Here’s the Information Virgin Galactic Has Sought From Firefly

Tom Markusic
Tom Markusic

In Virgin Galactic’s arbitration procedure against its former Vice President of Propulsion, Tom Markusic, Sir Richard Brnason’s space tourism company has sought a broad range of documents in its effort to prove that Markusic violated his employment contract and took proprietary information in setting up a rival company, Firefly Space Systems.

Earlier this week, Firefly co-fouder and board member P.J. King filed suit in Los Angeles seeking to set aside a subpoena signed by arbitrator Louise LaMothe seeking documents from him. Virgin also has requested documents from Firefly and director Michael Blum.

The information below shows the documents requested in the subpoenas served to King, Firefly and Blum. The materials include employment contracts, organizational charts, specifications for engines and launch vehicles, development schedules, financial statements and other documents.

Virgin Galactic also has sought information about communications King and Blum have had with reporters and other media. There is also a series of requests for information related to a series of Tweets and Facebook posts that Blum made following the crash of SpaceShipTwo on Oct. 31, 2014.

Virgin Galactic has offered to narrow the scope of the information requested, but Firefly has said the scope and terms are unacceptable.

Documents to be Produced

Firefly Space Systems

All documents relating to

  • the arbitration.
  • Firefly’s formation.
  • trademark applications relating to Firefly.
  • business plans for Firefly, including without limitation document titled “firefly_plan_rev11.pptx,” and all prior and subsequent versions of such document
  • any investor pitches to Firefly.
  • the solicitation of investment or equity capital for Firefly, including prospectuses and all similar or related documents.
  • marketing materials for Firefly.
  • the identify of any person holding more than 5% of the voting securities in Firefly.
  • the identity of all officers and directors of Firefly.
  • the identify of all employees of Firefly.
  • Firefly’s organizational structure, including documents relating to organization charts, job descriptions, and employee directories.
  • any meeting of the Firefly’s Board of Directors, including all agenda, minutes, or summaries of such meetings.
  • any current or former interest of Firefly in real property, including commercial leases.
  • Firefly’s finances, including all quarterly and end-of-year financial statements since January 1, 2013.
  • document maintenance system used by Firefly between January 1, 2013 and the present.
  • Firefly’s practices, policies, and procedures for ensuring that Firefly’s employees do not incorporate propriety and/or trade secret information or their former employers into any work performed on behalf of Firefly.
  • any grant, attempted grant, or negotiation for any grant of any right, title, interest, or license in any intellectual property to or from Firefly.
  • any agreement (e.g., employment agreement, non-disclosure agreement, intellectual property assignment agreement, etc.) between you and (i) Markusic; (ii) Michael A. Blum; and (iii) Patrick Joseph King.
  • any agreement (e.g., employment agreement, non-disclosure agreement, intellectual property assignment agreement, etc.) between you and any current or former Virgin Galactic employee, contractor or consultant.
  • any development milestones (e.g., preliminary design reviews, conceptual design reviews, critical design reviews, etc.) for any space vehicle or space vehicle engine currently under development by Firefly.
  • specifications or other engineering requirements documents relating to the development of any space vehicle or space vehicle engine currently under development by FireFly.
  • show the current progress or status of any space vehicle, space vehicle engine, or any components thereto currently under development by Firefly.
  • the layout and technical characteristics of your test facility and related equipment (whether planned or actually built) for hot-fire rocket engine testing.
  • development or planned development of any space vehicle or space vehicle engine by Firefly prior to Markusic’s resignation from Virgin Galactic on January 9, 2014.
  • the identity of all subcontractors and consultants retained by Firefly.
  • the following contractors and consultants including but not limited to all correspondence, proposals, consulting and related agreements, statements of work, invoices, and any work product provided by such contractor and/or consultant:
    • Graham Orr and/or Space Energetics LLC;
    • Cimarron Composites;
    • Microcosm, Inc.;
    • Carbon-Carbon Advanced Technologies (“C-CAT”);
    • Sierra Engineering, Inc.;
    • Barber-Nichols.
  • such communications, with Markusic prior to January 10, 2014.
  • referencing Virgin Galactic.
  • any former employee, consultant, or contractor of Virgin Galactic becoming or planning to become an employee, consultant or contractor of Firefly, including without limitation:
    • documents relating to your knowledge of the resignation or planned resignation of any current or former Virgin Galactic employee, consultant or contractor from Virgin Galactic to provide services to Markusic and/or Firelfy.
    • documents relating to any offer or employment or consultancy with Firefly extending to any current or former employee, contractor, or consultant of Virgin Galactic.
    • communications, or documents relating to such communications, between you and any current or former employee, contractor, or consultant of Virgin Galactic during their employment with Virgin Galactic.
    • terms of employment by Firefly or any former Virgin Galactic employee, including but not limited to Markusic.
  • your employment and/or engagement as a consultant or otherwise of each of Trevor James, Les Martin, Jared Cuneo, Ovidiu Mihai, Karl Belcher, Mladen Doncher, Mike Colonno, Tom Delay, Kendall Robertson, Zia Qadir, Graham Orr, and/or David Wright.
  • all documents, including electronically stored information and engineering notebooks, of which you are aware, that were (i) originated by or created by Virgin Galactic, or a person who was employed or retained by Virgin Galactic at the time at the time or origination or created; or (ii) transferred, copied, or otherwise taken from Virgin Galactic by or on behalf of Markusic or Firefly.
  • all portable storage devices used in connection with any Virgin Galactic Computer, including without limitation the following devices: [LIST OF DEVICES]
  • any of the following file names or had such file name at any time, including copies, drafts, versions, variations, and/or derivatives of any such document: [See list of documents below]
  • any contractual relationship and/or any prospective economic advance that you content has been interfered with (and all docunments related to any such alleged interference) as a result of any action by Virgin Galactic.

Co-Founders P.J. King & Michael Blum

All documents in your possession, custody, or control relating to

  •  the Arbitration.
  • Virgin Galactic.
  • Markusic’s Virgin Galactic employment, including but not limited to all documents.
  • work Markusic performed, directed, or managed while he was a Virgin Galactic employee; Markusic’s decision to resign, and actions taken by you, Markusic or any person related to his departure.
  • any effort taken by or directed by you to form Firefly as a business entity.
  • any business plans for Firefly created by, contributed to, or directed by you.
  • any efforts taken by or directed by you to solicit investment or equity capital for Firefly.
  • any marketing materials for Firefly prepared by, contributed to, or directed by you.
  • any meeting of Firefly’s Board of Directors, including all agendas, minutes, or summaries of such meetings.
  • any agreement (e.g., employment agreement, non-disclosure agreement, intellectual property assignment agreement, etc.) between you and Firefly.
  • any development milestones (e.g., preliminary design reviews, conceptual design reviews, critical design reviews, etc.) for any space vehicle or space vehicle engine currently under development by Firefly that were prepared by, contributed to, or directed by you.
  • specifications or other engineering requirements documents relating to the development of any space vehicle or space vehicle engine currently under development by FireFly that were prepared by, contributed to, or directed by you.
  • show the current progress or status of any space vehicle, space vehicle engine, or any components thereto currently under development by Firefly.
  • communications, and documents related to such communications, between you and any subcontractor and/or consultant retained by Firefly.
  • your visit to Virgin Galactic’s facility in Mojave, California on or about March 28, 2013, including any subsequent or follow-on communications with any person relating to the March 28, 2013 visit.
  • such communications, with any person relating to Markusic, Virgin Galactic, or any effort to start a commercial space company prior to January 10, 2014.
  • such communications with any person, including but not limited to investors, reporter,s or other members of the media relating to Virgin Galactic’s safety record and/or development program.
  • all communications, and documents relating to such communications, with Markusic prior to January 10, 2014, including without limitation documents relating to or memorializing any meeting (whether in-person, telephonic, or otherwise) between you and Markusic between March 1, 2013 and January 10, 2014.
  • all documents, including electronically stored information and engineering notebooks, of which you are aware, that were (i) originated by or created by Virgin Galactic, or a person who was employed or retained by Virgin Galactic at the time at the time or origination or created; or (ii) transferred, copied, or otherwise taken from Virgin Galactic by or on behalf of Markusic or Firefly.
  • any former employee, consultant, or contractor of Virgin Galactic becoming or planning to become an employee, consultant or contractor of Firefly, including without limitation:
    • documents relating to your knowledge of the resignation or planned resignation of any current or former Virgin Galactic employee, consultant or contractor from Virgin Galactic to provide services to Markusic and/or Firelfy.
    • documents relating to your knowledge of any offer or employment or consultancy with Firefly extending to any current or former employee, contractor, or consultant of Virgin Galactic.
    • communications, or documents relating to such communications, between you and any current or former employee, contractor, or consultant of Virgin Galactic during their employment with Virgin Galactic.

Co-founder Michael Blum Only

All documents relating to or supporting any statements you have made on social media relating to Virgin Galactic, including without limitation the following statements:

  • The statement posted on your Twitter account on or about October 31, 2014, reading: “Confirms what many have known for a while: This rocket motor was never going to make it to space. @CNN @virgingalactic”;
  • The statement posted on your Twitter account on or about October 31, 2014, reading: “Joel Glenn Brenner on @CNN now talking openly about how @virgingalactic technology was not adequate. Finally — the story is out”
  • The statement posted on your Twitter account on or about February 1, 2015, reading: “The truth about @virgingalactic is coming out. Telegraph.co.uk/news/worldnews…”;
  • The statement posted on your Facebook page on or about February 4, 2015, reading: “Rumor @virgingalactic winds down sales & marketing, seeks no new customers. Source exp 2yrs redesign work after @NTSB report in late ’15”;
  • The statement posted on your Twitter account on or about February 10, 2015, reading: “@richardbranson once told me he didn’t like @Virgin companies behaving in “unvirgin” way. You should meet his management team!”;
  • The statement posted on your Twitter account on or about February 10, 2015, reading: “2/Appears part of grand strategy to intimidate former employees, former & current @virgingalactic customers from testifying to @NTSB”;
  • The statement posted on your Twitter account on or about February 10, 2015, reading: “1/ Ah the fun. @virgingalactic’s lawyer snooping me out. Apparently didn’t know who they were dealing with & playing catch-up now”;
  • The statement posted on your Twitter account on or about February 10, 2015, reading: “To the journos who’ve asked: I promise to release all deposition transcripts. Transparency coming to @virgingalactic by force if need be”;
  • The statement posted on your Twitter account on or about February 10, 2015, reading: “1st to ask for a job: @virgingalactic Gen Counsel Mark Holzapfel. Nice guy. Now he’s pursuing non-solicit breach? Interesting depo coming”;
  • The statement posted on your Twitter account on or about February 10, 2015, reading: “The real answer is: Everyone saw and way too many people know. That’s when it should sink in: you cant cover it up”;
  • The statement posted on your Twitter account on or about February 10, 2015, reading: “Sucks when yr hand is caught in cookie jar (sorry to trivialize, 4 ppl paid ultimate price so far). And you guess who may have seen you….”.

List of Documents Sought From Firefly

firefly_requested_docs