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Gibson, Dunn & Crutcher LLP

881 Faqe i\rirll

i?oaci

Pa c Aitc. CA 94304

Tel 1.50

12ll

B,l! :300

w'r'iw.E b,tonCL | ;r.corn

March 23, 2075

VIA

FEDERAL EXPRESS

Thomas Dunham

L52A Langt.on St.


San Francisco, CA 941,03
(41s) 852-]-740
Re:

Dear

Request for Return of SelectQuote propert.y and

Confidential Third Party Information

Dunham:

are counsel to SelectQuote fnsurance Servj-ces ("the


company"). rt has come to our understanding that you were
formerly employed by the company, and that in this capacity,
you had access to (1) confidential and proprietary information
belonging to Lhe Company and (2) confidential_ information
belonging to third parties. This information incl_uded, but. was
not. limited to, customer 1ists, contract terms, methods of
operations, market.ing p1ans, software code, functionality,
know how, financial information, ds well as personally
ident,ifiable informat.ion for customers of the Company,
including customer names, phone numbers, email ad.d.resses,
physical addresses, and other protected personal informat.ion.
We

under the terms of t,he company's employee handbook, whj_ch you


agreed to abide by, " [e] ach employee is responsible for
safeguarding the confident.ial- information obtained during
employment. I' Furt.her, under t.he terms of the Company, s
Technol-ogy use and privacy policy for "authorized employees
(including temporary staff and independent contractors), "
which you signed as a condj-t.ion of your employment with the
company, lou agreed to strj-ct restrictions on your use of any
of the company's "Technol-ogy Resources" (including, but not,

limited to, "all- elect.ronic devj_ces, software, ... computer


hardware such as disk drives and tape drj-ves, ... associated

Thomas Dunham

March 23, 20L5


Page 2
f il-es and daLa" ) . Specif icaIIy, you agreed that " [t] he
Company's Technology Resources are to be used by employees

only f or the purpose of conduct.ing Company business. 'r You


further agreed that you would rrnoL use any of the Company's
Technol-ogy Resources for any il1egaI purpose, for violation of
any Company policy, in a manner contrary to the best j-nterests
of the Company, in any way t.hat discl-oses confidential or
proprietary information of the Company or third parties, oy
for personal gain. "
It is also our understanding that pursuant to your employment
with the Company, you had in your possessi-on a data drive
containing customer information ("the Drive"). While our
records indicate you were an employee at the time you received
t.he Drive, even if you were not an employee, you were stil-l- a
consultant, and so were still bound by the Company's
Technology Use and Privacy Policy (which explicit.ly applies
equally to "temporary staff and independent contractors")
(emphasis added)

have been informed t.hat. federal agents with the United


States Secret Service, in connection with a potential criminal
investigation, demanded that you turn over the Drive, and you
complied. We further understand that you represented t.o 1aw
enforcement that you possess no additional copies of the dat.a
that had been on the Drive.

We

To the extent you do have copies of t.he data from the Drive or to the extent that you sti1I possess any documenLs,
records, informat.ion, software or other property of the
Company, whether in physical or electronic form - we hereby
demand that you return saj-d items immediately t.o t.he Company.
If you do not have any such items in your possession, please
provide us with writ.t.en confirmation of this fact. Please be
advised that the Company considers refusal to return company
property to be theft, and any unauthorized discl-osure or use
of the Company's properLy and/or confidential information

could lead to litigat.ion against you.

Further, any disclosure'or use of the confidential information


of third parties you may have retained from the course of your

Thomas Dunham
March 23, 2Ol5

Page

with the Company may lead. to civil liability and/or


cri-mina1 prosecution. As you were advised upon signing the
Company's Technol-ogy Use and Privacy Policy, "Lhe Company
reserves the right to advise 1ega1 authorities of any
vioLation of 1aw by an employee.tr Your unauthorized
possession, use, disclosure, or transmission of any such
confident.ial information could subject you to administ.rative
fines, civil liability, and criminal penalties under various
state laws, such as the California Financial Information
Privacy Act (CaI. Fin. Code SS 405O-4060) , t.he California
Insurance Information and Privacy Protection Act (Cat. Ins '
code ss 79I - 791,.27), and the california confident.iality of
Medical Information Act (Cal. Civ. Code SS 56-56.37).
You could also be subject to civil and criminal penalt.ies
under various federal laws, Such as the Healt.h Insurance
Portability Accountability Act (Hrpaat 29 U.S.C SS 1181 et
seq. and 42 USC 1320d et seq. ) and Health Information
Technol-ogy for Economic and Clinicat Health Act (HITECH; 42
U. S. C. SS L'7937-, 1-7g32) , and Gramm-Leach-81i1ey Act (GLBA; 15
U.S.C. SS 6801-5810) ' For instance, offenses under HIPAA
(which include knowingty obtaining or disclosing individualty
identifiable healt,h information for commercial advanLage,
personal gain or malicious harm) permit fines of $250,000, and
imprisonment for up to ten years. see 42 U.S.C. S 1320d-6.
employment

possible to arrange for the


return of al1 property and/or confident.ial informat.ion
belongi-ng to the Company or otherwise obt.ained in the course
of your employment (or consult.ancy) with t.he Company. rf
your position is that. you no longer possess any Company
property and/or confidential information belonging to the
Company or its customers, please confirm as such in writing.
Pl-ease contact us as Soon as

Sincerely,

\\t-"L"-L

l^-,"^1 /o
'"1

Shaalu Mehra
Michael Wong

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