(d) This subpart does not apply to any legal proceeding in which:
- (1) An employee is to testify regarding facts or events that are unrelated to official business; or
- (2) A former employee is asked to testify as an expert on a matter in which that employee did not personally participate while at the Office so long as the former employee testifies concerning his or her personal opinion and does not purport to speak for or on behalf of the Copyright Office.