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Roger Myers (SBN 146164)
roger.myers@bryancave.com
BRYAN CAVE LLP
3 Embarcadero Center, 7" Floor
San Francisco, CA 94111
Telephone: (415) 675-3400
Facsimile: | (415) 675-3434
‘Naney Franco (SBN 294856)
nancy. franeo@bryancave.com
BRYAN CAVE LLP
120 Broadway, Suite 300
Santa Monica, CA 90401
Telephone: (310) 576-2100
‘Attomeys for Non-Party Journalist
Petitioner Alex Halperin
SUPERIOR COURT OF CALIFORNIA
COUNTY OF LOS AN'
ES
UNLIMITED JURISDICTION
ALEX HALPERIN,
‘Non-Party Petitioner,
v.
MICHAEL WENDSCHUH and DOOMA
WENDSCHUH, LLC,
Party Respondents,
In the Matter of the Arbitration Between
MICHAEL WENDSCHUH and DOOMA
WENDSCHUH, LLC,
Claimants,
v.
EBBU, LLC and JONATHAN COOPER,
Respondents,
Declaration of Alex Halperin
California Case No.
JAMS Arbitration Pending in Denver, Colorado
‘No Number Provided
DECLARATION OF NON-PARTY
JOURNALIST ALEX HALPERIN IN
RESPONSE TO SUBPOENA ISSUED BY
PARTY TO FOREIGN PROCEEDING1, Alex Halperin, declare:
1. Tama freelance business reporter based in Los Angeles, California. I cover the
‘marijuana industry and write the newsletter WeedWVeek, which has about 9,700 subscribers.
2, Lam the author of an article entitled “Ebbu and the rise and fall of a modem weed
dealer,” which was published by Pando.com on June 13, 2016 (the “Article”).
3. Onorabout February 22, 2017, I was served with a subpoena issued on a form
supplied by this Court to appear at a deposition on March 16, 2017, in relation to an arbitration filed
in Colorado by Michael Wendschuh and Dooma Wendschuh, LLC (collectively, “Wendschuh”),
against Ebbu, LLC and Jonathan Cooper, and to produce five categories of documents. A true and
correct copy of the subpoena served on February 22, 2017, is attached hereto as Exhibit A.
4, Onor about March 10, 2017, I was served through counsel for Wendschuh with a
subpoena issued on a form supplied by this Court substantively the same as the subpoena served
February 22, but changing the date for the deposition and production of documents to April 19, 2017.
A true and correct copy of the subpoena served on March 10, 2017, is attached hereto as Exhibit B.
5. OnMareh 29, 2017, my counsel served counsel for all parties with my Objections to
the subpoena. A true and correct copy of those Objections is attached hereto as Exhibit C.
6. Asthe Objections note, except for the Article published on Pando.com, the prior news
reports to which the Article linked and the two snippets of the tape recording embedded in the Article
~ and references and a link to the Article in Weed Week and in an email to WeedWeek subscribers — all
of the documents the subpoena asks me to produce constitute “unpublished information” protected
from compelled disclosure by the California shield law, in Article I, § 2(b) of the California
Constitution and Evidence Code § 1070, the constitutional reporter's privilege in the First Amendment]
to the United States Constitution and Article I, § 2(a) of the California Constitution, and, to the extent
it is implicated, the Colorado Press Shield Law, in Colorado Revised Stats. § 13-90-119.
7, Attrue and correct copy of the Article as published is attached hereto as Exhibit D.
8 A true and correct copy of the Economist article linked to from the Article is attached
hereto as Exhibit E.
Declaration of Alex HalperinCaer aneon
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9. A true and correct copy of the Bloomberg article linked to from the Article is attached
hereto as Exhibit F.
10. A true and correct copy of the New Yorker article linked to from the Article is attached
hereto as Exhibit G.
11, The link from the Article to a Fox Business Channel story on Ebbu is no longer active.
12, True and correct copies of excerpts from a tape recording embedded in the Article are
attached hereto as Exhibit H,
13, A true and correct copy of the email I published to WeedWeek subscribers with a
reference and link to the Article is attached hereto as Exhibit I.
14, A true and correct copy of the December 24, 2016 issue of WeedIWeek, which included
reference and link to the Article, is attached hereto as Exhibit J
15, As the Objections also note, at the deposition the subpoena directed me to attend
‘Wendschuh’s attorney intended to ask me to identify my confidential sources for the Article and to
testify about, among other things, details of my time embedded at Ebbu that were not published in the
Article, all of which also constitutes “unpublished information” protected from compelled disclosure
by the California shield law, in Article I, § 2(b) of the California Constitution and Evidence Code §
1070, the constitutional reporter’s privilege in the First Amendment to the United States Constitution
and Article I, § 2(a) of the California Constitution, and, to the extent it is implicated, the Colorado
Press Shield Law, in Colorado Revised Stats. § 13-90-119.
16, On April 5, 2017, Wendschuh’s attorney agreed to take my deposition off calendar, and
agreement that was confirmed the next day in an exchange of emails with my counsel.
I declare under penalty of perjury under the laws of the State of California that the foregoing is
true and correct. Executed wrislf day of May, 2017.
Declaration of Alex Halperin