Soe ra nuneon uw 12 13 14 15 16 7 18 19 20 2 22 23 24 25 26 27 28 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 PROCEEDING1, 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 HalperinCaer aneon 10 W 12 13 14 15 16 17 18 19 20 2 2 23 24 25 26 27 28 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