Subject: Re: ETF: depositions
From: "Mesires, George R." <[email-masked]>
To: "Hunter Biden" <[email-masked]>, "Eric D. Schwerin" <[email-masked]>
Date: Thu, 30 Mar 2017 13:43:53 +0000

Howard and Eve asserted various claims against Wayne and Tony, mainly fraud based, alleging that Howard/Eve's investment wasn't used to develop Fund III. Instead it was used for inappropriate purposes or was wasteful. I understand that the fraud claims have been dismissed and only a count or two remain which are based on breach of contract.

Counsel will probe the basis for the Services Agreement between ETF Franchise and Seneca Global, and the payments made on account thereof, and what work SGA/ Hunter / Eric did on behalf of its client (etf) to promote Fund III. Were those terms market based? Was it the going rate? What were the invoicing practices? What work was done?

Counsel will also probe whether ETF got any benefit for the 200K payment made on account of the Paradigm litigation. That's a red herring because the end result would have been the same if payment was made directly to Hunter. Hunter would have used it to pay the settlement. As I understand it, the 200K was intended as a form of compensation for the services provided by hunter to develop fund III. It was structured as a non-recourse loan. There are numerous emails after that payment was made that demonstrate that hunter was making efforts on behalf of fund III.

I don't think there is a significant risk of you being named defendants because any claim seems factually tenuous, and moreover, any potential claims are likely barred by the statute of limitations.

So the deposition will largely be an effort for Howard and eve to develop its breach of contract claims against Wayne and Tony, namely, that the payments to SgA and hunter were a waste of money. Counsel will try to belittle your efforts, question the worth of them, and suggest the payments were inappropriate. Be calm, not defensive and identify the efforts made by you to assist etf to the best of your recollection, which is understandably sketchy because of the 8 years that has elapsed since the relevant time period.

We will talk more before the depositions. See you shortly.

George

George R. Mesires
Partner
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On Mar 30, 2017, at 7:43 AM, Hunter Biden <[email-masked]<mailto:[email-masked]>> wrote:

I know Eric sucks

Sent from my iPhone

On Mar 30, 2017, at 8:24 AM, Mesires, George R. <[email-masked]<mailto:[email-masked]>> wrote:

I'm dealing with a remedial witness.

George R. Mesires
Partner
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Faegre Baker Daniels LLP<http://www.faegrebd.com/>
311 S. Wacker Drive | Suite 4300 | Chicago, IL 60606, USA<x-apple-data-detectors://10/1>

On Mar 30, 2017, at 7:09 AM, Hunter Biden <[email-masked]<mailto:[email-masked]>> wrote:

Thanks for the online law for dummies pdf. Your a great lawyer.

Sent from my iPhone

On Mar 29, 2017, at 5:57 PM, Mesires, George R. <[email-masked]<mailto:[email-masked]>> wrote:

Eric and Hunter:

Attached is a refresher for deposition conduct.

I will call you each tonight. George

George R. Mesires
Partner
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Faegre Baker Daniels LLP<http://www.faegrebd.com/>
311 S. Wacker Drive | Suite 4300 | Chicago, IL 60606, USA<x-apple-data-detectors://10/1>

Begin forwarded message:

From: "Mesires, George R." <[email-masked]<mailto:[email-masked]>>
To: "Mesires, George R." <[email-masked]<mailto:[email-masked]>>

<how-to-defend-a-deposition-ajr.pdf>

George R. Mesires
Partner
[email-masked]<mailto:[email-masked]>    Download vCard<http://www.faegrebd.com/vcard/george.mesires.vcf>
D: +1 312 356 5101<tel:+1%20312%20356%205101> | M: +1 312 972 4151<tel:+1%20312%20972%204151>

Faegre Baker Daniels LLP<http://www.faegrebd.com/>
311 S. Wacker Drive | Suite 4300 | Chicago, IL 60606, USA<x-apple-data-detectors://10/1