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FORMER BINGHAM ASSOCIATES SPEAK OUT We are deeply disappointed that The Recorder chose to publish an inaccurate, misleading article regarding the departure of the undersigned associates from Bingham McCutchen. Your June 6 article entitled “ Bingham Says Bye to Some S.F. Associates” implies that Bingham McCutchen associates were laid off or demoted, or, as you inartfully put it, “ [paid] top dollar � [to] leave.” This is false. As Anthony Carbone explained, we made individual decisions to leave the firm based upon our personal situations and career plans. And a few of us asked to continue working on a pro bono habeas death penalty case while the firm restaffed the case, which the firm accommodated by keeping us on as contract attorneys. We were neither asked nor encouraged to leave by anyone at the firm. This was our decision and ours alone. We hardly think the personal career decisions of a few associates in a 1,000-attorney firm warrant a top-of-the-fold newspaper article. Moreover, relying on pure speculation and anonymous sources who had no knowledge of our situations, you inaccurately portrayed these voluntary decisions as the firm’s “solution” to deal with an alleged slowdown in litigation or to offset a salary increase that occurred over a month after we decided to leave. And most disturbing, you took the wholly unnecessary and unprofessional step of identifying us individually by name. While we continue to believe these private decisions are no one’s business but our own, your irresponsible article has forced us to come forward to preserve our reputations. To be perfectly clear, we were not laid off, bought off, demoted, “reclassified” or whatever other negative implication you have made about us. We only hope that your readers are more concerned with the truth than you were.

Edward Donnelly Renee DuPree Farschad Farzan Sivan Gai Todd Pickles Tyler Theis

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