Document ppGDG1kgGO49J522pabgR8DQD

x h l b i l (3 ' U jh ik- hose. [ / J r i i a ^ &fdof> Syngenta Crop Protection PR/Adverfeing Agency R F P September 2009 emerging media on boholf of clients with comparably complex, long-term goals. This includes general monitoring, analysis, trend identification, and message development. A team should be oriented for "first strike opportunities'' and rapid response actions. T hird-party spokesperson developm ent: Syngenta recognizes that third parties need to be nurtured ,,well in advance o f when they may actually be needed, especially in a crisis situation. The organization also needs a network o f general, everyday "go . to" sources comprising civic and opinion leaders, community-based organizations, non-profits, advocacy groups, and others who recognize and appreciate the essential nature o f our industry and all o f its applications and benefits. There arc times that the organization cannot move quickly enough to respond, or other sensitivities preclude it from doing so. The agency should demonstrate its ability to recruit/cultivate and manage the relationships of those who may speak for us when appropriate. Media buying in em battled states (cost perm itting): The program should have the flexibility to shift as rapidly as the litigation and regulatory climate. The agency should be able to undertake local and sometimes regional media-buying activities, be experienced in planning and directing issue advocacy advertising campaigns and be knowledgeable of relevant publications and broadcast media, their audience influence, and strategic value. Advertising dollars must be made to go as far as possible and a well-reasoned, targeted approach is highly valued. This includes digital media. Staff support: The scope and scale o f the project may require significant staff support and die agency is expected to have the capacity to provide such support as needed and directed. Existing Advocacy Websites Various advocacy Websites would become the responsibility o f the agency for any future design, content and navigation. The agency also will be expected to develop and manage a stakeholder/ support network database as well as maintain a current database of news and trade media for clips. This would include strategic assessment and management of wvrtv.atrazine.com and www.atrazinefacts.com to reflect developing scenarios. Audiences Primary: Media y Potential Jurore/Citizens o f Illinois and other targeted states Employees Fanners Retailers/Distributors Ag industry groups Town/city officials University researchers Secondary: State/federal legislators State/federal regulators Public health officials Community Water Systems Syngenta Crop Protection, inc. CONFIDENTIAL INFORMATION - SUBJECT TO PROTECTIVE O R D E R IN ATRAZINE LITIGATION 2004-L-000710 -EXHIBIT 1 3- Page 3 of 122 Page 2 of 5 SYN04750093 US. Chamber Developed and executed i nationwide editorial board campaign targeting over 75 mem bers of the U.S. House of Representatives. The campaign included the development and dissemination of research materials, third-party surrogate promotion, and direct outreach to editors. Notional Restaurant Association W orked with NRA members to develop and distribute response messages to activist campaigns to tax, regulate and litigate th industry in response .to misguided public messages on th e impact of restaurant foods and practices relating to public health. W shingtanJCapittti N ili a d vo cacy Regularly engage W ashington press, media placements in widely-read Capitol Hill publications include The Hill, Roll Cali Politico, National journal and many Washington-based environm ental and public health media outlets. Paid Media Campaigns Extensive paid media campaigns with many m idw estem groups, including th e Illinois Civil Justice League and th e Texas Civil Justice League (regularly 1 goes to e-to -to e with Dallas-based Baron & Budd on legislative issues in Austin). M ulti-state paid media campaigns Include efforts on behalf of leading national legal issue advocacy g roups like the American Justice Partnership, American T ort Reform Association an d US C ham ber Institute fo r Legal Reform Representative Midwest,paid media campaigns: H sn o is r Educated southern Illinois resid en ts a b o u t th e link J between Madison County Jackpot justice and the then crisis of d o cto rs fleeing th e state. Public anger led to the election of a pro-reform Supreme C o u rt justice from southern Illinois a n d recognition from Madison C ounty Chief Judge Ann Callis of th e need for structural changes in th e M adison C ounty c o u rt system. . Texas Created successful campaign by one of Texas' leading l^gal reform groups to d e fe a t trial bar efforts to expand th e state's Qui Tam o r False Claims A c t Prevailed against a coalition o f legislators elected with millions of "D em ocratic T rust" dollars - a PA C which was headed up by Baron and Budd fo u n d e r, th e late Fred Baron. M ich igan D efeated efforts by the trial bar and pro-regulatory activists, to eliminate FDA drug immunity. Passage would have made th e pharmaceutical Industry liable for products that had already been approved by th e Food and Drug Administration. Campaign featured a highly targeted multi-platform paid media e ffo rt in key legislative districts. Wisconsin D eveloped and Implem ented multiple paid m edia cam paigns,on key legal issues, budget battles, and A ttorney G eneral and Supreme C ourt- rulings. Defeated trial bar efforts to repeal joint and. several liability; reform s. Highlighted lead paint rulings th a t held m anufacturers liable even w hen th ere was no p ro o f th a t th eir p ro d u ct was used. Effort led to shift in makeup, of th e State Suprem e C o u rt .from a p ro trial bar majority to a pro-legal reform majority. Efforts featured both m ulti-m arket statew ide paid broadcast media and micro-m edia campaigns focused on narrow geo and dem o targets. Multi-Slate. Lawsuit Abuse Tax Conceived, created and executed "Lawsuit Abuse Tax" campaign th at branded lawsuit abuse as an econom ic crisis impacting middle class families. Multi-state campaign was centered on a broadcast television effort th at fed view ers to a dynamic website th at captured information on many thousands of supporters. Effort prepped the battlefield for local partners who followed up with campaigns designed to elect p ro -reform . Supreme C o u rt candidates in ta rg eted states. CONFIDENTIAL INFORMATION - SUBJECT TO PROTECTIVE O R D E R IN ATRAZINE LITIGATION 2004-1-000710 -EXHIBIT 13 - Page 13 of 122 SYN04750162 Situation Analysis Com panies have a lot a t stake in th e outcom e of media battles over litigation: c o rp o rate reputation, product image, sales, a constricted regulatory environment, stock price, and the risk of copycat lawsuits. To date, Syngenta enjoys an excellent corporate reputation, unfettered by th e type of baggage th a t is carried by Monsanto and o th e r companies. In our w ork with Syngenta, we have found th at this unblemished record provides the company credibility with regulators and environmental NGOs not enjoyed by its com petition. Importantly, Syngenta has not had to expend the vast resources o th ers have in o rd e r to repair damage to their brand caused by highly contentious legal o r regulatory disputes. s----------- ---------------------- -------- :-- -----------------:----- 1 I T h is is a w ar th a t has a lo t o ffro n ts. O ne o f the fro n ts I ix th e battle, fo r the h ea rts and. m in d s o f th e A m erir.ah j ! p eo p le. i| : - M em b er o f the C astann G roup, p la in tiffs ' attorneys that led the a ssault a g a in st th e tobacco in dustry 1 Under Trial Lawyer Assault Syngenta faces a proven trial lawyer strategy. Any defendant can count on trial lawyers to attack both th e company's pro d u ct and th e com pany's integrity. A tta ck the Product O p p o n en ts will attem pt to underm ine the science, calling th e m ethods regulators use "antiquated" and "inadequate" (if not unduly influenced by industry). They will w o rk to establish atrazine as "unsafe a t any level." T o solidify th e ir case, trial lawyers: Will seek to underm ine th e EPA, its scientific standards, its processes, and its regulatory oversight Their aim will be to scare career bureaucrats, now under a new, Democratic administration, to soften o r even reverse EPA's position on atrazine. W ill seek to find a "w histle-blow er" e ith e r incompany, in-state, at EPA, o r a t a local w a te r district to claim cover-up and retribution. e.g. Som eone.like Paul W otzka, a form er em ployee at the M innesota Pollution Control Agency, who claims he w as ftred for speaking out against atrazine. Following his dism issal from M PCA , Wotzka p in e d U C Berkeley biologist Tyrone Hayes, M N State Senator John M atty and MN State Representative K en Tschum per for a public event decrying the use o f atrazine in the state, Will escalate their attack with fu rth er accusations like th e ones Stephen Tillery has already made: T h e ir main argum ent is that the EP A h as established that atrazine is safe. W h at the lobbying records will show is that Syngenta and its trade associations were inside the room when the EPA m ade that decision. They h ad special access. Environm ental groups didn't have that k in d o f access. The public didn't even have that kin d o f access.9 A tta ck tire C o m p a n y O pponents will characterize Syngenta as a greedy, foreign company th a t is willing to poison th e w a te r that America's children drink fo r the sake of profit As w e have already seen,'oppo n en ts will a tte m p t to broaden dramatically th e discovery process in hopes of finding a run-of-the-mill com m unication th a t they can turn into a "smoking gun." This will be a memo, email o r som e other routine communication taken o u t of c o n tex t to "prove" th a t Syngenta knew all along that atrazine was dangerous but continued to produce and m arket it anyway. O n e such example is th eir citation of Syngenta's tracking of p ro state cancer levels am ong its em ployees in th e company's atrazine plant (see no. 11 in class action complaint, p. 4). . This strategy is well w orn precisely because it works, tim e after time. As you well know, th e opposing counsel in this case has team ed up before, notably in G raham v. Shell OH Co. and Exxon M obil Co., Village o f East Alton v. Pioso M o t fuels, Inc. and Thom as OH Co., inc. That, and o th e r MTBE litigation, may well provide th e roadm ap of w h at w e can e x p ect in this case, especially Baron & Budd and Tillery's successful undermining o f the CONFIDENTIAL INFORMATION - SUBJECT TO PROTECTIVE O R D E R IN ATRAZINE LITIGATION 2004-L-000710 -EXHIBIT 13 - Page 14 of 122 SYN04750163 Scope of Work Our Approach O u r communications program must be as thoroughly gamed o u t as the strategy of Syngenta's trial lawyer opponents. As with all litigation com m unications, our planning will be done in close coordination with Syngenta C ro p Protection's l^jal counsel and communications team. T he following rep resen ts o u r initial high-level thoughts. Goah Protect th e company's brand and reputation. Reinforce atrazine's reputation for safety and its value to farm ers regionally and to th e nation's agricultural industry. * Advance legal strategy outside th e co urtroom by: > Building strong public aw areness of the econom ic costs and social ramifications if the litigation succeeds Exposing the true nature of th e opposition and th e reputational costs to Madison County, Illinois - ju st emerging from its "judicial hellhole" status - th a t would result from a victory for trial lawyer firms from Texas and Missouri To advance these goals, w e p ropose a tw o-pronged approach, o n e led by th e company, th e o th e r by third-party spolcespeople and organizations. The Com pany How the company communicates and responds to press inquiries and trial law yer attacks will be as im portant as w h at it says. In all its com m unications the company must be fact-based, responsive, and accessible. W e will w ork with th e com pany to: * Provide accurate, easily digestible inform ation on issues such as th e EPA's regulatory p ro c e s s, ' Syngenta's full cooperation with i t a tra z in e 's safety, the im portance of herbicides and agricultural technology generally to A m e ric a 's agricultural/export economy, and the devastating economic impact a negative judgment w ould have on Syngenta's custom ers and farm ing communities. Develop company spokespeople, on the ground in Madison C ounty, and eventually o th e r ta r g e t states. Manage litigation communications. C onsulting do seiy with company attorneys to u n d erstan d in detail th e underlying legal issues, w e will c re a te an event tree based on foreseeable eventualities and prepare by developing messages and strategies dealing with them . This allows the legal team to fully vet com m unications w ell in advance and accelerates responses in crisis situations. W e will provide media training fo r atto rn ey s and other company spokespersons (researchers, scientists, executives) as necessary. Third Party Recruitment & Development W e will draw on deep and extensive relationships w ith leading national econom ic, agricultural and environm ental policy leaders in prestigious think tanks, policy journals and top-tier universities. Simultaneously, w e will mobilize field team s to build an impressive roster of atrazine advocates, with a prim ary focus on influencing Illinois citizens, as well as citizens of plaintiff w a te r districts in Indiana, Iowa, Kansas, Mississippi and Ohio. Third party voices include farm ers, local retailers and distributors. Granges, farm bureaus, and ag industry groups, including co rn (and sugar cane and grain sorghum ) grow ers and allied industries th a t rely on co m as a key input such as pork, beef and o th e r p ro d u c e r groups. W e will also engage allies in th e t o r t reform m ovem ent (both in Illinois and nationally) and develop academic allies who can speak on the science as authoritative, independent th ird parties. O u r efforts will include identifying su pportive state and local officials, e,g. sta te legislators o r city council m em bers w ho disapprove of a city's participation as a plaintiff. CONFIDENTIAL INFORMATION - SUBJECT TO PROTECTIVE O R D E R IN ATRAZINE LITIGATION 2004-L-000710 -EXHIBIT 13 - Page 16 of 122 SYN0475165 Third party allies will carry policy, arguments. Illustrating with their first-hand experience how vital herbicides are to farms, businesses and communities; and, if these suits are successful, w hat the co st will be, e ^ . the effect on local employment, th e squeeze on tight profit margins and potential bankruptcy of family farms, erosion of th e tax base with its effect on schools and o th e r services, and individual families (food costs). W e will seek to use third party allies to strip away plalntiffis from, the class action o r,, failing that, to shake up the plaintiffs and complicate life fo r the attorneys. The media rarely will look into th e motivations of corporate critics. Third party organizations can shed light on th e agendas driving N G O s/activist groups and th e profit motivations of the trial bar. Depending on need and financlaJ resources available, w e can develop a national spokesperson, som eone who is as adept at portraying local impacts as he/she is in addressing the economic, environm ental and agricultural Issues a t stake. Themes Clearly, as you can see from the above, every m essage w e carry will contain th e safety o f th e products, the soundness of the science and EPA regulatory process, and the economic cost to farm ers, communities and ordinary families should this litigation prove successful. It will be im portant to make th e opposing counsel part of this story: digging Into th e trial lawyer firms' past cases, highlighting th e ir questionable practices, and putting th e tw o firms on trial in th e media, through our farmers' associations, to rt reform advocates and o th e r allies. T h e narrative w e will seek to establish: trial lawyer millionaires seeking an o th e r big payment at th e expense of farm ers and families. O n a national level it will also be Im portant to fold atrazine into issues of broad public concern (mitigating global warming, feeding th e w orld, biofuels). These issues can serve as hooks for editorial board meetings, op-eds, media interviews, and meetings with state/federal legislators. National Regional Local Media W e recommend a two-fold approach to media: rapid response and a sustained local and regional campaign. '* Rapid response Regularly canvas, th e news for coverage related to Syngenta and atrazine, coordinate with appropriate spokespersons and third parties, and prepare rapid response to reporters, editors and letters-to-editor within 24 hours. Remain on call to provide strateg ic counsel for Syngenta and develop statem ents/reaction to news developments over the course of th e litigation process. Local Campaign in Madison County,; IL and Midwest Slates Key local m edia contocts Develop a thorough list of key local m edia in Midwestern states (agriculture, business, editorial page, radio/TV), prepare a to p -tier list o f rep o rters regularly covering the class action suit for regular communications from third party groups. Proactive news development C o ordinate witfi third party g roups to develop a communications timeline th at regularly feeds the new s with local events, study announcem ents, and other newsworthy communication products. Op-eds Because o f th e complexity of th e issue, an aggressive op-ed strategy should be pursued to set the record straight on atrazine. An op-ed pipeline will be developed for third-party organizations based on a broad a rray o f messaging and will be targ eted to mainstream news, business publications and key trades. Published op-eds will then serve as a marketing tool to garner additional local media coverage on TV/radio, etc. Editorial Boards Cultivate/educate local editorial boards and w ork with re p o rte rs to fully bring them up to speed on the science and facts of th e case, as well as the larger issues a t stake, i.e. th e econom ic impacts to their communities. RadiolTV Deliver a benchmark num ber of bookings on new s/talk radio, farming n etw orks and local TV each month. 19 CONFIDENTIAL INFORMATION - SUBJECT TO PROTECTIVE O R D E R IN ATRAZINE LITIGATION 2004-L-000710 -EXHIBIT 13 - Page 17 of 122 SYN04750166 W e should keep in mind th a t media is n o t just a vehicle to disseminate our message but also an im portant audience th at we have to engage and educate. It is particularly im portant th a t w e p rep are th em in advance for predictable trial lawyer tactics so that, for example, when the inevitable "smoking gun" appears, they see it for w hat it is - a typical trial bar ploy rath er than som e new, dram atic game changer in th e case. W e would look to to r t reform allies to carry this type of message. Academ ics /Think Tanks (Local & National) The trial lawyers are already drawing upon the support of a set of academics (i.e,. UC Berkeley biologist T yrone Hayes) and activists (i.e. NRD C). W e will need to develop credible ex p erts w ho can speak to the press and produce independent reports and studies in support of atrazine's safety and econom ic im portance. O u r efforts may include: Identify local university econom ist/agronom ist to author study. Examine w hat severe restrictions on herbicides would mean to th e local econom y and farm er incomes. Hold public seminar a t local land grant college/university with academic experts and press to explore these issues. Enlist national think tanks as public policy allies. E.g. Follow-up on th e pesticide conference W hite H ouse W riters Group organized at the American Enterprise Institute in W ashington, DC (see above). Second conference would examine the atrazine case as part of the overall effort to im port the EU's precautionary principle as a regulatory standard in th e U.S. It will be critical to head off political su p p o rt fo r th e case and the trial bar's atte m p ts to "turn" EPA, by engaging sen ato rs and m em bers o f congress from target states and alerting th em to th e significant econom ic im pact a change in regulation w ould have on their constituents. O u r goal would be to get several o f them to take a public stand in su p p o rt of farmers, EPA standards, and atrazine safety. Developing and Managing Advocacy Website - W e recom m end developing a new, consolidated w ebsite that would serve as the core online location for Syngenta's third-party spokespeople, an informational w arehouse for A trazine-related new s, and an advocacy resource for the targeted audiences of this effo rt After carefully assessing and reviewing' the content housed bn both www.atrazine.com and wwwatrazihefacts.com, we * would m igrate th at information to th e new website. The new campaign w ebsite would be designed to serve the following purposes: * Consolidate . www.atrazine.com and www.atrazinefacts.com under one address, distinct from the Syngenta corporate w ebsite Design th e website to appeal to the primary and secondary audiences of this initiative, w ith graphical treatm ents to reinforcing key messages To bolster the database of supporters for Syngenta, the website would provide an avenue for registration for potential supporters and advocates In th e event of future stakeholder activations, th e website would serve as a foundation to targ et federal o r state legislative bodies, sta te governments, the executive branch, o r regulatory agencies * An information center housing containing media dippings, press releases, fact sheets, and white papers See th e appendix for a sample hom epage highlighting th e type of information and creative development that w e would employ fo r Syngenta. Soc/crf Media O u r thre-tiered approach indudes monitoring, responding and engagement Moxatoring D evelop a com prehensive monitoring system of online sources (including social networks, blogs, forum s, and w ebsites o f m ainstream media) to CONFIDENTIAL INFORMATION - SUBJECT TO PROTECTIVE O R D E R IN ATRAZINE LITIGATION 2004-L-000710 -EXHIBIT 13 - Page 18 of 122 SYN04750167 Services; changes in suchdecisions and approvals are subject to Section 1.2. 4. Work Product Title to all work, reports, photographs, presentations, writings, ideas, designs and other information in any form that are created, developed, written, conceived, reduced to practice or made by WHWG (whether solely orjointly with others) as a result of or in connection with the Services performed hereunder (collectively, "Work Product") shall reside in Customer and shall constitute the sole property and Confidential Information of Customer and its affiliates and shall be subject to th confidentiality obligations set forth in Section 6 herein. WHWG shall make full disclosure to Customer of all such Work Product WHWG agrees that all Work Product that is copyrightable subject matter shall be considered "work made for hire" within the.meaning o fthe copyright laws of the United States and that Customer is and shall be the sole author of the Work Product and the so b owner o f all rights therein in perpetuity. 5. Proprietary Materials. In the course of performance hereunder, WHWG may use products proprietary to i t Such proprietary products are WHWG Confidential Information for purposes o f Section 6. Customer shall not have or obtain any rights in such proprietary products other than (i) a right to use such proprietary products as authorized by WHWG from time to time solely for purposes of performing the Customer Responsibilities or (ii) pursuant to WHWG'e standard license for such proprietary products. 6. Confidential.Information. 6.1 WHWG warrants that it is presently, and will remain, for the period of this Agreement and any extension thereof, free from any commitments that would create a conflict of interest impeding the completion of its obligations hereunder. WHWG agrees that the secrecy provisions contained in this Agreement will apply to all arrangements entered into by WHWG and third parties. WHWG also agrees to notify Customer o f any new agreements with third parties in the general area o f this Agreement and certifying to Customer the absence of any conflicts of interest arising therefrom. 6.2 Without Customer's prior written consent, WHWG agrees not to use or disclose to others, and will regard and preserve as confidential, all information obtained by it in connection with or resulting from work hereunder. WHWG shall keep strictly confidential the substance of its discussions and conversations with, and its advice to, Customer personnel relating to this consultantship, except that this Agreement shall not apply to any information which: A. is generally available to the public; B. becomes public information other than by an unauthorized act or omission by WHWG; C. as shown by written records, was known to WHWG prior to its receipt o f such information from Customer, or D. is received by,WHWG from third parties who were entitled to receive and transfer such information without obligations o f confidentiality to Customer. 6.3 Upon expiration or earlier termination o f this Agreement, WHWG agrees, if requested by Customer, to return or destroy all information received from Customer that is confidential or proprietary in nature, or n / which impacts upon any trade secrets o f Customer, including documents that incorporate all or part of m y such information, without retaining any copy or part thereof. 2- - CONFIDENTIAL INFORMATION - SUBJECT TO PROTECTIVE O R D E R IN ATRAZINE LITIGATION 2004-L-0Q0710 -EXHIBIT 13 - Page 29 of 122 SYN04588113 From: Senh To: Cc: Subject: Ford Shenry USGR : W ednesday, October 28, 2009 3:35 PM Carroll Beth USGR; Goldsmith S tev en USGR Nadel Alan USGR RE: FINAL OPED's **Attomey/Client Privileged' J a ssu m e this w ould com e out of the sam e budget a s our other com m s efforts, but A lan will need to verify. A lso , approval of this op-ed occurred while I w as out last Friday. I notice it contains the "3 0 0 0 gallons a d a y " re fe re n ce from Tim that is inconsistent with our other "21,000 gallon" reference. T his should be fixed before distributing to a third party. From: Carroll Beth USGR Sent: Wednesday, October 28,2009 4;22 PM To: Ford Sherry USGR; Goldsmith 5teven USGR C c : Nadel Alan USGR Subject: FW: FINAL OPED's **Attorney/Ciient Privileged** & H ere's th e 3 rd party question.......... I can probably ask Alex Avery b u t do w e have any m ethod for handling funding th e 3 rd party? From: Mike Burita [mailto:mikeb@ciuinnthomas.com] Sent: Wednesday, October 28,2009 11:00 AM To: Carroll Beth USGR Subject: FW: FINAL OPED's **Attom ey/Qient Privileged** Hi Beth - Hope you are well, it was nice seeing you in person again la st w eek. I've attach ed an oped th a t w e are aim ing to place on b eh alf o f a third party in a DC based publication in advance of th e SAP, m o st likely th e W ashington Times. The goal is to reach o u t to o u r likely DC allies (anti-regulatory, pro-ag, free m arket, conservative bloggers, etc.) Elizabeth W helan or th e o th e r g en tlem an a t ACSH strike m e as th e b e st p erso n to byline this piece. I know you're ex trem ely busy, b u t i was hoping th a t you m ight be ab le to h elp m e w ith a quick intro to th em so I can follow up to s e e if th e y 're in terested in signing. Thanks! Mike Burita 202.420.9361 ------ Forw arded M essage From: Eileen Doherty <edchertv(S>whwg.com> Date: Tue, 27 Oct 2009 11:53:27 -0400 To: Doug Badger <doue@ ouinnthom as.com >. Mike Burita <m ikeb(5iouinnthom as.com >. "dave.fiaknegP svngenta.com " <dave.flakne(g)svngenta.com> Subject: FINAL OPED's **A ttorney/C lient Privileged** Doug, Mike and Dave, l CONFIDENTIAL INFORMATION - SUBJECT TO PROTECTIVE O R D E R IN ATRAZINE LITIGATION 2004-L-000710 -EXHIBIT 13 - Page 36 of 122 SYN04752600 From: Seni: To: Ce: Subject: Attachments: Flakne Dave USGR Thursday, O ctober 29, 2000 5:05 PM jmoms@ ddcadvobacy.com '; Ford S heny USGR; Goldsmith Steven USGR; Nadel Alan USGR 'crobling@ jaynethompson.com'; 'jeff@ dixonandcom pany.com '; 'JGilder@ whwg.com'; !EDoherty@whwg.com'; 'jwinn@ ddcadvocacy.com'; 'doug@ quinnthomas.com'; 'm ikeb@ quinnthom as.com ' Re: 1st elected confirmed supporter - **Priviieged and confidential. Attorney work product. Prepared at the request of counsel.** tmage003,jpg .'AM s/ A ny legislative move m Illinois will need to be led by our Ag Allies... Clearly if Syngenta d ecid e s th at H is needed w e will still w an t the effort run with and through the Ag Coalition Allies' T h e last thing we want is to have legislation that is S yngenta driven with th e trial lawyers on the other side of th e issue. W e absolutely want to have Illinois farm ers and Illinois Ag R etailers (1L Voters) taking this forward. T h a t w as the reason that I helped organize a meeting today betw een Chris and Jeff and all th e key ag groups. I think they h av e a very good plan. I understand why w e want to know who will be supportive if and when we need them , but w e want to m ake su re that this d o e s n 't compromise our desire to keep the IL Ag Coalition out front leading th e se efforts. W e have a great team that is extremely committed to the cau se. I ju s t w anted to clarify how we want this to work. W e will all work to support th e se groups a s they carry any bill or resolution that we want to promote. Thanks, _ DF David Flakne Syngenta, State Government Relations 608-770-3525 From: Morrte, Jeffrey To: Flakne Dave USGR; Ford Sherry USGR; Goldsmith Steven USG*; Nadel Alan USGR Cc: croWing@jaynethompson.com ; jeff@ dixonandcompany.com ; JGtlder@whwg.com ; H5oherty@whwg.com ; Winn, J a y c e e ; doug@ quinnthom as.csm; mikeb@Quinnthomas.com Sent: Thu Oct 29 17:41:49 2009 Subject Re: 1st elected confirmed supporter - ^P rivileged and confidential. Attorney work product Prepared at the req u est of counsel.** To clarify a little bit a s I elaborated on th e 2pm call- Jeff h a s very good relationships - y e a rs and y ears of d o se knit relationships - with legislators in Springfield. W e are not asking for legislative activity at this time nor requesting they act publicly on th e issue; we are gauging the support of potential very important allies should a state or federal legislative play be the direction we decide to take. Thanks, Jeff K 1 CONFIDENTIAL INFORMATION - SUBJECT TO PROTECTIVE O R D E R IN ATRA2INE LITIGATION 2004-L-000710 -EXHIBIT 13 - Page 44 of 122 SYN04756310 From; cteve.flakne@syngema.ram To; Morris, Jeffrey; sherry.fbrd@ syngeni2.com; steven.goldsm ith@ syngent3.oom ; alan.nadeJ@syngent2 .com C c : crobiing@ jaynethompson.com; jeff@diKonandcompany.com; 3Gilder@whwg.rom; EDoherty@whwg.com ; W inn, ja y c e e ; doug@ quinnthomas.com; mikeb@quinnthomas.com Sent; Thu Oct 29-17:35:02 2009 * Subject; Re: 1st elected confirmed supporter - ^P rivileged and confidential.,Attorney work product. Prepared a t t h e request of counsel.** W e need to talk... I talked to our allies in Illinois. Jeff and Chris, it sounds like you had a great meeting. It sounded like th ere w as a general agreem ent by all that w e should not m ake this an issue this fall with legislators. T h e a g coalition is very supportive but they also don't think th at we should m ake this an issue. T h ey are also very supportive and believe th a t we can pursue e "Resolution supporting the atnazine to the sta te of Illinois" b u t this would be worked after the veto session and we would likely be able to g e t a resolution early in th e se s sio n n ex t year... ' x-- ~ -- ------- ' !* I ju s t w ant to m ake sure that we ali are aw are of the plan d iscu ssed with our Ag Allies. And that we are all working th e s a m e plan on th e sam e time line. C hris and Jeff can you chime in here with the discussion you had today with ali of the ag groups. Thanks, DF David Flakne Syngenta, State Government Relations 608-770-3525 =* ' From: Morris, Jeffrey To: Ford Sherry USGR; Goldsmith Steven USGR; Nadel Alan USGR; Flakne Dave USGR Cc: Chris Robling ; Jeffrey A. D ixon; Josh G ilder; Eileen D o h erty ; Winn, J a y c e e ; Doug B ad g er; Mike Burita Sent: Thu Oct 2 9 11:44:35 2009 Subject 1st elected confirmed supporter - **Priviieged and confidential. Attorney work product. Prepared a t th e req u est of counsel.** G ood Morning Everyone: S ta te R epresentative Patrick J. V erschoore (D-72), Vice C hairm an of th e Illinois H ouse Agriculture and Conservation C om m ittee, issupportive of our cause a n d has agreed to assist us as needed. Verschoore rep resen ts Rock Island County, located'orilhenortftw esi bonder o fth e state. 2000 census num bers indicate a median household income or roughly S38,0D0, below the national average. Roughly 20 percent o fth e county's employment com es from m anufacturing. They also se e m to have an active county farm b u reau . Their new spaper, The Q u a d C ity T im e s, co v er the D avenport, Bettendorf, Moline, Rock Island and the Q u a d C itie s area of iowa an d Illinois. Looking forward to our conversation at 2. *' ' v Thanks, Jeff Jeffrey M orris W Q A im m y 44 Canal Center Plaza | Suite 210 | A lexandria, VA 22314 o: 703-299-1279 | c 202-631-2306 |ix: 888-748-2796 jmorris@ lddcadvocacv.com 2 CONFIDENTIAL INFORMATION - SUBJECT TO PROTECTIVE O R D E R IN ATRAZINE LITIGATION 2004-L-000710 -EXHIBIT 13 - Page 45 of 122 SYN04756311 W H IT E HOUSE W R IT ER S GROUP December 2,2009 MEMORANDUM FOR SHERRY FORD FROM: The White House W riters Group SUBJECT: RQUNPUP.MEMQ As we move into the third month of our engagement with you, we thought it might be helpful to review all that we have worked on from October 7 through November 20. (n this memo we have included all collateral materials, briefings that were conducted and outreach efforts with the media, elected officials and third parties. Many of these are ongoing projects that will need to be updated periodically such as our outreach efforts with media and third party recruits. Drafted General Collateral Background M aterials Fact sheet ' ' `>l Frequently Asked Questions Atrazine Sound Science Atrazine Q&A ` October 28 Prep For Law suit Drafted four Op Ed's Outreach and development of third party signers Developed V "I.......... list of potential supporters^riirnLr~-s-tate legislature for future support as lawsuit moves forward. Recruited Allies: We had initial contact with the following and these are precisely the types of people we would approach in additional states should you decide to go that route. o State Representative Patrick J. Verschoore [D-72], Vice Chairman of the Illinois House Agriculture and Conservation Committee, is supportive of our cause and has agreed to assist us as needed. Verschoore represents Rock Island Countv. located on the northw est border of the state. 2000 census numbers indicate a median household income or roughly $38,000, below the national average. CONFIDENTIAL INFORMATION - SUBJECT TO PROTECTIVE O R D E R IN ATRAZINE LITIGATION 2004-L-00Q710 -EXHIBIT 13 - Page 73 of 122 SYN04753543 Roughly 20 percent of the county's employment comes from manufacturing. They also seem to have an active county farm bureau. Their newspaper, The Quad City Times, cover the Davenport, Bettendorf, Moline, Rock Islandand the Quad Cities area of Iowa and Illinois. o State Senator John M. Sullivan (D-47), Chairman, Majority and member of Senate President John Cullerton's leadership team. Sullivan is a family farmer whose districtborders Missouri. He has offices in Quincy and Macomb, in Adams County. It is considerably rural. The median income for a household in die county was $34,784, and the median income for a family was $44,133. The per capita income for the county was $17,894. o State Representative Don Moffitt (R-74). Moffitt sits on the House Agriculture and Conservation Committee and represents Galesburg in Knox Countv. and is also considerably rural. The median income for a household in the county was $35,407, and the median income for a family was $44,010. The per capita income for the county was $17,985. Moffitt also has a farming background. State Representative Lisa Dugan (D-79). Dugan sits on the House Kankakee County, located on the border of Indiana just south of Cook County. The median income for a household in the county was $41,532, and the median income for a family was $48,975. Dugan is a member of IBEW Local 176 and is also the former president of the Bradley-Bourbonnais Chamber of Commerce. o State Senator John Jones (R-54J. Jones is the Assistant Minority Leader of the State Senate and the Minority Spokesman on the Senate Agriculture Committee. He represents the lefferson County area in south central Illinois. The county is rural, with a median income for a household in the county was $33,555 and the median income for a family was $41,141. Prior to becoming State Senator, Jones served in the United States Air Force. November 3 Prep for SAP Editorial input on EPA docket submission Developed EPA backgrounder Extensive briefing from Tim Pastoor on various Ag studies Conducted Murder Board to prep Tim Pastoor for media interviews prior to November 3 SAP. This involved message development and developing specific Q&A for that day. Coached and took p art in all media interviews with Tim Pastoor on November 2. This also involved pitching reporters and booking interviews. Briefed by Janis McFarland and team in Washington to get a dear understanding of EPA history, process and contacts to leverage. CONFIDENTIAL INFORMATION - SUBJECT TO PROTECTIVE O R D E R IN ATRA2INE LITIGATION 2004-L-00Q710 -EXHIBIT 13 - Page 74 of 122 SYN04753544 From: Sent: To: Cc: Subject: Attachments: Clark Judge icjudge@wftwg.com) Friday, D ecem ber 1 1 ,2009 10:24 AM Nadel Alan USGR Fond S h en y USGR; Goldsmith S teven USGR; Eileen Doherty; Joshua Gilder; Adam D lu zan sk y Attorney-Client Privileged and Confidential Information: Strategy Combined Strategy.doc Alan/Sherry, L ast night we s a t the attached memo, prepared at S to ry 's request. We neglected to put on the "Attorney-Cllent Privileged and C o n fld entJal Information" notice or to address the email to Alan. Hie corrected version is attached Please dispose of the previous version Clark 1 CONFIDENTIAL INFORMATION - SUBJECT TO PROTECTIVE O R D E R IN ATRAZINE LITIGATION 2004-L-000710 -EXHIBIT 13 - Page 77 of 122 SYN04753567 From: S ent: To: Subject: Josh Gilder Doshgilder@aol.comJ Friday, D ecem ber 1 1,2009 10:32 AM Nadel Alan USGR; Ford Sherry USGR; Goldsmith S teven USGR; Kelly Dennis U SG R ; C lark Judge; Jeffrey Morris; Eileen Doherty; Adam D'Luzansky; jthom pson@ jaynethom pson.com ; Chris Robling-. v! - . . ,. . , . ,t Important intel from Illinois - ^Privileged and confidential. Attorney work pro d u ct P re p a re d at the request of counsel.** ^Privileged and confidential. Attorney work product Prepared at the request of counsel.** Alan: we'd like to set up a call today to discuss something we recently learned re Illinois. W ould you have any time after 1:30 P M ? In brief: O ur man on the ground in Illinois, Jeff Dixon, recently spoke with Mike Frerichs (D-52), w ho is vice-chair of the agriculture and conservation committee in the Illinois Senate. Mike reported that he had been asked by the Senate W hip John Cuilerton to meet with "a trail layer." The lawyer, whom Frerichs believed was Tillery (he couldn't recall the name with certainty) tried to enlist him in an effort to pass legislation to ban atrazine. Frerichs told Jeff he is a friend of the farmer and wants to do what he can. He believes that he can keep the legislation from moving in his committee. His concern is if It gets in the hands of Susan Garret, who runs the environment committee. She is also on the Senate leadership team and is tight with Cuilerton. French's wants to fight this, but says he needs "air cover" from Jeff Dixon. Look forward to speaking with you and the team at your earliest convenience. Best, Josh Josh Gilder Senior Director The White House Writers Group 1025 Thom as Jefferson Street, N W Suite 110G Washington, DC 20007 (202) 783-4600 *** **** ****>***** ** * * * * * * * * * * * * * * * i t * * - * * * * * * * * * * * * * * * * * * * * * * i CONFIDENTIAL INFORMATION - SUBJECT TO PROTECTIVE O R D ER IN ATRAZINE LITIGATION 2004-L-000710 -EXHIBIT 13 - Page 80 of 122 SYN04753756 From: Soni: To; Ce: Subject: Clark Judge (cjudge@whws.com] W ednesday, D ecem ber 0 2 ,2 0 0 9 4:51 PM Goldsmith Steven USGR Ford Sherry USGR; Eileen Doherty; Jo sh u a Gilder 30-60-90 Day Memo from WHWG Steve, Y o u have asked for a memo outlining tasks we see for the next 30,60, and 90 days. Our answer follows: Strategy To inform farmers and agricultural interests throughout target states -- particularly states that am pivotal in presidential politics -- o f a) the economic danger that EPA's anticipated actions pose to them personally;' b) td assure th a n that in using the substances in question, they have nothing to apologize for in terms o f public health and safety. To draw national media attention to developing anger and opposition in the target states -- particularly those that arc pivotal in presidential politics - raising national media questions about why the administration is, in essence, attacking the {ma economies of states critical to its reelection and its party holding Congress. To prompt members of Congresi in the target states to distance themselves from EPA, whether with a "Dear Colleague" letter or calling for a hearing to determine when the process has been bo ignored on the hasis ofpress reports and questionable science. To prompt the White House to look for ways to take the atrarire issue off the table. To create a state of affairs in which the new political leadership at EPA finds itself increasingly isolated with stories circulating that they are making unnecessary trouble for the administration and the president in key states and with key constituencies. A y V. W h y : In Washington such a state of affairs typically leads to the White House finding a way to shut down the offending activity within the errant agency. How; I Themes, Voices, Targets: Them es. We must make both the environmental (banning or curtailing atrazme would hurt, not help, the environment) and economic cases (banning o r curtailing atrazine would devastate the economies of targeted farm states and communities). Voices. W e will need appropriate people to advance each case. Some will be company employees, while some must be neither Syngenta employees n o r consultants. Environm ent: We would like to recruit two or three independent scientists, PhDs who know the research regarding atrazine and agricultural chemicals generally. We would ask them, to produce op-eds and be available for interviews regarding atrazine's safety, its environmental benefits, and the bogusness o f attacks based on news clips and papers that arc not peer reviewed in which the scientist will not release his data. Economic: Fanners and farm organizations of all lands will be our best spokespeople on economics. We need to approach them, determine the extent to which they are ready to engage their m embers and farm communities, and work out a plan they accept for activating them. Targets: We need to activate activities in two kinds o f states and Congressional districts -- those that matter to key members of Congress and those that matter to the White House. <-*. -- .... ... ..----- Congressional Districts: Syngenta's lobbying staff andDDC will be able to develop this list W h ite House Ohio, Indiana, Iowa, Kansas, and Florida have been the major battlegrounds o f presidential politics for the last several election cycle and all flipped from Bush in `04 to Obama in 0 `08. These Midwestern states are all major corn, cattle, and hog producers. * Florida has its sugar industry but also citrus. Citrus fanners use amatryn and other m arines. Florida's largest sugar producer is also one of its largest orange producers and, i f recruited, could help recruit the Florida citrus industry. IL To Do* in T arget States: E arned M edia: Scientists-. After recruiting a science team: Media; a) help them draft and place op-eds all over the term areas of the target states, b) distribute the op-eds to target editorial boards, reporters, ag radio, talk radio producers and hosts in the target states; c) offer the scientists for interviews. 1 CONFIDENTIAL INFORMATION - SUBJECT TO PROTECTIVE O R D E R IN ATRAZINE LITIGATION 2004-L-000710 -EXHIBIT 13 - Page 83 of 122 SYN04756162 Petition: Working with this science team, gather large numbers of signatures from agricultural scientists in Midwestern and Florida universities expressing confidence in alntzine and concern about the EPA process. F a rm Groups: M e d ia : O ur team will provide talking points and fact sheets to give to media. In target states, we should use farm group spokespeople to: a ) brief reporters, b) brief editorial writers, c) give radio interviews, cl) give talk radio interviews, e) sign op-eds. ' Presidential-target stoics: Be prepared to use Syngenta staff and consultants to line up interviews and briefings. These are the top priority' states and we should make sure that nothing slips. C ongressional-target stater. Rely primarily on the organizations themselves to line up media. Op-ed drafting and placement. Our team will do. R e a c h in g F arm ers Directly: Rely on the farm groups to communicate directly with farmers for making thcii views known to members o f Congress, w ith encouragement and assistance from our team as we determine it is needed. Paid Media: Radio actualities: Using both scientists and farm groups spokespeople in target states. R adio advertising: For ag radio in residential target states. I l l To Dos io National Media: NationalMedia Briefing: W SJ: B rief W all Street Journal editorial board on substance o f issue; N ational Substance Story, to use editorials at WSJ to build awareness of substantive issues (safety, environmental im pact economics) in both Washington and target states and reinforce Washington awareness o f developing problem for members and the president that the challenge to atrazine posts. Political M edia: Brief WSJ edboard and others (Politico, for example) on developing presidential politics of the issue.' N ational P olitical Story, to use story o f anger in ag areas to develop mainstream media stories about impact on Democratic Congressional majority's chances in 2010 and on presidential politics. IV . Timetable: D ay J~Jth a) recruit/brief science team; b) recruit/brief farm organizations in all target states; c) prepare briefing materials and talking points; d) prepare media lists; e) conduct initial opinion research to refine messages. D a y 31-6&. a) draft/place op-eds for both science and farm group spokespeople; b) begin media briefing schedule for farm group spokespeople (scientists made known to reporters and editorial boards but not pushed at them); c) begin radio actuality program; d) organize radio interviews for farm group spokespeople and for scientists; e) encourage farm groups reach out to members. D a y 61-90: a) continue prior activity; b) develop national stories designed to lead mtanbers of Congress to distance thernsdves from EPA and W hite H ouse to look for ways to bring EPA intofiSe: -- "" nmr Iui1 2 CONFIDENTIAL INFORMATION - SUBJECT TO PROTECTIVE O R D E R IN ATRAZINE LITIGATION 2004-L-000710 -EXHIBIT 13 - Page 84 of 122 SYN04756163 From: Sent: To: Subject: Goldsmith Steven USGR Thursday, January 14, 2010 8:31 AM Ford Sherry USGR FW: Draft Agenda for tom orrows cad W e 'd like you on th e agenda briefly this afternoon to discuss th e NPR piece (and o th er inquiries on th e PAN rep o rt). Let m e know if th ere's anything else you think w e should add this w eek. S te v e From: Eileen Doherty [mailto:edohefty@whwg.com] Sent: Wednesday, January 13,2010 6:06 PM To: Goldsmith 5teven USGR Cc: Adam DUizansky Su b je ct Draft Agenda for tomorrows call H ey Steve, H ere is a draft agenda for tom orrow 's call. Let m e know if you haue any additions to it an d w e will send it o u t in a s e p a ra te e-mail to all of the participants. AGENDA FOR JANUARY 14 EPA/SAP Media O utreach for February SAP Op-Ed's th a t w ere rew ritten to bring up to d a t e - w e need to identify signers NPR - "Living On Earth" - Sherry to brief ev ery o n e on th e Pastoor Interview on th a t show ILLINOIS LAWSUIT Assign w ho will identify groups and assem ble lists of realtors/H oliday Shores residents/grow ers Determine collateral materials needed for briefing these folks D eterm ine w ho will actually be reaching o u t to th e s e individuals Editorial Board m eetings for Illinois papers slated for Feb/M arch T hat is w hat I have. Please! e t m e know if you have an y additions and w e will send out to th e group ASAP. Thanks Steve, Eileen l CONFIDENTIAL INFORMATION - SUBJECT TO PROTECTIVE O R D E R IN ATRAZINE LITIGATION' 2004-L-000710 -EXHIBIT 1 3- Page 87 of 122 SYN04754885 PRIVILEGED AND CONFIDENTIAL, PREPARED AT THE REQUEST OF ATTORNEY January 25,2010 MEMORANDUM FOR ; ALAN N ADEL FROM CLARKS. JUDGE WHITE HOUSE WRITERS GROUP, INC. REGARDING ATRAZINE: STRATEGIC ISSUES Following is our memo on'strategy and budget for addressing the EPA challenge. The memo looking bade on the last four months w ill com e later. The list o f activities and deliverables is long and w ill require a little more time to assemble. M am a .. Core messages w ill be: a) atraztne is safe; b) banning or curtailing use o f atrazine would hurt, hot help, the environment; c) banning or curtailing atrazine would devastate the form econom ies m coin, sugar, b eet hog and chicken growing states and communities; d) EPA's political leadership is undermining the agency's long- established review process; e ) EPA's m ove toward the precautionary principal represents a major change in how it ddes things w ith major ramifications for the nation: : ' -' o Science v. politics: Regarding science, it is important to keep in mind that the major players in W ashington do not understand science. W e believe this includes the new political management driving the atrazme review at EPA; Instead, W ashington understands consensus, elections and votes. So, w hile makiBg the case on science, our strategy w ill highlight that the weight o f opinion in agricultural science is against the EPA initiative and then focus on m obilizing form opinion in selected farm states, o Research: Working with Sherry and Steve we have lined up McLaughlin . & A ssociates to refine m essages targeted beyond the narrow groups and officials active on atrazine issues. Target formers and agricultural interests thnnqjhout target states: a) to darify for them the econom ic danger that EPA's anticipated actions pose to them personally; b) to assure them that use o f atrazme is consistent with public health and safety; c) to inform them o f the EPA's deviation from its iong-estitidished process and standards; d) to help them voice their concerns Target the v a k m ^ o iity o f agricultural sdentists who understand the safety and benefits o f agricultural chem icals generally and atrazine specifically: to help them voice their concerns. Subsequently target national media: as formers and scientists become more vocal, w e w ill draw the national m edia's attention to them -- particularly to those in V r y CONFIDENTIAL INFORMATION - SUBJECT TO PROTECTIVE O R D E R IN ATRAZINE LITIGATION 2004-L-000710 -EXHIBIT 13 - Page 92 of 122 SYN04750338 states pivotal in presidential politics --raising questions about w hythe administration is attacking the farm econom ies o f states criticalto its redecdon and to its party holding Congress. The goalw ill be to prompt members ofC ongress in the target states to distance themselves from EPA through: a) a "Dear Colleague" letter, b) calling for a hearing to determine why the normal process has been ignored on the basis o f press reports and questionable science; c) asking pointed questions at normal oversight and appropriations b ean ies; or d) by whatever means they see fit. With stories circulating that they are malting unnecessary trouble for the administration and the President m key states and with member o f Congress distancing them selves from them, the new political leadership at EPA will be seen as a liability to pre/iiditnt^ Endgame: In Washington such a state o faffairs typically leads to the White House finding a way to shut down the offending activity within the problem agency. Plan: i Them es, Voices, Targets Them es: We must make both the human healthfenvironmental case (a tru ise is safe and banning or curtailing it would hurt, not help, the environment) and economic cases (banning*or curtailing atrarine would devastate the economies o f targeted form states and communities). Voices: We w ill need appropriate people to advance each case. Some w ill be company em ployees, but most must be neither Syngenta em ployees nor consultants. Public H ealtk and Safety/Environm ent: W e w ouldlike to recruit two or three independent scientists, PhDs who know the research regarding atrarine and agricultural chem icals generally. W e would ask them to produce op-eds and be available fiur interviews regarding strazm e's safety, its environmental benefits, and the bogusness o f attacks based on new s clips and papers that are not peer reviewed in which the scientist does not release Ms data. Econom ies: Fanners and form organization representatives w ill be our best spokespeople on econom ics. W e need to approach the various state and national farm organizations, determine the extent to which they are ready to engage their members and farm communities, and work out a plan they accept for activating them. T argets: We need to identity key Congressional districts, die states o f key senators, and states that matter in presidential campaigns where the econom ic impact ofE P A 's initiative w ill be greatest . , \ ... C ongressional D istricts: Attached is DDC's list o f twenty-eight congress members and 21 senators provided W hite House: Ohio, Indiana, Iowa, Kansas, and Florida, have been the major baidegrouads o f presidential politics for the last several election cycle and all flipped from Bush in `04 to Obama in '( . The M idwestern states are major com , cattle, and hog produoers. X V CONFIDENTIAL INFORMATION - SUBJECT TO PROTECTIVE O RD ER IN ATRAZJNE LITIGATION 2004-L-000710 -EXHIBIT 13 - Page 93 of 122 SYN04750339  N a tio m lP a litica l Story: to use story ofanger in agricultural areas to develop mainstream media stories about impact on Democratic Congresskmal majority's chances m 2010 and on presidential politics. H unk Tanks: B rief fellow s at think tanks that are natural allies in this issue. These others. Precautionary Principal: Our goal w ill be to encourage op-cd writing and other activities to advance our case on the science, the economics, and the politics. We expect that think tank fellow s together with W allS treetJournal editorial board members w ill be the writers most inclined to view the atrazine initiative as a step in instituting the precautionary principal in the United States. i Television: Television must be approached with care, but there are potential allies in it. John S tassel: For example, one major television journalist is all but certain to understand the science and econom ics o f the atrazine issue and the precautionary principal agenda underpinning it. K s name is John Stossel, and he has long been unusually influential. Stossel recently moved from ABC to Fox N ew s Channel. We have already pitched his producer on the atrazine story. W eb and Social M edia: Social media should be address several ways: B lagging Presence : W e w ill encourage one or more respected bloggers to focus on the atraane. - WikrpetBa-. W e w ill engage som eone with the knowledge and authorityto revise W ikipedia's atrazine. We anticipate a spirited battle over the page, with activist do-revising almost as fost as w e revise, going back and forth, perhaps for months. So the authority in question w ill need to be, not only knowledgeable, but enthusiastic And he or she will need to be compensated for the tim e involved, a cost that is not included in the budget below. FaceBook. W aiting with o f these authorities, w e w ill establish and maintain a pro-atrarine she on F aceB oot W e will use it to comment on news around atrazine and alert followers to upcoming events. Again, the cost o f our authority is not part o f this budget. M onitoring, responding, engaging: We w ill monitor what is said on the web and to respond to critics and orto engage allies to push forward th foots o f the case, as appropriate. R apid Response: W orking with the scientific and former allies w e assemble, w e w ill develop a rapid response team to answer print, online, and broadcast misstatements about atrazine. Following is the budget for this EPA-fbcused campaign. These fees are in addition to the retainer for H oliday Shores. CONFIDENTIAL INFORMATION - SUBJECT TO PROTECTIVE O R D E R IN ATRAZINE LITIGATION 2004-1-000710 -EXHIBIT 13 - Page 95 of 122 SYN04750341  Management, m essaging, w ritin g developm ent o f th irdp a rty allies, relation s with m cjcr opinionjou rn als -- W hite H ouse W riters G roup. Budget: News-Side M edia R elations --Quinn Thom as Budget: &20.000/month Graxsroots/W eb Support Com ponent --DDC. The grassroots component is potentially the most expensive part c f the campaign. Price w ill be a function of number o f states targeted, amount o f work that the Syngenta state relations staffhandles and that the farm organizations agree to take up. Please note that funding the grassroots piece w ill be a tremendous benefit fin- ourw ork on the media side. Expanded field capacity (i.e. over and above the Syngenta regional staff) w ill help u s deliver more local hits. Those two activities w ill have a dynamic impact on one another. So we need to get the state relations people and DDC in a room and have them agree on roles. Then w e can put a price tag on this component. Budget; Science and Think Tank A dvocates: W e believe gone funds w ill be required in this area. We need to approach the officials in the organisation* and determine what is required. Budget: Estimated at S1QQ.000 for the campaign. CONFIDENTIAL INFORMATION - SUBJECT TO PROTECTIVE ORDER IN ATRAZINE LITIGATION ,, 20Q4-L-000710 -EXHIBIT 13 - Page 96 of 122 SYN04750342 O n Jan 31, 2010, at 9:03 PM, <steven. goldsmith@.sviigenta.com> wrote: Clark, Josh - C hris has also been In discussions with th e group recently as It relates to th e litigation. W e all need to do a b e tte r of jo b o f coordinating across work flows to ensure w e don't have duplications such as this. I think this is a g reat ex am ple of h o w well connected and proactive both firm s a re in term s of achieving our goals. W e ju s t n eed to m ake sure w e 'r e sh arin g inform ation directfy betw een firms m ore consistently. C hris had been talking with Dean about settin g up a m eetin g this Thursday w ith Dean and Kurt and Alan to discuss th e c a se . Let7s m ake a tim e to talk on Monday to decide th e b e st approach for moving forw ard on this. T hanks to all for your efforts and team w ork. Steve From: Josh Gilder Sent: Sunday, January 31,2010 9:16 AM T o: Ford Sherry USGR; Goldsmith Steven USGR; Made) Alan USGR Cc: Clark Judge; Adelman Jesica USWS; Eleen Doherty; Adam D'Luzansky; ioshuaoilder@Qmail.com Subject' Federalist Society **Privileged and confidential. Attorney work product. Prepared at the request of counsel.** **Privileged and confidential A ttorney w ork product Prepared at the request o f counsel,* Sherry/Steve: Good news about our approach to the Federalist Society. This note is just by way of a heads up. Perhaps if we have a moment free during the SAP we can talk this through in person. In North Carolina, we talked about the need to enlist independent legal experts who could comment in support of our case to reporters, in already-established blogs, and in 3rdparty opeds. On Friday, Clark met with Leonard Leo, the Federalist Society's executive director, and Dean Reuter, the director of practice groups. The Federalist Society link is here: http://www.fed-soc.org/ The Federalist Society has some 30 thousand members with chapters in 60 cities across the country. It was founded by Ed Meese, Robert Bork and Ted Olson (Solicitor General under Bush), and its membership has included Supreme Court Justices Sam Alito, John Roberts and Antonin Scalia. The members are broadly free market and conservative/libertarian in orientation, and strongly informed on law and economics as it relates to regulation. Many of its members write and blog frequently. After Clark briefed Leonard on atrazine, be said he would be happy to invite SYN/WHWG to give a presentation/briefing to the executive committee of their environmental law practice. Many of the society's members take an intense interest in the field of environmental law. The executive committee meets every month. The next meeting is next Friday, which is probably too soon, but we could probably do the next one. They'd like us to give the low-down on atrazine and the EPA's move toward adoption of the precautionary principle. 2 CONFIDENTIAL INFORMATION - SUBJECT TO PROTECTIVE O R D E R IN ATRAZINE LITIGATION 2004-1-000710 -EXHIBIT 13 - Page 98 of 122 SYN04753494 CDCAdvocacy Date: To: From: Re : May 10, 2011 ' Clark Judge, Josh Gilder, W hite House W riters Group Andrew Gabron, Jeff Morris, DDC Advocacy 2010 G rasstops, G rassroots Campaign . S trategy: Target five key states for contested, nationally w atched 2010 Senate and G ubernatorial races (Florida, Ohio, Iowa, Indiana, Colorado), to engage th e ag com m unity to oppose a politicized EPA and su p p o rt th e farm economy. Campaign Scope: Florida, Ohio, Iowa, Indiana, Colorado over rolling 12-m onth period. Tactics: Engage the ag comm unity (farm ers and suppliers) in key electoral states a. Utilize DDC Advocacy C enter to engage constituents in ta rg e te d sta te s and districts to w rite letters to legislators and candidates opposing politicized EPA; supporting farms, local econom ies Success m easured by num ber of letters generated (estim ated 25-50/m onth depending on political landscape and potential); Utilize coalition w eb site to reach o u t to elec to rate, p ush m essages (m easu red by num ber of new registrants, materials downloaded, letters generated). b. Engage G rasstops Leverage DDC Advocacy field operatives to identify key influentials to co n tact ta rg eted legislators requesting th e ir opposition to th e politicization of th e EPA's SAP process regarding atrazine; and supporting farm s, local econom ies; Success m easured by deliverables g en erated: letters from state legislators, cham bers, political kitchen cabinet m em bers, and ultim ately th e targ et's signature on th e Dear Colleague (to be handled by Syngenta's lobbying team ); ' Leverage new relationships with agriculture community and key influentials to pitch ea rn e d m edia In ta rg e te d sta te s and districts via Quinn T hom as. Targeted Candidates/Lawmakers: Following are our top five target states. Each w en t for Bush in 2004 and Obama in 2008. Three are major corn producers. Florida is a m ajor sugar sta te . Colorado is large in corn and cattle. Four have U.S. S en ate seats in play this year, th e other a Democratic g o v ern o r up fo r reelection. Goal: key D em ocrats call publicly and privately for Administration to back off. Florida: Congressm an Kendrick M eek (D), C andidate for U.S. Senate Ohio: Lee Fisher (D) /Jen n ifer Brunner (D), C andidates for U.S. Senate Indiana: Senator Evan Bayh (D) incum bent in highly-contested re-election race Colorado: Senator M ichael B ennet (D), incum bent in highly-contested re-election race Iowa: Governor C het Culver (D), incu m b en t in highly-contested re-election race O RDER IN ATRAZINE LITIGATION 2004-L-000710 -EXHIBIT 13 - Page 119 of 122 c Cost: $50,000 per month A Campaign Scope: Illinois (if attorneys say OK), Arkansas, Pennsylvania, Missouri, W isconsin over rolling 12month period. Tactics: Engage the ag com m unity (farm ers and suppliers) in key electoral states, using capabilities outlined above. Pennsylvania and W isconsin could be in play in 2010 a fte r going fo r th e p resid en t in 2008. The narrowest SOP win in 2008, Missouri could be, too. M eanw hile, an Illinois W hite House Is likely to be especially sensitive to d evelopm ents in Illinois. The o pen S en ate s e a t will give friends o f th e president and his senior staff fre q u e n t reasons to deliver updates. Arkansas is on because of Lincoln. Targeted Candidates/Lawmakers Pennsylvania: Senator Arien S p ecter (D), incum bent in highly-contested re-election race Missouri: Kit Bond is retiring. D em ocrats hold th e o th e r S enate s e a t and th e governorship. The president lost th e sta te s in 2008 by 0.14%. This has to be a sta te to which th e W hite House pays close attention. Arkansas: Senator Blanche Lincoln (D), in cum bent in highly-contested re-election race Illinois: Open Senate Seat, C ongressm an M ark Kirk (R) vs. Alexi Giannoulias (D) Wisconsin: Senator Russ Feingold (D) m ay face tough challenge from fo rm er Gov. Tommy Thom pson Because of the importance of corn to their econom ies, we were tem pted to add M innesota and Nebraska, p erhaps even South Dakota, to the list. But no S en ate seats are up in M innesota an d N ebraska in 2010. South Dakota's John Thune faces reelection, b u t is utterly safe. And none o f th e se sta te s is likely to be a swing sta te in the next presidential contest. Cost: $10,000 per state, per month Each targ eted legislator will receive, over th e c o u rse of th e campaign, 25 - 50 grassro o ts letters from constituents per month of active grassro o ts cam paign, contacts from "Key Influentials" (state legislators, business and comm unity leaders, and political kitchen cabinet m em bers, am ong oth ers), and w e will work with Quinn Thomas to generate opportunistic earned m edia in the form of opinion editorials, letters to the editor, editorial board meetings, and radio interview s. ."Key influential" contacts in d u d e le tte rs w ith app ro p riate letterhead, calls/emails to senior staff m em bers a n d /o r th e legislator, direct m eetings w ith senior staff m em bers and/or th e legislator, and "Intercepts" - direct im prom ptu contact with legislators as social and official events. It should be no ted th at, In o rd e r to b e fully effective, w e will n eed to work closely w ith Syngenta's sta te relations team in ord er to appropriately engage industry allies as well as th o se no t directly co n n ected to Syngenta's staff. If a ta rg e t has sufficiently su p p o rte d o u r position in advance of th e proposed tim eline, it is possible to "shut down" th e target and replace them with new targets. CDCAdvocacy CONFIDENTIAL--U nauthorized distribution prohibited. CONFIDENTIAL INFORMATION - SUBJECT TO PROTECTIVE O R D E R IN ATRAZINE LITIGATION 2004-L-000710 -EXHIBIT 13 - Page 120 of 122 SYN04755936