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Miron v. Microsoft Corp.

Court of Chancery of Delaware

October 31, 2005, Decided; October 31, 2005, Filed

C.A. No. 1149-N

Opinion

STIPULATION AND ORDER REGARDING CONFIDENTIALITY

WHEREAS, the parties to the above-captioned matter have agreed to participate in mediation pursuant to Chancery Court Rule 174;

IT IS HEREBY STIPULATED and agreed by the parties hereto, through their undersigned counsel and subject to the approval of the Court, that any adviser, consultant or expert (collectively, an "expert") retained in connection with the anticipated mediation by any party to this action shall, only in [*2]  connection with the mediation, be permitted to review any material, including all documents filed under seal in this case, provided:

(1) that, prior to any such review by experts retained by or on behalf of the plaintiff, the identity of each such expert retained by or on behalf of the plaintiff for purposes of the mediation only first is provided to the defendants and the defendants agree that the expert is not a competitor of ContentGuard Inc. or ContentGuard Holdings, Inc. Defendants' agreement in this regard will not be unreasonably withheld;

(2) that any such expert (whether retained by the plaintiff or a defendant) and personnel working for or under the direction of the expert in connection with the mediation execute the Certification attached hereto as Exhibit A;

(3) that the originals and any copies of materials obtained by or provided to each expert retained by or on behalf of the plaintiff, or notes or other writings based on or reflecting information contained in such materials, will be returned to the plaintiff or otherwise destroyed promptly after the termination of the mediation or the termination of the services rendered by each such expert, whichever comes first; and

(4) [*3]  that such review will not constitute a waiver of any rights or privilege held by any party regarding confidentiality.

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2005 Del. Ch. LEXIS 670 *

MICHAEL MIRON, Individually And On Behalf Of All Others Similarly Situated, Plaintiff(s), v. MICROSOFT CORPORATION, TIME WARNER, INC., TIME WARNER CONTENTGUARD HOLDINGS, INC., XEROX CORPORATION, RICHARD BRASS, HERVE GALLAIRE, THOMAS LITTLE, KENNETH LUSTIG, CHRISTOPHER COOKSON, BRAD BRUNELL, AND RONALD E. GRANT, Defendant(s). -and-CONTENTGUARD HOLDINGS, INC., Nominal, Defendant.

Notice: THIS OPINION HAS NOT BEEN RELEASED FOR PUBLICATION. UNTIL RELEASED, IT IS SUBJECT TO REVISION OR WITHDRAWAL.

CORE TERMS

mediation, CONFIDENTIALITY, termination, parties