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

Fox News Channel
Rupert Murdoch, Executive Chairman
Jack Abernethy, Co-President
Bill Shine, Co-President
Dianne Brandi, Executive Vice President, Legal and Business Affairs
1211 Avenue of the Americas, 2nd Floor
New York, NY 10036
Dear Fox News Channel:
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 Fox News Channel. We therefore
demand that Fox News Channel take immediate action to preserve all information relating to the
Media Matters Surveillance that is in the possession, custody, or control of Fox News Channel,
including information held by third parties from whom Fox News Channel could obtain the
information or over whom Fox News Channel exercises control. In particular, Fox News
Channel must preserve information and documents including but not limited to:
1. The identities and titles of all Fox News Channel directors, officers, employees,
attorneys, or agents who participated in the Media Matters Surveillance and those
individuals roles in the Media Matters Surveillance.
2. The identities and titles of all Fox News Channel directors, officers, employees,
attorneys, or agents who had contemporaneous knowledge of the Media Matters
Surveillance.
3. Any communications between Fox News Channel or any Fox News Channel director,
officer, employee, attorney, or agent, on one hand, and any investigator or firm who

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September 9, 2016
Page 2
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 Fox News Channel 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.
Fox News Channels 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 Fox News Channels 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. Fox News Channel may need to create forensic images of
electronic devices to avoid altering or destroying evidence. Fox News Channel 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 Fox News Channel 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.
Fox News Channel must also take affirmative steps to prevent anyone with access to its data,
systems, and archives from modifying or destroying evidence.
We also demand that Fox News Channel issue an appropriate litigation hold notice and
communicate this preservation demand to all Fox News Channel personnel who possess or may
possess potentially relevant evidence, including but not limited to the following individuals:
Dianne Brandi, Jack Abernethy, Bill Shine, Irena Briganti, Peter Johnson, Jr., Ken LaCorte, and
Jim Pinkerton.

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September 9, 2016
Page 3
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.
If you have any questions about your 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