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There is far more to aggressively pursuing subrogation than persuasive advocacy alone. Behind every successful recovery stands a coordinated team whose expertise and innovation distinguish MWL as a national leader in subrogation law. Attorneys, paralegals, and support professionals work in concert to develop forward-thinking solutions that strengthen accuracy, improve turnaround times, and provide greater visibility…

The recent decision in Estes v. Palm Beach County School District, issued by the Florida First District Court of Appeal, highlights a growing and dangerous disconnect within Florida’s workers’ compensation system. At first glance, the case simply reaffirms the statutory framework governing the timing of workers’ compensation claims under Fla. Stat. § 440.19. But when…

For nearly fifty years, Montana has been ground zero for the aggressive application of the Made Whole Doctrine. Intimidation, bad-faith actions, and class action lawsuits have littered the ground where common-sense insurance subrogation used to dwell. What began as an equitable principle established by the Montana Supreme Court in 1977 in Skauge v. Mountain States…

Most states permit a workers’ compensation carrier to assert a future credit against benefits otherwise payable when an injured employee recovers damages from a responsible third party. The availability of a future credit is now the rule rather than the exception. Yet, while the existence of the credit is widely accepted, the mechanics of how…

The ongoing assault against subrogation continues. The Connecticut Supreme Court’s January 6th decision in Orlando v. Liburd, should be treated as a practical warning for carriers and subrogation professionals pursuing automobile physical damage recoveries in Connecticut.[1] It instructs us that, unless the policy expressly and effectively disclaims the Made Whole Doctrine as a limitation on…

Medicare is a federal health insurance program administered by the Centers for Medicare and Medicaid Services (CMS) that primarily provides coverage to individuals age 65 and older, and also to certain younger individuals with qualifying disabilities and to people with end-stage renal disease. It is generally divided into Part A (hospital insurance), Part B (medical…

California’s Economic Loss Doctrine (ELD) has long been a source of confusion for subrogation professionals. The challenge is not merely understanding the doctrine’s contours, but applying it to common residential fire losses where a discrete component product damages structures and contents far beyond its own failure point. Until recently, most of the major California decisions…

There is a growing and troubling trend in courts across the country: denying subrogated insurance carriers the right to intervene in pending litigation on the theory that the insured’s attorney already “adequately represents” the insurer’s interests. While this assumption may appear superficially convenient, it rarely holds true in practice. Subrogation is complex. Its objectives differ…

On October 30, 2025, the Utah Supreme Court finally took a position regarding that state’s Collateral Source Rule and the recovery of medical expenses in tort cases. In Gardner v. Norman, 2025 WL 3030153 (Utah 2025), a unanimous court fundamentally reshaped Utah law governing the recovery of medical expenses and clarified the application of its…

Contracts in construction almost always carry boilerplate waivers of subrogation. They whisper in fine print that parties surrender rights to recover from one another—even when the party seeking recovery never saw a penny from insurance. Why do we sign these waivers? Few can explain. As one columnist put it, “companies who insist on waivers of…

On October 13, 2025, California Governor Gavin Newsom signed Senate Bill 487 into law, and it takes effect January 1, 2026. The new law makes sweeping changes to California’s workers’ compensation subrogation framework in cases involving peace officers and firefighters. SB 487 limits an employer’s or insurer’s right to reimbursement, lien recovery, and subrogation to…

When a hot water pipe ruptured in a luxury multi-unit development in New Jersey, it soaked more than drywall and hardwood—subrogation was on everybody’s mind. But things didn’t go according to plan. In 1410 Grand Adams, LLC v. Trematore Construction, LLC, 2025 WL 1742859 (N.J. Super. 2025), a case decided by the New Jersey Appellate…

Overview In a decision that underscores the destructive power of the Economic Loss Doctrine in New Jersey, the Appellate Division recently dismissed a property insurer’s subrogation action arising from a construction defect. The case, 1410 Grand Adams, LLC v. Trematore Construction, LLC, 2025 WL 1742859 (N.J. App. Div. 2025), reaffirmed that when losses are purely…

On March 4, 1791, Vermont joined the Union as the fourteenth state. It has long prided itself on independence, deliberate policymaking, and a certain laconic New England sensibility. But in the world of workers’ compensation subrogation—where uncertainty can mean millions in lost recovery—Vermont’s traditional caution has left subrogation professionals often waiting decades for answers. One…

Workplace violence is an increasingly growing problem in the American workplace as well as in American workers’ compensation law. With more than two million incidents of workplace violence reported annually, the legal implications of such violence are being tested against the outer edges of workers’ compensation protections. In many of these incidents, the employer is…

Utah’s approach to Personal Injury Protection (PIP) subrogation is an anomaly in American insurance law, presenting a uniquely statutory framework that has bred significant confusion among subrogation professionals over the applicable statute of limitations. Unlike other states that rely on equitable or contractual subrogation principles, Utah has enacted a rigid statutory mechanism for PIP reimbursement…

In the classic Peter Sellers comedy, “The Pink Panther Strikes Again,” one hilarious scene involves Inspector Clouseau checking into a hotel. He sees a small dog lying on the ground. “Does your dog bite?,” Clouseau asks the man at the desk. The man says no, so Clouseau stoops to pet the dog, who immediately and…

On May 31, 2025, Nevada Governor Joe Lombardo signed into law Senate Bill 258 (SB 258), a bipartisan effort that marks a pivotal turning point in the evolution of workers’ compensation subrogation rights in the Silver State. It also presents a unique approach among all 50 states to resolving the tensions that exist between plaintiff’s…

Subrogation professionals handling automobile collision claims in New York face unique challenges when the tortfeasor is operating a municipal vehicle. While municipal immunity doctrines already complicate recovery, a lesser-known but highly influential statute—New York Vehicle and Traffic Law (VTL) § 1103(b)—can upend a seemingly straightforward subrogation file. This provision limits liability for vehicles engaged in…

In the realm of insurance subrogation, understanding the interplay between arbitration proceedings and statutes of limitations is crucial. A common query arises: Does initiating arbitration toll the statute of limitations? This question becomes particularly pertinent when a subrogated carrier files for arbitration, but the arbitration is dismissed for jurisdictional reasons—such as lack of coverage on…

In today’s interconnected world, cyberattacks have become a pervasive threat, impacting businesses across all sectors. Insurance companies are at the forefront of mitigating these risks, often covering substantial losses resulting from data breaches, ransomware attacks, and other cyber incidents. However, the financial burden doesn’t have to end with claim payouts. Through the process of subrogation,…

In the world of subrogation, insurers typically pursue recovery by directly asserting their subrogation rights against responsible third parties. However, in the decision rendered by a federal court for the Eastern District of Wisconsin, the subrogated carrier tried something different. In Reynolds v. MJC America, Ltd., 2025 WL 659390 (E.D. Wis. Feb. 28, 2025), American…

Ancient mythology and the modern practice of subrogation would seem to be strange bedfellows. Yet one story from the past has particular relevance when it comes to the never-ending toil required for aggressive and successful insurance subrogation. Sisyphus was the mythical King of Corinth in south-central Greece. He was a sly and deceitful person and…

While recent reports from the Governors Highway Safety Association (GHSA) highlight a slight decline in pedestrian deaths in early 2024, the broader trend of rising pedestrian fatalities over the past decade presents an increasing challenge for subrogation professionals. Determining liability in pedestrian accidents is often complex, as laws governing right-of-way, driver responsibility, and pedestrian duty…

The use of expert witnesses has become an integral and indispensable aspect of American litigation, and it is often the side with the best expert who wins the day. The same holds true for subrogation files in which the subrogated carrier must sometimes invest in an expert to assist in meeting our burden of proof…

Oklahoma’s uninsured motorist (UM)/underinsured motorist (UIM) statute is found at § 3636 of the Oklahoma statutes. [1] It mandates UM coverage in Oklahoma to protect insured persons from monetary loss due to personal injury or property damage resulting from an accident caused by another who carries no liability insurance or who is otherwise underinsured. [2]…

One of the characteristics of multi-state or nationwide subrogation experienced by claims professionals, lawyers, and judges alike is the frequency with which we run into subrogation issues or questions which seemingly have no clear answers. Quite often we receive uneducated opinions, best advice, or likely answers to these issues, but there are no clear-cut case…

During most of the 20th Century, Texas boasted a workers’ compensation subrogation scheme which was in the top five most favorable for carriers. That all began to change when the state began a series of legislative changes and issued a number of case decisions began to erode the rights of a subrogation workers’ compensation carrier.…

In December we reported on the anti-subrogation climate in Missouri and the Court of Appeals decision in Thomas v. Ramushi, which held that, absent a “direct assignment”, an insurer has no authority to seek a property subrogation payment from the tortfeasor without the insured’s consent.[1] That decision highlighted the important distinction between a subrogation clause…

A Delaware court has thrown a small blanket of precedent over the smoldering embers of claims by some insureds with large deductibles that their insurance company is guilty of bad faith if it does not attempt to subrogate and recover the insured’s deductible. On August 2, 2020, Praveen Patel’s house located at 403 Derby Way,…

In one of our most widely-reprinted and widely-read articles, “Ten Subrogation Mistakes Insurance Companies Keep Making”, the number one most prevalent and most costly mistake is waiting too long to involve subrogation counsel. It sounds like an MWL marketing pitch, and of course, in many ways it is. But it is also the truth. The…

An April 22, 2024 decision by the Colorado Supreme Court considered the confusing interplay between Colorado’s statutory Collateral Source Rule and medical malpractice actions under the Health Care Availability Act (HCAA).[1] Specifically, the Court addressed the question of whether the “contract exception” to the collateral source statute applies in a medical malpractice case where the…

Oh, that it wasn’t so, but today’s world of insurance claims adjusting, subrogation, and civil litigation rewards the ability of one party to take advantage of what the other party doesn’t know. A civil trial is known as an “adversary proceeding” because it pits two or more opponents against one another with regard to a…

Claims Journal recently reported on a new Ohio State University study which examines who is at fault when cars hit pedestrians shows that vehicle/pedestrian accidents occur much more frequently in certain environments than in others. The study showed that pedestrians were much more likely to be at fault when there was a high volume of…

The wildfires in the Texas Panhandle are already the largest fire in state history, resulting in two deceased, burning more than 1,059,570 acres, countless livestock loss, and over 500 structures damaged. The fire has still not been completely contained at the time of writing this article – and the damages are expected to increase. This…

In Ohio, while the usual statute of limitations for both personal injury and property damage is two (2) years, § 2305.113 provides that an action for medical malpractice must in all cases be filed within four (4) years from the date that the medical negligence occurred. If the basis of the claim is discovered in…

Subrogation professionals, like lawyers, must be constantly vigilant for deadlines, statutes of limitations, statutes of repose, and notice timelines which are set forth by the laws of the 50 states. Likewise, it is important to know and understand the differences between statutes of limitations and statutes of repose. They are both subrogation-killers. Statutes of limitations…

The insurance industry is filled with myths and urban legends that just won’t seem to go away. Red vehicles have higher insurance rates; You are more likely to have an accident close to home; It’s illegal to drive barefoot; Getting a parking ticket means your insurance rates will go up; and auto insurance follows the…

Pulitzer prize winning historian David McCullough once said that “Writing is thinking. To write well is to think clearly. That’s why it is so hard.” When claims adjusters, subrogation professionals, and/or subrogation lawyers document a settlement or stipulation with an insured’s or employee’s attorney regarding a subrogation interest, getting all the right words in the…

When it comes to personal transactions, the modern-day consumer would be hard pressed to remember the last time they wrote a check. In fact, for many of us, our checkbooks are likely collecting dust in some deep corner of a forgotten desk drawer, if we even have a checkbook at all. However, checks are very…

The bane of any subrogation professional’s existence is the dreaded release. It is no coincidence that when Zeus uttered the words, “Release the Kraken!” in the 1981 fantasy adventure film The Clash of the Titans, he chose the word “Release.” The meme itself connotes setting loose utter destruction on one’s enemy—a description which can be…

One of the most difficult and confusing issues to deal with in the world of homeowner’s insurance property claims is the obligation to repair or replace an insured’s damage property with “material of like kind and quality” or with “similar material.” When damage caused by fire, smoke, water, hail, or other causes results in a…

Most of us don’t give much thought to contaminated gasoline and the tremendous property damage it can cause to vehicle engines and other equipment. But when an insurance company must pay out tens of thousands of dollars as a result of tainted fuel, all thoughts must immediately turn to subrogation. One question which precedes any…

Understanding spoliation has become an increasingly integral and important aspect of effective subrogation efforts. Without the necessary evidence and investigation required for a subrogated insurance company to meet its burden of proving the origin and cause of a fire or that a product was defective, subrogation will fail. Spoliation has become one of the most…

Texas is by far the biggest producer of hay in the United States; with Missouri and Nebraska a distant second and third. Feeding livestock is the number one use of hay, as almost any animal on a farm or ranch (horses, cattle, sheep, goats, etc.) will eat hay. It is usually fed to livestock when…

Most states now have mandatory car insurance laws that require all drivers to have some type of insurance. New Hampshire is the last of the 50 states which does not require mandatory automobile liability insurance. Wisconsin was second to last, but as of June 1, 2010, Wisconsin now mandates that drivers purchase auto liability insurance.…

For years, trial lawyers have been threatening and filing class action lawsuits in multiple states in an effort to thwart their arch nemesis—subrogation. States such as Montana have gone so far as to hold that it is the burden of the subrogated insurance company to determine and prove that its insured has been fully made…

By ChatGPT (artificial intelligence chatbot) Foreward By Gary L. Wickert Artificial intelligence (AI) is intelligence—perceiving, synthesizing, and inferring information—demonstrated by computers or machines, as opposed to actual human intelligence. According to the current system of classification, there are actually four types of AI: reactive, limited memory, theory of mind, and self-aware. For many of us,…

MTDB Corp. v. Am. Auto Ins. Co., 2022 WL 18012348 (Ill. App. 1st Dist. 2022) Some might say that subrogation and insurance coverage make strange bedfellows. But understanding the basics of insurance coverage is integral to an aggressive and holistic approach to subrogation across all lines of insurance. Without coverage there is no claim payment;…

“It’s not the size of the dog in the fight, it’s the size of the fight in the dog.” — Mark Twain One insurance company – State Farm – has referred to dog bites as a “serious public health problem.” In 2018 alone, one carrier paid $90 million in claims on roughly 3,500 dog bite incidents. According…

4.07[10] Made Whole Doctrine Until recently, the Made Whole Doctrine had not been applied outside the context of a bankruptcy proceeding in Connecticut.[1] However, the Connecticut Supreme Court has given us a clue as to how it will treat this issue in the future. It has ruled that while a right of true contractual subrogation…

Davis v. Adeoye, 2022 WL 16570653 (Conn. Super. 2022) For years, trial lawyers have been threatening and filing class action lawsuits in multiple states in an effort to thwart their arch nemesis—subrogation. States such as Montana have gone so far as to hold that it is the burden of the subrogated insurance company to determine…

A new 2022 report reveals a massive spike in litigation involving insurance coverage and claims and advises insurance companies to “be prepared by increasing resources both in-house and outside counsel.” The report, entitled “Insurance Litigation Report” was issued Lex Machina, Silicon Valley-based SAAS company that helps lawyers pinpoint litigation trends. It includes an analysis of…

Until recently, Virginia courts had not applied or even discussed at length the equitable Made Whole Doctrine. Its application had been rejected in a 1998 unreported state circuit court ruling involving a self-funded medical reimbursement plan.[1] In the case of P.R.C., Inc. v. Jones Welding & Repair, Inc., Judge Jane Roush wrote: O’Bryan’s reliance on…

Subrogation Shortcuts Lead To Drastically Smaller Recoveries.  Litigation is rarely cheap, but it is often necessary. Nowhere is this truer than in the area of insurance subrogation, where those who resist paying subrogation claims assume that insurance companies are loath to pull the trigger and file suit and will, therefore, never pay full value on…

According to Arbitration Forums, Inc.’s website, the 5,200 members who subscribe to Arbitration Forums file over 949,000 disputes and nearly 1.7 million subrogation demands worth more than $13.9 billion in claims annually. Most of the insurance companies in the U.S. are members of Arbitration Forums under one or more of the programs offered by Arbitration…

A favorite quote of mine from the 2001 Jerry Zucker movie “Rat Race” goes like this: “Good things take time; but great things happen all at once.” Most of the time, laws change at a glacial pace. Where there is a provision of law that most people believe should be changed, it usually takes years…

New Trend Poses Threat In Subrogation Trials. Effective January 1, 2022, Arizona will become the first state to eliminate the use of peremptory challenges in jury selection in both criminal and civil trials—including the trial of subrogation cases. It isn’t news to the insurance industry that many (if not most) people harbor certain resentments against insurance…

Court-ordered restitution to be paid by a criminal to a subrogated insurance company has become a major source of revenue for carriers in the last couple of years. Restitution is the recovery from an economic loss suffered as the result of the commission of a crime. An often-overlooked area of recovery for subrogated carriers is…

Moore v. Intuitive Surgical, Inc., 995 F.3d 839 (11th Cir. 2021). The use of expert witnesses has become an integral and indispensable aspect of American litigation, and it is often the side with the best expert who wins the day. The use of science in the courtroom to advise judges and juries on technical and…

You might ask what Vice-President Kamala Harris was best known for prior to becoming the first female vice-president in U.S. history. One piece of notoriety was, as Attorney General of the State of California, she oversaw the prosecution of Wells Fargo & Company, the American multinational bank and financial services company for violation of §§…

Matthiesen, Wickert & Lehrer would like to thank our clients and local counsel for a wonderful year and wish you all a Merry Christmas, Happy Hanukkah, and a blessed Holiday Season. Regardless of what Christmas means to you, we hope your Christmas is full of holiday cheer shared with family and friends. For us at…

In the continuing struggle between recovery of medical expenses billed vs. recovery of discounted medical expenses paid by insurers, an Arizona federal court has sounded off on the duty and obligation of a Med Pay carrier with respect to paying its insured for medical bills. In Jimenez v. Progressive Preferred Ins. Co., 2020 WL 2037113…

Jacksonville, Florida Office Opens October 12, 2020. MWL is proud to announce the opening of its new Jacksonville, Florida subrogation law office. For years, MWL has represented workers’ comp carriers, auto carriers, self-insured companies, third-party adjusting companies, and subrogation vendors throughout the Sunshine State. MWL has enjoyed a subrogation partnership with the City of Jacksonville…

The vagaries and complexity of nationwide subrogation have, for many lawyers and insurance professionals, made keeping current with changing subrogation law in all fifty states an arduous and laborious task. It is the goal of Matthiesen, Wickert & Lehrer, S.C. (MWL), through our newsletters, website blog, subrogation webinars, and social media pages, to assist in…

New York’s anti-subrogation rule (“ASR”) is found in common law and is not statutorily based. The anti-subrogation rule is a common-law doctrine crafted by the New York Court of Appeals “both to prevent the insurer from passing the incidence of loss to its own insured and to guard against the potential for conflict of interest…

The federal government is everywhere. It employs nearly 9.1 million workers, which is nearly 6% of total U.S. workforce. This includes nearly 2.1 million federal employees, 4.1 million contract employees, 1.2 million grant employees, 1.3 million active duty military personnel, and more than 500,000 postal service employees. They operate trucks, construct highways, build buildings, drive…

Matthiesen, Wickert & Lehrer, S.C. (“MWL”) is pleased to announce that on June 1, 2020, Ashton Kirsch will be made a partner of the firm. Ashton has been with MWL since 2015, concentrating his practice on large loss casualty, commercial auto, and cargo subrogation cases. Ashton obtained his Bachelor of Arts in Political Science and…

Viruses and the diseases they cause often have different names. The current global pandemic which has stricken much of the planet is no exception. Although most commonly referred to as COVID-19 (technically the illness caused by the virus), this pandemic also can be referred to as SARS-CoV-2 (“severe acute respiratory syndrome coronavirus 2” — the…

Litigation is rarely cheap, but it is often necessary. Nowhere is this truer than in the area of insurance subrogation, where those who resist paying subrogation claims assume that insurance companies are loath to pull the trigger and file suit and will, therefore, never pay full value on subrogation claims with even the clearest liability…

Given the financial impact of COVID-19 on the country and world, both federal and local governments have scrambled to impose new protections for consumers. Federal protections have been put in place to prevent the collection of both principal and interest on certain federally-held student loans[1], as well as relief from foreclosure for many federally-backed mortgage…

Attorney James Busenlener will be presenting a live one-hour webinar on Government Done Me Wrong: Tort Claims Against Local, State and Federal Authority on May 13, 2020 @ 10:00 – 11:00 a.m. (CDT). Put down those pitchforks, because there are established procedures for suing local, state, and federal governmental systems when you have paid insurance…

There is an ongoing debate in the insurance field over whether a liability insurer has a duty to reveal its policy limits to a third-party claimant even before a lawsuit is filed. One approach—supported by the trial lawyers—presupposes that knowledge of the defendant’s insurance policy limits will facilitate settlement and avoid needless litigation which may…

Matthiesen, Wickert & Lehrer, S.C. (“MWL”) is pleased to welcome seasoned trial lawyer Sarah “Sally” Fry Bruch to the firm as a senior litigating associate. Sally brings with her a wealth of insurance and general litigation experience to MWL’s Hartford, Wisconsin office. Sally has almost three decades of experience having worked as a litigator for…

As millions sit at home and are able to continue working somewhat effectively thanks to the Internet, email, VPN’s, and other miracles of internet and computer science, many of us still recall the “good ole’ days” of conducting business with the help of an IBM Selectric typewriter, dictating or typing letters, buying stamps, and licking…

Matthiesen, Wickert & Lehrer, S.C. would like to wish all of our clients and friends a very blessed Easter. While Easter means different things to different people, we celebrate the Good News which Easter represents. It is the fulfillment of the greatest Promise ever made – the celebration of the resurrection of Jesus Christ, the…

Negotiations skills are a subrogation adjuster or attorney’s best friend and the most essential skill that can be developed for maximizing the profitability and recovery potential of your claims. Less than 1% of all subrogation claims end up in litigation. The vast majority of claims between 95% and 99% are resolved prior to suit being…

Many subrogation professionals will find themselves working from home in the near future. While much can be accomplished from a computer keyboard, there are certain activities essential to investigating and litigating subrogation files which are going to mandate a creative approach. The purpose of this article is to highlight some areas that subrogation professionals need…

The world-wide spread of COVID-19 (Novel Coronavirus) presents us all with rather interesting questions about the power and role of federal and state government. COVID-19 is the illness caused by a virus strain that began spreading in people in December 2019 in Wuhan, Hubei Province, China. It is not the same as the coronaviruses which…

As we continue to closely monitor developments around the spread of COVID-19, the health and safety of Matthiesen, Wickert & Lehrer (MWL) employees around the country and our ability to ensure seamless continuity of subrogation excellence to our clients are our top priorities. All of our attorneys and staff are equipped at home with the…

One of life’s simple pleasures is taking a lesson from nature and applying it to the complex and variegated professional world in which we spend so much of our lives. For subrogation professionals, one subtle, but important, such lesson is provided to us courtesy of the five million Canadian Geese which migrate annually and fill…

Matthiesen, Wickert & Lehrer, S.C. feels it is an honor and a privilege to represent all of its subrogation clients. However, mutual insurance companies hold a special place in our hearts because of their long and distinguished heritage in the annals of insurance history and the rural and local nature of their roots. Subrogating on…

Matthiesen, Wickert & Lehrer, S.C. (“MWL”) is pleased to announce that Zahra Aziz has joined our insurance litigation team as a senior associate attorney in our California branch office. Zahra’s litigation experience adds to a wealth of experience at MWL’s Santa Ana office, which is already teeming with talent and expertise. Zahra’s practice focuses on…

We are frequently asked by clients to file suit in a case where the statute of limitations expires in a matter of a day—even hours. In some cases, we are asked to file in order to toll an impending statute of limitations and give the client more time to negotiate a settlement or take other…

The ink was barely dry on Florida Supreme Court’s 2018 decision in DeLisle v. Crane Co., 2018 WL 5075302 (Fla., Oct. 15, 2018). That decision declared Florida’s § 90.702 — which adopted the Daubert standard for the admission of expert testimony — unconstitutional and returned the state to the Frye standard which had been around…

Carriers Are Only as Secure as Their Weakest Link What do you really know about the strengths and weakness of the cybersecurity measures taken by the subrogation counsel and recovery vendors you engage to assist with subrogation recoveries? This past April, Yahoo entered into a $117.5 million settlement in a proposed class action suit in…

“Show me the money.” – Rod Tidwell in Jerry Maguire. This year is the 20th anniversary of the 1996 romantic comedy Jerry Maguire. Its director, Cameron Crowe, just published the entire 5,000-word mission statement he wrote for his crisis-hit sports agent played by Tom Cruise. The memo, entitled The Things We Think and Do Not…