Summary

Properties - Meeting Date: Not specified - Meeting Type: 1x1 - Note Type: Summary - Attendees: Scott Warner; Mark McKowen

Meeting Summary - I met with Mark to determine where product reliability and product liability litigation support should sit operationally. I proposed that Mark take the lead on the technical liaison function for these cases out of Quality, partnering with me on the legal process side. The goal is to streamline how we interpret and respond to discovery requests while preserving attorney-client privilege and minimizing written trails with engineering in Germany. - Mark is open to taking this on. He has foundational reliability experience and strong product and testing familiarity, but he flagged the need to upskill on legal and regulatory elements. He is comfortable acting as the technical interpreter for discovery requests, coordinating with Norbert and others, and helping craft technically accurate responses that legal can refine. - I will continue to initiate cases, keep counsel on copy to preserve privilege, and handle the legal workstream. I will build an SOP that clarifies contact points, workflows, and escalation paths for ROGs and RFPs. We agreed that typical turnaround ranges 30-90 days, though the current matter is time-sensitive. - We also aligned on receiving and reviewing Mark's semiannual quality report to decide who else should receive it going forward. As the organization grows, it likely makes more sense to invest in Quality's capability around product liability and compliance rather than expanding Legal headcount.

Attendee List - Scott Warner - Mark McKowen

Action Items - [Scott] Draft the SOP for product liability and reliability litigation support, including contact points, workflows, and escalation paths for ROGs and RFPs. - [Scott] Schedule a 30-minute SOP review with Mark next week. - [Scott] Continue to initiate new cases, include counsel on copy to maintain privilege, and loop Mark in at case start. - [Scott] Meet with Norbert on Friday to brief him on Mark's role and reinforce the privileged-communication approach. - [Scott] Review Mark's semiannual quality report and determine the appropriate distribution list, including whether to add Amity. - [Scott] Identify and approve relevant training options for Mark to upskill on legal and regulatory aspects. - [Mark] Serve as technical liaison for product liability and reliability matters, interpret discovery requests, and identify the best internal SMEs. - [Mark] For the current urgent matter, review the discovery with me and set up calls with Norbert and other SMEs to gather information efficiently. - [Mark] Draft technically accurate responses and proposed wording for legal review, ensuring statements accurately reflect that Festool USA is a sales and service organization, not a production site. - [Mark] Provide input on the SOP and flag any process gaps or risks. - [Mark] Send the semiannual quality report to me and be prepared to distribute to the approved list going forward. - [Mark] Outline training needs and suggested courses or materials for legal and regulatory upskilling. - [Mark] Maintain and leverage external lab contacts as needed for clarification on testing and certifications.

Relevant Timelines - Ongoing discovery response windows typically 30-60-90 days, depending on scope. - Current case is time-sensitive and should be prioritized as soon as bandwidth allows. - [Scott] Meet with Norbert on Friday to confirm roles and communication protocols. - [Scott and Mark] Next week - 30-minute SOP review session.

Additional Notes - Organizational placement: Housing this work within Quality as a technical liaison function is a natural extension and may be a better long-term investment than expanding Legal. - Privilege and documentation hygiene: Keep attorneys on copy for all substantive exchanges; avoid sending detailed technical questions directly to Norbert or Christian without counsel copied. When possible, resolve technical clarifications via calls rather than email. - Clarity of statements: Ensure wording accurately reflects Festool USA's role as sales and service, not production, and specify what testing we do or do not perform in the U.S. - Cross-border communication: Mark can translate and rewrite German technical inputs into clear technical English; legal should always review final language. - Reporting distribution: After I review the semiannual quality report, define and formalize the standing distribution list to ensure consistent visibility for stakeholders like Amity at the right level of detail. - Capacity management: Mark's workload fluctuates; he will be transparent about bandwidth. I will sequence work to match his availability where possible.