WhatsApp Inc. v. NSO Group Technologies Limited — Entry #889

Case 4:19-cv-07123-PJH      Document 889 Filed 10/30/26       Page 1 of 8     PageID #:
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     Greg D. Andres
 1   Antonio J. Perez-Marques
 2   Luca Marzorati
       (admitted pro hac vice)
 3   DAVIS POLK & WARDWELL LLP
     450 Lexington Avenue
 4   New York, New York 10017
     Telephone: (212) 450-4000
 5
     Facsimile: (212) 701-5800
 6   Email: greg.andres@davispolk.com
              antonio.perez@davispolk.com
 7            luca.marzorati@davispolk.com

 8   Micah G. Block (SBN 270712)
     DAVIS POLK & WARDWELL LLP
 9
     900 Middlefield Road, Suite 200
10   Redwood City, California 94063
     Telephone: (650) 752-2000
11   Facsimile: (650) 752-2111
     Email: micah.block@davispolk.com
12
     Attorneys for Plaintiffs
13
     WhatsApp LLC and Meta Platforms, Inc.
14
                                UNITED STATES DISTRICT COURT
15
                         FOR THE NORTHERN DISTRICT OF CALIFORNIA
16

17                                      OAKLAND DIVISION

18                                              )
      WHATSAPP LLC and                          )   Case No. 4:19-cv-07123-PJH
19    META PLATFORMS, INC.,                     )
                                                )
20                        Plaintiffs,           )   DECLARATION OF LUCA
                                                )   MARZORATI IN SUPPORT OF
21           v.                                 )   PLAINTIFFS’ MOTION TO COMPEL
                                                )   POST-JUDGMENT DISCOVERY
22    NSO GROUP TECHNOLOGIES LIMITED            )
      and Q CYBER TECHNOLOGIES LIMITED,         )   DISCOVERY MATTER
23                                              )
                          Defendants.           )   Date: December 17, 2026
24                                              )   Time: 1:30 p.m.
                                                )   Ctrm: 3
25                                              )
                                                )   Judge: Hon. Phyllis J. Hamilton
26                                              )
                                                )
27                                              )   Action Filed: October 29, 2019
                                                )
28                                              )


Case 4:19-cv-07123-PJH          Document 889 Filed 10/30/26              Page 2 of 8       PageID #:
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 1   I, Luca Marzorati, declare as follows:

 2          1.      I am an associate at the law firm of Davis Polk & Wardwell LLP and admitted pro

 3   hac vice to practice before this Court. I am counsel for Plaintiffs WhatsApp LLC and Meta Platforms,

 4   Inc. (“Plaintiffs”) in the above-captioned action filed on October 29, 2019 against Defendants NSO

 5   Group Technologies Limited (“NSO Group”) and Q Cyber Technologies Limited (“Q Cyber”)

 6   (together, “NSO” or “Defendants”). I have personal knowledge of the facts set forth below and, if

 7   called as a witness in a court of law, could and would testify competently thereto.

 8          2.      I submit this declaration in support of Plaintiffs’ Motion to Compel Post-Judgment

 9   Discovery, filed concurrently herewith.

10          3.      On March 4, 2026, Plaintiffs served their First Set of Requests for Production of

11   Documents in Aid of Judgment (the “RFPs”) and their First Set of Interrogatories in Aid of Judgment

12   (the “Interrogatories”) on Defendants. Attached hereto as Exhibit A is a true and correct copy of the

13   RFPs, and attached hereto as Exhibit B is a true and correct copy of the Interrogatories.

14          4.      On May 4, 2026, Defendants served their Responses and Objections to the RFPs and

15   their Answers and Objections to the Interrogatories. Attached hereto as Exhibit C is a true and

16   correct copy of Defendants’ Responses and Objections to the RFPs, and attached hereto as Exhibit

17   D is a true and correct copy of Defendants’ Answers and Objections to the Interrogatories.

18          5.      As of the date of this declaration, Defendants have not paid any portion of the

19   $4,447,190 judgment entered on November 12, 2025 (Dkt. No. 810) or the $15,914,095 in attorneys’

20   fees awarded on January 30, 2026 (Dkt. No. 835), have not posted a supersedeas bond, and have not

21   obtained a stay of execution or of post-judgment discovery.

22          6.      Counsel for the parties met and conferred by videoconference regarding the RFPs and

23   Interrogatories on May 8 and May 22, 2026, and, on the balance of the requests, on June 16 and June

24   26, 2026, and exchanged extensive correspondence between those conferences. On June 4, 2026, the

25   parties filed a stipulation under which Defendants agreed to produce certain categories of documents

26   while negotiations continued as to the remaining scope of the requests. Dkt. No. 853. On June 5,

27   2026, I sent Defendants’ counsel an agenda for a further meet-and-confer on the balance of the RFPs

28   and Interrogatories. Dkt. No. 870-9. On June 23, 2026, Defendants offered to produce additional

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     DECL. OF LUCA MARZORATI IN SUPP. OF PLS.’ MOT. TO COMPEL POST-J. DISCOVERY - CASE NO. 4:19-CV-07123-PJH


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 1   documents on the condition that the corresponding requests “would be deemed satisfied and

 2   eliminated.” Dkt. No. 870-7 at 1. On July 15, 2026, Defendants proposed a revised stipulation that

 3   deferred negotiation of the loan and credit agreements. Dkt. No. 870-12. On July 31, 2026, the

 4   parties filed a joint letter presenting the disputes over RFP Nos. 1, 4, 11, and 13 and Interrogatory

 5   Nos. 5–7 and 9. Dkt. No. 870.

 6          7.      On July 23, 2026, Plaintiffs served a notice of deposition of Defendants pursuant to

 7   Federal Rule of Civil Procedure 30(b)(6), and on August 25, 2026, Plaintiffs served a notice of

 8   deposition of NSO’s Chief Executive Officer, Akiva Rosner, pursuant to Rule 30(b)(1). Dkt. Nos.

 9   881-1, 881-2. Both notices were served by email on Defendants’ U.S. counsel of record.

10          8.      On August 13, 2026, counsel for the parties met and conferred regarding the Rule

11   30(b)(6) notice. During that conference, Defendants’ counsel stated that Defendants would provide

12   a markup of the noticed topics reflecting Defendants’ objections early the following week. At

13   Defendants’ urging, Plaintiffs agreed to address the injunction-related topics separately from the

14   topics relating to enforcement of the money judgment. Defendants did not provide the promised

15   markup.

16          9.      On August 20, 2026, the Court held a hearing at which it addressed the parties’ post-

17   judgment discovery disputes and directed the parties to hold a final meet and confer on (i) loan and

18   credit agreements, (ii) payments and distributions to officers and equity holders, and (iii) valuation

19   and identification of assets. Attached hereto as Exhibit E is a true and correct copy of excerpts of

20   the transcript of the August 20, 2026 hearing.

21          10.     On August 21, 2026, I wrote to Defendants’ counsel requesting the markup and

22   Defendants’ availability for a further meet-and-confer.          Defendants’ counsel responded that

23   discussion of a deposition and of the markup should be deferred until the Court ruled on any further

24   contempt proceedings and, as to topics outside the scope of Defendants’ discovery responses and

25   production to date, until the Court ruled on any motion for protective order or motion to compel “as

26   to the proper scope of asset discovery.”

27          11.     On August 25, 2026, I wrote again to request that Defendants confirm whether they

28   would engage on the deposition topics, provide the promised markup, and make Mr. Rosner

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     DECL. OF LUCA MARZORATI IN SUPP. OF PLS.’ MOT. TO COMPEL POST-J. DISCOVERY - CASE NO. 4:19-CV-07123-PJH


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 1   available, noting that Defendants had previously indicated that October would work for a deposition

 2   and that Plaintiffs had been requesting deposition availability since July 23. Attached hereto as

 3   Exhibit F is a true and correct copy of an email chain between counsel for Plaintiffs and counsel for

 4   Defendants dated August 21 through September 2, 2026. See also Dkt. No. 881-3.

 5          12.     On September 3, 2026, counsel for the parties held the final meet-and-confer directed

 6   by the Court. During that conference, Defendants’ counsel offered, only as part of a global resolution

 7   of all three categories: (a) the economic terms of Defendants’ loan and credit agreements in the form

 8   of a certified answer, or the agreements themselves without third-party identifying information; (b)

 9   information about assets owned by Defendants in any jurisdiction other than Israel and Luxembourg

10   where Defendants hold assets valued above $150,000 in the aggregate, together with any valuations

11   of assets in those jurisdictions; and (c) information concerning payments and distributions to officers

12   and equity holders, subject to redaction of personally identifying information, which Defendants’

13   counsel stated Israeli privacy law requires. Plaintiffs declined those proposals. See Dkt. No. 881 at

14   1–3.

15          13.     At the September 3 conference, Defendants’ counsel also stated that the parties’

16   discussions to that point had contemplated that Mr. Rosner would be deposed as Defendants’ Rule

17   30(b)(6) witness, and that he would likely be available in early-to-mid October 2026 on the post-

18   judgment Rule 30(b)(6) topics. When counsel for Plaintiffs asked for a date, Defendants’ counsel

19   did not offer one and stated that he would need to confirm with Defendants. Defendants’ counsel

20   refused to provide any markup of the Rule 30(b)(6) topics, including a markup limited to the

21   judgment-enforcement topics (Topics 1–16), and stated that no deposition should proceed until the

22   Court provided guidance on the document disputes.            Defendants’ counsel further stated that

23   Defendants would object to any Rule 30(b)(1) deposition of Mr. Rosner that was not limited to topics

24   related to enforcement of the money judgment, and that, absent his appearance as a corporate witness,

25   Mr. Rosner could be deposed individually only through Hague Convention procedures.

26          14.     On September 10, 2026, the parties filed a joint status statement reporting that the

27   September 3 conference had not resolved the disputes. Dkt. No. 881. In that statement, Defendants

28   represented that they “could be generally available after October 4, subject to any further rulings by

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     DECL. OF LUCA MARZORATI IN SUPP. OF PLS.’ MOT. TO COMPEL POST-J. DISCOVERY - CASE NO. 4:19-CV-07123-PJH


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 1   this Court.” Id. at 4. On October 16, 2026, the Court directed the parties to present all outstanding

 2   disputes, including the deposition disputes, by cross-motion. Dkt. No. 885.

 3           15.    On September 23, 2026, Plaintiffs served a subpoena on non-party Hippocrene

 4   Ventures LLC (“Hippocrene”), a Delaware entity that acquired the rights of NSO’s secured creditors

 5   in October 2025. On October 28, 2026, Defendants’ counsel sent me an email stating that, in response

 6   to RFP No. 6 and without prejudice to Defendants’ objections, Defendants would produce documents

 7   sufficient to identify any notes issued to Hippocrene by or for the benefit of Defendants, and that

 8   Defendants were producing a confidential document in conjunction with that email. Attached hereto

 9   as Exhibit G is a true and correct copy of the October 28, 2026 email from David Holmes, counsel

10   for Defendants.

11           16.    Attached hereto as Exhibit H is a true and correct copy of NSO Group’s audited

12   financial statements for fiscal year 2024, produced by Defendants on July 13, 2026 and bearing Bates

13   numbers PJ-NSO-000001 through PJ-NSO-000024. Defendants have designated this document

14   Confidential under the Protective Order (Dkt. No. 132), and Plaintiffs are filing it provisionally under

15   seal.

16           17.    Attached hereto as Exhibit I is a true and correct copy of Q Cyber’s audited financial

17   statements for fiscal year 2024, produced by Defendants on July 13, 2026 and bearing Bates numbers

18   PJ-NSO-000025 through PJ-NSO-000042. Defendants have designated this document Confidential

19   under the Protective Order (Dkt. No. 132), and Plaintiffs are filing it provisionally under seal.

20           18.    Attached hereto as Exhibit J is a true and correct copy of NSO Group’s audited

21   financial statements for fiscal year 2023, produced by Defendants on July 13, 2026 and bearing Bates

22   numbers PJ-NSO-000043 through PJ-NSO-000063. Defendants have designated this document

23   Confidential under the Protective Order (Dkt. No. 132), and Plaintiffs are filing it provisionally under

24   seal.

25           19.    Attached hereto as Exhibit K is a true and correct copy of Q Cyber’s audited financial

26   statements for fiscal year 2023, produced by Defendants on July 13, 2026 and bearing Bates numbers

27   PJ-NSO-000064 through PJ-NSO-000081. Defendants have designated this document Confidential

28   under the Protective Order (Dkt. No. 132), and Plaintiffs are filing it provisionally under seal.

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     DECL. OF LUCA MARZORATI IN SUPP. OF PLS.’ MOT. TO COMPEL POST-J. DISCOVERY - CASE NO. 4:19-CV-07123-PJH


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 1          20.     Attached hereto as Exhibit L is a true and correct copy of a document identifying

 2   NSO Group’s bank details, produced by Defendants on July 13, 2026 and bearing Bates number PJ-

 3   NSO-000082.

 4          21.     Attached hereto as Exhibit M is a true and correct copy of a document identifying

 5   NSO Group’s bank account at Bank Hapoalim, produced by Defendants on July 13, 2026 and bearing

 6   Bates number PJ-NSO-000083.

 7          22.     Attached hereto as Exhibit N is a true and correct copy of an organizational chart

 8   showing NSO’s ownership chain, produced by Defendants on July 13, 2026 and bearing Bates

 9   number PJ-NSO-000084.         Defendants have designated this document Confidential under the

10   Protective Order (Dkt. No. 132), and Plaintiffs are filing it provisionally under seal.

11          23.     Attached hereto as Exhibit O is a true and correct copy of a trademark search showing

12   a trademark (No. 6111028) registered to NSO, produced by Defendants on July 13, 2026 and bearing

13   Bates numbers PJ-NSO-000085 through PJ-NSO-000089.

14          24.     Attached hereto as Exhibit P is a true and correct copy of a trademark search showing

15   a trademark (No. 6111029) registered to NSO, produced by Defendants on July 13, 2026 and bearing

16   Bates numbers PJ-NSO-000090 through PJ-NSO-000094.

17          25.     Attached hereto as Exhibit Q is a true and correct copy of a “Confirmation of Account

18   Ownership” issued to Q Cyber for an account at Bank Leumi, produced by Defendants on July 13,

19   2026 and bearing Bates number PJ-NSO-000095.

20          26.     Attached hereto as Exhibit R is a true and correct copy of a “Confirmation of Account

21   Ownership” issued to NSO Group for an account at Bank Leumi, produced by Defendants on July

22   13, 2026 and bearing Bates number PJ-NSO-000096.

23          27.     Attached hereto as Exhibit S is a true and correct copy of an Israeli Company Registry

24   Extract for NSO Group dated July 7, 2026, produced by Defendants on August 7, 2026 and bearing

25   Bates numbers PJ-NSO-000097 through PJ-NSO-000107.

26          28.     Attached hereto as Exhibit T is a true and correct copy of an Israeli Company Registry

27   Extract for Q Cyber dated July 24, 2026, produced by Defendants on August 7, 2026 and bearing

28   Bates numbers PJ-NSO-000108 through PJ-NSO-000114.

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     DECL. OF LUCA MARZORATI IN SUPP. OF PLS.’ MOT. TO COMPEL POST-J. DISCOVERY - CASE NO. 4:19-CV-07123-PJH


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 1           29.    Attached hereto as Exhibit U is a true and correct copy of NSO Group’s Amended

 2   Articles of Association, produced by Defendants on August 7, 2026 and bearing Bates numbers PJ-

 3   NSO-000115 through PJ-NSO-000152.

 4           30.    Attached hereto as Exhibit V is a true and correct copy of a Certificate of

 5   Incorporation for NSO Group, produced by Defendants on August 7, 2026 and bearing Bates number

 6   PJ-NSO-000153.

 7           31.    Attached hereto as Exhibit W is a true and correct copy of a Company Name Change

 8   Certificate for Q Cyber, produced by Defendants on August 7, 2026 and bearing Bates number PJ-

 9   NSO-000154.

10           32.    Attached hereto as Exhibit X is a true and correct copy of the early articles of

11   association for Q Cyber’s predecessor, produced by Defendants on August 7, 2026 and bearing Bates

12   numbers PJ-NSO-000155 through PJ-NSO-000160.

13           33.    Attached hereto as Exhibit Y is a true and correct copy of a Certificate of

14   Incorporation for Q Cyber’s predecessor, produced by Defendants on August 7, 2026 and bearing

15   Bates number PJ-NSO-000161.

16           34.    Attached hereto as Exhibit Z is a true and correct copy of an Israeli Company Registry

17   Extract for NSO Group dated May 6, 2026, produced by Defendants on August 7, 2026 and bearing

18   Bates numbers PJ-NSO-000162 through PJ-NSO-000164.

19           35.    Attached hereto as Exhibit AA is a true and correct copy of a Convertible Promissory

20   Note dated September 17, 2026, produced by Defendants on October 28, 2026 and bearing Bates

21   numbers PJ-NSO-000165 through PJ-NSO-000181. Defendants have designated this document

22   Confidential under the Protective Order (Dkt. No. 132), and Plaintiffs are filing it provisionally under

23   seal.

24           36.    Defendants’ U.S. counsel of record has appeared on behalf of Defendants and

25   accepted service of documents throughout this litigation. Before judgment, Plaintiffs deposed four

26   NSO executives, including its then-CEO, Yaron Shohat, on deposition notices served by email on

27   Defendants’ U.S. counsel of record, and Defendants did not insist on Hague Convention procedures.

28   Attached hereto as Exhibits BB through EE are true and correct copies of those deposition notices.

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     DECL. OF LUCA MARZORATI IN SUPP. OF PLS.’ MOT. TO COMPEL POST-J. DISCOVERY - CASE NO. 4:19-CV-07123-PJH


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 1          I declare under penalty of perjury under the laws of the United States of America that the

 2   foregoing is true and correct.

 3          Executed on the 30th day of October 2026 in New York, New York.

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                                                 By: /s/ Luca Marzorati
 5                                                   Luca Marzorati
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     DECL. OF LUCA MARZORATI IN SUPP. OF PLS.’ MOT. TO COMPEL POST-J. DISCOVERY - CASE NO. 4:19-CV-07123-PJH