September 9, 2016

Marc Erik Elias

MElias@perkinscoie.com
D. +1.202.434.1609
F. +1.202.654.9126

VIA FIRST CLASS MAIL & HAND DELIVERY

Charles J. Harder
Harder Mirell & Abrams LLP
132 S. Rodeo Dr., 4th Floor
Beverly Hills, CA 90212
John B. Quinn
Susan Estrich
James R. Asperger
Quinn Emanuel Urquhart & Sullivan, LLP
865 S. Figueroa St., 10th Floor
Los Angeles, CA 90017
Dear Counsel:
We represent Media Matters for America. We write regarding recent media reports indicating
that Fox News Channel obtained telephone records of Joe Strupp, a reporter employed by
Media Matters, without Mr. Strupps knowledge or consent. Those reports indicate that
Mr. Strupps records were obtained in 2010 at the request and direction of Dianne Brandi,
Executive Vice President of Business and Legal Affairs for Fox News Channel. It also appears
that Fox News Channel previously obtained telephone records of Media Matters founder
David Brock in 1997 (collectively, the Media Matters Surveillance).
Media Matters takes these reports very seriously and is prepared to take all measures necessary
to protect its rights, including initiating a lawsuit against your client, Roger Ailes, who served as
Chairman and Chief Executive Officer of Fox News Channel during the relevant time period.
We therefore demand that Mr. Ailes take immediate action to preserve all information relating to
the Media Matters Surveillance that is in the possession, custody, or control of Mr. Ailes,
including information held by third parties from whom Mr. Ailes could obtain the information or
over whom Mr. Ailes exercises control. In particular, Mr. Ailes must preserve information and
documents including but not limited to:
1. The identities and titles of all individuals who participated in the Media Matters
Surveillance and those individuals roles in the Media Matters Surveillance.
2. The identities and titles of all individuals who had contemporaneous knowledge of the
Media Matters Surveillance.

132637924.2

September 9, 2016
Page 2
3. Any communications between Mr. Ailes or Mr. Ailes employees, attorneys, or agents,
on one hand, and any investigator or firm who procured or attempted to procure
telephone records or any other personal information of Mr. Strupp and/or Mr. Brock, on
the other hand.
4. All documents regarding or referring to the methods by which Mr. Strupps and
Mr. Brocks records were procured (e.g., pretexting, spoofing, hacking, etc.).
5. The identities of other individuals and entities, not including Mr. Strupp and Mr. Brock,
who were subject to the same or similar surveillance as Mr. Strupp and Mr. Brock.
This notice applies to all of Mr. Ailes information storage systems, computer networks, and
electronic devices (including all removable media, remote access devices, and mobile devices),
without regard to their physical location. This notice also applies to archives, backup systems,
and recovery tapes.
Mr. Ailes duty to preserve extends to all forms of information, including materials in tangible
form and electronically stored information. Much of the information subject to disclosure may be
stored on Mr. Ailes current and former computer systems and electronic devices. Thus,
electronically stored information should be given the broadest possible definition, and should
be understood to include, among other things, e-mail and other electronic communications;
voicemail; word processing documents; image files; sound recordings; databases; database
records; calendars; telephone logs; system usage logs; Internet usage logs; and associated
metadata. Mr. Ailes may need to create forensic images of electronic devices to avoid altering or
destroying evidence. Mr. Ailes may also need to preserve legacy devices, operating systems,
or platforms in order to ensure that evidence in its possession may be accessed at a later date.
In addition, the duty to preserve requires Mr. Ailes to halt routine practices that could result in
the destruction or corruption of evidence, including (but not limited to) purges of stored e-mails
or other documents based on age or other criteria; erasing, destroying, or discarding backup
media; and re-assigning, re-imaging, or disposing of systems, servers, devices, or media. Mr.
Ailes must also take affirmative steps to prevent anyone with access to his data, systems, and
archives from modifying or destroying evidence.
We also demand that Mr. Ailes communicate this preservation demand to any other individuals
or entities who possess or may possess potentially relevant evidence.
In closing, we emphasize once again the importance of taking immediate and affirmative action
to preserve all potentially relevant evidence. As shown by earlier hacking scandals involving
News Corpaffiliated entities, initial reports of these sorts of activities often reveal only the tip
of the iceberg. We expect to discover additional wrongdoing in the course of our investigation.

132637924.2

September 9, 2016
Page 3
If you have any questions about Mr. Ailes preservation obligations, not all of which are outlined
above, I invite you to contact me at your earliest convenience.
This letter may not be construed as a relinquishment or waiver of any rights or remedies to which
our client is entitled. Our client specifically reserves all such rights and remedies.
Very truly yours,

Marc Erik Elias

132637924.2