Full title: Supplemental Declaration of Samuel A. Newman in support of Fifth Supplemental Declaration of Samuel A. Newman in Support of Application of Debtors Pursuant to 11 U.S.C. § 327(a) and Fed. R. Bankr. P. 2014(a) and 2016 for Authority to Retain and Employ Sidley Austin LLP As Counsel to the Debtors and Debtors In Possession Effective As of the Petition Date (RE: related document(s)90 Application to Employ, 91 Declaration, 130 Declaration, 239 Declaration, 894 Declaration, 999 Declaration). Filed by Debtor Wave Computing, Inc. (Newman, Samuel) (Entered: 01/26/2021)
Document posted on Jan 25, 2021 in the bankruptcy, 3 pages and 0 tables.
Bankrupt11 Summary (Automatically Generated)
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27 1 The Debtors in these chapter 11 cases are Wave Computing, Inc., MIPS Tech, Inc., Hellosoft, Inc.,Wave Computing (UK) Limited, Imagination Technologies, Inc., Caustic Graphics, Inc., and MIPS 28
1 ) I am a partner of the law firm of Sidley Austin LLP (“Sidley” or the “Firm”), which i7
located at 555 West Fifth Street, Los Angeles, California 90013.On May 21, 2020, 13
submitted a supplemental declaration [Docket No. 130] in further support of the Application, wit14
additional supplements filed on June 12, 2020On May 18, 2020, the United States Trustee appointed an Official Committee o23
Unsecured Creditors (the “Committee”), which selected Hogan Lovells US LLP (“Hogan Lovells”) t24
represent it during these chapter 11 cases.I was notified that Asher Rubin – the former global head of Hogan Lovells’ Lif
5 Sciences industry group, and Adriana Tibbitts – a partner in Lovells’ Life Sciences group, will joi6 the firm as partners in Sidley’s Global Life Sciences group.
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1 SIDLEY AUSTIN LLP
Samuel A. Newman (SBN 217042)
2 (sam.newman@sidley.com)
Genevieve G. Weiner (SBN 254272)
3 (gweiner@sidley.com)
Julia Philips Roth (SBN 324987)
4 (julia.roth@sidley.com)
555 West Fifth Street
5 Los Angeles, CA 90013
Telephone: 213.896.6000
6 Facsimile: 213.896.6600
7 SIDLEY AUSTIN LLP
Charles M. Persons (admitted pro hac vice)
8 (cpersons@sidley.com)
Juliana Hoffman (admitted pro hac vice)
9 (jhoffman@sidley.com)
Jeri Leigh Miller (admitted pro hac vice)
10 (jeri.miller@sidley.com)
2021 McKinney Avenue
11 Suite 2000
Dallas, TX 75201
12 Telephone: 214.981.3300
Facsimile: 214.981.3400
13
Attorneys for Debtors and Debtors in
14 Possession
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UNITED STATES BANKRUPTCY COURT
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NORTHERN DISTRICT OF CALIFORNIA
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SAN JOSE DIVISION
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In re: ) Case No. 20-50682 (MEH)
)
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WAVE COMPUTING, INC., et al., )
Chapter 11 (Jointly Administered)
)
20 Debtors.1 )
FIFTH SUPPLEMENTAL
21 )
DECLARATION OF SAMUEL A.
)
NEWMAN IN SUPPORT OF
22 ) APPLICATION OF DEBTORS
) PURSUANT TO 11 U.S.C. § 327(a) AND
23 ) FED. R. BANKR. P. 2014(a) AND 2016
) FOR AUTHORITY TO RETAIN AND
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) EMPLOY SIDLEY AUSTIN LLP AS
) COUNSEL TO THE DEBTORS AND
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DEBTORS IN POSSESSION EFFECTIVE
)
AS OF THE PETITION DATE
)
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27 1 The Debtors in these chapter 11 cases are Wave Computing, Inc., MIPS Tech, Inc., Hellosoft, Inc.,Wave Computing (UK) Limited, Imagination Technologies, Inc., Caustic Graphics, Inc., and MIPS 28
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1 ) Related to Docket Nos.: 90, 91, 130, 239, 894,
) 999
2
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I, Samuel A. Newman, being duly sworn, state the following under penalty of perjury:
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1. I am an attorney at law and in good standing to practice in the State of California an5
before the United States District Court for the Northern District of California.
6
2. I am a partner of the law firm of Sidley Austin LLP (“Sidley” or the “Firm”), which i7
located at 555 West Fifth Street, Los Angeles, California 90013.
8
3. On May 11, 2020, I submitted a declaration (the “Initial Declaration”) on behalf
9
Sidley in support of the Application of Debtors Pursuant to 11 U.S.C. § 327(a) and Fed. R. Bankr.
10
2014(a) and 2016 for Authority to Retain and Employ Sidley Austin LLP as Counsel to the Debtor11
and Debtors in Possession Effective as of the Petition Date (the “Application”) [Docket No. 90]. Th12
Initial Declaration was filed concurrently with Application as Docket No. 91.2 On May 21, 2020, 13
submitted a supplemental declaration [Docket No. 130] in further support of the Application, wit14
additional supplements filed on June 12, 2020 [Docket No. 239], December 14, 2020 [Docket N15
894] and December 31, 2020 [Docket No. 999] in further support of the Application.
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4. Pursuant to Paragraph 29 of the Initial Declaration, Sidley will use reasonable effort17
during the pendency of these cases to identify any additional relevant facts or relationships, and wi18
promptly file a supplemental declaration whenever such developments are discovered, as required b19
Bankruptcy Rule 2014(a).
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5. In accordance with Paragraph 29 of the Initial Declaration, I submit this fift21
supplemental declaration (the “Fifth Supplemental Declaration”) in support of the Application.
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6. On May 18, 2020, the United States Trustee appointed an Official Committee o23
Unsecured Creditors (the “Committee”), which selected Hogan Lovells US LLP (“Hogan Lovells”) t24
represent it during these chapter 11 cases.
25
7. On July 22, 2020, this Court entered an Order Approving The Application Of Offici26
Committee of Unsecured Creditors of Wave Computing, Inc. Under 11 U.S.C. §1103 And Fed.
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2 Capitalized terms used but not otherwise defined herein shall have the meanings ascribed to them
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1 Bankr. P. 2014 And 5002 For An Order Authorizing Retention And Employment of Hogan Lovells U
2 LLP As Counsel, Effective As Of May 26, 2020 [Dcket No. 355] (the “Hogan Lovells Retentio
3 Order”).
4 8. I was notified that Asher Rubin – the former global head of Hogan Lovells’ Lif
5 Sciences industry group, and Adriana Tibbitts – a partner in Lovells’ Life Sciences group, will joi6 the firm as partners in Sidley’s Global Life Sciences group. I am informed that while at Hogan Lovell
7 Mr. Rubin and Ms. Tibbitts did not perform any services for the Committee or the Debtors, nor di8 they bill any time to the Chapter 11 Cases.
9 Pursuant to 28 U.S.C. § 1746, I declare under penalty of perjury that the foregoing is tru10 and correct to the best of my knowledge and belief.
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12 Dated: January 26, 2021 Respectfully submitted,
Los Angeles, CA
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/s/ Samuel A. Newman
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Samuel A. Newman
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