Summary Board Meeting Minutes April 23, 2021

 

Zoom 7:00am PST, 10:00am EST, 3:00pm GMT, 4:00pm CET

Present:

  • Supervisory Board Members: Arno Akkermans, Astrid Stadler, Melanie Ormos, Steve Berman, Martha Seijas
  • Management Board Members: Peter Lennon, Sergei Purewal, Michael Gallagher, George Bisnought
  • Shelby Taylor (as recorder)
  • Heidi Waggoner (as observer)
  • Adelina Popescu - Intern at HB UK LLP
  • Colleen Mahlert - Intern at HB UK LLP
  • Joanna Morin - Intern at HB UK LLP

Absent:

  • Attorneys from KVDL: Christoph Jeloschek and Michael Bacon

  1. Sergei Purewal called the Stichting Emission Claim Supervisory Board and Management Board to Order at 10:00am EST via Zoom, Welcome
  2. Convening of Supervisory Board – Chair AA
  3. Mr. Akkerman opened the convening of the Supervisory Board.
    • Conflict Check
    • New Business
      • Mr. Gallagher announced that Ms. Ormos has joined the Board and welcomed her. This appointment completes the Board.
      • Mr. Purewal welcomed Ms. Ormos.
      • Mr. Gallagher welcomed Ms. Waggoner from the Hagens Berman Seattle Team. She leads the marketing and lead generation team. He welcomed the interns.
      • Mr. Akkermans closed the convening of the Supervisory Board.
  4. Convening of Management Board – Chair – SP
    • Mr. Purewal opened the convening of the Management Board.
  5. Approval of March Meeting Minutes – SP
    • Mr. Purewal asked the Board Members whether there are corrections to be made to the Minutes from the last Board Meeting. No corrections had to be made.
    • Mr. Gallagher clarified that there is no need for a procedural vote on the Minutes.
    • Mr. Purewal moved on to item 5.
  6. Mercedes Litigation Update – KVDL
    • There were no KVDL Team Members present. Mr. Bacon had taken ill and Mr. Jeloschek had a Court hearing.
    • Mr. Gallagher shared the update Mr. Jeloschek provided the same morning.
      • The Dutch Court confirmed its initial findings the afternoon of the 23rd April. The case will be moving forward with the three main phases of the litigation, with formal questions addressed and decided during the phases.
  7. Renault Litigation Updates (7 min) – KVDL
    • Mr. Gallagher updated the Board on the status of our  initial Letter Before Action.
  8. Brand Updates – Admin
    • Board Members provided input and suggestions regarding the website look, layout and content.
  9. Funding Updates – Admin
    1. Mr. Gallagher informed the Board that we are continuing to explore different funding arrangements.
  10. Opel Litigation Discussion and Vote – Admin
    • Mr. Berman stated that the circulated memos were clear and that there is no need to repeat the content. His vision for the foundation was not Mercedes centric and we should pursue any entity that is in violation of regulations and harms the environment.
    • Mr. Gallagher suggested a vote to be able to start drafting the Letter Before Action.
    • Mr. Purewal called for a vote and seconded by Ms. Seijas.
  11. Peugeot Litigation Discussion and Vote – Admin
    • Mr. Gallagher presented this new litigation effort, which is similar to the Opel Litigation. We are working on a Letter Before Action and a drafting a Writ of Summons.
    • Mr. Gallagher asked the Board to vote on pursuing the Litigation.
    • Mr. Purewal called for a vote and seconded by Ms. Seijas.
  12. Charitable Efforts Update – Admin
    • Mr. Gallagher reminded the Board that Stichtings have both a litigation component and a charitable efforts componenet policy development commitment. We are working on how to move forward for a successful mission.
    • The Board spoke extensively regarding potential Charities and processes regarding our involvement.
  13. General Discussion & Questions – Chair/Admin
    • The Board discussed the Stichting website and its’ continued eveolution.
  14. Proposed New Business – Chair/Admin
    • Mr. Gallagher thanked all members who have submitted their availability for future meetings.
  15. Close – Chair – SP
    • Mr. Purewal adjourned the meeting - 11:42am EST.

 

Summary Board Meeting Minutes March 24, 2021

 

Zoom 7:00am PST, 10:00am EST, 3:00pm GMT, 4:00pm CET

Present:

  • Supervisory Board Members: Arno Akkermans, Steve Berman, Martha Seijas, Astrid Stadler
  • Management Board Members: Peter Lennon, Sergei Purewal, Michael Gallagher, George Bisnought
  • Attorneys from KVdL: Christoph Jeloschek and Michael Bacon
  • Melanie Ormos- as observer
  • Shelby Taylor (as recorder)
  • Adelina Popescu - Intern at HB UK LLP
  • Colleen Mahlert - Intern at HB UK LLP
  • Joanna Morin - Intern at HB UK LLP

Absent: None


  1. 10:00am EST Call to Order of the Stichting Emission Claim Supervisory Board and Management Board, Welcome
  2. Convening of Supervisory Board – Chair AA
    • Mr. Gallagher welcomed everyone and introduced Melanie Ormos as an observer.  Ms. Ormos has significant charitable and foundation work experience and is a potential new Management Board Member.
    • Mr. Akkermans closed the supervisory board.
  3. Convening of Management Board- Chair SP
    • Mr. Purewal welcomed everyone and proposed to move onto item 4 of the agenda, approval of the minutes.
  4. Approval of February Meeting Minutes- SP
    • Mr. Purewal put forth a motion to approve the February 2nd and February 19th Meeting Minutes.
    • Ms. Seijas made a motion to approve the meeting minutes, seconded by Mr. Lennon.
    • Meeting Minutes of February 2nd and 19th were approved by Mr. Purewal.
  5. Mercedes Litigation Update - KVDL
    • Mr. Jeloschek stated that we are still waiting on a decision on the proceedings, and after two Court postponements, the Court is reviewing the Docket on the 24th of March 2021.
  6. Renault litigation Updates - KVDL
    • Mr. Jeloschek provided details regarding communication with Renault.  
  7. Brand Updates
    • Mr. Purewal asked Mr. Gallagher to provide an update on Branding.
    • Mr. Gallagher gave an overview of how we are actively working with our technical partner Case Pilots to send our messaging to our claimants. 
  8. Funding Updates - Admin
    • Mr. Purewal proceeded to move to funding updates.
    • Mr. Purewal proceeded to charitable efforts.
    • Mr. Gallagher elaborated upon the Stichting’s purpose and reminded everyone that in the Netherlands a foundation is set up for both litigating the case that is aligned with the mission of the foundation but that it also bears the responsibility of advocating and performing charitable efforts.  The advocacy can take the form of lobbying, developing policy, financially contributing, or in taking part in education and outreach. This charitable effort is equal to 50% of the litigation and the other 50% of the foundations activities. The charitable efforts require an active engagement at least on a quarterly basis by the Foundation.
    • Mr. Gallagher then proposed that at the next meeting we will vote on our efforts and start preparing our activities in preparation for both the public and the court.
  9. General Discussion & Questions
    • Mr. Purewal opened the floor for general discussion and questions.
    • Mr. Purewal brought up the topic of a public summary of the board meeting minutes, and Mr. Gallagher ensured that a summary will first be provided for the attention of the board to approve and make comments upon, prior to being published on the website.
  10. New Business
    • No further proposals.
  11. Closing remarks and Conclusion

 

Summary Board Meeting Minutes February 19th, 2021

 

Zoom 7:00am PST, 10:00am EST, 3:00pm GMT, 4:00pm CET

February 19th, 2021

Present:

  • Supervisory Board Members: Arno Akkermans, Steve Berman, Martha Seijas, Astrid Stadler
  • Management Board Members: Peter Lennon, Sergei Purewal, Michael Gallagher, George Bisnought
  • Attorneys from KVdL Christoph Jeloshek and Michael Bacon
  • Shelby Taylor (as recorder)
  • Adelina Popescu - Intern at HB UK LLP
  • Colleen Mahlert - Intern at HB UK LLP

Absent: None


  1. 10:00am EST Call to Order of the Stichting Emission Claim Supervisory Board and Management Board, Welcome
  2. Nomination of Supervisory and Management Board members
    • Mr. Gallagher presented information and details regarding the proposed new Board Members: Dr. Astrid Stadler and George Bisnought.
      • Mr. Akkermans proposed a nomination of Dr. Stadler and Mr. Bisnought to join the Foundation as members of the Supervisory Board and Management Board respectively. These were seconded and the Board approved the nominations.  Mr. Akkermans then asked Mr. Gallagher to introduce Mr. Bisnought Dr. Stadler.
      • Mr. Gallagher then instructed Ms. Taylor to inform the new Board Members that they may join the meeting.
  3. Litigation Update, Discussion and Questions
    • Mr. Gallagher then asked the KVdL team, Christoph Jeloschek and Michael Bacon, to give an update on the status of the litigation.
      • Mr. Jeloschek explained how the first docket hearing will take place on March 3rd. The expectation is that the first docket hearing will concern admissibility between the three competing Foundations.
  4. Branding Update
    • Mr. Gallagher explained how our technical partner, CasePilots, has launched both our UK and NL websites.
  5. Charitable Commitments
    • Mr. Gallagher then explained how the Foundation’s existence is not only rooted in litigation, but also in creating a charitable return to the Dutch citizens. We have an obligation to both educate, inform and create a charitable value with our Foundation.
    • Mr. Gallagher then asked the board members for their proposal for charitable organizations that would reflect the mission of the Foundation.
    • Mr. Gallagher explained that we could contribute financially to charitable, advocacy or educational causes. We could also support the policies of the Netherlands 2030 emission free agenda, on educational awareness or in funding specific charitable organizations themselves.
      • Mr. Gallagher stressed that Dutch law considers litigation a charitable purpose. Additionally, we can set aside funds for future litigation or advocacy work, should we wish to do so.
  6. Foundation Administration
    • Mr. Gallagher explained how we are exploring the issue of litigation funding, and promised to update the board as the matter evolves.
    • Mr. Purewal then opened the discussion in regards to both the summary and the minutes of the last board meeting.
      • Mr. Gallagher specified that the summary would be intended to be the public document, something that we would put on the website with the Stichting formation papers as well as other documents that are required by the Claims code.
      • Mr. Gallagher said it is his understanding that it is not a requirement to put the notes on the website, however in respect to Mr. Akkermans note on the great importance of transparency, it would be an added value for the public to see.
      • Mr. Gallagher then addressed the Board and asked whether they would like to have a summary document on the website for the public to view.
    • Mr. Purewal then made a motion for the adoption of the minutes from the last board meeting.
      • Mr. Akkermans had an amendment.
      • Mr. Gallagher then asked for the proposed amended minutes motion to be seconded.
      • Ms. Seijas seconded.; passed unanimously.
      • Mr. Purewal then put forth a motion for all ‘housekeeping’ issues to be moved to the beginning of the meeting (including the approval of the minutes).
  7. Renault
    • Mr. Purewal asked Mr. Gallagher to provide the introduction to the issue of Renault as a potential new case. Mr. Gallagher asked Mr. Berman ro provide an overview.  Mr. Berman stated how the Foundation is not only focused on Mercedes, but that we have a broader mission in identifying companies that have violated emission laws. We have identified Renault, as have the authorities, and we are therefore recommending the Foundation to file a Writ against Renault.  The Stichting is set up to protect the greater interests of the emissions infringements and therefore it is within the purview of the Stichting to pursue a case against Renault.
      • Mr. Berman suggested for further research into Bosch and Renault collaboration.
  8. New Business
    • Mr. Purewal then moved onto item 10 of the agenda, new business. As there were no comments, he moved forward to close the board meeting.
  9. Closing Remarks and Conclusion

 

 

Summary Board Meeting Minutes February 2, 2021

 

Zoom 7:00am PST, 10:00am EST, 3:00pm GMT, 4:00pm CET

February 2, 2021

Michael Gallagher called the Stichting Emission Claim Supervisory Board and Management Board to Order at 10:00am EST via Zoom.

Present:

  • Arno Akkermans (Supervisory Board Member)
  • Steve Berman, Peter Lennon
  • Sergei Purewall
  • Martha Seijas
  • Michael Gallagher, (Management Board Members)
  • Shelby Taylor (as recorder)

Absent: None


  1. 10:00am EST Call to Order, Welcome
  2. Floor open for Board Description, Discussion and Questions
    • Board Member stressed the purpose of this Foundation and reiterated the importance of transparency, especially as this the Foundation’s first foray.  He highlighted the importance of focusing on the mission of the Foundation and to always place the citizens of Netherlands first; especially as collective action is a new area of the law in the Netherlands.
      • Michael Gallagher responded by reiterating the Foundation’s commitment to the citizens of the Netherlands and highlighted that the foundation will, in addition to advocating for Dutch citizens, be contributing to further advocacy work, policy and regulatory groups in the Netherlands so to further advocate on behalf of environmental issues affecting Dutch Citizens.  He stated that as evidence of our commitment to Transparency, we will include Board minutes and all Foundation details and documents on our website.  Michael discussed Hagens Berman’s and Kennedy Van der Laan’s reputations and reiterated the group’s personal commitment to environmental litigation, civil rights and consumer actions as examples of the group’s belief in the intrinsic importance of social issues.
      • A Board Member followed-up, highlighting the general newness of this law and collective actions noting the complexities of these efforts and how important it is to understand them.  Peter referenced Hagens Berman’s track record as evidence of the group’s advanced commitment to the Foundation’s mission and suggested the Dutch will find the same experience.
    • Question from Board Member discussing legal strategy (Bosch).
      • Steve Berman and Michael Gallagher responded.
    • Question from Board Member discussing legal strategy (Recalls and Litigation against Mercedes).
      • Michael Gallagher responded and follow up material will be circulated.
      • Question from Board Member regarding Dutch legal procedure (March 3, 2021 Hearing, including requirements).
        • Michael Gallagher responded.
      • Question from Board Member discussion Board Administration (range of Board Remuneration to ensure ours was suitably modest).
        • Michael Gallagher assured the Boards that the compensation was on the low-end of standard reimbursement.
      • Question from Board Member discussing legal strategy (Future Litigations).
        • Michael Gallagher responded.
    • Motion by Peter Lennon to use Robert’s Rules of Order for procedural purposes.
            Seconded by Arno Akkermans; passed unanimously.
    • Motion by Peter Lennon to appoint Sergei Purewall as Board Chair.
            Seconded by Arno Akkermans; passed unanimously.
    • Motion by Peter Lennon for Nomination of Steve Berman and Martha Seijas to Supervisory Board.
            Seconded by Arno Akkermans; passed unanimously.
    • Motion by Peter Lennon to Retain Hagens Berman UK LLP and Hagens Berman Sobol Shapiro LLP as Counsel.
            Seconded by Arno Akkermans; passed unanimously.
    • Motion by Peter Lennon to Retain Kennedy Van der Laan as Counsel of Record.
            Seconded by Arno Akkermans; passed unanimously.
    • Motion by Peter Lennon to Authorize Michael Gallagher to act as Non-voting and Non-paid Board Member Foundation Director and Transact Business for the Foundation.
            Seconded by Martha Seijas; passed unanimously.
    • Motion by Peter Lennon to Fix Remuneration of Board Members at €250/hour and to provide reasonable travel and expense reimbursement.
            Seconded by Martha Seijas; passed unanimously.
    • Administrative Issues
      • Discussion regarding meeting schedule of Supervisory and Management Boards.  KVDL has suggested that the Supervisory Board need not meet separately from Board but can advise on an ad hoc basis.
      • Discussion of Board Remuneration Process.  Members shall send invoices monthly, prepared by Michael Gallagher.  Members shall confirm the invoice and remit, via email, to the Foundation, for payment.  
    • New Business
      • Proposal of special meeting to vote on charity policy and public work performed by the Foundation and the potential addition of two Board Members.
    • Closing Remarks and Conclusion (10:57am EST)