Pavel regarding status of .2
projects
07/16/03 AW SHUREN Meet with T. Pavel; telephone call with C. 1.2
Stoufflet
07/18/03 1'.W SHUREN Prep~ration for and telephone call with C. .7
Stoufflet and T. Pavel
07/23/03 AW SHUREN Follow up with T. Pavel regarding documents .3
07/28/03 AW SHUREN Follow up with T. Pavel to HIPAA issues .2
07/30/03 AW SHUREN Meet with T. Pavel regarding informed .6
consent and compounding medications questions

*TKPR TOTAL* 10.6 *

07/28/03 SW CRISPI Telephone conference and correspondence with .1


T. Pavel regarding privacy issues.

*TKPR TOTAL* .1 *

07/02/03 TP PAVEL Website review memo revisions, update FDA 2.1


issues.
07/10/03 TP PAVEL Edits/update to Website review memo 2.1
07/15/03 TP PAVEL Web site review, review of website policies. 1.8
07/16/03 TP PAVEL Review HIPAA provisions of contract for 1.2
software license
07/18/03 TP PAVEL Conference call re HIPAA and documentation 1.7
issues.
07/22/03 TP PAVEL Follow up on website/document issues. 1.8
07/23/03 TP PAVEL Review pharmacy cease and desist letter, 1.3
review documents for e-script website.
07/28/03 TP PAVEL Update website forms, review affiliate 2.1
issues.
07/30/03 TP PAVEL Privacy policy revisions, conference call w/ 3.1
C. Stoufflet .
07/31/03 TP PAVEL Website documents revisions. 1.1

*TKPR TOTAL* 18.3 *

TOTAL HOURS 29.6


" V J

TRAUB ASSOCIATES LLC

January 13, 2003

VIA FACSIMILE (404.842.9750)

Mr. Wilmer Parker, III, Esq.


Gillen Cromwell Parker & Withers, LLC
One Securities Centere
3490 Piedmont Road, Suite 1050
Atlanta, Georgia 30305

Re: e-Scripts.MD, LLC

Dear Buddy:

On Friday, I received the attached subpoena that is directed to Advanced Pharmacy


Solutions, Inc. ("Advanced"). Advanced is a Florida phannacy that is utilized bye-Scripts.
Although this does not appear to be e-Scripts related, I did want to send it to you for your files.

It is my understanding that two of the four patients named in the subpoena are customers
of e-Scripts: Irene Duhon and David Duhon. Each customer has received one 90-day order of
Phentennine. Irene Duhon placed a second order for Phentennine with e-Scripts, but a doctor
denied the order for lack of appropriate body mass index (BMI). Further, it is my understanding
that the DEA was specifically asking Advanced about orders for hydrocodone (genelic Vicodin),
which e-Scripts does not offer.

As always, if you have any questions, please do not hesitate to contact me.

Very truly yours,

Attachment
fY2!!m
cc: Mr. Chris Stoufflet (via hand delivery)

PH: 770.980.9004 FAX: 770.980.0622


SUITE 2-1A MARIETTA. GA 30067
2000 POWERS FERRY ROAD
f~~j V'} 1Afr,;,
J/Jt-r
4. Independent Contractors. No provision of this Agreement is intended to create or shall
be construed to create any relationship between Affiliate and e-Scripts or its affiliates other than
that of independent entities contracting with each other solely for the purpose of effecting the
provisions of this Agreement. Nothing in this Agreement shall be construed to establish a
relationship of partnership, joint venture, agency or employment between Affiliate and e-Scripts
and its affiliates. Neither party has authority to enter into contracts or to assume any obligations
for the other nor make any warranties or representations on behalf of the other concerning the
duties, obligations or services of the other except in accordance with the express terms of this
Agreement or as otherwise authorized in writing by the other.

5. Responsibility for Medical Decisions. The decision to prescribe medication is a medical


decision made solely by a physician. Neither Affiliate nor e-Scripts is engaged in the practice of
medicine and the Participating Provider shall be solely responsible for all medical decisions
made by him or her in connection with the care of any customer. e-Scripts will take reasonable
steps to ensure that its Participating Providers are properly licensed and authorized to issue the
prescriptions they write. e-Scripts will take reasonable steps to insure that its Participating
/ Providers and affiliate-pharmacies comply with any applicable laws or regulations imposed by
~ state or federal government.

6. Applicable Law. This Agreement shall be governed by and construed in accordance with
the laws of the State of Georgia, without regard to choice of law principles. This Agreement has
been negotiated, executed, and delivered in the State of Georgia. In regard to any action to
enforce or interpret this Agreement, or any matter otherwise arising out of or relating to this
Agreement, each party (i) consents and submits to personal jurisdiction and venue in the
Superior Court of Cobb County, State of Georgia, or the United States District Court for the
Northern District of Georgia, Atlanta Division (the "Courts"); (ii) waives any and all objections
to jurisdiction and venue in the Courts; and (iii) waives any objection that the Courts are an
inconvenient forum. Each party further agrees that jurisdiction and venue concerning any legal or
equitable action to enforce or interpret this Agreement, or otherwise arising out of this
Agreement, shall rest exclusively in the Courts, so that any such action shall be brought and
defended in the Courts.

WHEREFORE, the parties indicate their acceptance of the terms of this Agreement by
placing their signatures in the spaces provided below.

Signed this _ day of ~, 2003.

AFFILIATE E-SCRIPTS.MD, LLC

By:- - - - - - - - - - -(SEAL) By: - - - - - - - - - - - -

Printed Name: _ Title: _

Title: _ [SEAL]
-dYFARTH 55 EAST MONR.OE STREET - SUITE 4200
CHICAGO, ILLINOIS 60603-5803

/ A T TOR N E Y S SHAW AREA CODE (312) 346-8000


fEDERAL ID 36-2152202

ATLANTA
BOSTON
CHICAGO
HOUSTON
LOS ANGELES
NEW YORK
SACRAMENTO
SAN FRANCISCO
WASHINGTON, D.C.
BRUSSELS

September 2003

Invoice No. 895509


142533569/33569-000001
S2

E. Scripts MD, L.L.c.


2000 Powers Ferry Road
Suite 2-4
Marietta, GA 30067

For legal services rendered through the month of September 2003

General Corporate

Date Attornev Hours Value Description


07114/03 J. Cunningham 1.50 315.00 Telephone conference with C. Stoufflet, E.
Riggins, T. Sobert regarding asset protection and
Operating Agreement.
07128/03 J. Cunningham 5.10 1,071.00 Review tax provisions regarding ownership of S-
corporation shares of stock by a grantor trust to
ensure that transfer to trust will not deselect S
election. Revise Trust Documents per C.
Stoufflet and deliver for review. Telephone
conference with 1. Wilkins of Suntrust regarding
service by Suntrust in Trustee capacity.
08112/03 J. Cunningham 2.20 462.00 Respond via e-mail to initial and follow-up
inquiries posed by C. Stoufflet regarding asset
protection and Operating Agreement documents.
08/25/03 J. Cunningham .70 147.00 Review Prime BToker Agreement provided by C.
Stoufflet.
08/27/03 J. Cunningham .60 126.00 Telephone conference with T. Sobert regarding
Operating Agreement concerns.
08/29/03 J. Cunningham lAO 294.00 Telephone conference with C. Stoufflet; T.
Sobert; E. Riggins regarding Operating
Agreement terms; follow up call with T. Sobert.

Total Hours 11.50

BILI.-S ARE; our. AI'"D r .... v ... ULF. UPON IlECEIPT


THIS STATtJl-IENT DOES NOT INCLUDE EXPENSES NOT Vr.T Ilr.CErVED BY TillS OFFICI:
WIlICH MlellT HAVE 8.1;1';1'1 Ir"ClJRRl':D DUKING TilE PERIOD COVERED 11\' THIS IlILUNG
55 EAST MONROE STREET· SUITE 4200
CHICAGO, ILLINOIS 60603·5803
AREA CODE (312) 346-8000

€~S SHAW FEDERAL 10 36-2152202

ATLANTA
BOSTON
CHICAGO
HOUSTON
LOS ANGELES
NEW YORK
SACRAMENTO
SAN FRANCISCO
WASHINGTON, D.C.
BRUSSELS

October 2003

Invoice No. 902820


142533569/33569-000001
S2

E. Scripts MD, L.L.C.


2000 Powers Ferry Road
Suite 2-4
Marietta, GA 30067

For legal services rendered through the month of October 2003

General Corporate

Date Attorney Hours Value Description


09/08/03 J. Cunningham .80 168.00 Prepare memorandum response to requests from
C. Stoufflet, deliver via e-mail.
09115103 J. Cunningham 3.90 819.00 Revise Operating Agreement of e-Scripts.md,
LLC per conversations with C. Stoufflet, T.
Sobert, and E. Riggins; deliver to C. Stoufflet for
review and comment; accompanying memo of
outstanding items.
10/02/03 J. Cunningham 1.20 252.00 Review and respond to M. Verner memorandum
regarding Operating Agreement.
10/06103 J. Cunningham .60 126.00 Review C. Stoufflet comments regarding
response to ~.,1. Verner memorandum; respond to
same.

Total Hours 6.50

Total Fees $1,365.00

BILLS -'Rl DUE "'1'1'0 PAV ... 8Ll IIrON RECEIPT


THIS ST ... TlMlJ'lT DOES NOT I!"CLUDE ExrE!"SlS !"OT '·ET kECEIVED BV TillS OffiCE
","ICIl MIGIIT nAVF; 8[[/< INC1JRRED DURING THE PtRIOO COVI:RED BV TillS BILLING
PARKERv2_000021
RE: Industry and affiliate forum post
Saturday, June 21, 2008
5:37 PM

Subject
RE: Industry and affiliate forum post
From bpa rker@gcpwlaw.com
To Chris Stoufflet-Wk
Sent Monda y, October 20, 2003 6:07 PM

I do not see any object able language.

Buddy Parker, Esq.


Gillen Parker & Withers LLC
One Securities Centre, Suite 1050
3490 Piedmont Road, NE
Atlanta, GA 30305
(404) 842-0343 - Phone
(404) 842-9750 - Fax
bparker@gcpwlaw.com - e-mail

The information contained in this e-mail transmission is intended for the use of the designated recipients
named above. This message may be an attorney-client communication and as such is privileged and
confidential. If the reader of this message is not the intended recipient or agent responsible for delivering it to
the intended recipient, you are hereby notified that you have received this document in error and that any
review, dissemination or copying of this message is strictly prohibited. If you have received this
communication in error, please notify us immediately by telephone or return e-mail and return the original
message to us. Thank you.

-----Original Message-----
From: Chris Stoufflet-Wk [mailto:chris.stoufflet@vw n.com]
Sent: Monday, October 20, 2003 11:48 AM
To: bparker@gcpwlaw.com
Subject: FW: Industry and affiliate forum post

Mr. Parker – I wanted to post this on the internet – we have a lot of affiliates that are inquiring about the
recent activity and asking us questions. They are wanted to leave their current providers and are looking to
work with us. Can you please make any recommendations and let me know if this is appropriate?

Thank you,
-Chris

The information contained in this e-mail transmission is intended for the use of the designated recipients named abov e. If the
reader of this message is not the intended recipient or agent responsible for deliv ering it to the intended recipient, y ou ar e hereby
notified that y ou hav e receiv ed this document in error and that any rev iew, dissemination or copy ing of this message is stric tly
prohibited. If y ou hav e receiv ed this communication in error, please notify us immediately by telephone or return e-mail and return
the original message to us. Thank y ou.

Dear Affiliates,

As you may be aware, the Federal Government is actively pursuing companies that allegedly selling
prescription medication over the Internet without proper physician or pharmacy approval. Given
the seriousness of this action, and the fact that this is only one of many allegedly illegal pharmacies
and companies that are being investigated and closed by the DEA, we felt the need to reiterate e -
Scripts.MD's continued commitment to lawful and ethical business practices, which makes us the
established leading company since 1999.

Need to Be Answred Page 1


established leading company since 1999.

As an affiliate of e-Scripts-MD, you can rest assure that we will continue to remain in compliance
and keep up with the ever changing regulations. We are constantly working with our outstanding
team of legal experts to ensure and protect our position in the industry and, most important, our
plans for the future.

There have been many companies that have recently started operations with little or, worse, no
legal guidance. This should be a major concern to all affiliates. As an affiliate, please use extreme
caution when becoming involved with any of these companies. An affiliate should be especially
concerned with companies that offer customer access to controlled substances and/or the ability to
accept new orders via the telephone. More enforcement actions, like the one referenced above,
are expected in the very near future.

We, on the other hand, have always taken a safe approach in our business decisions. That is why
we are where we are today. We are excited about our future and hope that you have that same
level of confidence. If you are interested in discussing possible future endeavors, please feel free
to contact us at - -

Sincerely,

Chris Stoufflet
President/CEO
eScripts MD LLC.

Need to Be Answred Page 2


RE: please review (REVISED)
Saturday, June 21, 2008
5:32 PM

Subject
RE: please review (REVISED)
From Chri s Stoufflet-Wk
To 'bpa rker@gcpwlaw.com'
Sent Monda y, November 17, 2003 5:27 PM

Thank you -

-Chris

-----Original Message-----
From: bparker@gcpwlaw.com [mailto:bparker@gcpwlaw.com]
Sent: Monday, November 17, 2003 4:53 PM
To: Chris Stoufflet-Wk
Subject: RE: please review (REVISED)

You cannot state “….still derive profits from this type of illegal activity.” The activity has not, I
repeat not been found to be “illegal” per se. It is obvious that DEA contends that it is illegal and it
may be that one or more judges may conclude under a very specific fact pattern that the conduct in
questioned may support a jury finding that someone knowingly and willfully conspired to criminally
violate the law, but the simple practice unless determined by the specific State which regulates the
doctor in question is not per se illegal. Simply remove the word “illegal” from you message. Buddy

Buddy Parker, Esq.


Gillen Parker & Withers LLC
One Securities Centre, Suite 1050
3490 Piedmont Road, NE
Atlanta, GA 30305
(404) 842-0343 - Phone
(404) 842-9750 - Fax
bparker@gcpwlaw.com - e-mail

The information contained in this e-mail transmission is intended for the use of the designated
recipients named above. This message may be an attorney-client communication and as such is
privileged and confidential. If the reader of this message is not the intended recipient or agent
responsible for delivering it to the intended recipient, you are hereby notified that you have received this
document in error and that any review, dissemination or copying of this message is strictly
prohibited. If you have received this communication in error, please notify us immediately by telephone
or return e-mail and return the original message to us. Thank you.

-----Original Message-----
From: Chris Stoufflet-Wk [mailto:chris.stoufflet@vw n.com]
Sent: Monday, November 17, 2003 4:37 PM
To: bparker@gcpwlaw.com
Subject: FW: please review (REVISED)
Importance: High

Mr. Parker,

I hope that you had a great weekend.

I will call you later to inform update you on what happened in Federal court with the Copyright case.
Craig Bertschi and Darren were both present.

Need to Be Answred Page 1


Craig Bertschi and Darren were both present.

I want to send the email below to our affiliates but wanted your input first.

Thank you,
-Chris

I hope all is well.

I wanted to update you on the status of the industry and some of the recent activities.

Current Projects and Business Models for the Future:


As you know, we have worked on other business models over the past few years and are
currently finalizing plans to launch these new projects within the next few weeks.

The Industry:
The U.S. Drug Enforcement Administration has released it's policy as it relates to
customers/patients obtaining “Controlled Substances” based solely on an on-line
questionnaire. Some companies have decided to ignore this policy and divert such requests
to companies “outside the US” and “outside the jurisdiction of the law” and still derive profits
from this type of illegal activity.
The answer to your question – Can affiliates still promote/engage in this activity? If you
need more clarification regarding your liability while participating in this business model,
please consult your attorney.

EVA Global and Tropic Spiral Announcement


The recent post by EVA and Tropical Spiral
“Look for upcoming announcements on collaborative efforts between e-Scripts-
MD, E.V.A. Global and Tropic Spiral Systems.”
We have met with the principals of EVA Global and Tropical Spiral as it relates to the
possibilities of working together on future projects. We will inform you personally of any
decisions.

Thank you for your cooperation and understanding during this transactional period.

Sincerely,
-Chris Stoufflet
CEO
e-Scripts -MD, LLC

Need to Be Answred Page 2


RE: email to our top 30 affiliates
Saturday, June 21, 2008
5:34 PM

Subject
RE: email to our top 30 affiliates
From bpa rker@gcpwlaw.com
To Chris Stoufflet-Wk
Sent Thurs day, November 06, 2003 6:12 PM

Did you complete your sentence where you say “…we have decided to discontinue access submit you
request”? This does not make sense to me; otherwise it is good. I am on my way out so I approve this
message.

Buddy Parker, Esq.


Gillen Parker & Withers LLC
One Securities Centre, Suite 1050
3490 Piedmont Road, NE
Atlanta, GA 30305
(404) 842-0343 - Phone
(404) 842-9750 - Fax
bparker@gcpwlaw.com - e-mail

The information contained in this e-mail transmission is intended for the use of the designated recipients
named above. This message may be an attorney-client communication and as such is privileged and
confidential. If the reader of this message is not the intended recipient or agent responsible for delivering it to
the intended recipient, you are hereby notified that you have received this document in error and that any
review, dissemination or copying of this message is strictly prohibited. If you have received this
communication in error, please notify us immediately by telephone or return e-mail and return the original
message to us. Thank you.

-----Original Message-----
From: Chris Stoufflet-Wk [mailto:chris.stoufflet@vw n.com]
Sent: Thursday, November 06, 2003 6:09 PM
To: bparker@gcpwlaw.com
Subject: FW: email to our top 30 affiliates

Mr. Parker – here is one of the emails we are ready t send with you approval – thank you

-Chris

-----Original Message-----
From: Shuren, Allison [mailto:Shuren.Allison@ARENTFOX.COM]
Sent: Thursday, November 06, 2003 5:57 PM
To: Chris Stoufflet-Wk
Subject: RE: email to our top 30 affiliates

see below
-----Original Message-----
From: Chris Stoufflet-Wk [mailto:chris.stoufflet@vw n.com]
Sent: Thursday, November 06, 2003 5:22 PM
To: Shuren.Allison@ARENTFOX.COM
Subject: email to our top 30 affiliates
Allison,

I would like to send something along these lines to our top 30 affiliates - I worked hard to build these

Need to Be Answred Page 1


I would like to send something along these lines to our top 30 affiliates - I worked hard to build these
relationships and hope to be able to salvage them. Please let me know your thoughts on this and I will
then forward to Mr. Parker for his final approval.

Dear (Mr. Affiliate)

I wanted to personally inform you of the company's decision to discontinue processing


requests for physician consultations related to "Controlled Substances" as of this evening,
November 6, 2003. All request submitted before 12pm EST will be forwarded to a physician.

As you are well aware, we have always worked closely with our attorneys regarding the
legalities of this industry. Due to the recent policy enacted by the U.S. Drug Enforcement
Agency concerning customers obtaining prescriptions based solely on an online medical
questionnaire, we have decided to discontinue access submit such request. We have new
business models that exceed the current concerns express by the DEA that we will be
introducing to you in the near future. The DEA policy may be accessed at
http://www.usdoj.gov/dea/pubs/pressrel/diversion_actualities_transcript.html

You may redirect all inquires for request for controlled substances to (this will be a page on
our website stating our new company policy).

We apologize for any inconvenience, appreciate your understanding during this transition and
look forward to your participation in our new concepts.

Sincerely,
Chris Stoufflet
President/ CEO
e-Scripts-MD, LLC

Thank you,
-Chris

Need to Be Answred Page 2


Please Remit Paymellts Dilly To:
12 KILPATRICK P.O. Box 945614

~ STOCKTO
Atlanta, Georgia 30394
LLP Telephone (866) 244-4934
Fed. J.D. No. 58-0511774

INVOICE FOR PROFESSIONAL SERVICES AND OTHER CHARGES

FEBRUARY 11,2004

CHRIS STOUFFLET Client: 33253


2000 POWERS FERRY ROAD Matter: 166205
SUITE 1-10 Invoice # 10679366
MARIETTA, GA 30067

RE:CHRISSTOUFLETT-GENERAL

PROFESSIO AL SERVICES RENDERED THROUGH JANUARY 31, 2004:

DATE INITIALS DESCRIPTION

11/18/2003 CEB Telephone conference with Darren Traub; review deposition


notices.
11/1912003 CEB Telephone co e pposing counsel regarding tax
returns and settlem 1 S· telephone conference with
Darren Traub regarding same.
1113012003 CEB Review correspondence from Darren Traub regarding his
withdrawal from the case; letter to Chris Stoufflet regarding
same; email to Darren Traub.
12/12/2003 PS Review patient record issues; conference regarding same.
12/1912003 FEM Research form of records release; drafted same; research
recordkeeping requirements.
12/23/2003 FEM Research recordkeeping requirements.
01/0512004 FEM Telephone conference to Brenda Burke regarding handling of
records.
01108/2004 NWH Review proposed articles of incorporation; review proposed
bylaws; review relevant statutory provisions under Georgia
business corporate code; conference regarding same.
01/08/2004 PS Review corporate documents.

Other Charges include a reasonable allocation of related overhead expenses.


Due and Payable upon receipt. 1% interest per month charged on balances after 30 days.

ATLANTA AUGUSTA CHARLOTTE LONDON RALEIGH STOCKHOLM WASHINGTON WINSTON-SALEM


RE: Any word on the date of the trial? What about Traub? thank
you
Wednesday, June 25, 2008
11:42 AM

Subject
RE: Any word on the date of the trial? What about Traub? thank you
From CMS | CMi cha el Group
To 'Don Sa muel'
Sent Sunday, February 24, 2008 12:56 PM

Speaking of Shuren, I have the interoffice MEMO from Shuren to someone in her
office about us continuing to operate. Did you see that one?

-----Original Message-----
From: Don Samuel [mailto:dfs@gsllaw.com]
Sent: Saturday, February 23, 2008 6:29 PM
To: CMS | CMichael Group
Subject: RE: Any word on the date of the trial? What about Traub? thank you

No word on the trial. I spoke to Jeff Brickman, who represents the New York
doctor and he said that the other two doctors' lawyers are going to file the
medical records on Monday or Tuesday showing how ill their clients are. I didn't
call Traub, because I didn't have all his records in good enough shape in case he
doesn't agree to talk to me more than once. I will need to issue him a subpoena
later this week to make sure he shows up (Mel Hewitt and Buddy both assured
me that they are available and don't need to be subpoenaed. I still feel very
reluctant to issue a subpoena to Arent Fox or their lawyers, because I think that
they will hurt us. Buddy and Mel Hewitt are prepared to say that they received all,
or most of the correspondence from them (Hewitt is always cc's; as is Traub in
later months). I also think the government is going to end up bringing Shuren, so
she will be there anyways.

dfs

Need to Be Answred Page 1


udpate
Monday, March 31, 2008
12:43 AM

Subject udpate
From Don Sa muel
To CMS | CMi cha el Group
Sent Thurs day, February 21, 2008 3:13 PM

I have finished the first run through the files and have done a certain amount of organizing. I want you
to review the CaseMap that David did and write on it everything that you think is wrong or left out. I
have interviewed Buddy and Mel Hewitt. Both are relatively helpful. Not perfect, but not bad,
either. Buddy says that everybody realized the regulatory issues, but nobody thought it was a federal
crime of drug dealing. Mel said that you did everything you could to stay legal, but he was not the
person to give advice, which is why he turned to Arent Fox. I am going to call Darin Traub later today or
tomorrow.
dfs

Garland & Samule Page 1

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