LifeLock 2015 Annual Report Download - page 174

Case 3:15-cv-00258-HSG Document 49-1 Filed 11/04/15 Page 16 of 289
documents filed in Federal Trade Commission v. LifeLock, Inc., Case No. 10-CV-00530-PHX- MHM (D. Ariz.); (vi) transcripts of
depositions taken in other litigation involving LifeLock;
(vii) an affidavit signed by Stephen Burke, a former LifeLock employee; (viii) consumer surveys LifeLock conducted concerning
certain of its advertisements; (ix) “white papers” that LifeLock provided to the FTC in connection with its 18-month investigation; (x)
contracts between LifeLock and its vendors; (xi) LifeLock call-center scripts; (xii) LifeLock’s terms of service during the alleged
Class Period; (xiii) insurance policies underlying LifeLock’s $1 million guarantee; (xiv) information regarding LifeLock subscribers;
(xv) alert histories including times when alerts may not have been delivered immediately; (xvi) product pricing; (xvii) identity theft
protection plan cancellations; (xviii) monitored financial institutions; and (xix) LifeLock’s responses to numerous of the FTC’s
requests for information. LifeLock also designated and produced two witness for deposition in response to Plaintiffs’ Rule 30(b)(6)
Deposition Notice: (1) Gregory Lim, Vice President Enterprise Risk & Strategic Operations; and (2) Sharma Upadhyayula, Sr.
Director, Product Management. Class Counsel deposed Mr. Lim on September 24, 2015, and Mr. Upadhyayula on September 25,
2015.
E. Based upon their review, investigation, and evaluation of the facts and law relating to the matters alleged in the
Action, Plaintiffs and Class Counsel, on behalf of the putative Class, have agreed to settle the Action pursuant to the provisions of this
Settlement Agreement, after considering, among other things: (1) the substantial benefits to the Class Members under the terms of this
Settlement Agreement; (2) the risks, costs, and uncertainty of protracted litigation, especially in complex actions such as this, as well
as the difficulties and delays inherent in such litigation; and (3) the desirability of consummating this Settlement Agreement promptly
in order to provide expeditious and effective relief to the Class Members.
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