Tobacco Documents Online

Antitrust Division !udlclary Center &rtlding SSS Farndi 3creer, N.H! H(ukingum. LLG 2(X,a07 Bertram M. Kantor, Esquire Wachtell, Lipton, Rosen & Katz 51 W. 52nd Street New York, New York 10019 Re: Antitrust Civil Investigative Demand No 1D487 Dear Bertram: This letter memorializes agreements reached between us regarding the above-referenced civil investigative demand ("CID°) that was recently served on your client, Lorillard, Inc. ('Lorillard'}, Should Lorillard accept the conditions specified below, the Department of Justice would agree to defer production of certain categories of information and documents requested by the CID. If your client elects to defer production of any such information or documents, it must submit a sworn or certified statement of a duly authorized officer of Lorillard that states that: 1. Until expressly notified in writing by the Department of Justice that Lorillard need not continue to do so, your client will preserve and maintain, intact and available for production, the documents that it would have been required to produce but for our agreement to defer such production as set forth in this letter; provided, however, that the Department will notify Lorillard promptly when its investigation is closed or it makes a final determinatiorn that production of the deferred documents will not be sought; and 2. Following a request by a Department of Justice attorney involved in the above-referenced investigation or any resulting litigation therefrom that any deferred information or documents be produced, your client will use its best efforts to produce such information and documents as soon as possible, and will produce such documents within 20 days after receiving the request and such information within 60 days, unless some other Z0a Ii£'0N L6Z£ St7S ZTZi -- NOidI-l 712iHOdP1 b£:0T b6i00i80

time is agreed upon; provided, however, that nothing herein shall bar Lor311ard from objecting to or exercising any right that it may have to prevent the production of deferred information or documents; nor, however, does this letter confer to Lorillard any additional rights to object to or seek to prevent the production of deferred information or documents. Pursuant to these conditions, the agreements between us regarding deferral of particular categories of information and documents requested by specific paragraphs of the CID are set forth below: 1. Time Period: In response to Interrogatory Requests 1, 2, 5, 6, 12, 13, 15, 16, 17 and 25, Lorillard may defer production of information prior to January 1, 1975. In response to Interrogatory Requests 3, 4, 14, 20, 21, 22, 23, 24 and 26, Lorillard may defer production of information prior to January 1, 1985. In response to all relevant interrogatory requests, Lorillard may defer identifying'and producing documents dated before January 1, 1985 and after January 12, 1994. 2. Inter,roaatory Requests 1 and 2: Lorillard may defer production of information ;egarding its present or former officers and employees who had solely ministerial responsibilities related to the research, development, testing, production, sale or marketing of any fire-safe or self-extinguishing cigarettes, such as secretaries, clerks and lab technicians. Lorillard may also defer production of information regarding individuals other than its own present or former officers or employees, except that Lorillard will provide information about individuals with whom it has contracted or consulted regarding the research, development, testing, production or marketing of fire-safe or self-extinguishing cigarettes, including, but not limited to consultants who have worked for the CORESTA Task Force on Zgnition Propensity and the Cigarette Ignition Propensity Joint Venture. Furthermore, Lorillard may d€:fer productioa of information =egarding present or former officers of foreign affiliates who at no time were employed by Lorillard in the United States. 3. Interroaator_v Requests 5 and 6: Lorillard may defer production of information regarding meetings with its attorneys that occurred after January 12, 1994. -2- Z0Q TT£'ON L6ZL SbS ZIZt - NOldIl T131HOdM Sz:OT b6i80i80

4. znterrQaatory Requests 9, 10 and 11: Lorillard may defer production of information except such information as will show its domestic sales by dollars and units for each year from 1985 through 1993. 5. Interrogatory Reauests 18 and 19: Lorillard may defer identifying each health-related improvement to cigarettes that it researched, developed, studied, tested or test marketed since 1960 and that was not included in any cigarettes sold to the general public. Lorillard will, however, identify each communication between it, any other cigarette company, the Tobacco Institute, or any tobacco industry trade association related to any health-related improvement to cigarettes that it researched, developed, studied, tested or test marketed since 1960 and that was not included in any cigarettes sold to the general public. 6. in * ogatorv_Reauests 22, 23 and 24: Lorillard may defer production of information about patents or patent applications filed or obtained outside of the United States. 7. Interrooatorv Request 24: Lorillard may defer producing information about patents or patent applications filed or obtained by third parties, except for patents or patent applications brought to the attention of its present or former officers or employees by such third parties. Lorillard may defer production of information about patents or patent applications filed or obtained by any other cigarette company. Finally, the Department does not interpret interrogatory requests 3 and 4 to require the production of information pertaining egclusively to cigarette lighters. Also, the Department extends the time that Lorillard has to respond to this Civil Znvestigative Demand to September 9, 1994. Please telephone me at (202) 307-6348 should you have any questions about this letter or further wish to discuss the CID. Sincerely, - K . ( Reginald K. Tom Attorney Antitrust Division -3- b0a ITZ 'ON L6ZE SbS ZZZt •- NOldIl 1-131HOtiM SL *0T b6i60i60