AVENATTI & ASSOCIATES, APC 520 Newpost Center Drive, Suite 1400 May 31, 2018 Via E-Mail, Fac and Federal Express Mr. Michael Cohen, Esq. Mr. Stephen M. Ryan, Esq. c/o Mr. Stephen M. Ryan, Esq. McDermott Will & Emery LLP McDermott Will & Emery LLP 500 North Capitol Street, N.W. 500 North Capitol Street, N.W. Washington, D.C. 20001 Washington, D.C. 20001 Fax: 202-756-8333 Fax: 202-756-8333 sryan@mwe.com syan@mwe.com Re: Demand For Immediate Turnover of Privileged Documents Dear Messrs. Cohen and Ryan: Yesterday in court, Mr. Ryan confirmed our fears and made a stunning admission — namely that you are in possession of attorney-client privileged information relating to my client Ms. Clifford. In particular, Mr. Ryan effectively admitted that Mr. Cohen made audio recordings of his telephone conversations with Keith Davidson, my client Stephanie Clifford’s former attorney, and further, you did not dispute the assertion that in these recordings, Mr. Davidson disclosed privileged matters relating to Ms. Clifford. Perhaps more astonishing is Mr. Ryan's confession that you have had possession of this privileged information that is the property of Ms. Clifford “under lock and key” for a presumably inordinate length of time without ever returning the information or disclosing it to me or Ms. Clifford.' This is a very serious matter causing immense prejudice to my client. Moreover, your receipt and retention of this information is an incredible lapse of basic legal ethics and one that could subject each of you to serious disciplinary charges and possible disbarment. ‘The law requires you to hand over these recordings as well as all other privileged material to my client immediately. The law is clear that privileged matters that come into the hands of another person, inadvertently or otherwise, must be returned immediately to the holder of the privilege. Lipin v. Bender, 193 A.D.2d 424, 427-28, 597 N.Y.S.2d 340, 342 ' Further, the fact that you have been hiding this information from my client at the same time you have argued to Judge Wood that the attorney-client privilege of Mr. Trump and Mr. Cohen's other clients should be vehemently protected is especially disgraceful.Mr. Michael Cohen Mr. Stephen M. Ryan May 31, 2018 Page 2 (1993) (affirming dismissal of suit where plaintiff reviewed, and with her counsel's knowledge copied, defense counsel’s work product left on table in courtroom and refused to return them to defense counsel); Stinson v. City of New York, No. 10 CIV. 4228 RWS, 2014 WL 5090031, at *3-5 (S.D.N.Y. Oct. 10, 2014) (ordering the plaintiffs to return privileged CD Rom to the defendants); see also Fed. R. Civ. P. 26(b)(5)(B) (describing obligations of party receiving privileged information). Here, the furnishing of privileged information by Mr. Davidson was not inadvertent and its privileged status is not in dispute. Therefore, your continued possession of these recordings is even more egregious and appalling. Further, there is no credible argument that Ms. Clifford authorized Mr. Davidson’s disclosure and thus there was no waiver. Moreover, your outrageous conduct also violates New York rules of ethics. For instance, under Rule 4.4 of the New York Rules of Professional Conduct, “[a] lawyer who receives a document, electronically stored information, or other writing relating to the representation of the lawyer's client and knows or reasonably should know that it was inadvertently sent shall promptly notify the sender.” See also Stinson, 2014 WL 5090031, at *2 (“Rule 4.4(b) requires that the lawyer promptly notify the sender in order to permit that person to take protective measures.”). These obligations extend not only to you, but to all members of your legal team who have been exposed to the privileged recordings, but have elected to do nothing. In sum, there is simply no excuse for your failure to follow New York law and your ethical obligations. Demand is made that any and all recordings between Mr. Cohen and Mr. Davidson wherein my client is mentioned or her matter is being discussed be tuned over mmediately and that no copies be retained. Further demand is made that to the extent you are in possession of any other attorney-client privileged materials, that those materials and all copies likewise be provided to me immediately. I strongly suggest that you adhere to your ethical obligations and comply with this demand. All rights are expressly reserved. Very truly yours, ( M- Michael J. Avenatti Avenatti & Associates, APC