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NAME AND TITLE: Matthew Fawcett, vice president and general counsel AGE: 39 THE COMPANY: JDS Uniphase Corp. (JDSU) features four primary business segments: optical communications, “comcast” products used to test and monitor networks, commercial lasers and optical innovations involving color-shifting pigments. Telecommunications service providers, cable operators and network equipment manufacturers are among its customers. JDSU’s products and expertise also have military, aerospace, medical, display and currency applications. So extensive is the company’s reach that, according to Fawcett, “You can’t make an international call in the world without that call touching a JDS piece.” Furthermore, “If you are carrying a $20 bill, you are carrying our product.” The precursor of Uniphase launched in 1979. The modern company arose from the amalgamation of the American Laser Co., a Canadian manufacturer of fiber-optics communications equipment known as JDS FITEL, and more than 30 public company acquisitions and significant additions. Based in the Silicon Valley city of Milpitas, Calif., it has approximately 6,800 employees worldwide and $1.2 billion in annual sales. LEGAL TEAM AND OUTSIDE COUNSEL: JDS Uniphase’s legal arm consists of 30 lawyers and professionals stationed in Canada, China, Germany and the United States. Nine-tenths of their total work (including securities, intellectual property and mergers and acquisitions) is performed in-house, with specialized needs, mainly litigation, outsourced. Fawcett praised his colleagues for “adding huge value” to the company and its shareholders. Fawcett is a proponent of “dashboards,” which he defined as “visual budgeting and goal-setting tools,” with which he regularly measures the results of his department against industry standards. He seeks to manage the legal team with facts, metrics and benchmarks similar to any other business unit. He has instituted quarterly and year-end departmental reviews to help control costs and hone the focus of his outside counsel. Fawcett estimated that 66% of the legal department’s annual spending goes to external providers. JDSU has a select few outside counsel relationships “that we try to nurture and leverage as a strategic advantage,” and Fawcett views them as extensions of his department. Michael Phillips of Morrison & Foerster’s Palo Alto, Calif., office is “our outside corporate counsel and [mergers and acquisitions] champion.” Neil Teitelbaum of the Ottawa intellectual property boutique Teitelbaum & McLean is a key resource. Jeffrey Lederman of Chicago-based Winston & Strawn, whom Fawcett called “our prime litigation counsel,” gets the company’s trademark work. DAILY DUTIES: “I have always desired to be a generalist and understood the sacrifice needed to get there,” said Fawcett. He and his team handle all legal matters: contracts; intellectual property generation, prosecution and maintenance; and global trade issues encompassing imports, exports and customs. He reports directly to Christopher Dewees, who was the company’s general counsel until Fawcett assumed that role on July 1, 2006. Dewees now runs corporate development and marketing, resulting in a symbiotic relationship between his group and legal that Fawcett feels facilitates high-level mergers and acquisitions. Generally, Fawcett rises at 4 a.m. so that he can attend to European Union and East Coast issues promptly. Grappling with foreign regulations “presents a real challenge and keeps me up at night,” he said. European regulations covering hazardous substances, including disposal of lead and waste electronic and electrical equipment, are areas of concern. His foreign involvement intensified 18 months ago with his participation in JDSU’s expansion to Shenzen, China, now the firm’s largest site by head count. He arrives at his office daily at 7 a.m., with his work compartmentalized as follows: 25% is devoted to management, 20% to corporate matters, 15% to intellectual property, 15% to commercial concerns, another 15% to mergers and acquisitions and material deal issues, and 10% to “potpourri.” Fawcett takes a hands-on approach to personnel and employee retention, and has fashioned a hiring bible. “Hiring is the most important thing we can do,” he said. ACQUISITION ACE: Corporate acquisitions and the worldwide integration of significant parts of the acquired companies are key Fawcett goals. In August 2005, JDSU bought out competitor Acterna Inc., nearly doubling the size of the company. Fawcett lawyered the deal and merged the companies’ legal teams. In October 2006, the firm acquired the technology and patent portfolio of Metconnex Canada Inc. With expert counsel from Jeremy Pitcock of New York’s Kasowitz, Benson, Torres & Friedman, this transaction “effectively resolved” patent and trade secret misappropriation litigation that had been pending against Metconnex. A supply dispute with IPG Photonics Corp. was settled when Fawcett crafted a deal in which JDSU received a significant block of IPG stock now worth “tens of millions” of dollars. ROUTE TO PRESENT POSITION: Fawcett started his career in 1992 at the 15-lawyer San Francisco office of New York-based Proskauer Rose, moving on two years later to “the comfort of a big firm”: Morrison & Foerster. There he helped to defend a dissident Church of Scientology member who was sued by the organization for allegedly disseminating its secret texts over the Internet. In 1997, Fawcett moved in-house to electronics firm Fujitsu America Inc. In 1999, he migrated to a JDS FITEL competitor, E-Tech Dynamics. E-Tech (“David,” as Fawcett put it) ultimately was acquired by JDSU (“Goliath”), resulting in Fawcett’s 2000 arrival at his present company. He holds a bachelor’s degree in rhetoric from the University of California, Berkeley (1989), and a doctor of law degree from the University of California at Los Angeles School of Law (1992). PERSONAL: New York City-native Fawcett is married to Christine Anderson Fawcett, whom he met in law school. They are parents to 4-year-old twins, Paxton and Ainsley. Fawcett is a wine connoisseur who enjoys backpacking in his few spare moments. LAST BOOK AND MOVIE: The Smartest Guys in the Room: The Amazing Rise and Scandalous Fall of Enron, by Bethany McLean and Peter Elkind; and Curious George. His last “grown-up” movie, he said, was Fahrenheit 911.

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