Damages s05e04 Episode Script

Previously on Damages I ran into your mom at the Hudson Square Pharmacy.
You're working here now? Just for the past few months.
Mom, what do you need? Can I stay with you? Of course.
Of course.
Personal e-mails reveal traders' sexcapades.
How did Ms.
Walling's information get out there? I don't know, but it is very bad for my organization.
Last night Naomi Walling took her own life.
In order for the standard of wrongful death to apply, the plaintiff has to prove that you leaked her personal information with malice.
Naomi had agreed to provide information.
Why would Channing want to embarrass her? We need money to pay for the attorney.
You said this would be dismissed quickly.
Can you help with the funding or not? I'll see what I can arrange.
Your leak-- you don't know the whole story.
I could get you a lot more.
Have you ever known me to pay for information? You don't want to be in the dark when this breaks somewhere else.
You know you're not supposed to play with this.
I need that research, Bill.
Got it right here.
Good afternoon, Ms.
Hewes.
Catherine, you're sitting in Grandma's chair.
You can get off now.
Get off Mommy's chair.
You're not the one who's supposed to be there.
Get off.
Get off.
You're not my mommy.
Get the fuck off! I love you, Mommy.
So, are there any men in your life these days, recreationally speaking? No.
You still smarting over the Phil thing? Not at all.
No, that's good.
You know, I got friends who are always trying to set me up with younger women, and they bore the crap out of me.
Oh.
Sorry to hear that.
So, back to business.
What do you think? Oh, I don't know, Roger.
I mean, obviously, I'm flattered.
Flattered? We're talking about the fucking U.
S.
Supreme Court.
You're goddamn right you should be flattered.
The administration just wants to know if you'd consider it.
Ginsburg could retire any day.
They need to get their ducks in a row.
I'm not saying no, but I need to close out this McClaren case and then we'll see.
Thank you.
My faith in the fundamental sanity of the world remains intact.
Lawyers do not turn down the Supreme Court.
Dogs and cats remain mortal enemies.
Do you still have cats? No, no, no, no, no.
Th-they were all Mariel's thing.
When she took off with that douche bag, the cats were part of the bargain.
I don't trust men who like cats.
You and I-- we go back a long way.
We're both successful, we run in the same circles.
We understand each other's lives.
The one thing that I managed to keep out of Mariel's grubby mitts was the place down in Palm Beach.
Now, I was going to head down there this weekend and I just thought maybe you could join me.
Just the two of us.
Just get out of this weather, soak up some sun.
Okay.
Little lamb When I am through with you There won't be anything left When I am through with you There won't be anything left When I am through with you Through here is the quickest way to the F Train.
Okay.
And you take that to the PATH train and then you know your way from there.
Isn't this fun? Both of us heading off to work together.
No, Mom, it's not fun.
What's the matter? What's the matter? You take a job without telling me and you show up needing a place to stay and y-you still won't say what's going on.
You didn't ask me.
Right, I didn't ask.
I have to ask, like always.
So now I'm asking.
What is going on? I left your father.
I thought that might be it.
When did this happen? A few weeks ago.
But I spoke to you since then.
You didn't say anything.
You were telling me about work, and I didn't want to bother you.
Oh, Jesus, Mom.
Where have you been staying? With Judy Manginelli, but then her nephews came to visit.
What happened with Dad? I couldn't take it anymore-- the yelling, the screaming.
All I try to do is please him.
I can't do anything right.
I'm sorry.
I know how he can be.
No, it's gotten worse.
What do you mean? Did he hit you? Mom.
No, but he, he threw something.
What? You know that crystal bunny, the one Gran gave Carrie? Oh, my God, Mom.
It missed.
It didn't hit me, but I was scared.
I mean, it was nothing.
I should just go back home.
I should just go back.
Mom, no.
What am I going to do? I can't stay with you forever, Carrie has the baby, and money-- I mean, I have no money.
Don't worry about money.
We'll find a place for you.
We'll figure this out.
But do not go back home.
Promise me.
Promise me.
Okay.
I promise.
Look at this.
Hello, McClaren, what took you so long? I'm watching you, asshole.
Are you stealing his info? Shh-shh-shh.
Come on, you can do better than that.
Wait a second.
Oh, shit! He found a gap.
Fucker is good.
Got it.
What the fuck? Almost done.
What? No, no, no, no, no Fuck! It's okay, hm? Come back to bed? Okay? So, what do we got here, Mr.
Stahl? I see that almost two decades ago, you dropped out of MIT.
Yeah.
And you've only been an attorney for the last five years.
That's right.
Late bloomer, huh? You could say that.
Huh.
So, what were you doing all that time? Tinkering with computers.
Tinkering? You're 45 years old.
I have a thing for technology.
So, why the law? Uh, friends of mine were pushing the boundaries hacking.
When they got in legal trouble, I volunteered to assist with their defense.
I got interested in cyber-law.
What do you think of Channing McClaren? He was a hero of mine.
You are aware that we're suing him, right? I said he was a hero, back in the days when I thought all institutions were corrupt and worthy of attack.
Now I believe in privacy.
People have a right to keep their secrets.
I don't think the world would function on full disclosure.
Yeah, very noble.
And for this reason we should hire you? I-I think you already have.
Huh? I said I think you already have.
Oh, I see.
I guess I'm out of the loop.
So, Jake, I assume you're up to speed with our suit.
I read all the briefs.
Let me ask you Suppose Naomi Walling refused to leak what she knew.
Okay.
How would McClaren have gotten the insider trading information? The easiest way would be to steal it from the Princefield system.
A guy like McClaren would have no problem hacking in.
And if he did that, could he also access Naomi's personal e-mails? Sure, as long as she was on the Princefield network.
Which, being an employee, I imagine she was.
How difficult is that to prove? I just need access to the company's servers.
I can find out if they've been tampered with.
Well, I'm afraid we got a problem there.
The SEC has seized everything for their own investigation.
Well, it sounds like you need to talk to the SEC.
I got inside, but he slammed the door.
Who is this guy exactly? He calls himself Samurai Seven.
I met him online when I was still in high school.
How do you know he's not bluffing? You believe he has more information on Princefield? He's a prick, but he's very good.
If he says he's got it, he's got it.
Well, if he does have more information, maybe Naomi Walling wasn't the leak after all.
Fuck it, Channing, just pay the guy some money.
Let's find out what he has.
If anyone found out I bought stolen goods, it would taint everything I've done.
We need to know if there's anything in this information which could hurt you in the lawsuit.
You know where I stand.
I'm not paying.
We're gonna have to pay for the information ourselves.
You heard him.
He said no.
Oh, Gitta if you really want to help Channing, you're gonna have to learn not to listen to all his wishes all the time.
Channing doesn't know how to protect himself.
Okay.
If you think we have to, buy it.
Well, the problem is I need Channing's signature to release the funds.
Well, if it's just a question of money, there's always a way.
Said the poor little rich girl.
Maybe you could just ask your father for the money.
Right.
See if he'll give you the keys to the trust fund? Yeah, he's not gonna give me any money until I'm married, and I'm never gonna get married.
Anyway, this Samurai guy hasn't even given us a price.
I suppose the first thing we have to do is find out how much he actually wants.
Do you know how to get in touch with him? I could find out.
You want access to the Princefield servers? They could be crucial to my lawsuit.
Well, it's not the SEC's job to try your case.
The servers have already been impounded for our investigation.
I can subpoena them.
Well, go ahead.
You still have to wait in line.
We get first crack, and you know it.
I was hoping for a little cooperation.
I'm not about to let my agency get drawn into a civil suit against Channing McClaren.
You're gonna have to wait.
How long? Ah, 12, 14 months, best guess.
That's unacceptable.
Well, look, maybe I can get you the back-up tapes.
That won't work.
My technical advisor needs the hardware to conduct his analysis.
Analysis for what? To determine if Naomi Walling actually leaked the information or if it was stolen by an outside source.
I don't care about the leak.
My job is to clean up insider trading.
Your job is to issue parking tickets.
Princefield has already paid over $15 million in fines.
Congratulations.
Did they find that in their sofa cushions? They're a $40billion company.
Our investigation is ongoing.
My client's mother killed herself.
How do you think the public will feel when they find out that you're standing in the way of her getting some measure of justice.
I'm not going to be intimidated by you, Ms.
Hewes.
I'm sorry.
How old are you? I assume that means you're the guy I'm waiting for.
I am.
Is there something other than Samurai I can call you? It makes me feel a bit stupid.
Why's that? Well, because it's a bit stupid.
How old are you? Why does that matter? Who the fuck is Channing McClaren? Some computer geek who started spilling secrets for attention? Now he's sleeping with you.
I just work for him.
Don't get me wrong, I think you're smart.
I've seen the online interviews.
You appear to have a brain.
Look, I know Channing turned down your offer, but we think he's making a mistake.
We? The organization.
Channing doesn't know you're here, does he? No.
And I'm not saying we're ready to make a deal.
But before we can decide, we need to know how much the information's going to cost.
Where are you going to get the cash? Well, that's our problem, isn't it? Just give me a price.
You want a number? There it is.
Hey.
Any luck? Nope, they won't give us the servers.
Government pricks.
So what are you going to do now? Attack.
I'm gonna take this case public.
Naomi Walling was a long-term employee of Princefield Bank.
She was a brave, principled woman who found herself entangled in an insider trading scandal.
But she did the right thing.
She went to Channing McClaren intending to be a whistle-blower.
Ms.
Walling's personal e-mails detailing affairs she had with Wall Street executives were included in the leak.
Yes.
Correct.
She was humiliated publicly, as a result of which, she tragically took her own life.
Well, McClaren contends that she mistakenly sent those files, and by some oversight, they ended up on his web-site.
Which is nonsense.
So, the basis of your lawsuit is that McClaren intentionally sought to harm her with those e-mails.
Yes.
Mr.
McClaren has stated publicly that he did not know Ms.
Walling personally, that they never met.
This is a lie.
They met twice.
Twice? Mm-hmm.
On the second occasion, Ms.
Walling changed her mind.
She decided not to leak.
But when she informed Mr.
McClaren of her decision, he berated her, he threatened her, and when she still wouldn't acquiesce to his demands, he sexually assaulted her.
Jesus Christ.
This is a man who clearly had the power to ruin her life.
I hate to stop it there, but I have to take a break.
We'll be back with Patty Hewes.
Patty has nothing, so she's going to the press.
Call Judge Gearheart.
I want to schedule a hearing.
Parsons & Associates.
It's Channing McClaren.
See, I don't understand how Patty Hewes can go on television and sling unfounded accusations.
I've scheduled a hearing with the judge to address her actions.
In the meantime, I've spent all morning fending off calls from the press wanting a response.
I'll be drafting a statement this afternoon.
Well, I want to see it before it goes out.
Of course.
Since I have you here, Channing, I need your help with something.
Patty Hewes is attempting to gain access to the Princefield servers.
Was she able to get them? No.
The SEC has jurisdiction over them right now.
But what do you think Patty would be looking for? My guess is she's trying to find out if someone other than Naomi Walling leaked the Princefield information.
I don't understand.
When I receive information, it's masked by an encryption code.
This protects the source from being identified even by me.
So, you can't be certain that Naomi Walling sent you the information? No, I can't.
And why haven't you mentioned this before? Well, we knew that Ms.
Walling was considering leaking.
When we received the information, naturally we assumed it was from her.
But if I'm understanding this correctly, now you are saying that it is possible that someone broke into the Princefield servers and accessed Naomi's information through the company network? Yes.
There are many people with the technical skill to do that.
Do you have the technical skill to do that, Mr.
McClaren? Yes, I do.
Why are you asking him that? She's right to ask him.
Because Patty Hewes is gonna ask you exactly the same question.
Did you steal the information? Of course not.
Do you still believe Naomi leaked? I don't know.
Do you think someone took the information from her? I really don't know.
Was today a fun day? Yes.
Did you finish your drawing? Can I have a sword? A sword? Hm, wouldn't you rather have a new doll? I want a sword like the man had.
What man? The man with the sword.
Honey, where did you see a man with a sword? Can I have a snack? Sure.
As soon as we get home.
I want cheese.
Okay, you can have some cheese.
Ms.
Hewes should be sanctioned and barred from speaking to the press.
Yes, I read your motion.
Her television appearance was a calculated and unfounded attack on my client's reputation.
I was simply answering questions.
It was a wide-ranging interview.
You called my client a rapist.
Frankly, I'm not sure Ms.
Hewes accusations don't qualify as slander.
I stand by what I said.
If you think I defamed your client, then go ahead and file a suit against me.
She won't, Your Honor, because it's not slander if it's true.
And Ms.
Parsons cannot disprove that a sexual assault took place.
Any more than Ms.
Hewes can prove that it did.
All right, look, I don't want this thing tried in the press.
I'm issuing a gag order.
There will be no discussion of this case over the airwaves, in print, online, anywhere.
That holds for both of you.
Got it? Both of us? I deserve an opportunity to respond to these accusations.
You have a forum to respond.
It's called a trial.
In the meantime, neither of you speaks to the media.
Your Honor, this is the ruling that Ms.
Hewes was hoping for.
I should have realized.
She provoked this gag order so I couldn't give my account in the press.
She's using you to silence me.
I resent that.
So do I.
The gag order stands.
The deposition went very well.
Yes? Miss Parsons got the witness to lie on record, so, perhaps we'll keep her as our attorney after all.
If you think that's best.
What now? There's something else.
Someone's approached Channing offering to sell new information regarding Princefield and Naomi Walling.
And who is this person? Someone well-known in the hacking community.
A hacker with more information about Princefield.
You have specifics? No.
And obviously, we don't know how this could impact on the case, but we have reason to believe his claims.
So, buy it.
Use the funds I've given you.
Channing won't pay for information.
Don't tell Channing.
I can't access the organization's resources without his approval.
How much? I need half a million dollars.
Ah.
In for penny, in for a pound.
There is a market for this information.
If we don't act now, we could lose the opportunity.
I will consider and get back to you.
Thank you.
When can I get a real sword? What, honey? A sword, like the man.
What man, sweetie? The man who was here.
Here? The man was in the apartment? Yes, this is Catherine's nanny.
I need to speak to Ms.
Hewes.
Well, would have her call me as soon as she can? It's urgent.
Oh, my God, your daughter is adorable.
What's her name? Catherine.
And she lives with you? No.
My mom used her connections to prevent that.
She's fighting tooth and nail to keep Catherine away from me.
Why? Because she's petty and vindictive.
Which is the same reason she took the Channing McClaren case.
I thought she's suing Mr.
McClaren for the wrongful death of a whistleblower.
This case isn't about McClaren.
Then what's it about? Ellen Parsons.
See, my mother's a megalomaniac.
She can't bear the thought of her former associate stepping out of her shadow and eclipsing her.
That's interesting.
If-If you ask my mother about her work, she'll tell you, she's a solo crusader righteously slaying dragons.
And the truth is? She doesn't care about justice or corporate bullies.
She's a paranoid narcissist who manipulates the law to gain power and settle scores.
You sure you're okay having me quote you? Absolutely.
Go ahead and change the tape.
I've got plenty more to tell you.
Catherine, can you tell me about the man with the sword? Did you see him here? In the apartment? Where exactly? He lives in the garbage can.
What do you mean, he lives in the garbage can, sweetheart? Don't mad.
Why would I be mad? I wasn't supposed to touch it.
Touch what? My computer? Inside the garbage can? Where is it? Show it to me.
Come on in.
How long has it been there? I have no idea.
Fucking incredible.
It's Samurai Seven.
What's that? A virus? No.
A person.
He's notorious in the hacker community.
He's broken into all kinds of tight networks Fortune 500 companies and government agencies.
- Oh, that's - What are you doing? No, it's okay.
Everything on your system has been backed up.
Well, how do you want to respond? What kind? What do you think? Well, like I said, he's legit, but he's also a bit of an asshole.
I mean, it-it could be a prank.
Looks promising.
Mm-hmm.
I need to think about it.
What is it? Computer's frozen.
It covers his tracks.
He's gone.
So, who exactly made this decision? What difference does it make? I cannot get you these monies.
Patty Hewes may be attempting to obtain this information.
We have to assume it can hurt us.
Assume what you will.
I-I don't understand why this isn't of more concern to you.
Good night.
Hello? Gitta, it's me.
Any luck? He said no.
The hacker contacted me.
He said we have 48 hours to get the money, or no deal.
What now? Call Ellen Parsons.
So, what is the information exactly? It involves Naomi Walling and Princefield.
That's all we know.
And this hacker wants to sell it? Yes.
The problem is, Channing refuses to pay for information on principle.
And he can be very stubborn.
So, Channing doesn't know you're here? No.
Rutger and I thought we needed to act.
Unfortunately, we can't get the cash.
But we were hoping you could.
How much? $500,000.
That's a tall order on short notice.
Think of it as an investment in the case.
You said this hacker and Channing know each other? They were friends once.
Is there a chance this guy hacked Naomi Walling on Channing's behalf? No.
Absolutely not.
Miss Parsons, if you keep feeling the need to question Channing's innocence, why are you representing him? It's not personal.
I'm a lawyer, and I can't afford to trust anybody, least of all my clients.
And Channing has already lied to me.
Well, Patty Hewes has the money to buy this information.
Am I right? Yes.
So, if he's looking to sell to the highest bidder, don't we have to assume that he's approached her? Do you know how to make contact with this guy? I can get his information.
Does that mean we're buyers? Oh, I'm sorry.
I was just about to come to you.
I've decided to make a deal for the information.
What's the delivery method? Insist on a flash drive.
Simpler, safer.
And don't open it until I run forensics, make sure there's not a Trojan horse.
Otherwise, you could corrupt your whole network.
Is there any way to ensure that I'm getting the only copy? Mm, no.
I mean, I'm afraid it's the age we live in.
On paper, you can destroy.
Digital bits, you can't.
There's always a record somewhere.
I have to assume he's approached the McClaren camp, as well.
Absolutely.
Last person you want to trust is a hacker.
Something you should know about me, Jake.
I don't trust anyone.
So, um, somebody told me this was, uh, Ellen Parsons' old office.
Yes.
That okay with you? Yeah.
It's a bit small, but I like the pedigree.
What do you mean? Oh, you know, Ellen's become something of a legend in the legal world.
Your shine rubbed off on her.
Sometime, I'd like to hear that story.
There's no story.
She worked here, then she moved on.
I trust that's the last time you'll ask me about a former employee.
Understood.
I worked up a summary of your finances, like you asked.
The top number is what you have in cash right now.
Below that are your current investments, including your retirement account.
I forbid you from going anywhere near those.
Okay.
Moving down.
Those are your monthly expenses.
The mortgage on your apartment.
The lease on the office.
And what's the number next to that, in parentheses? That's what you spent on office renovations, including furnishings.
Underneath that is your overhead, including Kate Franklin's salary.
Then there's family expenses.
The mortgage you pay on your sister's apartment.
Preschool for your niece.
And we have to add your mother.
Do you know how much she'll need? I'll have to get her an apartment.
I'm not sure what else.
Okay.
First number on the next page is what you have coming in from the McClaren retainer.
So you understand why it's hard for me to recommend taking out a half-million-dollar loan, if I can even get you the loan.
What do you mean? Ellen, you're a startup firm with one client.
A bank might not want to assume the risk.
More importantly, you shouldn't assume the risk.
You're overextended.
As your accountant, I have to advise against it.
First, see if you can get the loan, and then I'll decide.
Hello? Patty.
Roger Kastle.
Hello, Roger.
How was your weekend? Lost.
I did my best Ray Milland impersonation and it didn't help.
I'm so sorry.
Aw, forget about it.
Have you got your latest issue of American Lawyer? Probably.
I haven't read it yet.
Well, there's something you'll want to see.
Can you look for it? Uh, sure.
Page 38.
I take it from your silence that you found the article.
Our little misunderstanding aside, I care about you, and this isn't good.
I'm not concerned with my son's petty attacks.
Patty, there's something that I didn't want to mention before, but our friends in the legal community have been talking.
About what? Well, they think this McClaren case is about you settling a personal score, punishing Ellen Parsons for leaving your firm, and this article just confirms their suspicions.
I've got to go, Roger.
You don't want that perception out there, Patty.
Now, you made your reputation by going after bullies, and now you're trying to crush a gnat.
So just be careful, all right? This lawsuit could blow up in your face.
Hey, it's Mark.
I was able to get you the loan.
Thank you.
But, Ellen I still don't recommend you spending this money.
My case may hang in the balance.
Well, it's up to you.
Let me know what you want to do.
Baby, where you going, huh? It's time to meet Miss Patricia C.
Hewes, Esquire.
You got what you need? Mm-hmm.
Right here.
So, when you coming home? I'm meeting her at then head straight home.
You're not gonna show your face, no? Why not? She doesn't know my name.
I'm just the Samurai to her.
Hi-yah! Baby, this thing you're doing, it's okay, yeah? It's okay? I'll be fine.
What do you know? It's the other lawyer.
Both gonna pay.
How fuckin' stupid are they? Hello? Who's the guy? My associate.
He's going to handle the transfer.
How do I know you've got the information? Pay me and find out.
Check your bank account.
Downloading.
You look taller in person.
Okay.
The money's in my account.
Good luck with your case.
I'll run forensics on the way back.
Yes! For you, Miss Parsons.
American Lawyer.
Not the most widely read publication, is it? It was about Patty's peers.
That's why I chose it.
Well, she's always been particular about her standing in the legal community.
I'm sure it pissed her off.
I really gotta go.
Thanks for coming by, Michael.
Ellen, uh I need to know the custody case is going to move forward.
It will.
That's what I keep hearing from you.
I appreciate your patience but if you want my testimony, you'll need to wait.
I'm not gonna be patient forever.
You should know that.
Ellen Parsons.
You brought McClaren's little wallaby.
You two make a nice pair.
Where are you? Come and give me the information, and I'll transfer the money.
The money first, or I drive away.
Trust me, if you want to win your case, you need this information.
He wants the money first.
Go ahead.
I'm sending it now.
Well done.
Wait there.
What the fuck is taking him so long? Shit! Where the fuck is he going? Shit! Get off Mommy's chair.
Get off.
Get off.
I love you, Mommy.
I love you, Mommy.
I love you, Mommy.
I love you, Mommy.
Get the fuck off! When I am through with you