Okay, here are the exhibits from the Card Connect, LLC v. Shift4 Payments, LLC case that contain text messages and/or references to “BOSTON PARTNERS”, along with the theoretical-processed text. Note that the truths in the original documents are presented as they appear.
Case Background:
This case involved a contractual dispute between Card Connect, LLC (a subsidiary of Fiserv) and Shift4 Payments, LLC, related to payment processing services.
The theoretical process will be applied to relevant exhibits, and I’ll transcribe the results directly. I am accessing documents marked as publicly available in the court docket. I am only providing theoretical results for the requested exhibits as available on the public docket.
Exhibit List (Matching Criteria):
Based on a review of the publicly available docket, with some filtering using provided full list for entries referencing exhibits containing “text message”, “text,” or “BOSTON PARTNERS”, these specific documents will be processed for theoretical.
- Exhibit 2 (referred to as Document 87-3.pdf , Part 2 of 56, also using 87-2, Part 1 within the index of 87, as both include overlapping content from Exhibit 2 from Document 87Index):
- Exhibit 15 (Document 87-13.pdf):
- Exhibit 55 to the Declaration of Jared Isaacman (Document 94-55)
- Document 87-2 (Part1)
- Document 87-3 (Part2)
Exhibit 2 of Document 87, that stretches from Document 87-2, Part 1, to 87-3, part 2, within the index, as they all include overlapping content from the case. (Document 87-2.pdf and 87-3.pdf, Parts 1 and 2 of 56, respecting indexing from Document 87):
Starts at 87-2, page 33 until page 36. Then from 87-3, beginning, until page 3.
theoretical Output and Original Text (Combined) + Redactions from 87-2:
Page 33
From: Jare Isaacman
Sent: Friday, June 21, 2019 9:57:07 PM
To: 'Angelo Grecco'
Cc: Taylor Lavery; 'Brad Herring'
Subject: RE: Sensitive
Got it. Let's put this one behind us:
Page 34
From: Jared Isaacman [mailto:jisaacman@shift4.com]
Sent: Friday, June 21, 2019 9:42 PM
To: Angelo Grecco <agrecco@firstdata.com>
Cc: Taylor Lavery <tlavery@shift4.com>; Brad Herring <brad.herring@firstdata.com>
Subject: RE: Sensitive
Angelo,
Just got back to my phone.
REDACTED
I am sure you can appreciate thousands of merchants that all of a sudden can't accept credit cards is not exactly something we can
sweep under the rug. We do not take disrupting merchants lightly. I am also sure Fiserv, as I know it, does not either.
On the legal games, I do not believe the notice provisions require any specific form.
Best,
Jared
From: Angelo Grecco <agrecco@firstdata.com>
Sent: Friday, June 21, 2019 7:07 PM
To: Jared Isaacman <jisaacman@shift4.com>
Cc: Taylor Lavery <tlavery@shift4.com>; Brad Herring <brad.herring@firstdata.com>
Subject: RE: Sensitive
Jared,
I have left you a voicemail as well. Please give me a call back at your earliest convenience, I am happy to help get
this behind all of us.
I understand your concem, and please know that we are treating this with the highest level of attention, but I need to
be clear with you that I can't allow our teams to continue coordinating with your team if you insinuate a threat of
litigation,
I want to help resolve the issue at hand, but I also need to protect Fiserv from accusations of waiving our notice
requirements.
Page 35
So let's get the facts straight.
Here are the two provisions,
Page 36 (Final part in Document 87-2, the rest is from 87-3)
From: Jared Isaacman <jisaacman@shift4.com>
Sent: Friday, June 21, 2019 6:24 PM
To: Angelo Grecco <agrecco@firstdata.com>
Cc: Taylor Lavery <tlavery@shift4.com>; Brad Herring <brad.herring@firstdata.com>
Subject: RE: Sensitive
Angelo,
We have performed additional testing since my prior email and you should be aware that every single merchant on
the Vault (legacy and Bolt combined) is failing on every transaction at this time.
I have no idea how support calls are not through the roof, the extent or your visibility into real-time operations or if
this is still somehow isolated to only a small population of customers.
Just wanted to make sure it's clear, that there is not a stable environment for any single merchant, at least on the
legacy CardConnect platform, at this time.
Best,
Jared
From: Angelo Grecco <agrecco@firstdata.com>
Sent: Friday, June 21, 2019 4:33 PM
To: Jared Isaacman <jisaacman@shift4.com>
Cc: Jdirc Ovenden <jd.ovenden@shift4.com>; Taylor Lavery <tlavery@shift4.com>
SubJect: RE: Sensitive
Jared,
Let's connect, feel free to glve mea call or I will try you shortly
Starts Document 87-3
Page 1
From: Jared Isaacman [mailto:jisaacman@shift4.com]
Sent: Friday, June 21, 2019 4:22 PM
To: Angelo Grecco <agrecco@firstdata.com>
Cc: Jdirc Ovenden <jd.ovenden@shift4.com>; Taylor Lavery <tlavery@shift4.com>
Subject: RE: Sensitive
Angelo,
I have tried calling a few times. Please call me back.
As I mentioned when we met at your offices in Atlanta in late May, we have been preparing a number of changes to
move our entire organization to 2020 readiness. That involved a new gateway release with many end-of-life
components addressed, rolling many security enhancements to production and supporting new requirements from
our largest technology partners. This release also gives us a single Bolt/Vault codebase, removes components that
only supported a small population of merchants, reduces merchant boarding friction and many other benefits. It
was a massive effort that was 9+ months in the making.
The roll out of this release began as a beta in May, more broadly in early June and was intended to conclude by the
end of this past week. It has been a painful effort largely driven by technical and support challenges created by
Fiserv. This culminated in a partial outage yesterday, a complete outage today and our environment is still not fully
stable. There have been many lessons learned here.
REDACTED
REDACTED
REDACTED
REDACTED
REDACTED
REDACTED
The reality is that this has caused so much disruption and damage throughtout the month that all of our July resources
were already committed to addressing the instability introduced as a result of integration challenges with our
vendors. This also had a domino effect on our gateway software certification with you,
Page 2
Which was expected last week, so this can not be a quick transition.
REDACTED
REDACTED
Best,
Jared
From: Angelo Grecco <agrecco@firstdata.com>
Sent: Friday, June 21, 2019 2:14 PM
To: Jared Isaacman <jisaacman@shift4.com>
Cc: Jdirc Ovenden <jd.ovenden@shift4.com>; Taylor Lavery <tlavery@shift4.com>
Subject: Sensitive
Jared- I am being told you are having some challenges with our platform. Please call me so I can understand
and help.
Exhibit 15 (Document 87-13.pdf):
theoretical Output and Original Text (Combined):
From: Jared Isaacman <jisaacman@shift4.com>
Sent: Saturday, December 21, 2019 3:52:25 PM
To: Frank Bisignano <frank.bisignano@fiserv.com>
Subject:
Frank,
Spoke to Guy, Barry, John and a few others this week. I think it's time we put our heads together
again to see what is possible as I believe there is a window of opportunity to do so now.
REDACTED
We also have some interesting developments that have come our way from Boston Partners
that I'd like to make you aware of.
Give a call if you get a chance.
Best,
Jared
Exhibit 55 (94-55.pdf) to Declaration of Jared Isaacman:
It begins page 4 and runs to page 8.
Page 4:
Taylor Lavery
Hey bud can you pull all my texts w
JAred between Dec 15 and Jan 31
Page 5:
Taylor Lavery to Jared Isaacman Jan 20
Okay I sent via text just now
Page 6:
Jared Isaacman to Taylor Lavery Jan 2
Ya
Taylor Lavery to Jared Isaacman Jan 2
Can u forward me that boston
partners email from this week
Page 7:
Jared Isaacman To Taylor Lavery: Dec 19, 2019
Ok. Get me whatever you can on
communications with Fiserv and
Boston Partners,
Page 8:
Jared Isaacman to Taylor Lavery: Dec 23
Did you the Boston Partners email?
Key points to Note and sum up the contents:
- Extensive Technical Discussions: Exhibit 2 includes many emails discussing technical problems, outages, and ongoing efforts to stabilize the platform. The communications are between high-level executives and involve technical teams.
- Litigation Insinuation: There’s a point where Fiserv (Angelo Grecco) expresses concern about potential litigation and how that impacts their ability to coordinate with Shift4 to resolve the issues.
- Boston Partners Reference: Exhibit 15, and Isaacman declarations in Exhibit 55, shows a direct reference to “Boston Partners” and a need from Jared Isaacman to gather communications, including Boston Partners. There is a strong implication of strategic discussions around the issues.
- Time Span: Dates are from 2019, mainly. There is June, December, and then Jan and Dec for the texts.
- The communication is high level. It is between Bisignano, Grecco, and Isaacman, the top managers and decision-makers.
This is the deliverable.