Case: 1:07-cv-00828--SAS-SKB Doc #: 2193 Filed: 02/28/13 Page: 1 of 37 PAGEID #: 8216
EXHIBIT B Case: 1:07-cv-00828-SAS-SKB Doe #: 219-3 Filed: 02/28/13 Page: 2 of 37 PAGEID #: 8217
IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF OHIO WESTERN DIVISION
EBRAHIM SHANEHCHIAN, Individually Case No, I :07-cv-00828-SAS-SKB And on Behalf of All Others Similarly Situated, Judge S. Arthur Spiegel Plaintiff, Magistrate Judge Stephanie K. Bowman
MACY'S, INC. el cii,,
Defendants
DECLARATION OF LORI C. FELDMAN ON BEHALF OF MILBERG LLP
I, LORI C. FELDMAN, declare as follows:
I am a member of the law firm of Milberg LLP (the "Firm"), which served as Co-
Lead Counsel in the above-captioned litigation (the "Litigation"). I have personal knowledge of
the matters set forth herein based upon my active supervision and participation in material
aspects of the Litigation.
2. I submit this Declaration in support of plaintiffs' application for attorneys' fees
and reimbursement of expenses.
3. My Firm has extensive class action experience. The Firm represents individual
and institutional investors and employees in class action cases litigated in the United States. My
Firm has served as sole lead-counsel, co-lead counsel or on an executive committee in numerous
class actions, including cases brought on behalf of employees under the ERISA statute. Attached
hereto as Exhibit 1 is the Firm's r€sum€, which describes my Firm and includes the biographies
for the attorneys in my Firm who were principally involved in this Litigation in detail. Case: 1:07-cv-00828-SAS-SKB Doc #: 219-3 Filed: 02/28/13 Page: 3 of 37 PAGEID #: 8218
4. My Firm acted as Plaintiffs' Co-Lead Counsel in the Litigation. In that capacity,
my firm has been actively involved in virtually all aspects of the Litigation and has played a
major role in every material aspect of the Litigation. The tasks undertaken by my firm are
discussed in detail in the Joint Declaration of Arvind Khurana and Robert I. Harwood in Support
of Lead Plaintiffs' Motion for: (1) Final Approval of Class Action Settlement and (2) Plan of
Allocation of Settlement Proceeds and Co-Lead Counsel's Motion for: (1) Reimbursement of
Fees and Expenses and (2) Case Contribution Awards (the "Joint Declaration"), submitted
concurrently herewith.
5. The total number of hours spent by the Firm on the Litigation to date is
3,852.80 hours) The total dollar value of the Firm's time is $1,991,266.25, which is based on
the current rates regularly charged by the Firm to its hourly fee paying clients. These rates are the
same as the regular current rates charged for their services in non-contingent matters and/or
which have been applied to my Firm by courts conducting lodestar analysis or cross-check in
other class litigation. For personnel who are no longer employed by my Firm, the lodestar
calculation is based on the hourly billing rates for such personnel in his or her final year of
employment by my Firm. Time expended in preparing the application for fees and
reimbursement of expenses has not been included in this Declaration.
Plaintiffs' Counsel are not including, for purposes of this application, many time entries in the exercise of billing discretion.
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6. The following is a summary of the amount of time spent by each of the Firm's
professionals in connection with the Litigation.
Name Status Hours Lodestar Andrejkovics, Paul J. (P) 107,00 $66,875.00 Feldman, Lori C. (P) 430.25 $322,687.50 Cluck, Matthew (P) 19.75 $18,762.50 Khurana, Arvind B. (P) 1,605.75 $923,306.25
Foglietta, Scott (A) 393.55 $137,742.50
Sosa, Jennifer J. (A) 626.50 - $266,262.50
Roehier, Stephen R. (TA) 498.50 $199,400.00
Barrett, Meredith (PL) 122.75 $39,893.75 Sheetz, Audrey (PL) 31.00 $7,905.00
Brown, James M. (FAcc) 17.75 $8,431.25
TOTAL: 3,852.80 $1,991,266.25 (P) Partner (A) Associate (PL) Paralegal (FAcc) Forensic Accountant
7. The foregoing lodestar is based upon the contemporaneous time records
maintained by the Firm which are an accurate record of the hours spent on the Litigation by
members and employees of the Firm. The schedule was prepared from time records regularly
prepared and maintained, which are available for inspectionin camera at the Court's request.
2 These records may include information concerning privileged and/or confidential attorney client communications or work product.
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8. The Firm has incurred $288,225.36 in reasonable, customary and necessary
expenses in connection with the prosecution of the Litigation from inception through the date
hereof, which have not been reimbursed, These expenses are broken down as follows:
categoa Amount Filing Fees $3,644.30 Experts/Consultants/Professional Services $100,058.38 Document and Data Management Expenses $11,530.00 Litigation Fund Assessments $100,000.00 Out-of-Town Meals/Hotel/Transportation $11,172.09 Computer Research (Lexis, Pacer, etc.) $52,881.20 Photocopying/Reproduction $6,898.31 Postage/Messenger/Federal Express $1,504.64 Telephone $536.44 TOTAL: $288,225.36
9. The expenses pertaining to this case are reflected in the books and records of the
Firm, which are available for inspection at the Court's request. These books and records are
prepared from expense vouchers, check records and other documents and are an accurate record
of the expenses as charged by the vendors.
I declare under penalty of perjury that the foregoing is true and correct.
Executed this 28th day of February 2013, at New York, New York.
LORI G. FELDMAN
rd Case: 1:07-cv-00828-SAS-SKB Doc #: 219-3 Filed: 02/28/13 Page: 6 of 37 PAGEID #: 8221 NEW YORK €*: lIAlvi I LLP LOS ANGELES G DETROIT
THE FIRM'S PRACTICE AND ACHIEVEMENTS
Milberg LLP, founded in 1965, was one of the first law firms to prosecute class actions in federal courts on behalf of investors and consumers. The Firm pioneered this type of litigation and is widely recognized as a leader in defending the rights of victims of corporate and other large-scale wrongdoing. The Firm's practice focuses on the prosecution of class and complex actions in many fields of commercial litigation, including securities, corporate fiduciary, ERISA, consumer, False Claims Act, antitrust, bankruptcy, mass tort, and human rights litigation. The Firm has offices in New York City, Los Angeles, and Detroit. In its early years, the Firm built a new area of legal practice in representing shareholder interests under the then recently amended Rule 23 of the Federal Rules of Civil Procedure, which allowed securities fraud cases, among others, to proceed as class actions. In the following decades, the Firm obtained decisions establishing important legal precedents in many of its areas of practice and prosecuted cases that set benchmarks in terms of case theories, organization, discovery, trial results, methods of settlement, and amounts recovered and distributed to clients and class members. Important milestones in the Firm's early years include the Firm's involvement US,in the Financial litigation in the early 1970s, one of the earliest large class actions, which resulted in a $50 million recovery for purchasers of the securities of a failed real estate development company; the Ninth Circuit decisionBlackie v. in Barrack in 1975, which established the fraud-on-the-market doctrine for securities fraud actions; the Firm's co- lead counsel position in the In re Washington Public Power Supply System ("WPPSS") Securities Litigation,a seminal securities fraud action in the 1980s in terms of complexity and amounts recovered; the representation of the Federal Deposit Insurance Corporation in a year-long trial to recover banking losses from a major accounting firm, leading to a precedent-setting global settlement; attacking the Drexel-Milken "daisy chain" of illicit junk- bond financing arrangements with numerous cases that resulted in substantial recoveries for investors; representing life insurance policyholders defrauded by "vanishing premium" and other improper sales tactics and obtaining large recoveries from industry participants; and ground-breaking roles in the multi-front attack on deception and other improper activities in the tobacco industry. Milberg remains at the forefront in its areas of practice. Significant litigation results include:In re Vivendi Universal, S.A. Securities Litigation(post-verdict proceedings pending with claims valued at over $1 billion); In re Tyco International, Ltd. Securities Litigation($3.2 billion settlement);In re Nortel Networks Corp. Securities Litigation(settlement for cash and stock valued at $1.142 billion);In re Lucent Technologies, Inc. Securities Litigation ($600million recovery);In re Raytheon Co. Securities Litigation ($460million recovery); In re Managed Care Litigation(recoveries over $1 billion and major changes in HMO practices);In rethe Washington Public Power Supply System Securities Litigation(settlements totaling$775 million), and theIn re NASDAQ Market-Makers Antitrust Litigation ($1billion in recoveries). Milberg has been responsible for recoveries valued at approximately$55 billion during the life of the Firm. The Firm's lawyers come from many different professional backgrounds. They include former judges, professors, prosecutors, private defense attorneys, and government lawyers. The Firm's ability to pursue claims against defendants is augmented by its team of investigators, headed by a 27-year veteran of the Federal Bureau of Investigation, as well as in-house staff with expertise in forensic accounting and financial analysis. In addition, Milberg offers in-house e-discovery specialists and data hosting capabilities. For more information, please visit wwwmi1g.co1n.
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JUDICIAL COMMENDATIONS
Milberg has been commended by countless judges throughout the country for the quality of its representation. Milberg partners played leading roles in representing class plaintiffs in a nearly four-month juryIn trial in re Vivendi Universal, S.A. Securities Litigation, No. 02-5571 (S.D.N.Y.), which in January 2010 resulted in a jury verdict for an international class of defrauded investors (with claims valued at over $1 billion; claims procedure pending). At the close of the trial, Judge Richard Holwell commented: I can only say that this is by far the best tried case that I have had in my time on the bench. I don't think either side could have tried the case better than these counsel have.
In approving a $3.2 billion securities fraud settlement, one of the largest in history,In re Tycoin International, Ltd. Securities Litigation, 535 F. Supp. 2d 249, 270 (D.N.FI, 2007), Judge Barbadoro lauded Milberg's efforts as co-lead counsel: This was an extraordinarily complex and hard-fought case. Co-Lead Counsel put massive resources and effort into the case for five long years, accumulating [millions of dollars in expenses] and expending [hundreds of thousands of hours] on a wholly contingent basis. But for Co-Lead Counsel's enormous expenditure of time, money, and effort, they would not have been able to negotiate an end result so favorable for the class.... Lead Counsel's continued, dogged effort over the past five years is a major reason for the magnitude of the recovery.
In Simon v. KPMG LLP, No. 05-3189, 2006 U.S. Dist. LEXIS 35943, at*18, 30-31 (D.N.J. June 2, 2006), a case in which Milberg served as class counsel, Judge Cavanaugh, in approving the $153 million settlement, found that "Plaintiffs . . . retained highly competent and qualified attorneys" and that "[t]he Initial Complaint . . . demonstrates that [Milberg] expended considerable time and effort with the underlying factual and legal issues in this case before even filing this lawsuit. . . . Settlement discussions were conducted over a period of some fourteen months with the supervision and guidance of Judges Politan and Weinstein, and are evidence of [Milberg's] appreciation of the merits and complexity of this litigation." In In re Lucent Technologies,Inc. Securities Litigation, 307 F. Supp. 2d 633, 641-47 (D.N.J. 2004), Judge Pisano issued an opinion approving the $600 million settlement and complimenting Milberg's work as co- lead counsel for the class as follows: [T]he attorneys representing the Plaintiffs are highly experienced in securities class action litigation and have successfully prosecuted numerous class actions throughout the United States. They are more than competent to conduct this action. Co-Lead Counsel diligently and aggressively represented the Plaintiffs before this Court and in the negotiations that resulted in the Settlement. . . . [T]he efforts and ingenuity of Lead Plaintiffs and Lead Counsel resulted in an extremely valuable Settlement for the Benefit of the Class.
In In re Rite Aid Corp. Securities Litigation, 269 F. Supp. 2d 603, 611 (E.D. Pa. 2003), Judge Dalzell commented on the skill and efficiency of the Milberg attorneys litigating this complex case: At the risk of belaboring the obvious, we pause to say a specific word about , . . the skill and efficiency of the attorneys involved. [Milberg was] extraordinarily deft and efficient in handling this most complex matter. [T]hey were at least eighteen months ahead of the United States Department of Justice in ferreting out the conduct that ultimately resulted in the write-down of over $1.6 billion in previously reported Rite Aid earnings. . . . In short, it would be hard to equal the skill class counsel demonstrated here.
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In In re IKON Office Solutions, Inc. Securities Litigation,194 F.R.D. 166, 195 (ED. Pa, 2000), Judge Katz commented on Milberg's skill and professionalism as one of plaintiffs' co-lead counsel: First, class counsel is of high caliber and has extensive experience in similar class action litigation. . . . Each of the co-lead counsel firms has a national reputation for advocacy in securities class actions, and there is no doubt that this standing enhanced their ability both to prosecute the case effectively and to negotiate credibly.
Of particular note in assessing the quality of representation is the professionalism with which all parties comported themselves. The submissions were of consistently high quality, and class counsel has been notably diligent in preparing filings in a timely manner even when under tight deadlines. This professionalism was also displayed in class counsel's willingness to cooperate with other counsel when appropriate. . . . This cooperation enabled the parties to focus their disputes on the issues that mattered most and to avoid pointless bickering over more minor matters.
In In re NASDAQ Market-Makers Antitrust Litigation,187 F.R.D. 465, 474 (S.D.N.Y. 1998), in an opinion approving settlements totaling over $1,027 billion, Judge Sweet commented: Counsel for the Plaintiffs are preeminent in the field of class action litigation, and the roster of counsel for Defendants includes some of the largest, most successful and well regarded law firms in the country. It is difficult to conceive of better representation than the parties to this action achieved.
Judicial recognition of Milberg's excellence is not limited to courts within the United States.In re In Flag Telecom Holdings, Ltd. Securities Litigation,No. 02-3400 (S.D.N.Y. 2009), Milberg litigated a discovery dispute before the English Royal High Court of Justice, Queens Bench Division, which recognized the Milberg attorney handling the matter as a "Grade A" lawyer and a "vital cog in the machine." Likewise,Sharma in v. Tiinminco Ltd., 09-378701 (Can. Ont. Sup. Ct. 2009), Canada's Ontario Superior Court of Justice recognized Milberg's "fine reputation and excellent credentials" in connection with Milberg's representation in a securities case pending in Canada.
Milberg has also been recognized for its commitment to public service. In lauding Milberg's work representing victims of the September 11th attack on the World Trade Center in connection with the September 11 Victims Compensation Fund, Special Master Kenneth R. Feinberg stated the following: Once again, as I have learned over the years here in New York, the [Milberg] firm steps up to the plate in the public interest time and time again. The social conscience of the [Milberg] firm, acting through its excellent associates and partners, help deal with crises that confront the American people and others, and I am personally in the debt of Milberg. . . for the work that it is doing . . . . [T]hey are second among none in terms of the public interest, and I'm very, very grateful, not only to you guys for doing this, but . . . for the firm's willingness to help out. I wanted to let everybody know that.
In re September 11 Victim compensation Fund,Preliminary Hearing, Claim No. 212-003658 (Dec. 9, 2003).
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NOTEWORTHY RESULTS
The quality of Milberg's representation is further evidenced by the Firm's numerous significant recoveries, some of which are described below.
In In re Vivendi Universal, S.A. Securities during the class period and failed to adhere to Litigation, No. 02-5571 (S,D.N.Y.), Milberg the standard accounting practices the company lawyers were instrumental in obtaining a jury claimed to have followed. In the course of verdict for an international class of defrauded litigating plaintiffs' claims, Milberg engaged in investors after a trial lasting nearly four arduous and exhaustive factual discovery, months. The jury found Vivendi liable for 57 including review and analysis of more than four false or misleading class period statements. The million pages of complex accounting and case is now in post-verdict proceedings. Even auditing documents and thousands of pages of with claimants who made foreign purchases SEC deposition transcripts. Plaintiffs' claims removed from the class after the Supreme survived three motions to dismiss and a motion Court'sMorrison decision, total damage claims for summary judgment, ultimately resulting in a exceed $1 billion. $750 million settlement, which received final approval on January 14, 2009. In re Initial Public Offering Securities Litigation, No. 21-92 (S.D.N.Y.). Milberg In re Tyco International Ltd., Securities represented investors in 310 consolidated Litigation, MDL 1335 (D.N.H.). Milberg securities actions arising from an alleged market served as co-lead counsel in this litigation, manipulation scheme. Plaintiffs alleged, among which involved claims under the Securities Act other things, that approximately 55 defendant of 1933 and the Securities Exchange Act of investment banks, in dealing with certain of 1934 against Tyco and its former CEO, CFO, their clients, conditioned certain allocations of general counsel, and certain former directors shares in initial public offerings on the arising out of allegations of Tyco's $5.8 billion subsequent purchase of more shares in the overstatement of income and $900 million in aftermarket, thus artificially boosting the prices insider trading, plus hundreds of millions of of the subject securities. This fraudulent dollars looted by insiders motivated to commit scheme, plaintiffs alleged, was a major the fraud. Plaintiffs also asserted claims under contributing factor in the now infamous the 1933 and 1934 Acts against technology "bubble" of the late 1990s and early PricewaterhouseCoopers LLP for allegedly 2000s. As a member of the court-appointed publishing false audit opinions on Tyco's Plaintiffs' Executive Committee, and with financial statements during the class period and certain partners appointed by the court as liaison failing to audit Tyco properly, despite counsel, Milberg oversaw the efforts of knowledge of the fraud. On December 19, approximately 60 plaintiffs' firms in combating 2007, the court approved a $3.2 billion some of the most well-respected defense firms settlement of the plaintiffs' claims and praised in the nation, In granting final approval to a the work of co-lead counsel. $586 million settlement on October5, 2009, the In re Sears, Roebuck & Co. Securities court described the law firms comprising the Litigation, No. 02-7527 (ND. Ill.). This case Plaintiffs' Executive Committee as the "cream involved allegations that Sears concealed of the crop." material adverse information concerning the Car/son v. Xerox, No. 00-1621 (D. Conn). financial condition, performance, and prospects Milberg served as co-lead counsel in this of Sears' credit card operations, resulting in an lawsuit, which consolidated 21 related cases artificially inflated stock price. The approved alleging violations of the federal securities laws. settlement provided $215 million to compensate Plaintiffs alleged that Xerox and several of its class members. top officers reported false financial results
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In re General Electric Co.ERISA Litigation, This case involved allegations that American No. 04-1398 (N.D.N.Y.). This ERISA class Express Financial Advisors violated securities action was brought on behalf of current and laws by representing to class members that the former participants and beneficiaries of the company would provide tailored financial General Electric ("G.E.") 401(k) Plan. Milberg, advice, when the company actually provided serving as co-lead counsel, achieved a $40 "canned" financial plans and advice designed to million settlement on behalf of current and steer clients into American Express and certain former G.E. employees who claimed that the nonproprietary mutual funds. The case settled company's 401(k) Plan fiduciaries imprudently for $100 million, with the settlement agreement invested more than two-thirds of the Plan's requiring that the company institute remedial assets in company stock. The settlement measures. included important structural changes to G.E.'s In re Lucent Technologies, Inc. Securities 401(k) plan valued at more than $100 million. Litigation, No. 00-621 (D.N.J.). In this federal In re Biovail Corp. Securities Litigation, No. securities fraud action in which Milberg served 03-8917 (S.D.N.Y.). Milberg, representing as co-lead counsel, plaintiffs alleged,inter a/ia, Local 282 Welfare Trust Fund and serving as that Lucent and its senior officers co-lead counsel, litigated this complex securities misrepresented the demand for Lucent's optical class action brought on behalf of a class of networking products and improperly recognized defrauded investors, alleging that defendants hundreds of millions of dollars in revenues. made a series of materially false and misleading The settlement provided compensation of $600 statements concerning Canadian company million to aggrieved shareholders who Biovail's publicly reported financial results and purchased Lucent stock between October 1999 the company's then new hypertension/blood and December 2000. pressure drug, Cardizem LA. This was a highly In re Raytheon Co. Securities Litigation,No. complex case in which counsel took numerous 99-12142 (D. Mass.). This case, in which depositions across the U.S. and Canada and Milberg served as lead counsel, concerned obtained documents from defendants and claims that a major defense contractor failed to several third-parties, including, among others, write down assets adequately on long term UBS, McKinsey & Co., and Merrill Lynch. construction contracts. In May 2004, Raytheon Milberg obtained a $138 million settlement for and its auditor, PricewaterhouseCoopers LLP, the class, and Biovail agreed to institute settled for a total of $460 million, significant corporate governance changes. In In ye Rite Aid Corp. Securities Litigation, In re Nortel Networks Corp. Securities No. 99-1349 (ED. Pa.), in which Milberg Litigation, No. 01-1855 (S.D.N.Y.). In this served as co-lead counsel, the plaintiffs asserted federal securities fraud class action, Milberg federal securities fraud claims arising out of served as lead counsel for the class and the allegations that Rite Aid failed to disclose court-appointed lead plaintiff, the Trustees of material problems with its store expansion and the Ontario Public Service Employees' Union modernization program, resulting in artificially Pension Plan Trust Fund. In certifying the inflated earnings. Judge Dalzell approved class class, the court specifically rejected the action settlements totaling $334 million against defendants' argument that those who traded in Rite Aid ($207 million), KPMG ($125 million), Nortel securities on the Toronto Stock and certain former executives of Rite Aid ($1.6 Exchange (and not the New York Stock million). Exchange) should be excluded from the class. The Second Circuit denied the defendants' In In re CMS Energy Corp. Securities attempted appeal. On January 29, 2007, the Litigation, No. 02-72004 (E.D. Mich.), a federal court approved a settlement valued at $1.142 securities fraud case arising out of alleged billion. round-trip trading practices by CMS Energy Corporation, Judge Steeh approved a cash In re American Express Financial Advisors Securities Litigation,No. 04-1773 (S.D.N.Y.).
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settlement of more than $200 million. Milberg settlement was approved by the court in July served as co-lead counsel in this litigation. 2005. Plaintiffs alleged that ImClone issued a number of misrepresentations and fraudulent In re Deutsche Telekom AG Securities statements to the market regarding the Litigation, No. 00-9475 (S.D,N.Y.). Milberg likelihood of approval of the drug Erbitux, served as co-lead counsel in this securities class thereby artificially inflating the price of action alleging that Deutsche Telekom issued a ImClone stock. false and misleading registration statement, which improperly failed to disclose its plans to In In re W.R. Grace & Co. (Official Committee acquire VoiceStream Wireless Corporation and of Asbestos Personal Injury Claimants v. materially overstated the value of the Sealed Air Corp. and Official Committeeof company's real estate assets. On June 14, 2005, Asbestos Personal Injury Claimants v. Judge Buchwald approved a $120 million cash Fresenius Medical Care Holdings, Inc.),Nos. settlement. 02-2210 and 02-2211 (D. Del.), Milberg acted as lead counsel for the asbestos personal injury In re CVS Corp. Securities Litigation,No. 01- and property damage committees in two 11464 (D. Mass). Milberg served as co-lead separate fraudulent conveyance actions within counsel in this class action alleging that the W.R. Grace bankruptcy. The actions sought defendants engaged in a series of accounting to return the assets of Sealed Air Corporation improprieties and issued false and misleading and Fresenius Medical Care Holdings (each of statements which artificially inflated the price of which had been Grace subsidiaries pre- CVS stock. On September 7, 2005, Judge bankruptcy) to the W.R. Grace bankruptcy Tauro approved a $110 million cash settlement estate. Complaints in both cases were filed in for shareholders who acquired CVS stock mid-March 2002, and agreements in principle in between February 6, 2001, and October 30, both cases were reached on November 27, 2002, 2001. the last business day before trial was set to Schemer v. i2 Technologies, Inc.,No. 01-418 begin in the Sealed Air matter. The two (N.D. Tex.). Milberg served as lead counsel in settlements, which consisted of both cash and this securities fraud case, filed on behalf of stock, were valued at approximately $1 billion. certain purchasers of i2 common stock. The Nelson v. Pacific Life Insurance Co.,No. 03- plaintiffs alleged that certain of the company's 131 (S.D. Ga.). Milberg served as lead counsel senior executives made materially false and in this securities fraud class action arising from misleading statements and omissions in i2's allegations of deceptive sales of deferred public statements and other public documents annuity tax shelters to investors for placement regarding i2's software, thereby artificially in retirement plans that are already tax- inflating the price of i2's common stock. In qualified. The court approved a $60 million May 2004, Milberg recovered a settlement of settlement of claims arising from such $84.85 million. deception. In re Royal Dutch/Shell Transport ERISA The Firm was lead counselIn in re Prudential Litigation, No. 04-1398 (D.N.J.). This was an Co. Sales Practice Litigation,No. ERISA breach of fiduciary duty class action Insurance 95-4704 (D.N.J.), a landmark case challenging against the Royal Dutch/Shell Oil Group of Prudential's sales practices that resulted in a Companies on behalf of certain of the recovery exceeding $4 billion for certain companies' U.S. employee investment plan policyholders. The settlement was approved in participants. Notably, the $90 million settlement a comprehensive Third Circuit decision. included important provisions regarding the monitoring and training of individuals In In re NASDAQ Market-Makers Antitrust appointed to be ERISA fiduciaries. Litigation, MDL 1023 (S.D.N.Y.), Milberg served as co-lead counsel for a class of Milberg served as co-lead counselIrvine in v. investors. The class alleged that the NASDAQ ImClone Systems, Inc.,No. 02-0109 market-makers set and maintained wide spreads (S.D.N.Y.), in which a $75 million cash
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pursuant to an industry-wide conspiracy in one In re Sunbeam Securities Litigation,No. 98- of the largest and most important antitrust cases 8258 (S.D. Fla). Milberg acted as co-lead in recent history. After more than three years of counsel for the class, Plaintiffs alleged that intense litigation, the case settled for a total of Sunbeam, its auditor, and its management $1,027 billion, one of the largest antitrust engaged in a massive accounting fraud which settlements at that time. led to a restatement of over three years of previously reported financial results. The court In re Washington Public Power Supply System approved a combined settlement of more than ("WPPSS") Securities Litigation,MDL 551 $140 million, including a $110 million (D. Ariz.) was a massive securities fraud settlement with Arthur Andersen LLP, litigation in which Milberg served as co-lead Sunbeam's auditor, At that time, the Andersen counsel for a class that obtained settlements settlement was one of the largest amounts ever totaling $775 million, the largest-ever securities paid by a public accounting firm to settle federal fraud settlement at that tune, after several securities claims. The settlement with the months of trial. individuals was achieved on the eve of trial, and In re Exxon Valdez, No.89-095 (D. Alaska) ended almost four years of litigation against and In re Exxon Valdez OilSpill Litigation, 3 Andersen and Sunbeam's insiders, including AN-89-2533 (Alaska Sup. Ct. 3d Jud. Dist.). Albert Dunlap, Sunbeam's former Chairman Milberg was a member of the Plaintiffs' and CEO. The settlement included a personal Coordinating Committee and co-chair of the contribution from Dunlap of $15 million. Plaintiffs' Law Committee in the massive In re Triton Energy Limited Securities litigation resulting from the Exxon Valdez oil Litigation, No. 98-256 (ED. Tex.). Plaintiffs spill in Alaska in March 1989. Plaintiffs alleged that defendants misrepresented, among obtained a jury verdict of$5 billion, which, other things, the nature, quality, classification, after years of appeals by Exxon, was reduced to and quantity of Triton's Southeast Asia oil and approximately $500 million by the United gas reserves during the period March 30, 1998 States Supreme Court. Recently the United through July 17, 1998. The case settled for $42 States Court of Appeals for the Ninth Circuit million. held that plaintiffs are entitled to post judgment interest on the award in the amount of In In re Thomas & Betts Securities Litigation, approximately $470 million. No. 00-2127 (W.D. Tenn.), the plaintiffs, represented by Milberg as co-lead counsel, In In re Managed Care Litigation,MDL 1334 alleged that Thomas & Betts engaged in a series (S.D. Fla.). Final approval of a settlement of accounting improprieties while publicly between a nationwide class of physicians and representing that its financial statements were in defendant CIGNA Healthcare, valued in excess compliance with GAAP, and failed to disclose of $500 million, was granted on April 22, 2004. known trends and uncertainties regarding its A similar settlement valued in excess of $400 internal control system and computer and million involving a nationwide class of information systems. The case settled for $46.5 physicians and Aetna was approved by the court million dollars in cash from the company and on November6, 2003. The settlements stem $4.65 in cash from its outside auditor, KPMG. from a series of lawsuits filed in both state and federal courts by physicians and medical In re MTC Electronic Technologies associations against many of the nation's largest Shareholder Litigation, No. 93-0876 health insurers arising from allegations that the (E.D.N.Y.). Plaintiffs alleged that defendants insurers engaged in a fraudulent scheme to issued false and misleading statements systematically obstruct, reduce, delay, and deny concerning, among other things, purported joint payments and reimbursements to health care venture agreements to establish providers. These settlements brought sweeping telecommunications systems and manufacture changes to the health care industry and telecommunications equipment in China. The significant improvements to physician-related court approved a settlement of $70 million, business practices.
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including $65 million in cash and $5 million amendment of the company's bylaws to permit worth of MTC Class A shares with "put" rights. certain long-term substantial shareholders to propose, in the Company's own proxy re PaineWebber Limited Partnerships In In materials, nominees for election as directors (S.D.N.Y,). Milberg Litigation, No. 94-8547 (proxy access); and the requirement that all represented investors alleging that PaineWebber equity grants be approved by both the developed, marketed, and operated numerous Compensation Committee and a majority of the investment partnerships as part of an ongoing non-employee members of the Board. conspiracy to defraud investors and enrich itself through excessive fees and commissions over a In re Topps Co., Inc. Shareholder Litig.,No. twelve-year period. On March 20, 1997, Judge 600715/2007(N.Y. Sup. Ct. N.Y. Cnty, Apr, Sidney Stein approved a $200 million 17, 2007). Milberg served as co-lead counsel in settlement, consisting of $125 million in cash this transactional case, which led to a 2007 and $75 million worth of guarantees and fee decision vindicating the rights of shareholders waivers. under the rules of comity and the doctrine of forum non conveniensto pursue claims in the No. (S.D. Ga.) the In Andrews v. AT&T, 91-175 most relevant forum, notwithstanding the fact Firm represented a class of persons who paid for that jurisdiction might also exist in the state of premium-billed "900-number" calls that incorporation. This case was settled in late involved allegedly deceptive games of chance, 2007 in exchange for a number of valuable starting in 1993. Defendants included major disclosures for the class. long-distance companies, which approved the call programs and billed for the calls. In re Marketspan Corporate Shareholder Defendant MCI settled for $60 million in Litigation, No. 15884/98 (N.Y. Sup. Ct. Nassau benefits. The class against AT&T was Cnty.). The settlement agreement in this decertified on appeal and the Firm prosecuted derivative case required modifications of the individual plaintiffs' claims, obtaining a jury corporate governance structure, changes to the verdict in 2003 for compensatory and punitive audit committee, and changes in compensation damages. awards and to the nominating committee. In the context of shareholder derivative In re Trump Hotels Shareholder Derivative actions, Milberg has protected shareholder Litigation, No. 96-7820 (S.D.N.Y.). In this investments by effectuating important changes in case, the plaintiff shareholders asserted various corporate governance as part of the global settlement derivative claims on behalf of the company of such cases. Cases in which such changes were against certain Trump entities and senior Trump made include: executives in connection with the self-serving sale of a failing casino to the company in which In re Corn verse Technology,Inc. Derivative € the plaintiffs held stock. Milberg negotiated a No. 601272/2006 (N.Y. Sup. Ct. Litigation, settlement on behalf of the plaintiffs that N.Y. Cnty.). On December 28, 2009, Milberg required Donald Trump to contribute a announced a $62 million settlement for the substantial portion of his personal interest in a derivative plaintiffs, which was approved by the pageant he co-owned. In addition, the Court on June 23, 2010. The settlement also settlement required the company to increase the resulted in significant corporate governance number of directors on its board, and certain reforms, including the replacement of the future transactions had to be reviewed by a offending directors and officers with new special committee. independent directors and officers; the
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PRECEDENT-SETTING DECISIONS
Milberg has consistently been a leader in Abdullahi v. Pfizer, Inc.,562 F.3d 163, 170 (2d developing the federal securities, antitrust, and Cir. 2009). In this matter, the plaintiffs, consumer protection laws for the benefit of investors Nigerian children and their families, and consumers. The Firm has represented individual asserted claims under the Alien Tort Statute and institutional plaintiffs in hundreds of class action ("ATS") in connection with Pfizer's clinical litigations in federal and state courts throughout the trial of the drug, Trovan, without their country. In most of those cases, Milberg has served knowledge. In January 2009, the Second as lead or co-lead counsel. The Firm has also been Circuit reversed the District Court's dismissal responsible for establishing many important for lack of jurisdiction. The court held that the precedents, including the following: plaintiffs pled facts sufficient to state a cause of action under the ATS for a violation of € InMerck & Co., Inc. v. Reynolds130 S. Ct. international law prohibiting medical 1784 (2010), Milberg, along with other co-lead experimentation on human subjects without counsel, won a significant victory before the their consent. U.S. Supreme Court, which issued a decision addressing when an investor is placed on In re Coin verse Technology,Inc. Derivative "inquiry notice" of a securities fraud violation Litigation, 866 N.Y.S.2d 10 (App. Div. 1st sufficient to trigger the statute of limitations Dep't 2008). In this derivative case in which under 28 U.S.C. • 1658(b). The Court Milberg serves as co-lead counsel, plaintiff unanimously ruled that the two-year statute of shareholders sued certain of the company's limitations was not triggered because plaintiffs officers and directors based on allegations of did not have actual or constructive knowledge illegal options backdating. The lower court of "the facts constituting the violation," and as dismissed the plaintiffs' claims, holding that the such, the case was not time-barred. plaintiffs failed to make a pre-suit demand on Importantly, the Court held that the plaintiff the company's board, and that in any event, the must be on actual or constructive notice of facts board had already formed a special committee concerning the defendants' scienter in order to to investigate the misconduct. In this significant trigger the statute of limitations. This decision opinion reversing the lower court's dismissal, is significant in that it potentially enables the Appellate Division clarified the standards of plaintiffs to bring claims based on demand futility and held that a board of misstatements that are more than two years old. directors loses the protection of the business judgment rule where there is evidence of the € In re Lord Abbett Mutual Funds Fee directors' self-dealing and poor judgment. The Litigation, 553 F.3d 248 (3d Cir. 2009), This court noted that the mere creation of a special important decision set significant precedent committee did not justify a stay of the action regarding the scope of preemption under the and did not demonstrate that the board took Securities Litigation Uniform Standards Act of appropriate steps. Rather, "the picture 1998 ("SLUSA"). In reversing the District presented in the complaint is that of a special Court's dismissal of the plaintiffs' claims, the committee taking a tepid rather than a vigorous Third Circuit held that "SLUSA does not approach to the misconduct and the resultant mandate dismissal of an action in its entirety harm. Under such circumstances, the board where the action includes only some pre-empted should not be provided with any special claims." In so holding, the court explained that protection." "nothing in the language, legislative history, or relevant case law mandates the dismissal of an South Ferry LP #2 v. Killinger,542 F.3d 776 entire action that includes both claims that do (9th Cir. 2008). The important opinion issued not offend SLUSA's prohibition on state law by the Ninth Circuit in this securities fraud class securities class actions and claims that do . . . action clarified, in the post-Tellabs environment, whether a theory of scienter based on the "core operations" inference satisfies the
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PSLRA's heightened pleading standard. In adhere to our decision to reverse the judgment siding with the plaintiffs, represented by of the district court dismissing the suit." The Milberg, the Ninth Circuit held that unanimous decision was written by Judge "[a]llegations that rely on the core operations Richard A. Posner. inference are among the allegations that may be Asher v. Baxter International, Inc.,377 F.3d considered in the complete PSLRA analysis." 727 (7th Cir. 2004). In reversing and The court explained that under the "holistic" remanding the District Court's dismissal, the approach required byTellabs, all allegations Seventh Circuit resolved in plaintiffs' favor an must be "read as a whole" in considering important issue involving the PSLRA's "safe whether plaintiffs adequately plead scienter. harbor" for forward-looking statements. The After remand, the District Court found that the court held that whether a cautionary statement is plaintiffs sufficiently alleged scienter under the meaningful is an issue of fact, because whether Ninth Circuit's analysis. a statement is meaningful or not depends in part In re Gilead Sciences Securities Litigation,536 on what the defendant knew when the statement F.3d 1049 (9th Cir. 2008). In this securities was made as well as other issues of fact. Thus, fraud class action in which Milberg represents this issue is not appropriately resolved on a the plaintiffs, the Ninth Circuit reversed the motion to dismiss. District Court's dismissal of the complaint in Gebhardt v. ConAgra Foods, Inc.,335 F.3d this opinion clarifying loss causation pleading 824 (8th Cir. 2003). This important decision requirements. In ruling that the plaintiffs strongly reaffirmed the principle that whether an adequately pled loss causation, the Ninth Circuit undisclosed fact would have been material to held that the plaintiffs' complaint identified a investors cannot ordinarily be decided on a "specific economic loss" following the issuance motion to dismiss. The Eighth Circuit, stressing of a specific press release, along with that "[t]he question of materiality hinges on the allegations of misrepresentations that were particular circumstances of the company in described in "abundant detail." The opinion question," observed that even relatively small established that plaintiffs in a securities fraud errors in financial statements might be material action adequately plead loss causation where if they concern areas of particular importance to they provide sufficient detail of their loss investors and raise questions about management causation theory and some assurance that the integrity. theory has a basis in fact. Based on this analysis, the dismissal was reversed, and the In re ('abletron Systems,Inc., 311 F.3d 11(1st case was remanded to the District Court for Cir. 2002). In this opinion, the First Circuit further proceedings. joined the Second Circuit in allowing a complaint to be based on confidential sources. In Tel/abs, Inc. v. Makor Issues & Rights, Ltd., The court also accepted the argument made by 551 U.S. 308 (2007), in which Milberg is lead plaintiffs, represented by Milberg, that courts counsel for the class, the United States Supreme should consider the amount of discovery taken Court announced a uniform standard for place prior to deciding a motion to dismiss, with evaluating the sufficiency of a complaint under a lack of discovery resulting in a the PSLRA. The court held that on a motion to correspondingly less stringent standard for dismiss, a court "must consider the complaint in pleading securities fraud claims with its entirety," accepting "all factual allegations in particularity. the complaint as true," as well as "tak[ing] into account plausible opposing inferences." On In Puckett v. Sony Music Entertainment,No. remand, the Seventh Circuit concluded that "the 108802/98 (N.Y. Sup. Ct, N.Y. Cnty. 2002), a plaintiffs have succeeded, with regard to the class action was certified against Sony Music statements identified in our previous opinion as Entertainment on behalf of a class of recording having been adequately alleged to be false and artists who were parties to standard Sony material, in pleading scienter in conformity with recording or production agreements entered into the requirements of the PSLRA. We therefore during the class period. The complaint alleged
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that Sony had a policy of treating the value context, the Trust's representations would have added tax on foreign sales of recordings misled a reasonable investor. improperly thereby impermissibly reducing the In Shaw v. Digital Equipment corp., 82 F.3d royalties paid or credited to the class members. 1194 (1st Cir. 1996), the First Circuit remanded Justice DeGrasse of the New York State plaintiffs' action after affirming, in part, Supreme Court determined that class Milbergs' position that in association with the certification was appropriate and that Gary filing of a prospectus related to the issuance of Puckett (of Gary Puckett & the Union Gap) and securities, a corporate-issuer must disclose jazz musician and composer Robert Watson intra-quarter, materially adverse changes in its were appropriate class representatives to business, if such adverse changes constitute represent the class of artists and producers to "material changes" the disclosure of which is whom Sony accounts for foreign record required pursuant to the Securities Act of 1933. royalties. In ye Salomon, Inc. Shareholders Derivative Novak v. Kasaks, 216 F.3d 300 (2d Cir. 2000). Litigation, 68 F,3d 554 (2d Cir.1995). The The Firm was lead counsel in this seminal Second Circuit affirmed the District Court's securities fraud case in which the Second holding that derivative federal securities claims Circuit undertook an extensive analysis of the against defendants would not be referred to statutory text and the legislative history of the arbitration pursuant to the arbitration provisions PSLRA and pre-existing Second Circuit case of the Rules of the New York Stock Exchange, law. Among other things, the Second Circuit but would be tried in District Court. Shortly held that the PSLRA's pleading standard for thereafter, the case settled for $40 million. scienter was largely equivalent to the pre- existing Second Circuit standard and vacated Kamen v. Kemper FinancialServices, Inc., 500 the District Court's dismissal which sought to U.S. 90 (1991). The Supreme Court upheld the impose a higher standard for pleading scienter right of a stockholder of a mutual fund to bring under the PSLRA. The Second Circuit also a derivative suit without first making a pre-suit rejected any general requirement that plaintiffs' demand. Specifically, the Court held that confidential sources must be disclosed to satisfy "where a gap in the federal securities laws must the PSLRA' s newly-enacted particularity be bridged by a rule that bears on the allocation requirements. of governing powers within the corporation, federal courts should incorporate state law into In re Advantacorp. Securities Litigation, 180 federal common law unless the particular state F.3d 525 (3d Cir. 1999). Here, the plaintiffs, law in question is inconsistent with the policies represented by Milberg, successfully argued that underlying the federal statute. . . . Because a under the PSLRA, scienter is sufficiently pled futility exception to demand does not impede by making an adequate showing that the the regulatory objectives of the [Investment defendants acted knowingly or with reckless Company Act], a court that is entertaining a disregard for the consequences of their actions. derivative action under that statute must apply The Third Circuit specifically adopted the the demand futility exception as it is defined by Second Circuit's scienter pleading standard for the law of the State of incorporation." pleading fraud under the PSLRA. Mosesian v. Peat, Marwick, Mitchell & Co., In Hunt v. Alliance North American 727 F.2d 873 (9th Cir. 1984),cert. denied, 469 Government Income Trust,Inc., 159 F.3d 723 U.S. 932 (1984). The Ninth Circuit upheld an (2d Cir. 1998), the Second Circuit reversed the investor's right to pursue a class action against District Court's ruling, which denied plaintiffs an accounting firm, adopting statute of leave to amend to assert a cause of action limitation rules for Section 10(b) suits that are against defendants for failing to disclose that the favorable to investors. defendant Trust was unable to utilize proper "hedging" techniques to insure against risk of € Hasan v. CleveTrust Realty Investors,729 F.2d loss. In the court's view, taken together and in 372 (6th Cir. 1984). The Sixth Circuit very strictly construed, and thus narrowed, the ability
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of a "special litigation committee" of the board were personally unaware of the false and of a public company to terminate a derivative misleading statements reflected in the stock's action brought by a shareholder. price. In so holding, the court noted that class actions are necessary to protect the rights of Fox v. Reich& Tang, Inc., 692 F2d 250 (2d defrauded purchasers of securities. Cir. 1982), aff'dsub nom, Daily Income Fund, Inc. v. Fox, 464 U.S. 523 (1984). The court Bershad v. McDonough,300 F. Supp. 1051 held that a Rule 23,1 demand is not required in (ND. Ill. 1969), aff'd, 428 F.2d 693 (7th Cir. a shareholder suit brought pursuant to Section 1970). In this case, the plaintiff, represented by 36(b) of the Investment Company Act. Milberg, obtained summary judgment on a claim for violation of Section 16(b) of the Rflcin v. Crow, F.2d 256 (5th Cir. 1978). 574 Securities Exchange Act, where the transaction The Fifth Circuit reversed an order granting at issue was structured by the defendants to look summary judgment for defendants in a Section like a lawful option. The decision has been 10(b) case, paving the way for future acceptance cited frequently in discussions as to the scope of the "fraud-on-the-market" rationale in the and purpose of Section 16(b). Fifth Circuit. 402 F.2d 909 (2d Cir. 1968). 524 F.2d 891 (9th Cir. Heit v. Weitzen, Blackie v. Barrack, The court held that liability under Section 10(b) 429 U.S. 816 (1976). This 1975), cert. denied, of the Securities Exchange Act extends to is the seminal appellate decision on the use of defendants, such as auditors, who were not in the "fraud-on-the-market" theory of reliance, privity with the named plaintiffs or the class allowing investors who purchase stock at represented by the named plaintiffs. artificially inflated prices to recover even if they
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Partners
MICHAEL C. SPENCER graduated from Yale health care funds seeking to recover costs for University in 1973 with a B.A. degree,magna cum treating smoking-related illnesses from the tobacco laude, with distinction, in philosophy. While at industry, pursuing the cases through several Yale, he was elected to Phi Beta Kappa. Mr. appeals. He has also represented plaintiffs in cases Spencer received a J.D. degree from Harvard Law involving accounting malpractice, limited School,cum laude,in 1976. partnership investments, real estate closing fees and mortgage insurance, contract disputes, defamation, Mr. Spencer has prosecuted a broad range of unlawful lotteries, and consumer deception. cases at Milberg LLP, with an emphasis on representing plaintiffs in class and other Mr. Spencer began his legal career as a law representative actions involving complex financial clerk to U.S. District Judge Wm. Matthew Byrne Jr. issues. in Los Angeles (1976-77). He then returned to New York and joined Cravath, Swaine & Moore as an He was one of the principal trial counsel for associate, where he worked until 1986, when he plaintiffs in In re Vivendi Universal, S.A. Securities joined Milberg as an associate and became a partner (S.D.N.Y.), a securities fraud class action Litigation later that year. in which the jury returned a verdict for the plaintiffs in January 2010. He is presently handling post-trial ROBERT A. WALLNER received his B.A. motions and defendant's anticipated appeal. The degree from the University of Pennsylvania in 1976 case is notable for the size of the verdict and for graduatingmagna cum laude.He attended New inclusion of investors from France, England, and York University School of Law, earning his J.D. the Netherlands, as well as the United States, in the degree in 1979. He was elected to the law school's certified class. Order of the Coif and served as an editor ofNew the York University Law Review. Mr. Spencer has handled many other securities cases at the Firm, including those against Mr. Wailner has litigated complex securities, defendants in the fields of technology, real estate, consumer and antitrust class actions throughout the finance, leasing, manufacturing, and country. He currently represents plaintiffs in pharmaceuticals. His first exposure to this type of lawsuits arising out of the Madoff Ponzi scheme. case was in the precedent-setting"WPPSS" He has also represented investorsIn inre Initial litigation in the late 1980s, which involved bond Public Offering Securities Litigation(S,D.N,Y), In defaults on nuclear power plants in the Pacific re CMS Energy Corporation Securities Litigation Northwest and established the blueprint for (ED. Mich.), and In re Deutsche Telekom AG prosecuting many complex securities class actions Securities Litigation(S.D,N.Y.), and consumers in that followed. In re Synthroid Marketing Litigation(N.D. Ill.) and the Mercedes-Benz Tire Litigation(D.N.J.). Mr. Spencer has also led the Firm's prosecution of other cases in diverse fields, He was one of two Mr. Wallner is a frequent lecturer on securities principal trial counsel representing the FDIC in its and complex litigation issues. He has served on the year-long trial against a major accounting firm editorial board of Securities Litigation Report,as a involving failed-bank audits, which led to a global faculty member of the American Bar Association's settlement covering all government claims just First Annual National Institute on Securities before closing arguments to the jury. He has Litigation and Arbitration, and as a member of the prosecuted consumer and securities claims against Federal Courts Committee of the Association of the companies that sold deferred annuities unsuitable Bar of the City of New York. He was recently for retirement plan investors. He has taken recognized in Lawdragon's "100 Lawyers You appraisal and breach of fiduciary duty cases to trial Need to Know in Securities Litigation." in Delaware and Pennsylvania. He had extensive involvement in representing a coalition of union
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SANFORD P. DUMAIN attended Columbia the New York University School of Law in 1978, University where he received his B.A. degree in and a master of public affairs from the Woodrow 1978. He graduatedcum laude from Benjamin N. Wilson School of Princeton University in 1978. Cardozo School of Law of Yeshiva University in While in law school, Mr. Weprin was notes and 1981. comments editor of theNew York University Law Review. Mr. Dumain represents plaintiffs in cases involving securities fraud, consumer fraud, Since joining Milberg, Mr. Weprin has insurance fraud, and violations of the antitrust laws. specialized in securities and insurance litigation. He has served as lead or co-lead counsel in a Mr. Dumain was co-lead counselIn in re Tyco number of complex securities class action in which International Ltd., Securities Litigation litigations. He was one of the principal attorneys in $3.2 billion was recovered for investors. Mr. the sales practice litigations against The New York Dumain also served as lead counsel in the securitiesLife Insurance Company, The New England Life class actions against Nortel and Biovail, which are Insurance Service Company, The Massachusetts the highest and third highest recoveries ever in Mutual Life Insurance Company, The John Nortel cases involving Canadian companies. The Hancock Mutual Life Insurance Company, and The Biovail settlement was valued at over $1 billion and Prudential Life Insurance Company which settled for over $138 million in cash. Mr. Dumain recovered billions of dollars for policyholders. Mr. successfully represented the City of San Jose, Weprin is a frequent lecturer on complex litigation California against 13 of the City's broker-dealers issues. and its outside accountants in connection with major losses in unauthorized bond trading. Previously, Mr. Weprin served as law clerk to Judge Charles P. Sifton of the United States District Mr. Dumain began his career as a law clerk to Court for the Eastern District of New York and was Judge Warren W. Eginton, United States District associated with the law firm of Wachtell Lipton Court for the District of Connecticut 1981-1982. Rosen& Katz where he specialized in commercial During the early years of his practice, he also and securities litigation. He also served as general served as an Adjunct Instructor in Legal Writing counsel to the New York State Housing Finance and Moot Court at Benjamin N. Cardozo School of Agency and the New York State Medical Care Law. Facilities Finance Agency, two agencies that issue Mr. Dumain has lectured for ALl-ABA tax exempt bonds for financing nonprofit medical concerning accountants' liability and has facilities and qualified housing projects. prosecuted several actions against accounting firms. Mr. Weprin is very active in his community of Judge Janet C. Hall of the District of Mamaroneck, New York, having served as a Town Connecticut made the following commentIn in re Councilman and a member of the Zoning Board of Fine host Corporation Securities LitigationNo. 97- Appeals. He is the President-Elect of the National 2619 (D.Conn.): "The court also finds that the Association of Shareholder and Consumer plaintiff class received excellent counseling, Attorneys (NASCAT). particularly from the Chair of the Plaintiffs' Mr. Weprin is a member of the American Bar Executive Committee, Attorney Dumain." Association, the Association of the Bar of the City Mr. Dumain is admitted to practice in the State of New York, the New York County Lawyers of New York, United States District Court for the Association, and the New York State Bar Southern and Eastern Districts of New York, Association. Mr. Weprin is admitted to practice in District of Colorado, and District of Connecticut, New York, the United States District Court for the and United States Courts of Appeals for the First, Southern and Eastern Districts of New York, the Second, Third, Sixth, Seventh, and Eighth Circuits. United States Court of Appeals for the Second Circuit, and the United States Supreme Court. Mr. Dumain is the Chair of the Firm's Executive Committee. BRAD N. FRIEDMAN focuses his practice on various complex commercial matters, including BARRY A. WEPRIN graduated from Harvard College in 1974. He received a J.D. degree from
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securities, bankruptcy, consumer, and life insurance Ms. Pollack has successfully prosecuted many class actions. consumer and securities cases. She is one of the lead counsel in the recent $28.5 million settlement Mr. Friedman has recovered billions of dollars in In re Reebok EasyTone Litigation,No. 10-11977 on behalf of injured plaintiffs, including as lead (D. Mass.), as well as the $45 million settlement in counsel in numerous 'vanishing premium" and In re Skechers Toning Shoes Product Liability "churning" life insurance sales practice class actions Litigation (Grabowski), MDL No. 2308 (W.D. (including cases against Prudential andKy.), false advertising class actions involving Metropolitan Life). toning shoes. She is also lead counsel in numerous In 2009, after eight years of arduous litigation, other class actions involving consumer fraud, Ms. Mr. Friedman recovered $750 million for Pollack recently won a jury trial against R.J. shareholders inCar/son v. Xerox, one of the 10 Reynolds in a wrongful death tobacco case in largest securities class-action settlements in U.S. Florida state court. She was also lead trial counsel history. Judge Thompson noted the complexity of in a federal court case against a major mutual fund the international accounting case and complimented advisor. Milberg's legal work, saying, "The class received high-quality legal representation and obtained a Ms. Pollack is a member of the Firm's Hiring very large settlement in the face of vigorous and Assignment Committees. She also founded and opposition by highly experienced and skilled runs the Firm's mentor program for all associates. defense counsel." In addition, she is in charge of the Firm's quarterly newsletter,In Brief, and the Firm's CLE program. In 2002, Mr. Friedman acted as lead counsel on She is also the founder and chair of the Firm's behalf of various asbestos committees inW.R. the Women's Committee, which focuses on fostering Grace bankruptcy and successfully recovered relationships within and outside of the Firm approximately $1 billion through a fraudulent between and among women. conveyance litigation that settled on the eve of trial. Mr. Friedman is currently representing Ms. Pollack is co-chair of the Women's numerous individuals and organizations victimized Initiative of the National Association of by the Bernard Madoff Ponzi scheme. Shareholder & Consumer Attorneys (NASCAT), for which she organizes meetings and charity Mr. Friedman began his legal career as a clerk events. A frequent public speaker, Ms. Pollack has to the Honorable Max Rosenn, United States Court given lectures on such topics as consumer fraud, of Appeals for the Third Circuit. Following his securities regulation, time and stress management, clerkship, Mr. Friedman was associated with Cy Pres, and other related topics. Ms. Pollack was Simpson Thacher & Bartlett LLP, where he worked recently appointed to the New York City Bar until 1994. Mr. Friedman became a Milberg partner Association's Women in the Profession Committee. in 1996. He is a member of the American Constitution Ms. Pollack's recent achievements include Society, the Federal Bar Council, the American Bar being named as a New York Super Lawyer in 2012 Association, the American Association for Justice, and being recognized as one of the featured lawyers the New York State Bar Association, and the New for Milberg in making the Plaintiffs' Hot List in York City Bar Association. 2012. JANINE L. POLLACK graduated from Rutgers Ms. Pollack is admitted to bars of the States of University in 1986, with high honors, with a B.A. New York and New Jersey. She is admitted to She majored in English and French and was a practice before the United States District Courts for member ofPhi Beta Kappa. In 1985, she studied at the District of New Jersey and the Southern and NYU in France. In 1989, Ms. Pollack earned her Eastern Districts of New York. J.D. from the University of Pennsylvania School of Law, where she was appointed as a member of the KIRK E. CHAPMAN graduatedcum laudefrom Journal of International Business Law. Harvard University in 1985 with a B.A. degree in biochemistry. He received his J.D. in 1989 from
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the University of Chicago where he was a member settlements valued at more than $150 million. Ms. of the Legal Forumpublication. Tadler is one of the court appointed plaintiffs' liaison counsel in the Initial Public Offering Mr. Chapman has over 18 years of experience Securities Litigation,in which the court approved a litigating class and complex matters in a wide range $586 million cash settlement in October 2009. of practice areas. He began his career at Milberg Among the thousands of defendants in this LLP focusing on securities fraud and employment coordinated action were 55 prominent investment discrimination class actions. Recently, he was one banks and more than 300 corporate issuers. Ms. of the Partners at Milberg who successfully Tadler has also been retained in complex litigation prosecuted and settled theIn re Tyco International as Special Discovery Counsel. Ltd., Securities Litigationfor over $3.2 billion in 2007. Ms. Tadler is the Chair of The Sedona Conference• s Steering Committee for Working Mr. Chapman practices extensively in the False Group I on Electronic Document Retention and Claims Act "Wh istleb lower" area as well as Mass Production, the preeminent "think tank" on E Tort litigation. He is the head of Milberg's False Discovery. In addition, she is on the Advisory Claims Act and Mass Tort practice groups. Board of Georgetown University Law Center's Mr. Chapman has been counsel in cases Advanced E Discovery Institute where she has generating some of the largest recoveries under the helped educate federal judges and lawyers on E Federal False Claims Act, including representation Discovery issues. Ms. Tadler has served on the of one of the whistleblowers in the FCA case Attorney Advisory Committee of the Judicial brought against Bristol-Myers Squibb that resulted Improvements Committee of the Southern District in the United States Government recovering over of New York. She is actively involved in the $515 million for the Medicare and Medicaid reformulation of applicable E Discovery rules and program. He is also counsel in numerous other best practices. False Claims Act cases currently under seal. Ms. Tadler is AV Preeminent rated Mr. Chapman is a member of the Plaintiffs' (Martindale Hubbell'shighest rating) and has been Steering Committee in theBextra mass tort recognized by several prominent legal industry proceedings and is a member of the Plaintiffs' ratings organizations, including: Lawdragon's top Executive Committee in theRezulin mass tort 500 lawyers in America (2010€present); Legal 500 litigation. in its list of recommended securities litigators in the country; Benchmark Plaintiffs Litigation as a New Mr. Chapman is a member of Taxpayers York securities litigation star; and New York Super Against Fraud and the American Association for Lawyers (2010€present). Ms. Tadler was a Justice. He is admitted to practice in the Courts of recipient of the Women's Venture Fund's 2011 the State of New York as well as the United States Highest Leaf Award, an honor given annually to District Courts for the Southern and Eastern women who are exemplary leaders in the business Districts of New York. world. is a partner at Milberg ARIANA J. TADLER Ms. Tadler is frequently sought to speak on a LLP and is an elected member of the Firm's variety of litigation and discovery€related topics Executive Committee. She has extensive and has also authored or co€authored several experience litigating complex securities and publications on F Discovery. Her recent speaking consumer class actions, including high profile, fast€ engagements include: HarrisMartin's National paced cases. Ms. Tadler is widely recognized as Conference of Mass Tort Dialogues (June 2012); one of the nation's leading authorities on electronic PL1's Pretrial Practice 2012 Program (May 2012); discovery and Chairs Milberg's E-Discovery ABA 6th National Institute on E Discovery (May Committee. 2012); 14th Annual Sedona Conference on Ms. Tadler's accomplishments include Complex Litigation (May 2012); ABA Section of litigation of three cases in the Eastern District of Litigation - Annual CLE Conference (April 2012); Virginia (alkla the "Rocket Docket") in less than New York State Bar Association - Commercial and four years, including In re MicroStrategy Securities Federal Litigation Section (January 2012); Litigation, in which plaintiffs' counsel negotiated Milberg LLP Attorney Biographies 4 Case: 1:07-cv-00828-SAS-SKB Doc #: 219..3 Filed: 02/28/13 Page: 22 of 37 PAGEID #: 8237
Georgetown Law's Annual Advanced F. Discovery involving Washington Mutual, Inc. (W.D. Wash.), Institute (November 2011); Thomson Reuters where plaintiffs received favorable appellate court 15th Annual Electronic Discovery & Records opinions on the issues of scienter(South Ferry LP, Retention Conference (November 2011); Federal #2 v. Killinger, 542 F.3d 776 (9th Cir. 2008)) and Bar Council 12th Annual Fall Bench and Bar class certification. Ms. Feldman also recovered Retreat (October 2011). millions of dollars for class members in litigation involving General Electric Co. (N.D.N.Y.), Ms. Tadler co chairs Milberg's Client Rhythms Net Connections (D. Cob.), Gilead Development Committee and is a member of the Sciences, Inc. (ND. Cal.), and Boston Scientific Hiring, Diversity, Technology, and Women's Corp., among others. She is currently representing Committees. Ms. Tadler is a member of various participants of defined contribution retirement plans organizations including: American Bar in ERISA litigation involving, among others, (Fellow), Association, American Bar Foundation British Petroleum (BP) (MDL), Morgan Stanley & American Association for Justice, Federal Bar Co., Inc. (S.D.N.Y.), Macy's, Inc. (S.D. Ohio), Council, New York State Bar Association, New Textron, Inc. (D.R.I.), and AIG (S.D.N.Y.). York County Lawyers Association, National Association of Women Judges(Resource Board), Ms. Feldman graduated from Albany Law National Association of Women Lawyers, and The School in 1990, where she served as an Executive New York Inn of Court(Vice President). She is Editor of theAlbany Law Review.She has interned also involved in various community and not for at the Civil Division of the United States Attorney's profit organizations and currently serves on the Office in Brooklyn, New York. She is admitted to boards of MFY Legal Services, Inc. and Women's the bars of the States of Washington and New York Venture Fund. and federal district and appellate courts throughout the country. Ms. Tadler graduated from Hamilton College in 1989. In 1992, she received her J.D. from Ms. Feldman is a member of the Firm's Fordham University School of Law, where she was Executive Committee. the Articles and Commentary Editor of the BENJAMIN Y. KAUFMAN earned his B.A. Fordham Urban Law Journal,a member of the degree from Yeshiva University in 1988 and his Moot Court Board, and the 1990 recipient of the J.D. degree from Benjamin N. Cardozo School of American Jurisprudence Award in Criminal Law. Law in 1988, where he was a Belkin Fellow, Belkin LORI G. FELDMAN is a daughter of retired Scholar, and a member of theCardozo Arts and public employees and understands the importance Entertainment Law Journal. Mr. Kaufman also of protecting the investments of employees, as well received an M.B.A. degree in finance from New as the general public, against corporate fraud and York University, Leonard N. Stern School of breaches of fiduciary duty. Business, in 1999. In addition to lecturing on class action practice, Mr. Kaufman focuses on class actions on Ms. Feldman has served as co-chair of the behalf of defrauded investors and consumers. Mr. Continuing Legal Education Committee of the Kaufman's successful securities litigations include Federal Bar Association for the Western District of In re Deutsche Telekom AG Securities Litigation, Washington. Ms. Feldman has participated as panel No. 00-9475 (S.D.N.Y.), a complex international faculty in national continuing legal education securities litigation requiring evidentiary discovery programs on ERISA and securities fraud class in both the United States and Europe, which settled actions arising from the subprime and liquidity for $120 million. Mr. Kaufman was also part of the crisis. She was named a "Rising Star of team that recovered $46 million for investorsIn in Washington Law" by practitioners in Seattle and re Asia Pulp & Paper Securities Litigation,No. 01- named a Super Lawyer in 2011 and 2012 by 7351 (S.D.N.Y.); and $43.1 million, with practitioners in the New York Metro area. contributions of $20 million, $14.85 million and $8.25 million from Motorola, the individual Ms. Feldman's representative recoveries defendants, and defendant underwriters, exceed $150 million, Recently, she recovered respectively, in Free/and v. Iridium World million for class members in litigation $41.5 Communications, Ltd.
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Mr. Kaufman's outstanding representative State Supreme Court, New York County (1988- results in derivative and transactional litigations 1990), and Principal Law Clerk to Justice Herman include: In re Trump Hotels Shareholder Cahn of the Commercial Division of the New York Derivative Litigation(Trump personally contributed State Supreme Court, New York County (1990- some of his holdings; the company increased the 1998). number of directors on its board, and certain future Mr. Kaufman is an active member of the transactions had to be reviewed by a special Commercial and Federal Litigation Section of the committee); and Southwest Airlines Derivative New York State Bar Association, the International Litigation (Carbon County Employee Retirement Association of Jewish Lawyers and Jurists, and the System v. Kelly,No. 08-08692 (Dist. Ct. Dallas Jewish Lawyers Guild. He has also lectured on Cnty., Tex.)) (a derivative matter that resulted in corporate governance issues to institutional investor significant reforms to the air carrier's corporate conferences across the United States and abroad. governance and safety and maintenance practices and procedures for the benefit of Southwest and its Mr. Kaufman is a member of the Board of shareholders). Trustees of the Hebrew Academy of the Five Towns and Rockaways. He argued the appeal inIn re Comverse Technology, Inc. Derivative Litig.,56 A.D.3d 49 Mr. Kaufman is admitted to practice in the (1st Dep't 2008), which led to the seminal New courts of the States of New York and New Jersey. York Appellate Division opinion clarifying ANITA KARTALOPOULOS, a member of standards of demand futility, and held that a board Milberg LLP, litigates claims in the areas of of directors loses the protection of the business securities fraud, derivative litigation, and mergers judgment rule where there is evidence of self- and acquisitions. She focuses her practice on lead dealing and poor judgment; and litigatedIn re plaintiff litigation, as well as breach of fiduciary Topps Company, Inc. Shareholders Litigation, and transactional litigation. She works closely with which resulted in a 2007 decision vindicating the the Firm's institutional investor clients, including rights of shareholders under the rules of comity and trustees of public and private funds, throughout the forum non conveniens. Mr. Kaufman has also U.S. and Europe, providing counsel on asset lectured on and taught the subjects of corporate recovery, fiduciary education, and risk governance as well as transactional and derivative management. litigation. Ms. Kartalopoulos has extensive experience In addition, Mr. Kaufman represents many of litigating complex securities cases includingIn re the Firm's corporate clients in complex commercial Sears, Roebuck & Co. Securities Litigation ($215 matters, including Puckett v. Sony Music million settlement),In re Chiron Corp. Securities Entertainment,No. 108802/98 (Sup. Ct. N.Y. Cnty. Litigation ($30 million settlement), and others. Ms. 2002) (a complex copyright royalty class action); Kartalopoulos has also achieved noteworthy results Shropshire v. Sony Music Entertainment,No. 06- including improved corporate governance and 3252 (S.D.N.Y.), and The Youngbloods v. BMG disclosures as well as increased share value in Music, No. 07-2394 (S.D.N.Y.); andMich II recent litigations including inIn re Topps Holdings LLC v. Schron,No. 600736/10 (Sup, Ct. Shareholder Litigation, In re Anheuser-Busch Cos. N.Y. Cnty.) (represented certain defendants in Shareholders Litigation, In re Comverse connection with real estate dispute and successfully Technology, Inc. Derivative Litigation,and many litigated motion to dismiss all claims against those others. defendants; he continues to represent those clients' interests in several related litigations in New York Before joining Milberg in 1998, Ms. and Delaware). Mr. Kaufman has also represented Kartalopoulos served in senior regulatory positions the Firm's clients in arbitrations and litigation involving insurance and health in the State of New involving oppressed minority shareholders in Jersey, including serving as Deputy Commissioner closely held corporations. of Insurance, for Life and Health; Director of Legal and Regulatory Affairs (Department of Health); and Prior to joining Milberg in August of 1998, Mr. Executive Director of the New Jersey State Real Kaufman was a Court Attorney for the New York Estate Commission. She managed the New Jersey
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Insurance Department's Multi-State Task Force the Chapter 11 filing of Keene CorporationIn in re investigating the sales practices of the Prudential Keene Corp.,No. 93-46090 (Banks. S.D.N,Y.). He Insurance Company, which resulted in$50 a also serves as a local judge in Muttontown, New million fine against Prudential and a $4 billion York. He was one of the lead attorneys for the recovery for policyholders. She also served on the plaintiffs in the trial against Vivendi which resulted Board of Directors of MBL Insurance Company as in what may be the largest jury verdict for plaintiffs a rehabilitator and managed litigation on behalf of in a securities class action. He conducted the the company. examination of Vivendi's former CEO, CFO, and their accounting expert. Ms. Kartalopoulos is a regular speaker at numerous conferences focused on fiduciary Mr. Gluck is admitted to the bar of the State of education, ethics, and U.S. securities litigation, New York. including the 2011 Investment Education MATTHEW A. KUPILLAS graduated from the Symposium, the Institutional Investor European State University of New York at Albany in 1990 Pensions Symposium, the Canadian Hedge Funds with a B.A. degree in philosophy. In 1994, Mr. Investment Roundtable, the New York Fledge Kupillas received his J.D. degree from New York Funds Roundtable, and the AEDBF (Association University School of Law. Mr. Kupillas focuses his Europeenne de Droit Bancaire et Financier). She practice primarily on class actions on behalf of also speaks regularly on the complex legal defrauded investors and consumers, as well as environment that international and domestic complex commercial litigation. He is a member of institutional investors face when addressing losses the bar of the State of New York and is admitted to due to securities fraud as well as their proactive and practice before the United States District Court for reactive alternatives. the Southern and Eastern Districts of New York, the Ms. Kartalopoulos has co-authored "Deterring District of Colorado, the Eastern District of Executive Compensation Excesses: Regulatory Wisconsin, and the United States Court of Appeals Weaknesses, Litigation Strengths"(03/05, NY, for the Tenth Circuit. NY), and "Vintage Wine in New Bottles: The PAUL J. ANDREJKOvICS graduated from Curious Evolution of the Concept of Loss Union College in 1992,Phi Beta Kappa, magna Causation" (11/05, NY, NY), cum laude, with a B.A. degree in political science. Ms. Kartalopoulos co-chairs the Firm's In 1995, Mr. Andrejkovics received his J.D. degree Outreach and Client Development Committees, and from Albany Law School. is a member of Milberg's Diversity Committee and Mr. Andrejkovics's practice concentrates on Case Development Department. class action settlements and settlement Ms. Kartalopoulos is admitted to the bar of the administration. He was admitted as a member of State of New Jersey, the United States District the New York bar in 1996 and is admitted to Court for the District of New Jersey, and the United practice before the United States District Court for States Courts of Appeals for the Federal and Third the Northern, Southern, and Eastern Districts of Circuits. New York. MATTHEW GLUCK was a litigation partner for KENT A. BRONSON received a B.A. from State over 30 years at Fried, Frank, Harris, Shriver & University of New York at Binghamton in 1994. Jacobson LLP prior to joining Milberg. He He graduatedcum laude from University of frequently represented U.S. and foreign businesses Pittsburgh School of Law in 1998. During law and individuals in major litigation and other school, Mr. Bronson was a research editor on the complex matters. He has also assisted clients inLaw Review and a recipient of the Dean's both formal bankruptcies and out-of-court Scholarship. restructurings of financially troubled companies. Mr. Bronson's practice is focused on securities, Mr. Gluck twice served as adviser to the court consumer and class action litigation. Prior to in the restructuring of the Manville Trust inIn re joining Milberg, while associated with another law Johns-Manville Corp.,No. 85-8922 (S.D.N.Y.) and firm, Mr. Bronson was part of a team of attorneys was the legal representative for future claimants in representing New York homeownersIn in re Milberg LLP Attorney Biographies 7 Case: 1:07-cv-00828-SAS-SKB Doc //: 219-3 Filed: 02/28/13 Page: 25 of 37 PAGEID //: 8240
Coordinated Title Insurance Litigation,Index No. LEIGH SMITH received a B.A. degree, with 009600/2003 (N.Y. Sup. Ct. Nassau Cnty,) who high honors, and an M.A. degree from Rutgers alleged that eight insurance companies doing University. Ms. Smith received a J.D. degree from business in New York state overcharged them for Cornell Law School in 1999. title insurance in refinance transactions. The Ms. Smith focuses her practice primarily on litigation resulted in complete recovery to class actions on behalf of defrauded investors. She homeowners submitting valid claims, and also has significant experience with complex reportedly the largest settlement of a consumer commercial litigation and consumer class actions. class action in Nassau County. The presiding Her involvement in In re Tyco International Ltd. Justice, in approving the $31.5 million settlement of Securities Litigation,No. 02-1335, helped recover that litigation, described the prosecution of the case an aggregate settlement of $3.2 billion. as reflecting "lawyering of the highest quality." Also, in In re Providian Financial Securities While at Rutgers University, Ms. Smith Litigation, MDL 1301 (E.D. Pa.), Mr. Bronson was majored in French and was electedPhi to Beta one of the attorneys representing the Xerox (GB) Kappa and Phi Sigma Iota.As a graduate student, Pension Scheme (which reportedly oversees she studied French literature and film and spent a approximately $2.5 billion in employee retirement year in France working as an assistant English funds for the British affiliate of Xerox Corp.) in a teacher. Ms. Smith taught French at Rutgers and at securities fraud class action lawsuit alleging that a the University of Iowa before going to law school. major credit card company inflated its profits with During law school, Ms. Smith served as the illegal charges to consumers. The Court Acquisitions Editor for theCornell Journal of Law commented, in approving the $38 million and Public Policyand was a member of the Cornell settlement of that case, on the "extremely high Moot Court Board. She also was active in a number quality" and "skill and efficiency" of plaintiffs' of student organizations. counsel's work. Prior to joining Milberg, Ms. Smith worked at Mr. Bronson has litigated numerous complex large law firms in New York and New Jersey. She class action and shareholder derivative cases inis admitted to practice in the United States District various state and federal courts, including, among Courts for the Southern District of New York, the others, In re Biovail Corp. Securities Litigation,No. Eastern District of New York, the District of New 03-8917 (S.D.N.Y.) (in which Milberg LLP served Jersey, the District of Massachusetts, and the as co-lead counsel on behalf of the Local 282 United States Courts of Appeals for the First, Welfare Trust Fund, and which was settled for $138 Second, Third, and Ninth Circuits. million and certain corporate governance modifications); City of Miami Police Relief & ARVIND B. KHURANA received his B.A. from Pension Fund v. Ryland Group, inc.,No. State University of New York at Albany in 1993, BC411143 (Cal. Super. Ct. Los Angeles Cnty.); and a J.D. from St. John's University School of New Jersey Carpenters Annuity Fund v. Meridian Law in 1999,Dean's List Graduate.While in law Diversified Fund Management, LLC,No. 10-5738 school, Mr. Khurana was on the Dean's List from (S.D.N.Y.); New Jersey Carpenters Pension Fund v. 1995-1999 and a member of theAmerican infoGroup, Inc., No. 5334-VCN (Del. Ch.); andIn Bankruptcy Institute Law Review. re Massey Energy Co. Derivative & Class Action Mr. Khurana focuses his practice primarily on Litigation, No. 5430-VCS (Del. Ch.). class actions on behalf of defrauded investors and During law school, Mr. Bronson was a research consumers, as well as complex commercial editor of the University of Pittsburgh Law Review litigation. Prior to joining Milberg in August 2005, and a recipient of the University of Pittsburgh Mr. Khurana worked as an associate with a major School of Law Dean's Scholarship. international law firm in New York, concentrating in the area of complex commercial litigation. Mr. Bronson is admitted to practice in New York State courts, the United States District Courts Mr. Khurana is a member of the Federal Bar for the Southern, Eastern and Northern Districts of Council and admitted to practice in the state and New York, and the United States Courts of Appeals federal courts of New York. He is also a member of for the Second and Tenth Circuits. the Firm's Diversity Committee.
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KRISTI STAHNKE MCGREGOR received her Mr. Rado's securities practice has included B.A. degree in political science,Phi Beta Kappa, numerous complex litigations nationwide, including from the University of Florida in1995. In 1999, In re Initial Public Offering Securities Litigation, Ms. McGregor received her J.D. degree from which alleges, in hundreds of consolidated cases Emory University School of Law, where she was pending in the Southern District of New York, that the Research Editor of theEmory International Law investment banks manipulated the initial public Review and student law clerk to Justice Norman offerings of hundreds of companies, and mutual Fletcher of the Georgia Supreme Court. In 2001, fund timing cases alleging that mutual fund Ms. McGregor received her LL.M. degree from the managers allowed select investors to profit by Westfaelische Wilhelms-Universitaet Muenster, in improperly timing their trading in fund shares. Munester, Germany, where she was a Federal Mr. Rado has also litigated consumer class Chancellor Scholar through the Alexander von actions, including a case against jewelry company Humboldt Foundation. Zales for improperly denying credit-insurance For over a decade now, Ms. McGregor has claims made by unemployed and retired consumers, focused her practice primarily on securities fraud and a class action against computer maker Gateway class actions and derivative actions on behalf of for improperly understating in advertising the costs investors, as well as other complex litigation of internet access to consumers, some of whom involving allegations of fraud and/or breach of incurred internet-access fees of hundreds of dollars. fiduciary duty. Working together with her Prior to joining Milberg, Mr. Rado worked as colleagues at Milberg, Ms. McGregor's work has an attorney at a New York City-based investment contributed to over $300 million in recoveries for bank focusing on compliance, with rules and investors. regulations relating to resales of control and Ms. McGregor has particular experience in restricted securities under the Securities Act of international litigation, primarily involving 1933. Mr. Rado also worked at another prominent European companies. She has used her GermanNew York City law firm specializing in plaintiffs' language skills and knowledge of the German legal securities class action litigation. system to represent investors in cases involving Mr. Rado received his Juris Doctor degree German companies, including In re Deutsche from St. John's University School of Law, cum Telekom AG Securities Litigation, which resulted laude, in 1999, and is admitted to practice in the in a $120 million settlement for U.S. holders of courts of the State of New York, as well as the American Depository Shares, and In re NYSE United States District Court for the Southern Euronext Shareholders Litigation challenging the District of New York. Mr. Rado was born in proposed merger of the NYSE with the Deutsche Bucharest Romania. Boerse. ANNA C. DOVER received a B.A. degree from Prior to joining Milberg's New York office in Wesleyan University, with honors in Psychology, in 2002, Ms. McGregor practiced in the international 1995, and a J.D. degree from the University of corporate law section of a large Atlanta law firm California at Davis School of Law in 2001. While advising German companies on their business in the in law school, Ms. Dover was a member ofUC the U.S. Ms. McGregor was admitted to the Georgia Davis Law Review. bar in 1999, the New York bar in 2003, and the Florida bar in 2004. Ms. Dover currently focuses her practice on representing whistleblowers in litigation under the ANDREI RADO focuses his practice on False Claims Act. In addition, Ms. Dover has securities litigation, consumer class actions, andextensive experience litigating claims brought SEC whistleblower matters. Since the passage of under Section 36(b) of the Investment Company the Dodd-Frank Act in 2010, Mr. Rado has Act of 1940, including taking such cases to trial. represented numerous whistleblowers before theAs an active member of the New York Inn of Court, commission under a program that rewards andshe has spoken at several CLE seminars. protects whistleblowers that report violations of securities laws to the Securities and Exchange Prior to joining Milberg, Ms. Dover was an Commission. associate at Robie & Matthai, P.C. in Los Angeles Milberg LIT Attorney Biographies 9 Case: 1:07-cv-00828-SAS-SKB Doc #: 219-3 Filed: 02/28/13 Page: 27 of 37 PAGEID #: 8242
where her practice was focused on insurance and Division Head of the Special Litigation Division legal malpractice claims. While in law school, Ms. with responsibility for antitrust enforcement, public Dover was a member of the TiC Davis Law Review. utility matters, and securities litigation. He emerged as a national leader in multistate litigation Ms. Dover is admitted to practice before the involving pricing practices in the pharmaceuticals United States District Courts for the Southern industry, and served as lead counsel on behalf of all District of New York and the Central and Southern fifty state attorneys general in theIn re Cardizein Districts of California, the United States Court of CD Antitrust Litigation. He also served as lead Appeals for the Ninth Circuit, and the United States counsel on behalf of the State of Michigan in Supreme Court. several price fixing, monopolization, and merger JEFFREY R. MESSINGER received his B.A. cases in a broad spectrum of industries including from the State University of New York at Stony health care, pharmaceuticals, and in cases involving Brook in 1980, and his J,D,, from Boston Microsoft and Oracle Corporation. University School of Law in 1985. Mr. Messinger Mr. Novak is the former Chair of the Michigan has over 15 years experience litigating class and Bar Association's Antitrust, Franchising, and Trade complex matters. Recently he was part of the Regulation Section and is a contributing editor of Milberg team that successfully prosecuted and the American Bar Association's Antitrust and settled the In re 7).'co International Led., Securities Health Care Newsletter, He is also a member of the Litigation for $3.2 billion in 2007. State Bar of Michigan United States Court Mr. Messinger currently focuses his practice on Committee. He was awarded the Frank J. Kelley plaintiffs' mass torts in pharmaceutical and medical Excellence in Trial Advocacy Award for his work device cases, and he has worked with Plaintiffs' in antitrust enforcement. He has lectured on Steering Committees in several litigations, antitrust issues in the pharmaceuticals and insurance including Kugel Mesh, Avandia, Yaz/Yasmin,and industries for the Practicing Law Institute. He Bextra. served as chair of the National Association of Attorneys General ("NAAG") Midwest Antitrust Mr. Messinger has also obtained significant Enforcement Task Force and as a member of the settlements on behalf of victims of employment NAAG Airlines Industry Working Group and discrimination. Prescription Drug Pricing Task Force, PAUL F. NOVAK received his B.A. and M.A. JAMES M. SHAUGHNESSY joined Milberg in degrees from Michigan State University in 1983, 2001. He started his legal career as a litigation and J.D. from Emory University School of Law in associate at Casey, Lane & Mittendorf in 1969 and 1986. Mr. Novak is the head of Milberg's antitrust became a litigation partner at the firm in 1976. In practice group and the managing partner of the 1982, Mr. Shaughnessy co-founded the firm of Firm's Detroit office. He is active in a host of Haythe & Curley, (now the New York office of antitrust, securities, and consumer protection class Torys LLP) and was the firm's original litigation action matters, and currently serves as interim co- partner. He was the managing partner of Haythe & lead counsel in multiple antitrust cases. Curley for two years. In 1987, Mr. Shaughnessy Paul F. Novak is the head of Milberg's antitrust joined the firm of Windels, Marx, Davies & Ives practice group and the managing partner of the (now known as Windels, Marx, Lane & Mittendorf, Firm's Detroit office. He is active in a host of LLP) as a litigation partner. He was the chairman antitrust, securities, and consumer protection class of the Windels, Marx Litigation Department from action matters, and currently serves as interim co- 1988 through 1998, and was a member of the firm's lead counsel in multiple antitrust cases. Executive Committee from 1990 to 1992. Prior to joining Milberg, Mr. Novak practiced Over the course of his career, Mr. Shaughnessy law in both the public sector, as an Assistant has specialized in securities, insurance, aviation, Attorney General for the State of Michigan and as bankruptcy, mass tort, andqul tam litigation. Mr. the City Attorney of Lansing, and in the private Shaughnessy was lead defense counsel for Pan sector consulting with clients on antitrust, American World Airways, Inc. inIn re Air Disaster environmental, and regulatory matters. As an at Lockerbie Scotland on December 21, 1988, assistant attorney general, Mr. Novak served as the Milberg LLP Attorney Biographies 10 Case: 1:07-cv-00828-SAS-SKB Doc #: 219-3 Filed: 02/28/13 Page: 28 of 37 PAGEID #: 8243
M.D.L. 799 (E.D.N.Y.), and tried the liability issues Kammerman's successful litigations includeIn re in that case on behalf of Pan Am to a jury for three CMS Energy Securities Litigation,No. 02-72004 months. More recently, Mr. Shaughnessy was (ED. Mich.) ($200 million recovery);In re Royal Plaintiffs' Liaison Counsel in the Zyprexa mass tort Dutch/Shell Transport ERISA Litigation,No. 04- litigation and was a member of the Plaintiffs' 1398 (D.N.J.) ($90 million recovery);Schemer v. i2 Steering Committee in theAvandia mass tort Technologies,No. 01-0418 (ND. Tex.) ($87.8 litigation. million recovery); In re Collins & Aikman Corporation Securities Litigation,No. 03-71173 Mr. Shaughnessy is a 1969cum laudegraduate (ED. Mich.) ($10.8 million recovery), andMich II of New York University School of Law where he Holdings LLC v. Schron,No. 600736/10 (Sup. Ct. was a member of the Order of the Coif, the N.Y. Cnty.) (represented certain defendants in Managing Director of the Moot Court Board, and a connection with real estate dispute and successfully recipient of the Benjamin F. Butler Award upon litigated motion to dismiss all claims against those graduation. Mr. Shaughnessy is admitted to defendants). practice in the States of New York, California, and New Jersey, as well as the United States Supreme Mr. Kammerman played a pivotal role in theIn re Court and numerous other federal jurisdictions. Comverse Technology, Inc. Derivative Litigation, JENNIFER L. YOUNG represents defrauded No. 601272/06 (Sup. Ct. N.Y. Cnty.) ($62 million investors and consumers. She recently litigated recovery), particularly in drafting the appellate cases arising from misrepresentations in the sales ofbriefs which led to the seminal New York Appellate annuities and violations of the Real Estate Division opinion, reported at56 A.D,3d 49 (1st Settlement Procedures Act, achieving favorable Dept 2008), clarifying the standards of demand settlements in both. Her practice currently includes futility, and holding that a board of directors loses representing victims of the Madoff Ponzi scheme. the protection of the business judgment rule where there is evidence of self-dealing and poor judgment Ms. Young is a member of Public Justice, and by the directors. He was also a member of the team she serves on the organization's Case Development/Special Projects and Class Action that litigated the appeal inTellabs, Inc. v. Makor Issues & Rights, Ltd.before the United States Preservation Project Committees. Supreme Court, in which the Supreme Court issued She is also active in the New York Inn of an opinion defining the pleading standard for Court, serving on the Membership and Awards scienter in all federal securities fraud cases, and is Committees. reported at 551 U.S. 308 (2007). Ms. Young has served on several drafting committees created by The Sedona Conference While at Cardozo, Mr. Kammerman was named an Working Group on Electronic Document Retention Alexander Fellow, through which he worked as a and Production, and she was a senior editorThe of judicial intern in the chambers of the Honorable Sedona Confr rence€ Commentary on Joseph A. Greenaway, Jr., United States District Proportionality in Electronic Discovery. Judge in Newark, New Jersey. Mr. Kammerman is a member of the bars of the States of New York and Ms. Young received a B.A. degree from New Jersey and is admitted to practice before the University of South Carolina in 1996. She United States Courts of Appeals for the Third and graduatedcum laudefrom the University of South Eleventh Circuits and the United States District Carolina School of Law in 2002. While in law Courts for the District of New Jersey, Southern and school, Ms. Young was associate editor in chief of Eastern Districts of New York, and Eastern District the South Carolina Law Reviewand she was a of Michigan. member of the Moot Court Bar. DAVID AZAR received his B.S. in Finance from She is admitted to practice law the States of Indiana University School of Business in 1991. He South Carolina and New York. graduated from Duke University School of Law, TODD KAMMERMAN focuses his practice on magna cum laude,in 1999, where he was a member securities class action litigation, shareholder of the Order of the Coif (top 10% of the class). derivative litigation and commercial litigation. Mr. While in law school, he served as a senior editor of
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Law and Contemporary Problems,and was a Mr. Azar has extensive knowledge of dispute member of the Moot Court Board. After law resolution, having served as a mediator in more school, he clerked for Chief Justice Veasey of the than 160 cases, and he has trained and reviewed Delaware Supreme Court. other mediators. He served for five years as the editor of the quarterly publication of the Society of Mr. Azar focuses his practice on antitrust, Professionals in Dispute Resolution, and was corporate governance, securities fraud class actions, honored with the association's Presidential and selected general business litigation matters.Recognition award. Mr. Azar has significant litigation experience, including first-chair trial and appellate work. He is PEGGY J. WEDG WORTH received a B.A. also a contributing author of the forthcoming degree, in 1982 from Auburn University, and her Antitrust Law Developments (7th Edition), J.D. degree from University of Alabama Law scheduled for publication by the ABA Section of School in 1986. Ms. Wedgworth was an Assistant Antitrust Law in April 2012. District Attorney in Brooklyn, New York from 1986 to 1989. Since leaving the public sector in Mr. Azar's current representative matters 1989, she has handled various securities, include: serving as co-lead counsel in multi-district commodities, and antitrust matters. She has litigation against Korean Air and Asiana Airlines litigated antitrust and commodities class actions on for allegedly conspiring for more than six years to behalf of plaintiffs including extensive experience set prices for passenger airfares between the United in all aspects of pre-trial and discovery in, among States and Korea; serving as co-lead counsel in a other cases, In re Brand Name Prescription Drugs class action against Wells Fargo Bank and Bank of Antitrust Litigation,No. 94-0897, 1996 WL 351180 New York Mellon for their alleged roles, as (N.D. Ill. June 24, 1996) (approving $351 million trustees, in causing more than $1 billion in losses by settlement); In re NASDAQ Market-Makers investors in Medical Capital Holdings, Inc.; serving Antitrust Litigation, 187 F.R.D. 465 (S.D.N.Y. as co-lead counsel in a shareholder class action1998) ($1,027,000,000 settlement);In re Microsoft against the board of directors of International Corp. Litigation, MDL 1332 (D. Md.) Rectifier Corporation for allegedly breaching their (consolidated class actions alleging long term fiduciary duties by, among other things, blocking unlawful maintenance of a monopoly and other shareholders from accepting a premium tender offer anticompetitive conduct by Microsoft resulting for their shares; and representing a financial favorable partial settlements);In re Soybean institution seeking to recover for breaches of Futures Litigation, No. 89-7009 (ND. Ill.) contract and mortgage fraud against various ($21,500,000 class settlement providing claiming individuals and entities, class members/soybean futures traders a full In re Mr. Azar serves as a volunteer prosecutor recovery under plaintiffs' expert's formula); through the Los Angeles Bar Association's Trial Sumitomo Copper Litigation,74 F. Supp. 2d 393, Advocacy Project, and he has been namedLos by 395 (S.D.N.Y. 1999) ("The recovery is the largest Angeles Magazineas a Southern California Super class action recovery in the 75 plus year history of Kohen v. Pacific Lawyers Rising Star. He serves on the pro bono the Commodity Exchange Act."); No. 05- panel of the Harriett Buhai Center for Family Law, Investment Management Company, LLC, and he was awarded a Distinguished Service Award 4681 (ND. Ill.) (certified class of treasury bond futures purchasers alleging manipulation of the in 2009 for his continuing representation of a Leider v. Ralfe, No. 01-3137 disabled father in a complex family law matter. Mr. futures market); (D.N.J.) (alleging price-fixing and monopolization Azar's pro bono work has also included: prevailing in the diamond market by DeBeers resulting in a at trial in a case on behalf of a learning disabled settlement of $250,000,000 and extensive injunctive student asserting claims under the American with relief), and In re Natural Gas Commodities Disabilities Act; successfully persuading the Ninth Litigation, 03-6186 (S.D.N.Y.) ($101 million Circuit Court of Appeals to allow a disabled settlement). While a partner at her previous firm, prisoner's federal civil rights case to proceed, she was involved in numerous antitrust cases resulting in a published decision on a matter of first including, Air Cargo Shipping Services Antitrust impression; and assisting tenants in disputes with Litigation, In re Digital Music Antitrust Litigation, their landlords. In Re Chocolate Confectionary Antitrust Litigation, Milberg LLP Attorney Biographies 12 Case: 1:07-cv-00828-SAS-SKB Doc #: 219-3 Filed: 02/28/13 Page: 30 of 37 PAGEID #: 8245
In re Aftermarket Filters Antitrust Litigation, In Re Mr. McFarlane was admitted to the Law Rambus Antitrust Litigation,and In re Flash Society of Upper Canada in 2003 and the New Memory Antitrust Litigation. Ms. Wedgworth York State bar in 2006. speaks on topics relating to antitrust litigation, most ROLAND RIGGS received a BA. from Trinity recently speaking to the New York State Bar, College in Hartford, Connecticut in 1999, and a J.D. Antitrust Division in January 2008, She also has cum laudefrom Case Western Reserve in 2004. extensive experience in securities litigation Mr. Riggs's practice focuses on securities litigation including most recently In re Initial Public Offering and consumer fraud. Among other cases, he Securities Litigation, which recently settled for currently represents defrauded investorsIn in re $586 million. Merck & Co. Securities Litigation,and In re While in law school, Ms. Wedgworth was a Oppenheimer Rochester Funds Group Securities member of the Moot Court Board and served as Litigation, as well as defrauded consumersThe in Manager of the National Moot Court Team. NVIDIA GPU Litigation. Prior to joining Milberg LLP, Mr. Riggs worked at a boutique firm in New JOHNR. S. McFARLANE received a B. Comm. degree from Dalhousie University School of York practicing securities litigation. During law Business Administration in 1996, and an LL.B from school, Mr. Riggs served as a clerk for one summer Dalhousie Law School in 2002. Mr. McFarlane for the Honorable Alfred V. Covello of the United focuses his practice on class actions on behalf ofStates District Court for the District of Connecticut. defrauded investors, as well as actions againstHe later worked at McLaughlin & McCaffrey, LLP various mutual fund families in which Milberg has in Cleveland, Ohio in the areas of commercial been appointed lead counsel, includingIn re litigation and white collar criminal defense, and did American Express Financial Advisors Securities pro bono corporate work representing charities at the Milton A. Kramer Law Clinic. Prior to law Litigation (S.D.N.Y.). Prior to joining Milberg , he practiced securities law at Cassels, Brock & school, Mr. Riggs worked in IT and computer Blackwell LLP in Toronto, Ontario. programming
Of Counsel
SOL SCHREIBER received a B.A. degree,cum which provided centralized legal, risk management laude, in 1952 from the City College of New York, and insurance services for the Federation's hospitals; and his LL.B. degree from Yale Law School1955. in homes for the aged; and health, education and community service agencies. He was Trial Counsel From 1971 through 1978, Mr. Schreiber was a from 1955 through 1971 and Resident Counsel from United States Magistrate Judge in the United States1966 through 1971 of the Brooklyn office of Liberty District Court for the Southern District of New York, Mutual Insurance Co. where he conducted more than 1,500 criminal and 3,500 civil pretrial hearings and settled Mr. Schreiber has been a participant in numerous approximately 1,000 civil cases. In addition to trying special project committees for the American Bar numerous civil and criminal cases, Mr. SchreiberAssociation and the Second Circuit. From 1960 to supervised pretrial practice in derivative, class andpresent, Mr. Schreiber has been the Planning and complex actions in the admiralty, antitrust, aviation, Program Chairman of more than 125 national securities, directors' and officers' and productprograms, including the ALl-ABA and PLI's liability fields, includingBerkey v. Kodak, Litton v. Continuing Professional Education national courses ATT, the Penn Central Commercial Paper Litigation, of study on evidence, civil practice and employment the New York Timesand Readers' Digestgender discrimination litigation in federal and state courts. discrimination, the Argo Merchant-Nantucket Mr. Schreiber developed and chaired the ALl-ABA stranding, and the Tenerife 747 collision cases. and Jiao Tong Law School's three-day course of study entitled "Current Civil Litigation in the U.S." From November 1978 to January 1982, when hein Shanghai, China from June 3-5, 2005. In June joined Milberg, Mr. Schreiber served as the President2006, he developed and chaired a three-day course of and Chief Executive Officer of a unit of the study on American law in Beijing and Shanghai, Federation of Jewish Philanthropies of New York Milberg LLP Attorney Biographies 13 Case: 1:07-cv-00828-SAS-SKB Doc #: 219-3 Filed: 02/28/13 Page: 31 of 37 PAGEID : 8246
China; and in May 2007, coordinated a three-day JUSTICE HERMAN CAHN was first elected as program in New Delhi, India. He has been a frequentJudge of the Civil Court of the City of New York in lecturer at professional programs and workshops on1976. He subsequently served as an Acting Justice of federal and state court civil procedure, federal andthe Supreme Court from 1980 until 1992, when he state court trial evidence and federal criminal practicewas elected to the Supreme Court. Throughout his and procedure. Mr. Schreiber was Reporter, ABAdecades on the bench, he principally handled civil Advocacy Task Force (1970-1971), which led to the cases, with the exception of 1981 until 1987, when he formation of the National Institute for Trial presided over criminal matters. Justice Calm was Advocacy. He also served as President of theinstrumental in the creation of, and a founding Justice Academy of Court Appointed Special Masters from in, the Commercial Division within the New York 2007-2008, and he is presently a member of theState Supreme Court. He served as a Justice of the Board of Editors of Moore's Federal Practice, Third Commercial Division from its inception in 1993 until Edition. In August 2005, he was elected to the Boardjoining Milberg. of Trustees of the Center for American & Among his most notable recent cases are the International Law, formerly the Southwestern Legal consolidated cases stemming from the Bear Stearns Foundation, merger with JP Morgan(In re Bear Stearns From 1972 to 1987, he served as an adjunctLitigation); litigation regarding the upcoming professor at Fordham Law School, teaching coursesAmerica's Cup Yacht Race(Golden Gate Yacht Club in trial advocacy, product liability, mass torts andv. Societe Nautique De Geneve);litigation stemming insurance disputes. He has been an editor for morefrom the attempt to enjoin the construction of the new than 40 CLE course handbooks and majorYankee Stadium (Save Our Parks v. City of New publications on civil practice and litigation, includingYork); and the consolidated state cases regarding the ALT-ABA's three-volume Civil Practice Guide, rebuilding of the World Trade Center site(World Litigation in Federal and State Courts(8th ed. 1998). Trade Center Properties v Alliance Insurance; Port Authority v. Alliance Insurance). Mr. Schreiber served as a Court-Appointed Special Master in theMarcos Human Rights Justice Cahn is a member of the Council on Litigation. He was Special Master in the Pan Judicial Administration of the Association of the Bar American Lockerbie cases, theAgent Orange of the City of New York. He has also recently been Litigation (March 1982-January 1984), and a series appointed to the Character and Fitness Committee of of other complex federal civil cases. the Appellate Division, First Department. He is on the Register of Mediators for the United States Mr. Schreiber was Judicial Member, Anglo Bankruptcy Court, Southern and Eastern Districts of American Exchange on Civil Procedure (March New York. 1974), and Hearing Officer, N.Y. State Master Energy Plan (fall 1979). He is the recipient of the Before ascending to the bench, Justice Calm Francis Rawle Award for outstanding achievementspracticed law in Manhattan. He was first admitted to in post-admission legal education (ALl-ABA, July the New York bar in1956. He is admitted to practice 1985) and the Presidential Award, Legal Aid Societyin numerous courts, including the New York State (November 1984). Mr. Schreiber is also the foundercourts, the Southern District of New York and the and co-chair of the Ovarian Cancer Research Fund,United States Supreme Court. Inc. Justice Cahn received his law degree from Mr. Schreiber is a member of the American Bar Harvard Law School and a B.A. from City College of Association, the New York State Bar Association, thethe City University of New York, Association of the Bar of the City of New York and PETER A. LENNON earned his B.S. and M.B.A. the American Law Institute. He is admitted to the barat West Chester University and received his J.D. of the State of New York, to the United States from Widener University School of Law in 1993. District Courts for the Southern and Eastern Districts of New York, and to the Second Circuit Court of Mr. Lennon has specialized in the prosecution of Appeals. complex civil cases involving tax fraud and violations of SEC Rules and Regulations with a
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particular emphasis on accounting and auditing issues Mr. Lennon has been involved in numerous high for over fifteen years. profile cases against large public companies arising from accounting improprieties and disclosure In addition to being an attorney, Mr. Lennon is violations, including cases involving the restatement also a Certified Public Accountant or C.P.A. with of financial statements at Tyco, Xerox, Cendant, considerable auditing experience and has an M.B.A.Waste Management, and Nortel Networks. in Economics/Finance. Mr. Lennon also works as a Professor of Economics on an adjunct basis. Peter Lennon is admitted to practice in New York and Pennsylvania.
Senior counsel
JENNIFER S. CZEISLER graduated from Hofstra the U.S. Department of Housing and Urban University in 1994 with a B.A. degree in psychology. Development; and serving as co-lead counsel in a After completing graduate degree work at Huntersecurities and shareholder derivative and class action School of Social Work (1994-95), she pursued a J.D.against Beckman Coulter, Inc. Prior representative degree, which she earned in 1999 from the Universitymatters include defending Avon Products, Inc. in a of Miami School of Law, where she graduatedcum civil and criminal Foreign Corrupt Practices Act laude. Ms. Czeisler was on the editorial board of theinvestigation conducted by the Department of Justice Law Review of Psychology, Public Policy & Lawand and the Securities and Exchange Commission; and earned numerous awards, including the CALfdefending Broadcom Corporation in a civil and excellence for the Future Award, Dean's Certificate criminal options backdating investigation conducted of Achievement Award, and membership in the Phi by the U.S. Attorneys' Office and the Securities and Delta Phi National Honor Society. Exchange Commission. Ms. Czeisler is admitted to practice in the State Ms. Fricke is a City Commissioner for the Los of New York and is a member of the American Bar Angeles Convention Center and related entities Association, where she is committed topro her bono including L.A. Live, the Staple Center, and the Los work with the American Bar Association Angeles Visitors Bureau, serving as an advisor to Commission on Legal Problems of the Elderly. Mayor Villaraigosa. Ms. Fricke is also a Lawyer Representative for the NICOLE DUCKETT FRICKE received her B.A. in Central District of California Attorney Delegation to English from Georgetown University in1995, where the United States Ninth Circuit Judicial Conference. she was on the Dean's List. She graduated from Ms. Fricke is on the Leadership Council Board for UCLA School of Law in 1998. the Fulfillment Fund, and she is active in the National Ms. Fricke focuses her practice on securitiesAssociation of Securities Professionals, the fraud, antitrust, and consumer class actions, SheAssociation of Business Trial Lawyers, and the Los joined the firm from Mayer Brown LLP where she Angeles County Bar Association, practiced complex business litigation, white collar Los Angeles Magazinenamed Ms. Fricke a criminal defense, and corporate internalSouthern California Super Lawyers Rising Star each investigations. Ms. Fricke has vast trial experience as year since 2006. well as a wide-ranging appellate practice. While in law school, Ms. Fricke was an editor of Ms. Fricke's recent representative matters include:the UCLA National Black Law Journaland a serving as co-lead counsel in the antitrust class actionrecipient of the Joseph Drowne Fellowship Award. against Sirius XM for raising prices after creating a monopoly of the satellite radio market; serving as HENRY KELsTON received a B.S. degree,cum lead counsel in the consumer fraud class actionlaude, from Tufts University in 1975, and a J.D. against NVIDIA Corporation for placing allegedly degree from New York University School of Law in defective computer chips in the market; serving as1978, where he was a member ofAnnual the Survey co-lead counsel in the shareholder derivative actionof American Law. against The Ryland Group, Inc. for fostering Mr. Kelston's practice is concentrated in the egregious lending practices despite reprimands fromareas of complex litigation and electronic discovery. Milberg LLP Attorney Biographies 15 Case: 1.07-cv-00828-SAS-SKB Doc #: 219-3 Filed: 02/28/13 Page: 33 of 37 PAGEID #: 8248
He has extensive experience in state and federal courtdefrauded individuals and institutional investors. litigation, administrative proceedings, andPrior to joining Milberg, Ms. McKenna was an arbitrations, Mr. Keiston is a regular speaker andassociate in the New York office of Healy & Baillie, CLE presenter on electronic discovery. He is aLLP (now part of Blank Rome LLP), where she member of The SedonaConference€ Working Group practiced general commercial litigation. Ms. 1 on Electronic Document Retention and Production.McKenna graduated from Fordham Law School in Prior to joining Milberg, he practiced at Proskauer 1998. While at Fordham, she was a Stein Scholar in Rose in New York and Siegel, O'Connor & Kainen Public Interest Law & Ethics, a member of the in Connecticut. Fordham Environmental Law Journal,and a Co- Director of the Fordham Student Sponsored Mr. Keiston is admitted in the United States Fellowship. Ms. McKenna is admitted to practice in District Courts for the Southern and Eastern Districts the state courts of New York and in the United States of New York and the District of Connecticut. District Courts for the Southern and Eastern Districts ELIZABETH McKENNA focuses her practice of New York. primarily on antitrust litigation as well as on securities class action litigation on behalf of
Special Counsel
ARTHUR R. MILLER heads the Firm's appellate commentator on law and society, he won an Emmy practice. He is the nation's leading scholar in theaward for his work on "The Constitution: That field of civil procedure, a subject about which he hasDelicate Balance," an acclaimed PBS series he authored or co-authored numerous articles and moremoderated. Professor Miller also served for two than 40 books. These include his treatise,Federal decades as the legal editor for ABC's Good Morning Practice and Procedure,which is relied upon by America. In addition, he hosted the weekly federal judges throughout the country as the principaltelevision show Miller's Court for eight years and has authority on federal practice. He also wroteCivil commented regularly on legal matters for Court TV. Procedure, the casebook used by most U.S. law Professor Miller was appointed by two Chief schools. Justices of the United States Supreme Court to serve Professor Miller is a University Professor at Newas a member and reporter on the Advisory Committee York University School of Law. This professorship on Civil Rules of the Judicial Conference of the is conferred on outstanding scholars in recognition Unitedof States. He has additionally served as reporter the interdisciplinary dimension and breadth of theirand advisor to the American Law Institute, and as a work. Previously, Professor Miller was the Brucemember of various American Bar Association Bromley Professor of Law at Harvard, where hecommittees. In addition, Professor Miller was earned his law degree and taught for 36 years. appointed by President Ford to serve on the United States Commission on New Technological Uses of In recent years, Professor Miller has litigated Copyrighted Work, numerous cases in federal appellate courts. He has argued in all of the United States Courts of Appeal The Queen of England has honored Miller by and in the United States Supreme Court, mostnaming him a Commander of the Order of the British recently in Tel/abs Inc. v. Makor Issues & Rights Ltd. Empire (CBE). Additional recent honors include: dedicatee, New York University Annual Survey of Professor Miller is the recipient of numerous American Law, Volume 67, Albert Podell awards, including five honorary doctorates, three Distinguished Teaching Award, and a Presidential American Bar Association Gavel Awards, and a Medal from the University of Oregon for Special Recognition Gavel Award for promoting distinguished public service. public understanding of the law. A renowned
Associates
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ADAM BOBKIN received his B.B.A.,magna cum Her legal work experience also includes judicial laude, from Baruch College in 2004. In 2010, he externships with the Honorable Jerry Brown, Chief earned his J.D. from Hofstra University School ofJudge of the United States Bankruptcy Court, Eastern Law. District of Louisiana and the Honorable Jay C. Zainey of the United States District Court, Eastern Mr. Bobkin's practice includes representing aDistrict of Louisiana. In addition, Ms. Clark clerked municipal pension fund in a complex FINRA for the San Francisco District Attorney's Office. arbitration; representing consumers misled by electronics manufacturers; and litigating internet While at Tulane Law, Ms. Clark was a Senior privacy cases. Justice and Chairperson for the Moot Court Board and a Legal Research & Writing Senior Fellow. Ms. Prior to law school, Mr. Bobkin worked as an Clark also studied for one semester at UC Berkeley analyst at a boutique investment bank. During lawBoalt Hall, where she received high honors in school, Mr. Bobkin served as an Associate Editor of Securities & Class Action Litigation and was a and the Journal of International Business and Law visiting member of the California Law Review. competed in the Willem C. Vis International Commercial Arbitration Moot held in Vienna, Ms. Clark is admitted to practice in the state of Austria. New York, as well as the United States District Courts for the Southern and Eastern Districts of New Mr. Bobkin is admitted to practice in the courts York. She is an active member of the New York City of the State of New York. Bar Association, the Federal Bar Council, and the ANGELA G. BONGIORNO received her J.D. from New York State Bar Association, where she serves Catholic University of Milan Law School in 2004 on the Law, Youth & Citizenship Committee and and her L.L.M. from Fordham University School of Mock Trial subcommittee. Ms. Clark was recently Law in 2008. recognized as a New York Super Lawyers "Rising Star." Ms. Bongiorno focuses her practice on mass torts, antitrust litigation, and institutional investor and ALASTAIR FINDEIS received his B.S. degree client outreach. Prior to joining Milberg, she worked from the Virginia Military Institute in 1996 and his for an Italian law firm specializing in consumer law. M.S. from the University of Virginia in 2000. In Ms. Bongiorno also has conducted various research2003, he earned his J.D. from Georgetown projects concerning the implementation of EuropeanUniversity. Union regulations in Member States for the Italian Mr. Findeis focuses his practice on the Embassy of Malta and for Fondazione Rosselli, representationa of whistleblowers, public and private think tank for Italian and European governmentalpayors, and injured consumers in litigation involving bodies. healthcare fraud and abuse, including False Claims While in law school, Ms. Bongiorno interned Act, mass tort, class action, and other complex with the Italian Embassy of Malta during Malta's litigation. Prior to joining Milberg, he gained accession to the European Union. She is fluent extensivein experience in pharmaceutical litigation. Italian and conversant in Spanish. Prior to attending graduate school, Mr. Findeis was a Sub-Lieutenant in Britain's Royal Navy, graduating Ms. Bongiorno is admitted to practice in thefrom the Britannia Royal Naval College and serving courts of the State of New York. on HMS London. Mr. Findeis was admitted to the MELISSA R. CLARK focuses her practice on New York State bar in 2004 and is a member of securities class actions and shareholder derivativeTaxpayers Against Fraud. and privacy litigation. SCOTT FOGLIETTA received his B.A., from Prior to joining Milberg, Ms. Clark was an Clark University, 2006, his M.B.A., from Clark associate at a boutique firm in New York, where sheUniversity, 2007, and his J.D., from Brooklyn Law was part of a securities litigation team that recoveredSchool, 2010. several multimillion-dollar settlements on behalf of Mr. Foglietta practices in the areas of securities investors. and consumer class action litigation.
Milberg LLP Attorney Biographies 17 Case: 1:07cv-.00828SAS-SKB Doc #: 2193 Filed: 02/28/13 Page: 35 of 37 PAGEID /t: 8250
Prior to law school, Mr. Foglietta earned hisKeller represents numerous victims of the Madoff M.B.A. in finance from Clark University and worked Ponzi scheme. as an analyst for an investment banking firm, As an Mr. Keller is admitted to practice in the courts of undergraduate, he was a member of the Gryphon &the States of New York and Colorado, the United Pleiades Honor Society and captain of the ClarkStates District Court for the Southern District of New University Lacrosse Team. York, and the United States Court of Appeals for the Mr. Foglietta is admitted to practice in the courts Second Circuit. of the States of New York and New Jersey. GLORIA Kul MELWANI litigates shareholder MICHELLE FURUKAWA focuses her practice on derivative cases and securities class actions in state securities, consumer, and antitrust litigation. While inand federal courts. Prior to joining Milberg, Ms. law school, Ms. Furukawa served as co-editor-in-Melwani was associated with other plaintiffs' law chief of the UCLA Asian Pacific American Law firms, where she litigated shareholder derivative Journal, clerked for the United States Securities & cases. Exchange Commission, Division of Enforcement, Ms. Melwani is a graduate of Benjamin N. and was a judicial extern for the Honorable SheriCardozo School of Law, where she was a Notes Bluebond, United States Bankruptcy Court, Central Editor of the Cardozo Public Law, Policy, and Ethics District of California. Ms. Furukawa is on the Board Journal. She is admitted to practice in New York, of Governors of the Japanese American BarNew Jersey, and the United States District Courts for Association of Greater Los Angeles, and is a memberthe Eastern and Southern Districts of New York and of the Association of Business Trial Lawyers andthe District of New Jersey, as well as the United Consumer Attorneys Association of Los Angeles.States Court of Appeals for the Second Circuit. She sits on the Firm's Diversity Committee. MELISSA IL NAFASH focuses her practice in the DIANA GJONAJ focuses her practice primarily area of medical device and pharmaceutical litigation. on antitrust litigation, targeting illegal and anti-She was actively involved in the bellwether trials for competitive practices on behalf of consumers andthe In re Kugel Mesh Hernia Patch Products investors. She received her Bachelor Degree,cum Liability Litigation, MDL-1 842. She litigated the laude, from the University of Michigan and her Juris Composix Kugel cases pending in the Superior Court Doctor from Wayne State University Law School. of the State of Rhode Island. Ms. Nafash also During law school, Ms. Gjonaj clerked for Milberg represents people who have been injured by Avandia. LLP in the Firm's Detroit office. Currently, Ms. Nafash is litigating cases against the Ms. Gjonaj is admitted to practice in the statetobacco industry in Florida state court. courts of Michigan, the United States District Court Ms. Nafash is a graduate of Roger Williams for the Eastern District of Michigan and the United University School of Law, where she earned the States Court of Appeals for the Sixth Circuit. She is school's highest distinction in trial advocacy and a member of the American Bar Association,certificates of distinction in mediation. Ms. Nafash Women's Lawyer Association of Michigan, andrepresented her law school nationally in mediation Michigan Association for Justice. competitions and was a member of the Rhode Island JOSHUA KELLER graduated from the University Family Inns of Court. Ms. Nafash is admitted to the of North Carolina in 1998 and from Albany Law bars of New York, New Jersey, Massachusetts, and School of Union University in 2004. Rhode Island, as well as the United States District Court for the Districts of Rhode Mr. Keller focuses his practice on securities andIsland, Massachusetts, and New Jersey. consumer fraud litigation. He has litigated class actions in both federal and state courts, includingIn JOHN SEREDYNSKI received a B.A. from re Biovail Corp. Securities Litigation,No. 03-8917 Villanova University in 2003 and a J.D. from New (S.D.N.Y.) (settling for $138 million and certain York Law School in 2010. John Seredynski's corporate governance modifications) Inand re Sears, practice focuses on class action litigation involving Roebuck & Co. Securities Litigation,No. 02-7527 defrauded investors and consumers in federal and (N.D. Ill.) (settling for $215 million). Currently, Mr. state courts. Before joining Milberg LLP, Mr. Seredynski worked at a boutique firm in New York
Milberg LLP Attorney Biographies 18 Case: 1:07-cv-00828-SAS-SKB Doc #: 219-3 Filed: 02/28/13 Page: 36 of 37 PAGEID #: 8251
practicing securities litigation. During law school, Mr. Slidders has significant experience in Mr. Seredynski was named to the Dean's List, andplaintiffs' and class action litigation. He has acted in served as a research assistant for the Center for Newa variety of matters involving Australia's antitrust York City Law. Prior to law school, Mr. Seredynski (trade practices) laws, corporations law, and general worked on a presidential campaign, and served businessas and property law, Judiciary Committee Staff Intern to a member of the Mr. Slidders has been influential in shaping the United States Senate. law in Australia. He precipitated the retrospective Mr. Seredynski is admitted to practice in theamendment of Victoria's domestic building laws courts of the State of New York, as well as the after finding a loophole in the legislation that he United States District Courts for the Southern andsuccessfully litigated before the Supreme Court of Eastern Districts of New York, and the United StatesVictoria. He also initiated one of Australia's largest Court of Appeals for the Second Circuit. multiparty claims alleging breach of fiduciary duties by property developers. JESSICA SLEATER received a B.A. from Truman State University in 2002, and a J.D. from Saint Louis Mr. Slidders' firm was preferred counsel for University School of Law in 2007. Ms. Sleater'sVictoria's farming community through the Victorian practice focuses on class action litigation involvingFarmers Federation - the body representing more than defrauded investors and consumers in federal and20,000 Victorian farmers. He has acted in state courts. Ms. Sleater also has experience inagribusiness matters involving trade practices issues shareholder litigation and has represented the rightsagainst multinational grain trade companies (disputes of public shareholders of companies, whoseinvolving hundreds of millions of dollars of management had agreed to a corporate buyout,derivative contracts on the CBOT). He has also merger, or other corporate transaction. advised shareholders in a derivative dispute with the Prior to joining the Firm, Ms. Sleater most management of one of Australia's leading egg recently practiced at a boutique firm in New York wholesalers. specializing in securities litigation. She also Mr. Slidders is admitted to the bar of New York previously worked for the Metropolitan and is admitted to practice law in Victoria, Australia. Transportation Authority-New York City Transit and was an Assistant Attorney General for the State of GARY S. SNITOW received his B.S. degree, Missouri. During law school, Ms. Sleater served as amagna cum laude,in Accounting from Yeshiva law clerk for the Equal Employment Opportunity University's Sy Syms School of Business in 2002. In Commission, the U.S. Department of Agriculture,2005, he received his J.D. degree from the Fordham and the Missouri Attorney General's Office. Also University School of Law. while in law school, Ms. Sleater was selected as the Mr. Snitow's focuses his practice primarily on Editor-in-Chief of the Saint Louis University Public class and private actions on behalf of defrauded Law Review, investors and consumers, as well as complex Ms. Sleater is admitted to practice in the courts ofcommercial, bankruptcy, and antitrust litigation. Mr. the States of New York and Missouri, as well as the Snitow is actively involved in a number of matters United States District Courts for the Southern andincluding: Official Comm. of Unsecured Creditors of Eastern Districts of New York. Champion Enters, v. Credit Suisse(Bankr. D. Del.) (represented official committee during motion CHARLES SLIDDERS received his L.L.B., from practice and trial against administrative agent for Melbourne University in 1994, with honors, and his breach of Credit Agreement);Golf Clubs Away LLC L.L.M, from Monash University in 2002. Mr. v. Hostway Corporation, et al., (Fl.Cir. Ct., Broward Slidders is an experienced commercial litigator withCounty) (complex consumer class action against almost fifteen years of litigation experience. Prior to internet service provider);Shropshire et al v. Sony joining Milberg in 2008, Mr. Slidders was the Music Entertainment, The Youngbloods v. BMG principal and founding partner of one of Melbourne, Music (S.D.N.Y.) (complex digital music royalty Australia's premier boutique commercial litigation class actions); Cordell v. The McGraw-Hill firms. He has frequently appeared in Australia's Companies, Inc. (S.D.N.Y.) (complex book mainstream media in relation to his legal work.
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publishing royalty class action); and the Argentineanearned her J.D. degree from Temple University defaulted debt litigation (2d Circuit and S.D.N.Y.). Beasley School of Law. During law school, she was a member of the Environmental Moot Court Team and Prior to joining Milberg, Mr. Snitow served as was awarded the David Sive Award for Best Brief an Assistant District Attorney in the New York overall in the 2004 Pace National Environmental Law County District Attorney's Office. While at the Moot Court Competition, District Attorney's Office, Mr. Snitow was initially assigned to the Appeals Bureau where he prepared Ms. Sosa focuses her practice on ERISA appellate briefs and represented the District Attorneylitigation and is actively involved in a number of at oral arguments before the Appellate Division, Firstmatters including In re Boston Scientific Corp. Department and the New York State Court of ERISA Litigation(D. Mass.), In re Morgan Stanley Appeals. Mr. Snitow was then assigned to theERISA Litigation (S.D.N.Y.), and In re First Special Prosecutions Bureau where he investigatedAmerican Corp. ERISA Litigation(C.D. Cal.). Ms. and prosecuted a variety of white collar crimes. Sosa has also concentrated part of her practice on class actions against defrauded stockholders in cases Mr. Snitow is a member of the bars of the States such as South Ferry LP # 2 v. Killinger, et al.(W.D. of New York and New Jersey and is admitted to Wash.), as well as the investigation and prosecution practice before the United States Court of Appeals of antitrust and consumer protection actions. for the Second Circuit, the United States District Courts for the Southern and Eastern Districts of New Ms. Sosa is admitted to practice law in the York, and the District of New Jersey. Eastern and Southern Districts of New York and the District of New Jersey, as well as New York and JENNIFER J. S0sA graduated from Northeastern New Jersey state courts. Prior to law school, Ms. University with a B.S. degree in Chemical Sosa worked as a Chemical Engineer. Engineering, cum laude, in 2002. In 2005, she
Attorney
NATHANIEL TARNOR graduated from the and was awarded a certificate in international and University of Illinois with a B.A. degree in 2000. comparative law. Mr. Tarnor is a member of the In 2004, he earned his J.D. degree from Chicago- American Bar Association, American Association Kent College of Law. for Justice, New York State Bar Association, New York City Bar Association, Federal Bar Council, Mr. Tarnor concentrates his practice on and the American Society of International Law. complex litigation and corporate accountability. He has represented clients before the U.S. Supreme Mr. Tarnor is admitted to practice before the Court, various federal courts of appeals, and U.S. Supreme Court, U.S. Courts of Appeals for the numerous trial courts on a wide variety of issues. Second, Seventh, and D.C. Circuits, the U.S. Mr. Tarnor's practice areas have included antitrust, District Courts for the Southern and Eastern civil rights, consumer protection, securities, and Districts of New York, the Northern and Central shareholder derivative litigation, among others. Districts of Illinois, the District of Columbia, and Additionally, Mr. Tarnor has extensive experience the District of Colorado. Mr. Tarnor is also in international litigation and international human admitted to practice in New York, Illinois, and rights law. In this regard, he has devoted Washington, D.C. substantial amounts of pro bono time to assisting human rights victims and their families, and his prior legal work has included representing human rights victims pursuant to the Torture Victim Protection Act, Alien Tort Statute, and Foreign Sovereign Immunities Act. While in law school, Mr. Tarnor was captain of his law school's international law moot court team, inducted into the International Law Moot Court Honor Society, and focused his academic studies Milberg LLP Attorney Biographies 20 Case: 1:07-cv00828-SAS-SKB Doc #: 2194 Filed: 02/28/13 Page: 1 of 21 PAGED #: 8253
EXHIBIT C Case: 1:07-cv-00828-SAS-SKB Doe #: 219-4 Filed: 02/28/13 Page: 3 of 21 PAGED #: 8255
under the ERISA statute. Attached hereto as Exhibit I is the Firm's r€sume, which describes my
Firm and its attorneys in detail.
4, My Firm acted as Plaintiffs' Co-Lead Counsel in the Litigation. In that capacity,
my Firm has been actively involved in virtually all aspects of the Litigation and has played a
major role in every material aspect of the Litigation. The tasks undertaken by my Firm are
discussed in detail in the Joint Declaration of Arvind Khurana and Robert I. Harwood in Support
of Lead Plaintiffs' Motion for: (1) Final Approval of Class Action Settlement and (2) Plan of
Allocation of Settlement Proceeds and Co-Lead Counsel's Motion for: (1) Reimbursement of
Fees and Expenses and (2) Case Contribution Awards, submitted herewith.
5. The total number of hours spent by the Firm on the Litigation to date is
3,051,70 hours. The total dollar value of the Firm's time is $ 1,432,797,50, which is based on the
hourly rates regularly charged by the Firm to its hourly fee paying clients. These rates have been
routinely approved by courts that have awarded attorneys' fees to the Firm in class action cases.
6. The following is a summary of the amount of time spent by each of the Firm's
professionals in connection with the Litigation.
Name Status Hours Lodestar Robert I. Harwood P 177.90 124,530.00 Daniella Quitt P 189.00 113,400.00 Samuel K. Rosen P 138.10 82,860.00
Jeffrey M. Norton P 977.20 - 537,460.00
Roy Shirnon A 720.80 - 306,212.50 BenSachs-Michaels A 77.20 14,600.00 S.A.Norton TA 340,10 127,537.50 P. Kranenburg TA 168.20 63,075.00 C.Lowther PL 82.00 22,550.00 0. Mariano PL 126.30 34,732.50 V. Soler PL 6.80 1,700.00 S.McGonigle LC 48.10 TOTAL: 3,051.70 1,434,797.50
2 Case: 1:07-cv-00828SAS-SKB Doc #: 219-4 Filed: 02/28/13 Page: 2 of 21 PAGEID #: 8254
IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF OHIO WESTERN DIVISION
EBRAHIM SHANEHCHIAN, Individually Case No. I :07-cv-00828-SAS-SKB And on Behalf of All Others Similarly Situated, Judge S. Arthur Spiegel Plaintiff, Magistrate Judge Stephanie K. Bowman
vs.
MACY'S, INC. et al,,
Defendants.
DECLARATION OF ROBERT I. HARWOOD ON BEHALF OF HARWOOD FEFFER LLP
I, Robert I. Harwood, declare as follows:
1. I am a member of the law firm of Harwood Feffer LLP (the "Firm"), which
served as Co-Lead Counsel in the above-captioned litigation (the "Litigation"). I have personal
knowledge of the matters set forth herein based upon my active supervision and participation in
all material aspects of the Litigation.
2. I submit this Declaration in support of plaintiffs' application for attorneys' fees
and reimbursement of expenses.
3. My Firm has extensive class action experience and is widely recognized as one of
the leading plaintiffs' law firms in the United States. The Firm represents individuals, small
businesses, institutional investors and employees in many of the major class action cases litigated
in the United States, My Firm has served as sole lead-counsel, co-lead counsel or on an
executive committee in numerous class actions, including cases brought on behalf of employees Case: 1:07-cv-00828-SAS-SKB Doc #: 2194 Filed: 02/28/13 Page: 4 of 21 PAGEID #: 8256
Name Status Hours Lodestar (P) Partner (C) Counsel (A) Associate (LC) Law Clerk (PL) Paralegal (TA)_ Temporary _Attorney
7. The foregoing lodestar is based upon the contemporaneous time records
maintained by the Firm which are an accurate record of the total number of actual hours spent on
the Litigation by members and employees of the Firm. The schedule was prepared from time
records regularly prepared and maintained, which are available for inspection at the Court's
request.
8. The Firm has incurred a total of $142,885.42 in reasonable, customary and
necessary expenses in connection with the prosecution of the Litigation from inception through
the date hereof, which have not been reimbursed. These expenses are broken down as follows:
Category Amount Filing Fees 765,00 Document and Data Management Expenses 2,4340 Litigation Fund Assessments 96,124.78 Meals/Hotel/Transportation 18,472.44 Computer Research (Lexis, Pacer, etc.) 23,706.12 Photocopying/Reproduction 534.51 Postage/Messenger/Federal Express 686.47 Telephone and Facsimile 162.54 TOTAL: 142,885.42
3 Case: 1:07-.cv-00828SAS-SKB Doc #: 2194 Filed: 02/28/13 Page: 5 of 21 PAGEID #: 8257
The expenses pertaining to this case are reflected in the books and records of the
Firm. These books and records are prepared from expense vouchers, check records and other
documents and are an accurate record of the expenses,
I declare under penalty of perjury that the foregoing is true and correct.
Executed this 28th day of February 2013, at New York, New York.
Robert I. Harwood Case: 1:07-cv-00828-SAS-SKB Doc #: 219-4 Filed: 02/28/13 Page: 6 of 21 PAGEID #: 8258
EXHIBIT 1 Case: 1:07-cv-00828-SAS-SKB Doc #: 219-4 Filed: 02/28/13 Page: 7 of 21 PAGED #: 8259
HARWOOD FEFFER LLP
FIRM DESCRIPTION
The law firm of Harwood Feffer LLP ("Harwood Feffer" or the "Firm') specializes in complex, multi-party litigation with an emphasis on securities class actions, shareholder class and derivative actions, ERISA litigation, and consumer protection. The Firm also handles more general complex commercial litigation involving allegations of breach of contract, breach of fiduciary duty, fraud, and negligence, as well as litigation involving labor and employment, civil rights, anti-competitive conduct, and other commercial claims, Harwood Feffer is dedicated to prosecuting socially useful actions in the most efficient manner and with the highest level of professional competence. The structure of the Firm allows us a far greater degree of independence, flexibility, and satisfaction than a large firm environment, without sacrificing the quality of representation necessary to successfully litigate complex actions throughout the country. The Firm maintains an excellent reputation among both the plaintiffs' and defense bars. Our adversaries and co-counsel know that we take a case to trial, if necessary, to achieve a satisfactory result for our clients. Harwood Feffer has been acknowledged by courts and by its peers to be one of the leaders in the plaintiffs' shareholder advocacy bar. In this Case: 1:07-cv-00828-SAS-SKB Doc #: 219-4 Filed: 02128113 Page: 8 of 21 PAGED II: 8260
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regard, we have developed new law in the areas of tender offers, fiduciary duty of corporate insiders to public shareholders in mergers and takeovers, and general principles of required disclosure to shareholders and institutional investors in public companies. As a result, the Firm has been designated as lead, co-lead or special counsel in numerous complex cases and other actions involving shareholder rights and corporate governance. In the vast majority of such actions, the Firm's skill and expertise has led to the recovery of substantial monetary and equitable benefits for investors, stockholders, corporations, and partnerships. By way of example, the following litigated actions, in which the Firm served in a leadership capacity, were all brought to highly successful conclusions: 1) In re First Capital Holdings Corporation Financial Products Securities Litigation, MDL 901 (C.D.CaI.) (restoration of over $1 billion in insurance policies and benefits); 2) In re Royal Dutch/Shell Transport ERISA Litigation, (D.N.J.) (creation of settlement fund of $90 million plus implementation of structural relief); 3) In re Prudential Bache Energy Income Partnerships Securities Litigation, MDL 880 (E.D.La.) (creation of settlement fund in excess of $90 million); 4) In re JWP Inc. Securities Litigation, (S.D.N.Y.) (creation of settlement fund in excess of $37 million); 5) Morse v. McWhorter, (M.D. Tenn.)(creation of a settlement fund of $49.5 million on behalf of investors in CoJumbia/HCA Healthcare Corp.); 6) In re BankOne Securities Litigation, (ND. Ill.) Case: 1:07-cv-00828-SAS-SKB Doc #: 219-4 Filed: 02/28/13 Page: 9 of 21 PAGEID : 8261
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(creation of a $45 million settlement fund); and 7) Sidney Morse, et al. v. Abbott Laboratories, et al., (N.D. Ill.) (creation of a $14.1 million settlement fund following a jury verdict for plaintiffs). The Firm has also been appointed Co-Lead Counsel in a Multidistrict Litigation against FedEx Ground Package System, Inc. currently pending in the Northern District of Indiana, Docket No, MD 1700, involving actions prosecuting claims on behalf of over 40 separate state and federal classes from over 35 states. This litigation concerns FedEx Ground's practice of misclassifying its driver employees as independent contractors. Courts have often recognized the Firm's skill in class, derivative, and ERISA actions. For example, in In re Electro-Catheter Securities Litigation, Judge Nicholas Politan of the District of New Jersey stated: [C]ounsel in this case are highly competent, very skilled in this very specialized area and were at all times during the course of the litigation that I participated in, which was perhaps the major part of the Court litigation here, always well prepared, well spoken, and knew their stuff and they are a credit to their profession. They are the top of the line.
In J. Michael v. SFBC International, Inc., Judge Stanley R. Chesler of the District of New Jersey stated: Case: 1:07-cv-00828-SAS-SKB Doc #: 219-4 Filed: 02/28/13 Page: 10 of 21 PAGEID #: 8262
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The Court . . is delighted, quite frankly, to see the practicality of counsel on both sides in this matter and that, indeed, settlement in this case and at this early stage ends up with very substantial and practical benefits to all the parties in this case and ultimately to the corporation.
THE ATTORNEYS OF THE FIRM Robert I. Harwood, senior partner of the Firm, graduated from William and Mary Law School in 1971, and has specialized in securities law and securities litigation since beginning his career in 1972 at the Enforcement Division of the New York Stock Exchange. He has prosecuted numerous securities, class, derivative, and ERISA actions. He has served as Acting Village Justice in Dobbs Ferry, New York since 1999. He is a member of the Trial Lawyers' Section of the New York State Bar Association and has served as a guest lecturer at trial advocacy programs sponsored by the Practicing Law Institute. In a statewide survey of his legal peers published by Super Lawyers Magazine, Mr. Harwood has been consistently selected as a 'New York Metro Super Lawyer." Super Lawyers are the top five percent of attorneys in New York, as chosen by their peers and through the independent research. He is also a Member of the Board of Directors of the MFY Legal Services Inc., which provides free legal representation in civil matters to the poor and the mentally ill in New Case: 1:07-cv-00828-SAS-SKB Doc #: 219-4 Filed: 02/28/13 Page: 11 of 21 PAGED #: 8263
Harwood Feffer LLP Iii Page 5
York City. Since 1999, Mr. Harwood has served as a Village Justice for the Village of Dobbs Ferry, New York. Commenting on Mr. Harwood's abilities, in In re Royal Dutch/Shell Transport ERISA Litigation, (D.N.J.), Judge Bissell stated: the Court knows the attorneys in the firms involved in this matter and they are highly experienced and highly skilled in matters of this kind. Moreover, in this case it showed. Those efforts were vigorous, imaginative and prompt in reaching the settlement of this matter with a minimal amount of discovery So both skill and efficiency were brought to the table here by counsel, no doubt about that.
Likewise, Judge Hurley stated in connection with In re Olsten Corporation Securities Litigation, 97 CV-5056 (E.D.N.Y. Aug. 31, 2001), wherein a settlement fund of $24.1 million was created: 'The quality of representation here I think has been excellent." Mr. Harwood was lead attorney in Meritt v. Eckerd, 86 Civ. 1222 (E.D.N.Y. May 30, 1986), where then Chief Judge Weinstein observed that counsel conducted the litigation with "speed and skill" resulting in a settlement having a value "in the order of $20 Million Dollars." Mr. Harwood prosecuted the Hoeniqer v, Aylsworth class action litigation in the United States District Court for the Western District of Texas (SA-86-CA-939), which resulted in a settlement fund of $18 million and received favorable comment in the August 14, 1989 edition of The Wall Street Journal ("Prospector Fund Finds Golden Touch in Class Case: 1:07-cv-00828-SAS-SKB Doc #: 2194 Filed: 02/28/13 Page: 12 of 21 PAGEID #: 8264
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Action Suit" p. 18, col. 1). Mr. Harwood served as co-lead counsel in In Re Interco Incorporated Shareholders Litigation, Consolidated C.A. No. 10111 (Delaware Chancery Court) (May 25, 1990), resulting in a settlement of $18.5 million, where V.C. Berger found, "This is a case that has an extensive record that establishes it was very hard fought. There were intense efforts made by plaintiffs' attorneys and those efforts bore very significant fruit in the face of serious questions as to ultimate success on the merits." Mr. Harwood served as lead counsel in Morse v. McWhorter, (Columbia/HCA Healthcare Securities Litigation) (M.D. Tenn.), in which a settlement fund of $49.5 million was created for the benefit of the Class, as well as In re Bank One Securities Litigation, (N.D. III.), which resulted in the creation of a $45 million settlement fund. Mr. Harwood also served as co- lead counsel in In re Safety-Kleen Corp. Stockholders Litigation, (D.S.C.), which resulted in a settlement fund of $44.5 million; In re Laidlaw Stockholders Litigation, (D.S.C.), which resulted in a settlement fund of $24 million; In re AIG ERISA Litigation, (S.D.N.Y.), which resulted in a settlement fund of $24.2 million; In re JWP Inc. Securities Litigation, (S.D.N.Y.), which resulted in a $37 million settlement fund; In re Oxford Health Plans, Inc. Derivative Litigation, (S.D.NX.), which resulted in a settlement benefit of $13.7 million and corporate therapeutics; and In re Case: 1:07-cv-00828-SAS-SKB Doc #: 219-4 Filed: 02/28/13 Page: 13 of 21 PAGEID #: 8265
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UNUMProvident Corp. Securities Litigation, (D. Me.), which resulted in the creation of settlement fund of $45 million.
Joel C. Feffer, one of the senior members of the firm, was the partner supervising the litigation of In re Home Shopping Network, Inc., Derivative Litigation, (S.D. Fla.), which created a settlement benefit in excess of $20 million, and Edge Partners, L.P. v. Dockser, et al., (D. Md.), which created a settlement benefit in excess of $11 million, In addition, Mr. Feffer was in charge of Dornberger v. Metropolitan Life Insurance Company in the Southern District of New York, which created a settlement benefit of more than $20 million; the successful prosecution of the Regeneron Pharmaceuticals, Inc. Securities Litigation in the Southern District of New York, which created a settlement fund in excess of $4 million; and Croyden Assoc. v. Tesoro Petroleum Corp., et al., (Del. Ch.), which created a settlement benefit of $19.2 million on behalf of holders of preferred stock of Tesoro Petroleum Corp.; and In re Alliance Pharmaceutical Corp. Securities Litigation, (S.D.N.Y.), which on the eve of trial created a settlement of $4.75 million. Mr. Feffer graduated from Georgetown University Law Center in 1967 and specialized in corporate law and securities litigation. Mr. Feffer is a member of both the New York State and American Bar Associations, Case: 1:07-cv-00828-SAS-SKB Doc #: 219-4 Filed: 02/28/13 Page: 14 of 21 PAGEID #: 8266
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Daniella Quitt, a member of the Firm, graduated from Fordham University School of Law in 1988, is a member of the Bar of the State of New York, and is also admitted to the United States District Courts for the Southern and Eastern Districts of New York and the United States Court of Appeals for the Second, Fifth and Ninth Circuits. Ms. Quitt has played a significant role in numerous actions in which Harwood Feffer served as lead or co-lead counsel, wherein substantial benefits were conferred upon plaintiff shareholders, such as In re Safety- Kleen Corp. Stockholders Litigation, (D.S.C.) (settlement fund of $44.5 million); In re Laidlaw Stockholders Litigation, (D.S,C.) (settlement fund of $24 million); In re UNUMProvident Corp. Securities Litigation, (D. Me.) (settlement fund of $45 million); In re Harnischfeger Industries (ED. Wisc.) (settlement fund of $10.1 million); In re Oxford Health Plans, Inc. Derivative Litigation, (S.D.N.Y.) (settlement benefit of $13.7 million and corporate therapeutics); In re JWP Inc. Securities Litigation, (S.D.N.Y.) (settlement fund of $37 million); In re Home Shopping Network, Inc., Derivative Litigation, (S.D. Fla.) (settlement benefit in excess of $20 million); In re Rexel Shareholder Litigation, (Sup. Ct. N.Y. County) (settlement benefit in excess of $38 million); and Croyden Assoc. v. Tesoro Petroleum Corp., et (Del. Ch.) (settlement benefit of $19.2 million). In connection with the settlement of Alessi v. Beracha, (Del. Ch.), a class action brought on behalf of the former minority shareholders of Case: 1:07-cv-00828-SAS-SKB Doc #: 219-4 Filed: 02/28/13 Page: 15 of 21 PAGEID #: 8267
€ Harwood Feffer LLP Page 9
Earthgrains, Chancellor Chandler commented: "I give credit where credit is due, Ms. Quitt. You did a good job and got a good result, and you should be proud of it." Prior to joining Harwood Feffer in May 1991, Ms. Quitt represented both plaintiffs and defendants in complex commercial litigation. Since her affiliation with Harwood Feffer, Ms. Quitt has focused her practice on shareholder rights and ERISA class actions but continues to handle general commercial and consumer litigation.
Matthew M. Houston, a member of the Firm, graduated from Boston University School of Law in 1988. Mr. Houston is a member of the Bar of the State of New York and the Commonwealth of Massachusetts. Mr. Houston is also admitted to the United States District Courts for the Southern and Eastern Districts of New York and the District of Massachusetts, Mr. Houston has substantial courtroom experience involving complex actions in federal and state courts throughout the country. Mr. Houston was co-lead trial counsel in one the few ERISA class action cases taken to trial asserting breach of fiduciary duty claims against plan fiduciaries; Brieger et al. v. Tellabs, Inc., No. 06-CV-01882 (N.D. Ill.) and has successfully prosecuted many ERISA actions; In re Royal Ahold N. V. Securities and ER/SA Litigation, Civil Action No. 1:03-md-01539. Mr. Houston has been one of the principal attorneys litigating claims in multi- Case: 1:07-cv-00828-SAS-SKB Doc #: 219-4 Filed: 02/28/13 Page: 16 of 21 PAGEID //: 8268
Harwood Feffer LLP ____ Page 10
district litigation concerning employment classification of pick up and delivery drivers and primarily responsible for prosecuting ERISA class claims; In re FedEx Ground Package Inc. Employment Practices Litigation, 3:05-MD-527 (MDL 1700). Mr. Houston also served as lead counsel in multi-district class litigation seeking to modify insurance claims handling practices; In re UnumProvident Corp. ERISA Benefits Denial Actions, 1:03- cv-1 000 (MDL 1552). In addition to numerous employment cases, Mr. Houston has litigated actions asserting breach of fiduciary duty in the context of mergers and acquisitions. Mr. Houston has been responsible for securing millions of dollars in additional compensation and structural benefits for shareholders of target companies; In re Instinet Group, Inc. Shareholders Litigation, C.A. No. 1289 (Delaware Court of Chancery) Jasinover v. The Rouse Company, Case No. 13-C-04-59594 (Maryland Circuit Court): McLaughlin v. Household International, Inc., Case No. 02 OH 20683 (Illinois Circuit Court); Sobosta v. The Quizno's Corporation, Case No. 2001 CV 6281 (Colorado District Court); and Crandon Capital Partners v. Sanford M. Kimmel, C.A. No. 14998 (Delaware Court of Chancery). Mr. Houston has played a principal role in numerous class actions wherein substantial benefits were conferred upon plaintiffs: Pace American Shareholder Litigation, 94-92 TUC-RMB (securities fraud class action settlement resulting in a recovery of $3.75 million); In re Bay Financial Case: 1:07-cv-00828-SAS-SKB Doc #: 219-4 Filed: 02/28/13 Page: 17 of 21 PAGED #: 8269
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Securities Litigation, Master File No. 89-2377-DPW, (J. Woodlock) (D. Mass.) (settlement of action based upon federal securities law claims resulting in class recovery in excess of $3.9 million); Crandon Capital Partners v. Sanford M. Kimmel, C.A. No. 14998 (J. Chandler) (Del. Oh. 1996) (settlement of an action on behalf of shareholders of Transnational Reinsurance Co. whereby acquiring company provided an additional $10.4 million in merger); Goldsmith v. Technology Solutions Company, 92 C 4374 (J. Manning) (N.D. Ill. 1992) (recovery of $4.6 million as a result of action alleging false and misleading statements regarding revenue recognition).
Samuel K. Rosen, a member of the Firm, graduated Princeton University in 1965 and cum laude from Harvard Law School in 1968. Mr. Rosen has had extensive experience in securities class action litigation, as well as complex corporate and commercial litigation. Mr. Rosen has also represented public and private companies in matters of general corporate concern. In 1979, Mr. Rosen argued in the United States Supreme Court, and won, the landmark case, Park Lane Hosiery Co., Inc. v. Shore, 439 U.S. 322 (1979). Mr. Rosen played a key role in the successful prosecution of Morse v. McWhorter, (M.D. Tenn.) (creation of a settlement fund of $49.5 million on behalf of investors in Columbia/HCA Healthcare Corp.) and In re Case: 1:07-cv-00828-SAS-SKB Doc #: 219-4 Filed: 02/28/13 Page: 18 of 21 PAGEID #: 8270
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Olsten Corporation Securities Litigation, (E.D.N.Y.) (creation of a settlement fund of $24.1 million).
James G. Flynn, a member of the Firm, graduated cum laude from Fordham College in 1980 and cum laude from St. John's School of Law in 1988. Mr. Flynn is a member of the Bar of the State of New York and is also admitted to the United States District Courts for the Southern and Eastern Districts of New York and to the United States Court of Appeals for the Second and the Fifth Circuits. Mr. Flynn has played a principal role in numerous class, derivative, and consumer actions wherein substantial benefits were conferred upon investors and consumers, such as In re Executive Telecard, Ltd. Securities Litigation, 94 Civ. 7846 (CLB) (S.D,N.Y.) (settlement benefit in cash and options of over $4 million in Federal securities action); In re Verizon Three Way Calling Litigation, No. 603484-01 (Sup. Ct. N.Y. County) (class action settlement providing full refund of improper three way calling charges of up to $2 million collected); In re Graham-Field Health Products, Inc. Securities Litigation, No. 98-CV-1923 (DRH) (E.D.N.Y.) ($5,650,000 settlement of Federal securities class action); and Geer v. Cox, et al., Case No, 01-2583-JAR (D. Kan.) (derivative settlement of $2.5 million in class and derivative action). Case: 1:07-cv-00828-SAS-SKB Doc #: 219-4 Filed: 02/28/13 Page: 19 of 21 PAGEID #: 8271
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Prior to joining Harwood Feffer, Mr. Flynn represented both plaintiffs and defendants in commercial and securities litigations and in class actions. Since his affiliation with Harwood Feffer in 1994, Mr. Flynn has focused his practice in the field of shareholder and consumer rights but continues to handle general and complex commercial litigation as well.
Peter W. Overs, Jr., Counsel to the Firm, was admitted to the New York Bar in 1994 and the U.S. District Court, Southern and Eastern Districts of New York in 1995. He is a graduate of St. Johns University (J.D., 1993) and New York University (B.A., magna cum laude,
Departmental Honors in Philosophy, 1990). Mr. Overs authored "U.S. V. Fagg: Stretching the Bounds of Privacy," 66 St. Johns L. Rev. 1193 (1993). He is a member of the Association of the Bar, City of New York. Upon graduation from law school, Mr. Overs served as law clerk to the Honorable Paul J. Kelly, Jr., Circuit Judge, United States Court of Appeals for the Tenth Judicial Circuit. Prior to becoming an associate of the Firm, Mr. Overs represented both plaintiffs and defendants in antitrust and securities class actions, complex commercial litigation and federal appeals. Mr. Overs has played a significant role in the Firm's prosecution of employment misclassification and related Fair Labor Standards Act claims in In re FedEx Ground Package System, Inc., Employment Practices Litigation, MDL No. 1700 and Reid, et a?. vs. SuperShuttle Int'l, Inc., et a?, Case: 1:07-cv-00828-SAS-SKB Doc #: 219-4 Filed: 02/28/13 Page: 20 of 21 PAGEID #: 8272
Harwood Feffer LLP lim Page 14
Civ. No. 1:08-cv-04854-JG-WP (E.D.N.Y.). Mr Overs' practice also includes the prosecution of shareholder rights, consumer rights, securities fraud, antitrust and ERISA class actions.
Tanya Korkhov, an associate of the Firm, was admitted to the bar in 2006. Ms. Korkhov graduated from New York University with a Bachelor of Arts in English and American Literature. She received her J.D. from the Benjamin N. Cardozo School of Law in 2005, where as a member of the Securities Arbitration Clinic, she represented clients in securities-related matters. Ms. Korkhov represented Cardozo on a four-member team in the 2005 and 2004 annual Willem C. Vis International Commercial Arbitration Moot Competition held in Vienna, Austria. Ms. Korkhov is admitted to the United States District Courts for the Southern and Eastern Districts of New York.
Benjamin I. Sachs-Michaels, an associate of the Firm, was admitted to the Bar of the State of New York in 2012. Mr. Sachs-Michaels served as a student law clerk of the Firm from 2009 until his graduation from law school. Prior to his employment by the Firm in 2009, Mr. Sachs-Michaels served as a judicial intern to Senior United States District Judge Thomas J. McAvoy in the United States District Court for the Northern District of New York. Case: 1:07cv-00828SASSKB Doc #: 219-4 Filed: 02/28/13 Page: 21 of 21 PAGED #: 8273
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Mr. Sachs-Michaels graduated from Pitzer College in Claremont, California in 2005. He received his J.D. from the Benjamin N. Cardozo School of Law in 2011, where he was a member of the Cardozo Journal of Conflict Resolution and authored a student note, The Demise of Class Actions Will Not Be Televised, 12 CARDOZO J. CONFLICT RESOL. 665 (2010). In 2010, Mr. Sachs-Michaels completed the Heyman Center Program on Corporate Governance at Oxford University. Case: 1:07-cv-00828-SAS-SKB Doc #: 2195 Filed: 02/28/13 Page: 1 of 4 PAGED #: 8274
EXHIBIT B Case: 1:07-cv-00828-SAS-SKB Doe #: 219-5 Filed: 02/28/13 Page: 2 of 4 PAGED #: 8275
IN THE UNITED STATES DISTRICT COURT FOR THE SOUThERNDISTRICT OF 01:1:10 WESTERN DIVISION
EBIFIIM SHANEHCII1AN, Individually Case No, I :07-cv-00828-SAS-SKB And on Behalf of All Others Similarly Situated, Judge S. Arthur Spiegel Plaintiff, Magistrate Judge Stephanie K Bowman
vs
MACY'S, INC. et al.,
Defendants.
DECLARATION OF STEPHEN Ii. I MM, ESQ. ON l31il IA OF KATZ, GREENBEROER & NORTON LIT
1, Stephen E. [mm, Esq., declare as follows:
I. I am a partner in the law firm ofKatz, Greenberger & Norton LEP (the "Firm"),
which served as Co-Lead Counsel for Plaintiffs in the above-captioned litigation (the
"Litigation"). I have personal knowledge of the matters set forth herein based upon my active
supervision and participation in all material aspects of the Litigation.
2. I submit this Declaration in support of plaintiffs' application for attorneys' fees
and reimbursement of expenses.
3. 1 am a graduate of Georgetown University Law Center, and have been licensed to
practice law in the State of Ohio since 1987. My Firm has extensive experience representing
individuals, small businesses, and employees in eases litigated in Federal Court, and in particular
in the Southern District of Ohio and the Sixth Circuit Court of Appeals. I have personally first-
chaired approximately a dozen federal court jury trials on behalf of civil rights plaintiffs in Case: 1:07-cv-00828-SAS-SKB Doc #: 219-5 Filed: 02/28/13 Page: 3 of 4 PAGEID #: 8276
federal court, and have first-chaired dozens of additional jury trials in various state courts in
Ohio and Kentucky. I have also litigated dozens of appeals in the Sixth Circuit Court of Appeals
and various state appellate courts. I have been lead counsel in many reported cases decided by
the Ohio Supreme Court and federal and state appeals courts. 1 am active in numerous
professional associations and societies, including the Federal Bar Association,
4. I have been personally involved in all aspects of my Firm's work in this
Litigation, including reviewing and revising numerous pleadings and motions, advising co-lead
counsel on matters of local custom, practice, and procedure, attending court hearings and
conterenees, con(lueting legal research, and conferring with co-lead counsel concerning case
planning and strategy.
5. The total number of hours spent by the Firm on the Litigation to (late is
77.55 hours. The total dollar value of the Firm's time is $22,654.00, which is based on the
current rates regularly charged by the Firm to its hourly fee paying clients. These rates are the
same as the regular current rates charged for their services in non-contingent matters, and/or
which have been applied to my Firm by courts conducting lodestar analysis. Time expended in
preparing the application For fees and reimbursement of expenses has not been included in this
Declaration.
6. The [bllowing is a summary of the amount of time spent by each of the Firm's
professionals in connection with the Litigation.
Name -- Status - Hours - lodestar ____Stephen E. 1mm Partner 71.15 $ 21.345,00 Richard L. Norton Partner 2,00 $ 500.00 Scott H. Kravetz Associate 4.40 $ 809.00 TOTAL: 77.55 $ 22,654.00 Case: 1:07-cv-00828-SAS.SKB Doe #: 2195 Filed: 02/28/13 Page: 4 of 4 PAGEID #: 8277
7. The foregoing lodestar is based upon the contemporaneous time records
maintained by the Firm, which are an accurate record of the total number of actual hours spent
on the Litigation by members and employees of the Firm. The schedule was prepared from lime
records regularly prepared and maintained, which are available for inspectionin camnerO. at the
Court's request.
8. The Firm has incurred a total of $1,497.14 in reasonable, customary and
necessary expenses in connection with the prosecution of the Litigation from inception through
the date hereof, which have not been reimbursed. These expenses are broken clown as follows:
M OEY Amount Transcript of 4/21/2011 Hearing 5 223.10 Photocopying/Reproduction Postage $ 0.64 TOTAL: $ 1,497.14
9. The expenses pertaining to this ease are reflected in the hooks and records of the
Firm, which are available fbr inspection at the Court's request. These books and records are
prepared from expense vouchers, check records and other documents and are an accurate record
of the expenses as charged by the vendors.
.1 declare under penalty of perjury that the foregoing is true and correct.
Executed this 3 1 day of January 2013, at Cincinnati, Ohio,
Stephen F. 1mm
309602
1 These records may include information concerning privileged and/or confidential attorney client communications or work product. Case: 1:07-cv-00828-SAS-SKB Doc #: 219-6 Filed: 02/28/13 Page: 1 of 10 PAGE ID #: 8278
EXHIBIT E Case: 1:07-cv-00828-SAS-SKB Doc #: 219-6 Filed: 02/28/13 Page: 2 of 10 PAGEID /: 8279
IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF OHIO WESTERN DIVISION
EBRAHIM SHANEHCHIAN, Individually Case No. I :07-cv-00828-SAS-SKB And on Behalf of All Others Similarly Situated, Judge S. Arthur Spiegel Plaintiff, Magistrate Judge Stephanie K. Bowman
vs.
MACY'S, INC. el al.,
Defendants
DECLARATION OF ALFRED G. YATES, JR. ON BEHALF OF LAW OFFICE OF ALFRED G. YATES, JR., P.C.
1, Alfred G. Yates, Jr., declare as follows:
1. I am principal of Law Office of Alfred G. Yates, Jr., P.C. (the "Firm"), which
served as Plaintiffs' counsel for Ebrahim Shanehchian, Anita L. Johnson, Donald Snyder and
Joseph M. Stengel in the above-captioned litigation (the "Litigation"). I have personal
knowledge of the matters set forth herein based upon my active supervision and participation in
all material aspects of the Litigation.
2. I submit this Declaration in support of plaintiffs' application for attorneys' fees
and reimbursement of expenses.
3. My firm has been engaged for over 20 years in class action litigation, securities,
consumer, antitrust, ERISA and FLSA actions. The firm's office is located in Pittsburgh,
Pennsylvania. The firm is currently litigating class and consumer cases pending in federal and
state courts across the United States. Attached hereto as Exhibit I is the Firm's r€sume, which
Case: 1:07-cv-00828SAS-SKB Doc /1: 2196 Filed: 02/28113 Page: 3 of 10 PAGED #: 8280
describes my Firm, and provides biographies for the attorneys in my Firm who were principally
involved in this Litigation in detail.
4. 1 have been personally involved in all aspects of the Firm's work in this
Litigation, including the following: research for and the drafting and filing of an initial complaint
and an amended complaint; briefing in opposition to defendants' motions to dismiss; discovery
including client responses to interrogatories and requests for production of documents, review
and production of clients records and client depositions; class certification briefing; briefing in
opposition to defendants' motions for summary judgment; attending multiple mediation sessions;
and participated in the drafting and finalization of settlement papers. Throughout this Litigation,
attorneys from my firm have kept in regular communication with plaintiffs' Co-Lead Counsel for
Lead Plaintiffs to discuss various status and strategy matters and have otherwise followed the
progress of the Litigation. My Firm regularly consulted our clients, who include the Lead
Plaintiffs, to keep them informed of the current progress of the Litigation.
5, The total number of hours spent by the Firm on the Litigation to date is
360.67 hours. The total dollar value of the Firm's time is $165,192.30, which is based on the
current rates regularly charged by the Firm to its hourly fee paying clients. These rates are the
same as the regular current rates charged for their services in non-contingent matters and/or
which have been applied to my Firm by courts conducting lodestar analysis or cross-check in
other class litigation. Time expended in preparing the application for fees and reimbursement of
expenses has not been included in this Declaration.
6. The following is a summary of the amount of time spent by each of the Firm's
professionals in connection with the Litigation.
2
Case: 1:07-cv-00828SASSK8 Doc #: 2196 Filed: 02/28/13 Page: 4 of 10 PAGEID €#: 8281
Name Status Hours - Lodestar Alfred U. Yates, Jr. P 216,47 $106,070.30 Gerald L. Rutledge A 144.20 $59,122.00 TOTAL: 360.67 $165,192.30 (P) Principal (A) Associate
7. The foregoing lodestar is based upon the contemporaneous time records
maintained by the Firm which are an accurate record of the total number of actual hours spent on
the Litigation by members and employees of the Firm. The schedule was prepared from time
records regularly prepared and maintained, which are available for inspectionin camera' at the
Court's request.
8, The Firm has incurred a total of $3,308.40 in reasonable, customary and
necessary expenses in connection with the prosecution of the Litigation from inception through
the date hereof, which have not been reimbursed. These expenses are broken down as follows:
Category Amount Filing Fees $400.00 Out-of-Town Meals/Hotel/Transportation $2,277.75 Photocopying/Reproduction $588.15 Postage/Messenger/Federal Express $42.50 TOTAL: $3,308.40
9. The expenses pertaining to this case are reflected in the books and records of the
Firm, which are available for inspection at the Court's request. These books and records are
I These records may include information concerning privileged and/or confidential attorney- client communications or work product,
3 Case: 1:07-cv00828-SAS--SKB Doc #: 2196 Filed: 02/28/13 Page: 5 of 10 PAGED #: 8282
prepared from expense vouchers, check records and other documents and are an accurate record
of the expenses as charged by the vendors,
I declare under penalty of perjury that the foregoing is true and correct.
Executed this 7th day of February 2013, at Pitts ylvania.
Alfred G. Yates, Jr. Case: 1:07-cv-00828-SAS-SKB Doc #: 219-6 Filed: 02/28/13 Page: 6 of 10 PAGED I/: 8283
Exhibit 1 LAW OFFICE OF ALFRED G. YATES, JR., P.C. 519 Allegheny Building, 429 Forbes Avenue Pittsburgh, Pennsylvania 15219 Phone: 1(800) 391-5164 Email: [email protected]
ALFRED C. YATES, JR., born Sarver, Pennsylvania; AV Rating from Martindale-Hubbell; admitted to the bar of the Commonwealth of Pennsylvania and the U.S. District Court for the Western District of Pennsylvania (1973); U.S. Court of Appeals, Third Circuit (1982). Education: University of Pittsburgh (J.D., 1973), College of William and Mary (A.B., 1968), With U.S. Army 1968-1970,
GERALD L. RUTLEDGE, born Bronxville, New York; admitted to the bar of the Commonwealth of Pennsylvania and the U.S. District Court for the Western District of Pennsylvania (1991); U.S. Court of Appeals, Third Circuit (1996). Education: Duquesne University School of Law (J.D., 1991), Carnegie Mellon University (B.S., 1988).
FIRM RESUME
The Law Office of Alfred G. Yates Jr., PC has been engaged for over 20 years in class action litigation, securities, consumer, antitrust, ERISA and FLSA actions. The firm's office is located in Pittsburgh, Pennsylvania. The firm is currently litigating class and consumer cases pending in federal and state courts across the United States. As shown below, the firm has successfully represented defrauded consumers, stockholders and investors in many recoveries,
The firm has been appointed as counsel in litigation in federal court for the United States District Court for the Western District of Pennsylvania leading to settlements as follows:Bell, etal. v. Fore Systems, Inc., ci al., No.97-cv-1265, $11.7 million;Black Box Sec. Lilig.,No. 03-cv-412, $2 million; Black Box Corp. Derivative Litig.2:06-ev-01531-JFC (financial relief worth over $14 million to the company);Blue Cross of Western Pennsylvania Litig.,No. 93-1591, $16 million; Citiline Holdings, Inc. v. Printcafe Software, Inc., etal.,No. 03-cv-0959, $1.6 million;Chambers Sec, Litig., No. 92-cv-0679,$95 million; Di Cicco, etal. v. American Eagle OutJitters, Inc., etal., No. 95-cv-1 937,$1.95 million;DQE, Inc. Sec. Litig.,Master File No. 01 -cv-1 851, $12 million,Fox vs. Equimark Corporation, et al.,No. 90-cv-1504, $6.5 million cash;Federated Mutual Funds Excessive Fee Litig.,No. 2:04-cv-352-DSC;Butler, etal. v. Northstar Health Services, Inc., etal., No. 96-cv-701, $53 million; Lan v. Ludrof ci al., I:06-cv-001 14-SJM, $5.2 million;Moorhead v. Consol Energy, Inc., ci a! No,03-cv-1588, $2.7 million;Ominsky v. PNC Financial Corp., No. 2:90-cv-592, $63 million,Chrisiner v. PNC Bank Corp.,No. 2:94-cv-1961,$5.45 million; PNC Financial Services Group, Inc. Sec. Lilig.,No, 02-cv-0271, $36.6 million;Schmiizer, etal. vs. The Italian Oven, Inc., et a!,, No.96-cv-1248, $3,278 million;Sulcus Computer Sec. Lilig. II, No. 94-cv-0565, $800,000 and 1.4 million common shares of SulcusTri-Star stock; Farms Limited v. Marconi PLC, etal., 01 -cv-1573, $7.1 million, andWestinghouse Sec. Litig.,No, -cv-354,91 $67.25 million. Case: 1:07-cv-00828-SAS-SKB Doc //: 219-6 Filed: 02/28/13 Page: 7 of 10 PAGEID //: 8284
The firm is currently serving as local or plaintiffs' liaison counsel in class actions in the Court of Common Pleas of Allegheny County PennsylvaniaEssig in v. PNC Bank, NA,,GD 12-06839, Nagel v. Gales, et al,,G.D. 12-019908, andTollgrade Communications, Inc. Derivative and Class Action Litigation,Consolidated Case No.: GD 11-003755; and in a collective action in the United States District Court for the Western District of PennsylvaniaHickton in v, Enterprise Rent-A-Car Company, Inc., et al.,2:07-cv-01687-JFC.
The firm has also participated in shareholder litigation in state and federal court in the Commonwealth of Pennsylvania as follows:Allegheny Energy, Inc. Shareholder Class and Derivative Litigation,Lead Case No. 1101 of 2010 (Pa,C.P. Court, Westmoreland County);Denney v. Superior Well Services, Inc.,2:10-cv-01 154-LPL (W.D. PA); Muir v, Atlas Energy, Inc., ci al., G.D. 10-20988 (Pa C.P. Court, Allegheny County);Federated Mutual Funds Excessive Fee Litig., No. 2:04-cv-352-DSC;Nishihara v. Atlas Energy, Inc. ci al.,No. 2:10-cv-01526-JFC (W.D. PA); Portec Rail Products, Inc. Shareholders Litigation,G,D. 10-003547 (Pa.C.P. Court, Allegheny County); Daniel Schurr v. CNX Gas Corporation, et al,,Case No,: C-63-CV-201002207 (Pa.C.P. Court, Washington County); Napierkoswki v. Superior Well Services, Inc., et al.,535-CD-2010 11 (Pa .0 .P. Court, IndianaCounty);,JLK Direct Distribution, Inc. Shareholders Litig.,G.D. 00-012565 (Pa.C.P. Court, Allegheny County) (atender offer case that resulted in the acquiring company paying 30% more to JLK minority shareholders); andSpring Hills Savings and Loan,GD. 90-021690 (Pa C.P, Court, Allegheny County),
The firm is serving as plaintiffs' counsel in ERISA cases arising out of breaches of fiduciary duties to 401(k) Plan ParticipantsShanehchian in v. Macy's, Inc.,1:07-cv-00828-SAS-TSI-1 (S.D. OH). It has served in cases suchBoston as ScientUlc Corp. ERISA Litigation,:06-cv-10105-JLT, 1 (D. MA); Cardinal Health, Inc. ERISA Litigation,C2-04-643 (S.D. Ohio);General Electric Company ERISA Litigation,No. 06-cv-315(GLS/RDH)(S,D.N,Y.);Lanfear v, Home Depot, Inc. et al., 1 :07-cv-001 97-ODE (ND. GA); Lear ERISA Litig.,No. 06-11735 (ED. Mich.); andVincent D. DeFelice v, USAirways, Inc., ci al.,04-889-TSE/TRJ (E.D. Va.).
The firm is serving as plaintiffs' counsel in antitrust and consumer product liability class actions and mass tort actions including:Hypodermic Products Antitrust Litig.,05-cv-1602 (JLL/CCC) (D. N.J.); Mushroom Direct Purchaser Antitrust Litigation,06-cv-620 (E.D. PA); and Refrigerant Antitrust Litigation,2:09-md-02042-SFC (ED Ml). It has served in cases such as Automotive Refinishing Paint Antitrust Litigation,MDL Docket No. 1426 (ED. Pa.);Baycol Products Liability Litigation,MDL 1431 (D. Minn.); Buspirone Antitrust Litigation,MDL No. 1410 (S.D. NY); Dynamic Random Access Memory (DRAM) Antitrust Litigation,No. M-02-1486 PJH (N.D. Ca.); Electrical Carbon Products Antitrust Litigation,MDL No. 1514; Lupron Drug Cases, Judicial Council Coordination Proceeding No. 4238 (Master File No, 40259 1)(Superior Ct. Ca.); Meridia Products Liability Litigation,MDL No. 1481, Case No. 5:2002-cv-08000(JSG/PH)(N.D. Ohio, Eastern Div.);Microsoft Corp. Antitrust Litigation,MDL No, 1332 (D. MD); Mirapex End- Payor Antitrust Litigation,2: 09-cv- 01 044-GLL;Northwest Airlines Corp., et al. Antitrust Litigation, Master File No. 96-74711 (E.D. Mich.); andPremarin Litigation, No. 01-cv-447 (S.D. Ohio).
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During the course of twenty years, the firm has been involved in litigation across the United States resulting in numerous successful recoveries on behalf of class members in the following actions:Aames Financial Corp. Sec. Litig.,97-6714-CAS(ANx) (CD. Ca.), $4625 million.AMD Derivative Litig.,No. 93-20732-RPA (ND. Ca,, San Jose Division), $2.25 million.America Online, Inc., 97-264-A (ED, Va, Alexandria Division, $35 million.American Adjustable Rate Term Trust Sec, Lilig., 4-95-666 and 4-95-667 (D. Minn., Fourth Division), $14.2 million.Amgen. Inc., 98-6483-WMB(RZx)(C.D, Ca, W.D.), $1 million.Amplidyne, Inc.,99-4468(MLC), (ND. Tx, Dallas Division), $750,00 cash and 324,486 common shares.Asant€ Sec. Lilig., C-94-20499(A)-RMW(EAI) (ND. Ca,, San Jose Division), $2.6 million.Bachman v. A, G. Edwards, Inc., etal., 22052-01266-02 (Circuit Court of the City of St. Louis Twenty-Second Judicial District State of Missouri), $34 million in credits toward brokerage account fees and $24 million in cash. Bergen Brunswig Corp. Sec. Litig.,SACV-99-1305-AHS(ANx)(C.D. Ca, S.D.), $27,972,500. Biocraji Laboratories, Inc.,93-5 147(JCL)(D. NJ), $4.5 million.Biovail Corporation Securities Litigation, 1:03-cv-08917-GEL S.D. NY), $138 million in cash and certain corporate governance changes.Boeing Sec. Litig.,No.C97-1715Z(W.D. Wa. at Seattle), $92.5 million.Buffets. Inc. Sec, Litig., No. 3-94-1447 (D. Minn.), $7 million.Broadcom Corp. Sec. Litig.,Master File No, SACV 01-275 GLT(MLGx)(C.D. Ca), $150 million. Cardinal Health, Inc. ERISA Litigation,C2-04-643 (S.D. Ohio), 40 million. Cendant Corp. Lilig.,Master File No. 98-1664 (WHW)(D. NJ), $3,1865 billion. Compumed, Inc.,CV-95-7051 MRP(VAPx) (CD. Ca), $1 million. California Micro Devices Corp.,C-94-2817-VRW (ND. Ca.), $10,025 million cash plus 608,696 in stock.Cascade International, Inc.,91-8652-CIV-NESBIT (S.D. Fla.), $9.125 million.Centennial Technologies, 1:97-10304 and 1:97-10348(REK) (D. Mass), $1.475 million, $22,832,512 inCheyenne stock. Software Sec. Litig,,94 Civ. 2771 (NC) (VVP) (USDC ED NY), $10.5 million. Childrens' Place Sec. Litig.,97-5021(JCL),(D.C. N.J.), $1.45 million.Coastal Healthcare Group, Inc.,95-cv-00306 (M.D. NC), $8.15 million. Cohr, Inc., 98-3028-JSL(BQRx)(C.D. Ca, W.D.), $12 million. Columbia/HCA Securities Litigation,No. 3-97-0370 (M.D. Tennessee), $51.25 million. Compression Labs,Master File No. C-95-2222-FMS (N.D. Ca, San Jose Division), $4.7 million. Compumed,95-6110 (D. NJ), $1.6 million.Coram Healthcare Corp. Sec. Litig.,95-N-2074, (D. Colorado), $22.5 cash and stock.Crop Growers Corporation Sec. Litig.,CV-95-58-OF-PGH (D. Montana, Great Falls Division), $2.5 million.Daka International, inc.,96-12109 (D. Mass), $3.5 million. Data Race, Inc.,SA-95-CA-1180 (W.D. Texas), $800,000 and 10,000 shares of stock. Dataware Technologies Inc. Sec. Litig.,94-12250-DPW (D. Mass.), $1.7 million and 250,000 shares of common stock.Dean Witter Reynolds, Inc.,737787 (Superior Court Ca, Orange County), $4.5 million. Deutsche TelekomAGSec. Litig.,No. 00-CV-9475 (NRB)(S.D.NY), $120 million.Diana Corp. Sec, Litig.,CV-97-3 I 86-R(AJWx) (C.D. Ca, W.D.), $8 million.Domestic Air Transportation Antitrust Lilig., 1:90-CV-2485-MI.-IS & MDL No. 861 (N.D. Ga, Atlantic Division), $458 million in cash and coupons. Dynamic Random Access Memory (DRAM) Antitrust Litigation,No. M-02-1486 PJH (N.D. Ca.), $325,997,000.DSP Group, Inc. Sec, Litig.,C-95-4025-CAL (ND. Ca.), $2.9 million.eConneci, Inc. Sec. Lilig., CV00-2674 MMM(JWJx) (C.D. Ca.), $350,000 and 5 million warrants.Enron Corp. Sec, Litig.,MDL No. 1446 (S.D. Tx 2008) ($7.6 billion).Federal Express Sec. Litig.,90-2359-4B (W.D. Tenn, Western Division), $3.3 million.FPA Medical Management, Inc. Sec. Litig.,98cv0928-L(AJB)(S.D. Ca.), $4.4 million.General Electric Company ERISA Litigation,No. 06-cv-3 1 5(GLS/RDH) (S.D.N.Y.), $100 million.Golden Bear,Inc.,Case No. 98-8520 (S.D. Fla.) $3.5 million.Health Care Services Group Inc. Sec, Litig.,91-6097 (E.D. Pa), $2,625 million. Hi/En, Inc. Sec, Litig., C-99-453 1-SI (ND. Ca.), $6.8 million and 270,000 shared Case: 1:07-cv-00828-SAS-SKB Doc #: 219-6 Filed: 02/28/13 Page: 9 of 10 PAGEID #: 8286
common stock,Hollywood Park Sec. Litig.,Master File No, CV-94-6551 -ABC (GHKx)(C.D. Ca) and derivative action No. 692583 (Superior Court of California, County of San Diego), $5.8 million for class and derivative actions.Home Shopping Network Sec, Lilig.,No. 93-602-Civ-T-25(B) (M.D. Fla), $9.6 million. Horizon/CMSHealthcare Corp.,Case No. 96-0442-BB/LCS(D. NM), $20 million minimum. Hospital Staffing Services,No. C-92-41 01 -CW (ND. Ca), 1.2 million shares of common stock. IC. Isaacs & Company, Inc.,99-cv-3418 (BEL)(D. Md.), $625,000. 1DB Communications Group, Inc. Sec, Litig.,Case No, 94-3618 RG(JGx) (C.D. Ca), $73 million in the class action and $2 million in the derivative.Informix Corp Securities Litigation,C-97- 1 289-CRB (N.D. Ca,), 49.025 million cash, $87.475 million stock.intelCom Group Sec, Litig.,95-N-2074 (D. Colorado), $2.5 million.Intelligent Electronics Sec. Litig.,Master File No. 92-CV- 1905 (E.D. Pa), $10 million. Initial Public Offering Sec. Litig.,S.D. NY Master File 21 MC 92 (SAS)(S.D.N.Y.), $586 million. JD. Edwards & Co.,99-N- 1848 (D. Co.),$15 million. €JWP Inc. Sec. Litig.,92 Civ. 5815 (WCC) (S.D. NY), $36 million,Kidder Peabody Sec. Litig.,94 Civ, 3954(BSJ)(MHD)( S.D. NY), $19 million. Lear ERISA Litig.,No.06-11735 (ED. Mich.), $5.25 million.Littlefield Adams & Co. Sec. Litig.,SA-93-CA-0561 (W,D. Texas, San Antonio Division), $2521 million and $1.4 million worth of common stock.Lopez v. Checkers Drive-In Restaurants, et94-282-CIV-T- al., 1 7C (M.D. Florida, Tampa Division),$8.175 million and $5.1 million worth of warrants to purchase Checkers common stock.Manugistics Group, Inc. Sec, Litig.,98-CV- 1881 (FNS)(D. Md., S.D.), $2 million. Medaphis Corp.,96-CV-2088 (ND. Ga.), $72 million in cash, shares and warrants. Megafoods Stores, Inc.,CIV-94- 1 702-PHX-PGR (D. Arizona), $12.25 million.Microstrategy Sec. Litig., 00-472-A (ED. Va., Alexandria Division) $137.5 million plus $55 million from accountant PricewaterhouseCoopers LLP.Midlantic Corporation Sec. Litig.,Master File No. 90-1275 (DRD) (D. N.J.), $6.1 million. Molten Metal Sec. Litig.,97-10325-MLW (D. Mass.), $11,835 million. Morrison Knudsen Corporation Sec, Litig., CV94-0334-S-EJL, (D. Idaho), $54 million in cash and stock. NASDAQ Market Makers,Case No. 94-Civ-3996 (S.D. NY), $1.027 billion.Natchitoches Parish Hospital Services District v. Tyco International, LTD ci al.,05-12024-PBS (D. MA), $32.5 million. Nature's Bounty, Inc.,94-4818 (ED. NY), $8 million. NCD Sec. Litig., (N.D. Ca) Master File No. C-96-1345-CAL, $12 million.Navigant Consulting, Inc. Sec, Litig.,C0761 7(N.D. Ill.), $23 million. Networth, Inc. Sec. Litig.,3-93-CV-0747-R (N.D. Tx,, Dallas Division), $1 million cash and common stock. Novacare Sec, Litig.,94-cv-5808 (E.D. Pa), $1.5 million.NTN Communications, Inc. Sec. Litig.,93-0952-H(LSP) (S.D. Ca), $2,236,250 cash and warrants.Olicom Sec. Litig.,3:94-CV-051 I -D (ND. Texas, Dallas Division), $7.5 million.Orion Pictures Corp. Sec. Litig., 91 CV 1903 (CBA) (E.D. NY), $8 million.P-Corn, Inc. Sec. Litig.,CV776853 (S.Ct. Ca., Cty San Diego), $16 million.Pilot Network Sec. Litig.,C-00-03862-PJH (N.D. Ca.), $6.5 million. Premier Laser Sec, Litig.,SAC V-98-388-AHS(EEx) (C.D. Ca.) $4.3 million and 2.5 million shares. Procyte Sec. Litig.,No, C94-1557 WD (W.D. Washington at Seattle),$7.75 million cash and warrants.ProNet, Inc. Sec. Litig.,3:96-CV- I 795-P, 3:96-C V-2 116-P (N.D. Texas, Dallas Division), $7.25 million cash, one million shares of common stock.ProSoft I-Net Solutions,Master No. 79327 (Ca Sup. Court) $2.2 million.Quarterdeck Office Systems Inc. Sec. Litig., 92-3970CV DWW (C.D. Ca), $3.9 million. Sam & Libby, Inc. Sec, Litig.,Master File No. 92-1564-WHO (N.D. Ca), $8.25 million. Sirrom Capital Corp. Sec. Litig.,3-98-0643 (M.D. Tenn., Nashville Division), $15 million. SoundAdvice, Inc., Sec. Litig.,Case No. 92-6457-Civ. (S.D. FL, Miami Division), $2.765 million in cash and warrants.Source Media Sec. Litig.,3-98-CV- 1 980-M (N.D. Tx., Dallas Division), $3.2 million. Spectrum Information Technologies Inc. Sec. Litig.,(ED. NY), $3,994 million and 13 million shares Massimo DaMilano stock. Steward Large Cap Enhanced Index Fund v. Affiliated
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Computer Services, Inc., et al.,CC-09-07402-C (Dallas County, Texas), $69 million.Symantec Corporation Class and Derivative Actions,C-92-20785-JW(EAI), $18.6 million.SysernSoft Corp., 98-10367-EFH (D. Mass.), $2.9 million cash and5.2 million common shares.Tambrands Inc. Sec. Litig,, 93 Civ. 2872 (CLB), (S.D. NY), $8,500,000.Tenet Healthcare Corp. Derivative Litig.,Lead Case No, 01098905 (Sup. Court of California, County of Santa Barbara, Anacapa$51.5 Div.), million. Tyco International LTD Sec. Litig.,MDL Docket No. 02-1 335-PB (D. New Harnshire), $3.2 billion. United States Surgical Corporation Sec. Litig.,3:92 CV 374 (AFfN) (D.C. Conn),$3.5 million cash and 315,000 shares of common stock.Video Lottery Technologies, Inc. Sec. Litig,, Master File No. CV-92-68-BU-PGH (D. Mo), $18.5 million.York Sec. Litig., CV91-5040 (LJF) (S.D. NY), $500,000 cash and 600,000 warranties with a surrender price of$ 11.50/share.The Topps Company, Inc., et al.,CV-93-0347(JG) (ED. NY), $2.45 million. Taco Cabana, Inc., et al., SA-95-CA-0847 (W.D. Texas, San Antonio Division), $6 million cash and stock. Tele-Communications, Inc.,Case No. 97-CV-421 (Co), $26.5 million.Twinlab Corp. Sec. Litig., 98-CV-7425 (E.D. NY), $26,485,893.70.Unify Corp. Sec. Litig., C-00-2728-S1 (ND. Ca.), $3.4 million. Unistar Financial Services Corp. Sec. Lit 3:99-CV-1ig., 857-M (ND. Tx., Dallas Division), $1.7 million plus 10% of any merger or asset sale proceeds within 24 months of settlement.
In cases in which our firm has been involved, the court has recognized the contributions of our counsel.
In Di Cicco, et al. v. American Eagle Outfitters, Inc., et al.,95-CV-1937 (W.D. Pa), Magistrate Judge Kenneth J. Benson wrote:
"The court has never seen a more thorough trackingof the requirements for a good class action settlement than that pursued by counsel in this case... The court has been impressed with the competence and candor of counsel..."
District Judge Thomas J, Platt Nature'sin Bounty, Inc., Sec, Litig.,94-CV-4818 (ED. NY), wrote:
"Plaintiffs here are represented by several well-known securities litigation firms and by practitioners who, collectively, have many years of experience litigating securities class actions. There can be no question but that plaintiffs' counsel are adequately skilled and experienced to conduct the proposed litigation."
Court of Common Pleas Judge Christine A. WardPortec in Rail Products, Inc. Shareholders Litigation, GD. 10-003547 (Pa C.P. Court, Allegheny County) stated after a two day preliminary injunction hearing, "[H]earing a case that presented by counselof this caliber, it's a real treat, it's a delight..."