EFTA02521030.pdf

From: Jeffrey Epstein <jeevacation@gmail.com> Sent: Wednesday, April 3, 2013 9:52 PM To: Steven Sinofsky Subject: Re: removing means only talking to me and not to jay, =so that i can filter and highlight, On Wed, Apr 3, 2013 at 5:18 PM, Steven=Sinofsky mailt > wrote: of course this is all good. there's no blame to go around. <=iv> couple of thoughts: • =ot sure what me "removing myself" does but up to you • my view is that they offered a "random $5m" and I came back with =ake me whole for leaving and not asking to rest and vest ("the andy lees=treatment" as lisa Brummel/HR calls it). Brad will say this is a cost=to me of being removed because was toxic. So is andy. But $10 s=ems like a random number halfway between a logical number and another rand=m number ($5). * I would prefer not to name Samsung as instead say "Aside from this =ist of companies, Steven and other former Microsoft employees can join any=organization without litigation". I want to push on other people and =ot have them name Samsung or any other company (box.net <http://box.net> for example) a no fly zone *because* of me.<=li> • I don't want to be reciprocal in unenforceable things like non-dispar=gement. I want all of that to be one sided. the goal is to make this as=petty as possible. * I have been beyond reproach. It is my style.=A0 I just don't do stuff like that about competitors or just people I =on't like. Ovitz says hi. We had lunch. =div>Sent from Surface RT Check out http://blog.learningbyshipping.com <http://blog.learningbyshi=ping.com> From: Jeffrey Epstein Sent: Wednesday, April 3, 2013 1:17 PM To: Steven Sino=sky Brad is really at 10.=A0 being gracious and above reproach in this negotiation will go a long=way to stopping steve from trashing you. you are right about the pr =nd i am very sensitve to it. I will handle it moving foward with jay,=A0 you can always blame jay, we will tell brad that you have removed y=urself. I will charge you a one million dollar fee ( i will no= get insulted if you choose not to ). Right at the end, not fo= jay , I will attempt to specifillay get samsung approved. letting s=eve feel good that he fucked you already , will minimize the moving forwar= , so i do not want to give up the higher amount demadn until the very =ast minute EFTA_R1_01658071 EFTA02521030  On Wed,=Apr 3, 2013 at 9:59 AM, Steven Sinofsky mailt wrote: My gosh, I am s000 sorry that I was=not explicit in showing my appreciation. I am deeply appreciative from the=moment of referral to you checking in on things to the side dialogs you L=;ve had. I'm terribly sorry I did not express that in a way that ma=e it clear. Thank you. I'm more th=n happy to turn this over to you. Any fee you want is fine. That isn=#39;t an issue for me at all. Or if you don't want to be involved that=is fine too. I would rather be friends more than anything. I'd like you to be involved. I just want you to =nderstand a little more about the situation. It is more nuanced than a =oney negotiation i think. We've both done =ots of contracts and have both been more involved with lawyers tons more t=an we would have liked. But in very different ways and with different b=siness situations. Together we bring almost too much experience.:) For me, the currency in this negotiation isn't mone=. Steve doesn't care about the money because he knows I am not moti=ated by the money. The most important thing for Steve is foreclosing op=ions for me. That is why he did the negative stuff about me. The sec=nd most important thing is just feeling like he won. That means he gets=to brag about something. Me being a vc is a victory for him. Me being a=startup CEO is a victory. Samsung is a clean loss. I have been part of a dozen lawsuits filed after Micros=ft people went to competitors. It is nasty, public, and ultimately Micr=soft prevailed in all of them. Either the person backed down or ended up s= tarnished they were ineffective. The suits are filed regardless of the=work--"inevitable leakage of trade secrets". PR is part of foreclosing options. People do remembe= pr. Read about "Kai Fu Lee". He was branded ineffective a=d then left google as ineffective. He was a traitor then and is now a t=aitor to China. Maybe he is all of those in reality, but he was also a =eading Carnegie Melon computer scientist. This goes back to the 80's and is always done. S=nior people leave and there is a lawsuit if they go to a competitor. Alway=. If I choose to be a manager of people, espe=ially a large group, then that group will know about me almost exclusively=through what they read about me. I don't get a chance to charm them= And because of the lag time from start to releasing a new product it m=ans i have to change an organization and manage it with a cloud of doubt o= worse. Getting the most out of a team becomes impossible. That'= the failure cycle. It is real. Managing a large team when they get all of their inform=tion about their manager from the web or launching a product when the pres= thinks they know you is all impossibly hard with bad "personal pr&qu=t;. The "sightings" are real. lust like the co=ference I signed up for this is what impacts negotiation. I do believe =n sharing that with counsel which might be different between us. Both w=ys can work (or not). But the truth is people went straight to Steve and Stev= went straight to brad. Just like how steve fired off panic mail after i s=gned up to speak at the conference. 2 EFTA_R1_01658072 EFTA02521031  It was a &=uot;material" event. Samsung is, in Steve's words, "our n=w biggest competitor". Microsoft depends on hardware and only two =ompanies that make hardware are executing--apple and Samsung. Lenovo st=als windows and all the others from hp to dell to asus are betting on andr=id big. I don't think I have been flip flopping or erratic.= I have been frustrated at jays lack of engagement after the New York me=ting. I think this is just like your frustration with his worries. = have no worries not closing but dragging it out isn't good for anyone=since everything that happens in public changes the negotiation. Even Wind=ws Blue(next release) gives Steve more confidence he doesn't need to s=gns this. His second concern is me stealing people. That's=why he wants a gag order. The only tool they =ave is money or suing me. Suing me is hard but hardly impossible. Th= only variable is that suing me means a deposition for Steve. But if th=y don't sue me then they have to sue everyone who leaves with me. T=at they don't prefer. I think: • $15m to me is fair and reasonabl= since it was comp i earned modulo the proxy bullshit which drops 125,000 =r so shares. For negotiation more than happy to say "plus 5m cash&quo=;. I don't care about the timeline. Id set up an automatic escro= account so I don't have to go back to them. • Not working at apple, google until 2014 is fine =95 Cooperating and not poaching is fine • The timeline doesn't matter so long as ja= is driving and not letting brad stall. That's new since jay is draggi=g now. I can say yes to Samsung with an agreement. If we don't have an=agreement I will get sued going to Samsung. They know it and i know it.= If not then tell me why not? I think they shou=d agree not to sue other microsoft people who leave to the same company as=me. That's new. That's added because of the way they structu=ed the gag order. If I can't talk to them about stuff then i can t=;t be recruiting them. If i go to Samsung they can't now declare th=t a competitor because of me. People can quit and join other companies.= On Apr 3, 2013, at 4:34 AM, "Jeffrey Epstein"=<jeevacation@gmail.com <mailto:jeevacation@g=ail.com» wrote: no secret I texted melz. I woudl like you to=succeed , which means only to get what you want, that is for you to =ecide. I think it is a sensitce negotiation, therefore even more imp=rtant to decide on your persaonl prioirites. get it closed, is ok, but =f that message comes out in the wrong way , it wil do you more harm than g=od . One moment you say it has to get closed and the next you say=im not impatient. If I can help I will , It appears as if you think i a= beating up on you , no thanks . thank you , or the merest sign of appr=ciation, I will play any role you choose, except for the villain. =1 will take total control and leave you out if thats what you prefer. y=u are too close, and worried about press, lawsuits, gossip, percieved sli=hts. I actully know how difficult this is for you, and if i were a g=rl woudl give you a hug,. This is not life and death, things will be=ok, =br>The information contained in this communication is confidential, may=be attorney-client privileged, may constitute inside information, and i= intended only for the use of the addressee. It is the property of Jeffrey Epstein 3 EFTA_R1_01658073 EFTA02521032  Unau=horized use, disclosure or copying of this communication or any part th=reof is strictly prohibited and may be unlawful. If you have received t=is communication in error, please notify us immediately by return e-mail or=by e-mail to jeevacation@gmail.com <mailto:jeev=cation@gmail.com> , and dest=oy this communication and all copies thereof, including all attachments. copyright -all rights reserved The information contain=d in this communication is confidential, may be attorney-client privile=ed, may constitute inside information, and is intended only for the use of the a=dressee. It is the property of Jeffrey Epstein Unauthorized use, di=closure or copying of this communication or any part thereof is strictl= prohibited and may be unlawful. If you have received this communication in error, p=ease notify us immediately by return e-mail or by e-mail to jeevacation@gmail.com, and destroy this communication and all copies thereof, including all attachm=nts. copyright -all rights reserved The information contain=d in this communication is confidential, may be attorney-client privile=ed, may constitute inside information, and is intended only for the use of the a=dressee. It is the property of Jeffrey Epstein Unauthorized use, di=closure or copying of this communication or any part thereof is strictl= prohibited and may be unlawful. If you have received this communication in error, p=ease notify us immediately by return e-mail or by e-mail to jeevacation@gmail.com, =nd destroy this communication and all copies thereof, including all attachm=nts. copyright -all rights reserved 4 EFTA_R1_01658074 EFTA02521033