Case 3:15-cv-02159-VC Document 186 Filed 01/19/18 Page 1 of 42

1 Derek W. Loeser, admitted pro hac vice Gretchen Freeman Cappio, admitted pro hac vice 2 KELLER ROHRBACK L.L.P. 3 1201 Third Avenue, Suite 3200 Seattle, WA 98101-3052 4 (206) 623-1900; Fax: (206) 623-3384 [email protected] 5 [email protected]

6 Jeffrey Lewis (Bar No. 66587) 7 KELLER ROHRBACK L.L.P. 300 Lakeside Drive, Suite 1000 8 Oakland, CA 94612 (510) 463-3900; Fax: (510) 463-3901 9 [email protected] 10 Attorneys for Plaintiffs 11 UNITED STATES DISTRICT COURT 12 NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION 13 SHAHRIAR JABBARI and KAYLEE 14 HEFFELFINGER, on behalf of themselves and all No. 15-cv-02159-VC 15 others similarly situated, 16 Plaintiffs, DECLARATION OF DEREK W. LOESER IN SUPPORT OF PLAINTIFFS’ MOTION 17 v. FOR FINAL APPROVAL OF CLASS ACTION SETTLEMENT, 18 WELLS FARGO & COMPANY and WELLS CERTIFICATION OF A SETTLEMENT FARGO BANK, N.A., CLASS, SERVICE AWARDS, AND 19 FEE/COST AWARD Defendants. 20 Date: March 22, 2018 21 Time: 10:00 a.m. Courtroom: 4, 17th Floor 22 Judge: Hon. Vince Chhabria 23 24 25 26 27 28 No. 15-cv-02159-VC DECLARATION OF DEREK W. LOESER IN SUPPORT OF FINAL APPROVAL, SERVICE AWARDS, AND FEES AND COSTS Case 3:15-cv-02159-VC Document 186 Filed 01/19/18 Page 2 of 42

1 I, Derek W. Loeser, declare as follows:

2 1. I am a partner at the law firm of Keller Rohrback L.L.P. (“Keller Rohrback” or “KR”). A 3 copy of the Keller Rohrback Complex Litigation Group Resume is attached hereto as Exhibit A. 4 2. Keller Rohrback represents Plaintiffs Shahriar Jabbari, Kaylee Heffelfinger, Antonette 5 Brooks, and Jose Rodriguez, and is Class Counsel in the class action filed against Wells Fargo & 6 7 Company and Wells Fargo Bank, N.A. (“Wells Fargo”) in this District regarding Wells Fargo’s practice 8 of opening accounts without authorization from its customers. I submit this declaration in support of

9 Plaintiffs’ Motion for Final Approval of Class Action Settlement, Certification of Settlement Class, 10 Service Awards and a Fee/Cost Award for Class Counsel.1 I have personal knowledge of the information 11 contained herein, and, if called as a witness, I could and would testify competently thereto. 12 A. Keller Rohrback’s Complex Litigation Experience 13 3. As a national leader in consumer and class action litigation, Keller Rohrback is 14 15 experienced in handling complex class actions of this scale. Keller Rohrback serves or has served as 16 lead and co-lead counsel and in other leadership capacities in many prominent class action cases

17 throughout the country. See generally Exhibit A (KR resume).

18 B. Keller Rohrback’s Early Investigation and Litigation of the Wells Fargo Unauthorized 19 Account Scandal 20 4. Keller Rohrback began investigating Wells Fargo’s Unauthorized Account scheme in

21 May 2015. The investigation was precipitated by an article in the Los Angeles Times describing Wells

22 Fargo’s high-pressure sales environment and resulting abuses, and a lawsuit by the Los Angeles City 23 Attorney against Wells Fargo on behalf of California victims. 24 25 26 1 The capitalized terms in this Motion have the meanings ascribed to them in the Amended Stipulation 27 and Agreement of Class Action Settlement and Release (“Settlement,” “Settlement Agreement,” or 28 “SA”), unless otherwise indicated. No. 15-cv-02159-VC 1 DECLARATION OF DEREK W. LOESER IN SUPPORT OF FINAL APPROVAL, SERVICE AWARDS, AND FEES AND COSTS Case 3:15-cv-02159-VC Document 186 Filed 01/19/18 Page 3 of 42

1 5. In connection with our investigation and subsequent litigation, attorneys and paralegals at

2 Keller Rohrback communicated with approximately 1,300 current and former Wells Fargo customers 3 about their experiences with Unauthorized Accounts. The firm interviewed more than twenty-two 4 current and former Wells Fargo employees with firsthand experience with Wells Fargo’s practices 5 related to Unauthorized Accounts, obtaining probative internal Wells Fargo documents as a result. 6 7 Keller Rohrback also scoured public reports and dockets for information and materials related to Wells 8 Fargo’s cross-selling and incentive practices that contributed to the Unauthorized Account scandal.

9 6. Since filing the initial complaint, Keller Rohrback attorneys and paralegals have 10 reviewed extensive additional information concerning the Unauthorized Account scandal, including 11 Congressional testimony, dockets, pleadings and public information relating to the City of Los Angeles 12 lawsuit, information made available by the Consumer Finance Protection Bureau (“CFPB”) and the 13 Office of the Comptroller of the Currency (“OCC”) regarding their own investigations of Wells Fargo 14 15 and resulting settlements, news reports, filings in related employee cases against Wells Fargo, and Wells

16 Fargo’s own websites, documents, and disclosures.

17 7. Pursuant to Federal Rule of Evidence 408 and the California mediation privilege, in 18 addition to the informal discovery described above, Wells Fargo, through multiple mediations and as 19 part of the Settlement Agreement, provided confidential information and confirmatory discovery to 20 Keller Rohrback concerning the nature and extent of the Unauthorized Account scandal and resulting 21 22 losses and damages that we then carefully evaluated and reviewed. 23 C. Litigation History 24 8. Based on our investigation, Keller Rohrback filed the first class action complaint against

25 Wells Fargo for Unauthorized Accounts on May 13, 2015 on behalf of Plaintiff Jabbari. (ECF 1). On 26 July 30, 2015, Plaintiff Kaylee Heffelfinger joined her similar claims with Shahriar Jabbari in a 27 Consolidated Amended Complaint (the “Complaint”) that Keller Rohrback prepared. (ECF 37). 28 No. 15-cv-02159-VC 2 DECLARATION OF DEREK W. LOESER IN SUPPORT OF FINAL APPROVAL, SERVICE AWARDS, AND FEES AND COSTS Case 3:15-cv-02159-VC Document 186 Filed 01/19/18 Page 4 of 42

1 9. Often, multiple class actions are filed relating to the same underlying scandal or events,

2 but Keller Rohrback was the only firm to file class actions against Wells Fargo regarding Unauthorized 3 Accounts in 2015. It was not until over 15 months later—after Keller Rohrback announced a settlement 4 in principle and after the Los Angeles City Attorney, CFPB, and OCC announced settlements—that any 5 other cases were filed. 6 7 10. Defendants filed their Motion to Compel Arbitration on July 9, 2015 (ECF 25) and again 8 on August 13, 2015 (ECF 49) per court order. Plaintiffs filed their Opposition to Defendants’ Motion to

9 Compel Arbitration on August 20, 2015 (ECF 54), and Defendants filed a Reply on September 2, 2015 10 (ECF 60). The Court heard oral argument on the motion on September 10, 2015 and entered an order 11 granting Defendants’ Motion to Compel Arbitration on September 23, 2015 (ECF 69). Meanwhile, 12 Defendants had filed a Motion to Dismiss (ECF 61). 13 11. After the Court granted Wells Fargo’s motion to compel arbitration and dismissed the 14 15 action, Plaintiffs Jabbari and Heffelfinger filed their Notice of Appeal on October 20, 2015 (ECF 70),

16 and Keller Rohrback began preparing the appeal on their behalf.

17 12. Nearly a year later, starting in September 2016, other plaintiffs on whose behalf Wells 18 Fargo purportedly opened Unauthorized Accounts began filing other class actions. 19 13. On December 28, 2016, counsel in one of the new cases filed a motion to centralize the 20 Unauthorized Account litigation before the Judicial Panel of Multidistrict Litigation (“JPML”). Counsel 21 22 in these the new cases sought to consolidate the related cases and transfer them to, among other 23 jurisdictions, the District of Utah, the Central District of California, the Middle District of Florida, the

24 District of New Jersey, and this District.

25 14. On January 19, 2017, Plaintiffs in this action opposed the motion to transfer and 26 consolidate. (JPML ECF 23). On March 30, 2017, I attended the JPML hearing in Phoenix, Arizona, and 27 28 No. 15-cv-02159-VC 3 DECLARATION OF DEREK W. LOESER IN SUPPORT OF FINAL APPROVAL, SERVICE AWARDS, AND FEES AND COSTS Case 3:15-cv-02159-VC Document 186 Filed 01/19/18 Page 5 of 42

1 argued against consolidation and transfer so that this Court could evaluate the Settlement and conduct

2 Rule 23 approval proceedings. 3 15. On April 5, 2017, the JPML denied the motion to transfer and consolidate. 4 16. Roughly two weeks later, on April 20, 2017, Keller Rohrback filed Plaintiffs’ Motion for 5 Preliminary Approval. (ECF 101). 6 7 17. The filing of preliminary approval papers prompted several proposed intervenors to 8 respond. The Court granted their request to advance the hearing on the motions on a tight briefing

9 schedule. 10 18. Plaintiffs also filed their Reply on Motion for Preliminary Approval on May 11, 2017. 11 (ECF 133). 12 19. Plaintiffs’ and Wells Fargo’s briefing prompted an Order asking for further briefing on 13 eleven questions on May 16, 2017 (ECF 141) to be filed by no later than the following day by the 14 15 Plaintiffs and Defendants.

16 20. The next day, Keller Rohrback filed a response to the Court’s questions. (ECF 145).

17 21. That same day, the Court issued an Order stating that it wished to address fourteen 18 additional issues at the preliminary approval hearing the following day. (ECF 144). 19 22. Six days after the preliminary approval hearing, the Court issued an Order Re Motion for 20 Preliminary Approval, stating that it was inclined to approve the proposed Settlement Agreement 21 22 provided that certain issues were addressed. (ECF 155). 23 23. The parties negotiated an Amended Settlement Agreement and submitted it to the Court,

24 along with briefing summarizing the changes and asking for preliminary approval. (ECF 160, 162). The

25 Amended Settlement Agreement contained, among other things, a provision guaranteeing that 26 Settlement Class Members who submitted valid claims would receive all their Compensatory Damages 27 and that a minimum amount of Non-Compensatory Damages would also be allocated to the Class. The 28 No. 15-cv-02159-VC 4 DECLARATION OF DEREK W. LOESER IN SUPPORT OF FINAL APPROVAL, SERVICE AWARDS, AND FEES AND COSTS Case 3:15-cv-02159-VC Document 186 Filed 01/19/18 Page 6 of 42

1 Court granted preliminary approval in July 2017 and denied the pending motions to intervene. (ECF

2 165). 3 24. On October 7, 2017, the parties, through an Administrative Motion, asked the Court to 4 hold the final approval hearing after the deadline to submit claims had passed, so that there would be no 5 need to speculate how many Class members had submitted claims. (ECF 172). They also told the Court 6 7 that if the number of Unauthorized Accounts identified in the claims process exceeded 3.5 million, they 8 planned to increase the minimum amount of Non-Compensatory Damages proportionally.

9 25. On October 20, 2017, the Court granted the parties’ Administrative Motion. (ECF 176). 10 D. The Settlement Negotiations Were Hard-Fought, Extensive, and Iterative 11 26. In my more than twenty-three years of practice, the settlement negotiation process in this 12 case stands out for its difficulty, complexity, and duration. Wells Fargo’s underlying conduct was 13 egregious, and inflicted not only unauthorized fees on Settlement Class Members, but also credit 14 2 15 damage, which is notoriously difficult to calculate. Wells Fargo agreed to participate in settlement 16 conversations while we were preparing our appeal, yet it fought vigorously against providing the full

17 scope of relief we ultimately obtained.

18 27. Along with my Keller Rohrback colleagues, I participated in four in-person mediation 19 sessions, followed by dozens of telephone conferences with mediators Hon. Layn Phillips and Michelle 20 Yoshida. Often, tangible progress in negotiations was followed by days and sometimes weeks of 21 hammering out nuts-and-bolts logistics with defense counsel, experts, Settlement Administrators, and 22 23 my team at Keller Rohrback. While the parties reached a settlement in principle in the fall of 2016, the 24 25 26 2 See, e.g., Jim Zarroli, Wells Fargo’s Unauthorized Accounts Likely Hurt Customers’ Credit Scores, 27 NPR (Sept. 26, 2016, 4:53pm), https://www.npr.org/2016/09/26/495501008/wells-fargos- unauthorized-accounts-likely-hurt-customers-credit-scores (“figuring out how to” compensate 28 customers for credit damage “will be a tall task”). No. 15-cv-02159-VC 5 DECLARATION OF DEREK W. LOESER IN SUPPORT OF FINAL APPROVAL, SERVICE AWARDS, AND FEES AND COSTS Case 3:15-cv-02159-VC Document 186 Filed 01/19/18 Page 7 of 42

1 initial agreement proved to be the only the beginning of months of vigorous dispute and disagreement

2 over the scope, nature, and extent of the Settlement. 3 28. The parties struggled to come to terms. At every stage, even after preliminary approval 4 initially was sought, Keller Rohrback fought to make sure the Settlement Class (or “Class”) got the best 5 possible deal in a factual landscape that changed repeatedly as public disclosures and confirmatory 6 7 discovery proceeded. The resulting settlement is a customized, one-of-a-kind deal that top experts in 8 their fields helped shape to address the full range of harms experienced by Class members. This includes

9 compensation for Credit Impact Damages—which to our knowledge have never before been remedied in 10 a comprehensive way—customized to each eligible Class member’s experience. 11 1. Early Negotiations at the Ninth Circuit 12 29. From December 2015 through July 2016, the parties worked with Ninth Circuit Mediator 13 Ann Julius. Despite extensive mediation statements, exchange of information, telephone conferences, 14 15 and an in-person mediation, the parties were unable to reach agreement. 16 2. Judge Layn Phillips and Michelle Yoshida Assist the Parties in Reaching an Initial Agreement in Principle 17 30. Given the time-consuming and complex nature of the negotiations, the parties engaged 18 retired U.S. District Court Judge Layn Phillips in July 2016 to assist with further settlement discussions. 19 20 31. Under Judge Phillips’s guidance, the parties exchanged additional, detailed mediation

21 statements. An in-person mediation session took place on August 24, 2016, accompanied by numerous

22 telephone conferences with Judge Phillips and co-mediator Michelle Yoshida. The parties made 23 progress on the general contours of a settlement, but failed to reach agreement. 24 32. Eventually, Judge Phillips made a mediator recommendation that formed the basis of a 25 settlement in principle dated September 6, 2016. 26 27 33. On September 8, 2016, the CFPB, OCC, and the Los Angeles City Attorney announced 28 settlements with Wells Fargo that resolved claims similar to those asserted in the Complaint No. 15-cv-02159-VC 6 DECLARATION OF DEREK W. LOESER IN SUPPORT OF FINAL APPROVAL, SERVICE AWARDS, AND FEES AND COSTS Case 3:15-cv-02159-VC Document 186 Filed 01/19/18 Page 8 of 42

1 (“Government Settlements”). In the wake of the Government Settlements, Wells Fargo executives made

2 several statements, some of which were during sworn congressional testimony, that raised significant 3 concerns about the scope of Defendants’ conduct. 4 34. Believing that a broader, more extensive settlement would serve the Class’s best interest, 5 we pushed back against Wells Fargo and again engaged in further settlement discussions and 6 7 negotiations, both directly and with Judge Phillips and Ms. Yoshida. 8 35. The ensuing negotiations were intense. Over the next several months, the parties

9 exchanged still more information about the scope and extent of the Unauthorized Accounts and the fees 10 charged to customers—and about additional relief that we believed was necessary for the Class to be 11 fairly treated. 12 36. We attended a second in-person mediation session with Judge Phillips and Ms. Yoshida 13 on November 3, 2016 which, again, did not result in a final settlement. Numerous telephone conferences 14 15 ensured, with Judge Phillips and Ms. Yoshida, but also directly with Wells Fargo’s counsel. The

16 negotiations were difficult, and it was often unclear whether a final agreement would be possible.

17 37. As the Court no doubt recalls, the parties were regretfully not able to meet filing 18 deadlines for the preliminary approval motion on several occasions because they were deadlocked. On 19 December 8, 2016, the parties filed a Stipulation Extending Deadline for Filing Motion for Preliminary 20 Approval and Case Management Conference (ECF 83). The Court granted that extension and set the 21 22 deadline as December 30, 2016 (ECF 84). Then, on December 28, 2016, the parties again filed a 23 Stipulation Extending Deadline for Filing Motion for Preliminary Approval and Case Management

24 Conference. Again, the Court granted the extension and set the deadline as January 30, 2017 (ECF 88).

25 38. The Court then held a case management conference on January 10, 2017 (ECF 90) setting 26 further case management conferences due to the pending Motion to Transfer that had been filed with the 27 JPML. 28 No. 15-cv-02159-VC 7 DECLARATION OF DEREK W. LOESER IN SUPPORT OF FINAL APPROVAL, SERVICE AWARDS, AND FEES AND COSTS Case 3:15-cv-02159-VC Document 186 Filed 01/19/18 Page 9 of 42

1 39. The Court held another conference on February 14, 2017, where the parties informed the

2 Court that they were still working towards a settlement. (ECF 94). 3 40. The parties continued working and eventually negotiated key terms of the Settlement in a 4 detailed term sheet, but again reached an impasse on the final amount of the settlement. On March 23, 5 2017, Judge Phillips made a mediator recommendation of $110 million, which both sides accepted. The 6 7 proposed Class Period spanned January 1, 2009 to the date that the parties would seek preliminary 8 approval of the Settlement Agreement. (ECF 96).

9 41. In late March 2017, the parties began the painstaking effort of negotiating the full 10 Settlement Agreement. This process, too, proved hard-fought. The parties disputed virtually every aspect 11 of the notice and claims process, as well as the best way to identify and compensate Class members. 12 Even today, given the many intricacies of the settlement terms, we continue to negotiate on a near-daily 13 basis regarding settlement implementation. 14 15 3. Emerging Information Requires Re-Working of the Settlement Terms 16 42. In early April of 2017, as we continued to make progress on the detailed terms of the

17 Settlement Agreement, new disclosures and information caused yet another rift. See, e.g., Independent

18 Directors of the Board of Wells Fargo & Company, Sales Practices Investigation Report (Apr. 10, 19 2017), https://www08.wellsfargomedia.com/assets/pdf/about/investor- 20 relations/presentations/2017/board-report.pdf (indicating that Wells Fargo was aware of Unauthorized 21 Account practices in 2002). In light of this information, we demanded additional confirmatory 22 23 discovery, and pressed Wells Fargo to return to the bargaining table. 24 43. Once again, the parties required the assistance of mediators. Following extensive

25 additional negotiations, telephone conferences, and analysis, Wells Fargo agreed to extend the Class 26 Period back to May 2002 and to increase the Settlement Fund by $32 million, to $142 million. 27 28 No. 15-cv-02159-VC 8 DECLARATION OF DEREK W. LOESER IN SUPPORT OF FINAL APPROVAL, SERVICE AWARDS, AND FEES AND COSTS Case 3:15-cv-02159-VC Document 186 Filed 01/19/18 Page 10 of 42

1 44. Finally, on April 20, 2017, the parties submitted the proposed Settlement to the Court and

2 sought its preliminary approval. 3 4. Following the Preliminary Approval Hearing, the Parties Continued Improving the 4 Settlement

5 45. The negotiations did not stop after the motion for preliminary for approval. Shortly after

6 the preliminary approval hearing, the Court asked the parties to work out additional settlement terms 7 following the preliminary approval hearing. (ECF 155). The Court stated its inclination to grant the 8 motion for preliminary approval, assuming the parties resubmit a settlement agreement, proposed notice, 9 and claim form consistent with a number of revisions concerning the release, Credit Impact Damages 10 11 (“CID”), notice, and settlement administration. 12 46. Further spirited negotiations ensued to effectuate every one of the Court’s suggested

13 changes. Specifically, the parties made the following modifications to the Settlement Agreement:

14 extending the claims period (section VII); expanding the scope of CID (Exs. A, A-1, and B-4 of SA); 15 providing a CID report to the Court (SA ¶ 9.7.1.7); providing a credit-repair mechanism (SA ¶¶ 9.10, 16 9.11, 11.2.7); enabling the Court to appoint a settlement advisor (SA ¶ 9.7.1.6); not staying other cases 17 (SA ¶ 2.46); amending the release language (SA ¶ 2.49); guaranteeing full compensation (SA ¶ 9.9); 18 19 allowing online objections/opt-outs (SA ¶¶ 12.1, 12.6, Ex. 6 & 7 to Ex. B); allowing Class members to 20 opt out and object through substantial compliance (SA ¶¶ 12.1, 12.6); instituting a more thorough notice

21 procedure (SA ¶¶ 2.57, 8.4, Ex. B-8). 22 47. Plaintiffs filed the Amended Stipulation and Agreement of Class Action Settlement and 23 Release on June 14, 2017. 24 48. Following the parties’ submission of the revised Settlement Agreement, the Court 25 preliminarily approved the Settlement on July 8, 2017. (ECF 165). 26 27 28 No. 15-cv-02159-VC 9 DECLARATION OF DEREK W. LOESER IN SUPPORT OF FINAL APPROVAL, SERVICE AWARDS, AND FEES AND COSTS Case 3:15-cv-02159-VC Document 186 Filed 01/19/18 Page 11 of 42

1 5. Negotiations Continued After Preliminary Approval as Additional Facts Emerged

2 49. In most settlements, there is a relatively quiet notice period following preliminary 3 approval while the parties await final approval briefing. Not in this case. 4 50. The parties grappled with two main challenges following preliminary approval. First, 5 through confirmatory discovery and public statements, the parties faced the revelation that additional 6 persons might be eligible for settlement participation. See, e.g., News Release, Wells Fargo & Company, 7 8 Wells Fargo Reports Completion of Expanded Third-Party Review of Retail Banking Accounts, Paving

9 Way to Complete Remediation Effort, https://newsroom.wf.com/press-release/wells-fargo-reports-

10 completion-expanded-third-party-review-retail-banking-accounts (August 31, 2017). Second, the parties 11 began to put the pieces in place to implement the first-of-its-kind Credit Impact Damages analysis, 12 which, given its novelty, has been detail-intensive and vigorously debated. 13 6. The Potential for Additional Affected Accounts Required Post-Preliminary 14 Approval Accommodation 15 51. As to the first issue, the parties were forced once again to call on the expertise of the 16 mediators Judge Phillips and Michelle Yoshida for numerous telephonic sessions and an in-person 17 mediation on September 20, 2017. Eventually, the parties reached an agreement to request a telephonic 18 hearing to present proposed minor changes to the Settlement Agreement, including the dates 19 20 accompanying the final approval process.

21 52. The Court permitted a hearing on October 5, 2017, and the parties updated the Court on

22 the latest developments, including the fact that Wells Fargo’s independent consultant’s analysis had 23 uncovered that the number of potentially affected accounts was higher than the number of potentially 24 Unauthorized Accounts on which the settlement terms were based when Plaintiffs estimated Class size. 25 The parties suggested shifting the dates of the final approval papers and hearing to follow the claims 26 27 period, so that the number of claims could be fully evaluated at final approval. The Court agreed with 28 this proposal. The Notices and online information were edited accordingly. In addition, the parties No. 15-cv-02159-VC 10 DECLARATION OF DEREK W. LOESER IN SUPPORT OF FINAL APPROVAL, SERVICE AWARDS, AND FEES AND COSTS Case 3:15-cv-02159-VC Document 186 Filed 01/19/18 Page 12 of 42

1 informed the Court at the telephonic hearing that the parties had reached an agreement that if the number

2 of Unauthorized Accounts validated through the claims process exceeded 3.5 million, Wells Fargo 3 would proportionately increase the $25 million reserve set forth in paragraph 9.9 of the Settlement 4 Agreement (“Compensatory Damages Gross-Up”), so that the ratio of reserve to Unauthorized Accounts 5 would be no less than what was implied by Plaintiffs’ estimate at the time of Preliminary Approval. The 6 7 parties filed a Stipulation and Administrative Motion Re Settlement Reserve and Schedule and a 8 Proposed Order on October 7, 2017. (ECF 172). The Court entered the proposed order on October 20,

9 2017. 10 53. In the period between preliminary and final approval, the parties have also worked out 11 the details of implementing the Credit Impact Damages analysis. Section E below provides those details. 12 This has been an enormous undertaking involving not just Wells Fargo, but also the major Consumer 13 Reporting Agencies, among others, whose participation is essential for the analysis. We have worked 14 15 hand-in-hand with our experts and the Consumer Reporting Agencies to ensure that the settlement terms

16 regarding Credit Impact Damages are implemented as effectively as possible for the benefit of eligible

17 Class members. 18 E. The Settlement Implements First-of-Its-Kind Methodology for Assessing Credit Impact 19 Damages 20 1. The Negotiation and Development of the Credit Impact Damages Methodology Provided a Unique Challenge 21 54. The Credit Impact Damages methodology—sometimes referred to here as the “credit 22 23 machine”—produces a simple answer to a complex question: What impact, stated in terms of dollars and 24 cents, did Unauthorized Account(s) have on any given Class member’s cost of credit, and over what

25 period was that impact detectable?

26 55. The development of a machine that can produce an individualized and yet semi- 27 automated response to that question for hundreds of thousands—and possibly millions—of Class 28 No. 15-cv-02159-VC 11 DECLARATION OF DEREK W. LOESER IN SUPPORT OF FINAL APPROVAL, SERVICE AWARDS, AND FEES AND COSTS Case 3:15-cv-02159-VC Document 186 Filed 01/19/18 Page 13 of 42

1 members required cooperative and persistent work by many entities, including Wells Fargo, Experian,

2 Transunion, Equifax, the Fair Isaac Co., the Fontana Group, and Class Counsel. In other contexts, these 3 entities often approach one another as competitors and operate primarily by exploiting proprietary 4 formulas, definitions, and procedures that they were asked to share with one another to permit the credit 5 machine to function. The adversarial positioning of these entities only added further complexity to 6 7 negotiations that, due to the difficulty of the task at hand, would necessarily require significant 8 compromises and technical innovations.

9 56. Despite these hurdles, over the course of nine months of near-constant negotiation, the 10 parties were able to develop a comprehensive set of processes that can reliably and meaningfully assess 11 and quantify the Class members’ claims for Credit Impact Damages. The following sections highlight 12 some of the most important achievements of the parties during their work on those processes and the 13 Credit Impact Damages methodology as whole. 14 15 2. Process Development 16 57. The work of the parties was grounded in and consistently guided by Exhibit A to the

17 Settlement Agreement, which was submitted at preliminary approval. Exhibit A provided a high-level,

18 step-by-step overview of the methodology used to assess Credit Impact Damages in this case, but was 19 insufficiently precise to serve as a day-to-day guiding document for the technical work that the 20 interested entities needed to do during the administration of the Settlement. As such, the parties, in 21 cooperation with the Consumer Reporting Agencies, went about translating each step of Exhibit A’s 22 23 methodology into usable business processes that are compatible with the Consumer Reporting Agencies’ 24 customary practices and procedures.

25 58. As an example of this translation from “step” to business “process,” consider the 26 following portion of Exhibit A, which described how Consumer Reporting Agencies will search for 27 tradelines that might be affected by Unauthorized Accounts: 28 No. 15-cv-02159-VC 12 DECLARATION OF DEREK W. LOESER IN SUPPORT OF FINAL APPROVAL, SERVICE AWARDS, AND FEES AND COSTS Case 3:15-cv-02159-VC Document 186 Filed 01/19/18 Page 14 of 42

1 iii. Step 3 – Identify impacted tradelines 2 1. The Consumer Reporting Agencies will identify the type and amount of each tradeline 3 opened by the Authorized Claimant in the shorter of the following time periods: a. 7 years following date of first delinquency; or 4 b. From the date of first delinquency until the date the tradeline was suppressed by the Consumer Reporting Agency. 5 6 See ECF 162-1, Ex. A at 6. This step was “translated” and expanded into the more detailed and

7 technically accurate “Process E,” which is reproduced below:

8 Process E – Identify Impacted Tradelines 9 1. This process only affects claims with disposition = 2 or 4 2. Calculate the start date: 10 a. start date = date of earliest delinquency 11 3. Select the archives to use and group claims by archive sets 12 a. If start date from 1-May-02 to 31-Dec-07, set to group 1 and use 31-Dec- 08 and 31-Dec-14 archives 13 b. If start date from 1-Jan-08 to 31-Dec-13, set to group 2 and use 31-Dec-14 14 and 30-Sep-17 archives c. If start date from 1-Jan-14 to 20-Apr-17, set to group 3 use 30-Sep-17 15 archive 16 4. Calculate the 84 month end date = start date + 84 months 5. Calculate last date of eligibility 17 a. If date of account suppression is null, last date = 84 month end date 18 b. If date of account suppression is not null, last date = earlier of (84 month end date or date of account suppression) 19 6. Pick up all trades opened between start date and last date using selected archives by 20 group. 21 a. If in group 1: i. Use 31-Dec-08 archive to find all trades opened from start date to 22 31-Dec-08 23 ii. Use 31-Dec-14 archive to find all trades opened from 1-Jan-09 to last date 24 b. If in group 2: 25 i. Use 31-Dec-14 archive to find all trades opened from start date to 31-Dec-14 26 ii. Use 30-Sep-17 archive to find all trades opened from 1-Jan-15 to 27 last date c. If in group 3: 28 No. 15-cv-02159-VC 13 DECLARATION OF DEREK W. LOESER IN SUPPORT OF FINAL APPROVAL, SERVICE AWARDS, AND FEES AND COSTS Case 3:15-cv-02159-VC Document 186 Filed 01/19/18 Page 15 of 42

1 i. Use 30-Sep-17 archive to find all trades opened from start 2 date to last date

3 These technical “processes” served as the basis for the drafting and negotiation of three contracts, or 4 “statements of work” (“SOWs”), entered into by Wells Fargo and each Consumer Reporting Agency, 5 detailing exactly which steps they would be contractually bound to take in service of the Settlement. 6 59. The final SOWs were the product of twice-weekly negotiations between the parties and 7 each Consumer Reporting Agency and will ensure that the terms of parties’ negotiations regarding 8 9 Credit Impact Damages are able to be objectively implemented, are sufficiently specific to withstand

10 technical security, and are legally enforceable.

11 3. Development of Data Protocols 12 60. To make the information included in claim forms submitted by Class members 13 comprehensible to the credit machine, the interested entities needed to agree to common data protocols 14 that would be used to convey each piece of information, as well as a protocol for receiving non- 15 conforming data. 16 17 61. The parties and the Consumer Reporting Agencies needed to reach similar agreements

18 regarding data types. This involved an additional layer of complexity, as the Credit Impact Damages

19 methodology involves an exchange of information between the Consumer Reporting Agencies regarding 20 what type of tradeline was potentially impacted by an unauthorized Wells Fargo account, and each 21 Consumer Reporting Agency uses different tradeline definitions for the purposes of their own internal 22 record-keeping. Thus, to facilitate the sharing of tradeline information, all interested entities had to 23 24 develop and agree to shared tradeline definitions for the purposes of the Credit Impact Damages 25 methodology. Those agreements were also the subject of twice-weekly meetings between the parties and

26 each Consumer Reporting Agency. 27 28 No. 15-cv-02159-VC 14 DECLARATION OF DEREK W. LOESER IN SUPPORT OF FINAL APPROVAL, SERVICE AWARDS, AND FEES AND COSTS Case 3:15-cv-02159-VC Document 186 Filed 01/19/18 Page 16 of 42

1 4. Agreements Concerning Confidentiality, Personal Information, and Proprietary Data 2 62. Nearly all of the information that will be exchanged between the Court-appointed 3 4 Settlement Administrator, Wells Fargo, the Consumer Reporting Agencies, the Fair Isaac Co., and

5 Fontana for the purposes of implementing the Credit Impact Damages methodology is confidential or

6 proprietary. That includes the Consumer Reporting Agencies’ record-keeping practices, the algorithm 7 used to calculate and simulate FICO scores, the scores themselves, and the Class members’ personally- 8 identifying information. Thus, each of these entities negotiated and agreed to confidentiality and 9 proprietary information agreements that will permit their information and processes to be used in the 10 11 Credit Impact Damages methodology to the fullest extent possible without compromising privacy or 12 business interests.

13 63. One important result of these confidentiality negotiations merits special discussion, as it

14 substantially clarifies Exhibit A to the Settlement Agreement, which outlined a provisional Credit 15 Impact Damages methodology. Exhibit A included two provisions aimed at protecting Class member 16 information. There was “Step 4,” providing that each Consumer Reporting Agency would provide a 17 unique, anonymous identifier for each claimant and/or his or her account numbers. There was also “Step 18 19 6,” indicating that if the Consumer Reporting Agencies are unwilling to handle and report Class member 20 information anonymously, the calculation of a claimant’s monetary injury will be rounded to the nearest

21 $5 increment. 22 64. In the parties’ discussions with the Consumer Reporting Agencies, they discovered that 23 the Consumer Reporting Agencies could anonymize Class member data, obviating the need to round off 24 monetary injury to the nearest $5 increment. They also discovered, however, that having each Consumer 25 Reporting Agency provide its own unique, anonymous identifiers to each Class member and his or her 26 27 accounts would not only be impractical, but would also expose class member information to a greater

28 risk of misappropriation, as it would require multiple master lists that would be used to “re-personalize” No. 15-cv-02159-VC 15 DECLARATION OF DEREK W. LOESER IN SUPPORT OF FINAL APPROVAL, SERVICE AWARDS, AND FEES AND COSTS Case 3:15-cv-02159-VC Document 186 Filed 01/19/18 Page 17 of 42

1 that data before its transfer to another Consumer Reporting Agency. Each of these lists would

2 necessarily be housed in multiple locations, and each location would expose the lists to security risks. 3 65. Therefore, the parties developed the following method of anonymizing Class member 4 data: a single Consumer Reporting Agency—Equifax—has been tasked with providing unique 5 anonymous identifiers for each claimant and his/her accounts, and with maintaining a single secure 6 7 master list that can re-personalize that information. Equifax is the only entity that will have access to 8 that list and will provide all other entities only with anonymized data for use in their calculations,

9 searches, and simulations. Only after all Credit Impact Damages calculations and processes have been 10 completed and a final damages figure has been calculated will Equifax re-personalize the data and 11 submit it to the Court-appointed Settlement Administrator. 12 66. This process ensures that at no point will any personalized information interact with any 13 Credit Impact Damages processes at any time, protecting against the inadvertent disclosure of 14 15 individualized credit score data.

16 5. Implementation of the Credit Model

17 67. All of the Credit Impact Damages processes described up to this point provide only raw

18 data, such as the names of affected Class members, Unauthorized Accounts associated with those 19 names, tradelines opened subsequent to those accounts, FICO scores, and simulated FICO scores. That 20 data is useful, however, only when it is incorporated into the Credit Impact Damages model proposed 21 and submitted to the Court by the Fontana Group as Exhibit A-1 to the Settlement Agreement at 22 23 preliminary approval. 24 68. Like the Credit Impact Damages processes outlined in Exhibit A, the provisions of the

25 model described in Exhibit A-1 needed to be negotiated by the parties, implemented in a real-word 26 environment, and integrated into the other components of the Credit Impact Damages machine. Expert 27 guidance from the Fontana Group was essential for this process. 28 No. 15-cv-02159-VC 16 DECLARATION OF DEREK W. LOESER IN SUPPORT OF FINAL APPROVAL, SERVICE AWARDS, AND FEES AND COSTS Case 3:15-cv-02159-VC Document 186 Filed 01/19/18 Page 18 of 42

1 69. It is difficult to overstate the number or complexity of the issues raised during the parties’

2 negotiations surrounding the implementation of the credit model or the amount of time spent by the 3 parties resolving their differences over how it should be implemented. 4 70. To provide just a few examples, the parties had to address questions like this: 5 • When calculating increased borrowing costs when a Class member took out a 6 tradeline, what FICO scores and/or simulated FICO scores should be used for 7 which tradelines? This wasn’t an easy question to answer, because FICO scores are calculated or simulated by Consumer Reporting Agencies at intervals that do 8 not correspond precisely with the opening of subsequent tradelines. 9 • When calculating the interest rates that were available to Class members when 10 they took out a credit tradeline, what information for each of their affected 11 tradelines at any particular point during the Class Period should be used? And how should those interest rates be calculated or procured in the first place? This, 12 too, was difficult, since information on the interest rates offered by various 13 financial institutions for each of their financial products is often proprietary, unreported, or incomplete. 14 • How do you determine—and what information do you use to determine—how 15 FICO scores affected the interest rates that were available to Class members? 16 Data on the relationship between FICO scores and interest rates is often proprietary, unreported, or incomplete. 17 18 • How should the length of a tradeline’s life should be calculated, especially in instances when it will be impossible to know when a consumer intends to close a 19 trade and/or refinance it before its originally anticipated termination date? And, 3 20 somewhat relatedly, what amortization schedule(s) should be used for each of those tradelines? 21 71. Each of these issues often had to be readdressed in the context of the different kind of 22 23 data available for each type of tradeline (e.g., new auto loans, used auto loans, traditional credit cards, 24 3 25 Some differences exist between the amortization schedule—the amount of time that consumers’ principal payment schedule would reduce the loan balance to zero—and the amount of time that 26 consumers actually owe money on the loan. Mortgage and vehicle refinance, sales of secured assets (homes and vehicles), prepayment, and balloon payoffs are examples in which the loan balance 27 becomes zero at a time other than what would have followed from the amortization schedule. The parties had to assess which of these schedules would most appropriately be applied across the Class in 28 the face of incomplete data. No. 15-cv-02159-VC 17 DECLARATION OF DEREK W. LOESER IN SUPPORT OF FINAL APPROVAL, SERVICE AWARDS, AND FEES AND COSTS Case 3:15-cv-02159-VC Document 186 Filed 01/19/18 Page 19 of 42

1 retail credit cards, utility accounts, home equity loans, home equity lines of credit, installment loans,

2 student loans, etc.), and disputes often arose regarding the validity of the data that was available and 3 which data sources should be used for each tradeline category. No stone was left unturned in the 4 implementation and development of the credit model. 4 5 6. Testing the Methodology 6 72. Finally, the parties faced the practical concern that the credit machine, while viable in 7 8 concept, might encounter unforeseen difficulties when flooded with actual consumer claims. The parties

9 considered several options to address this concern, including creating hypothetical claim forms purely

10 for the purposes of testing the machine, using a small sample population of Claims that had already been 11 submitted and applying each of the Credit Impact Damages processes to that population, or relying on 12 data previously procured by Wells Fargo. After intense negotiation over the appropriate method of 13 testing the methodology, the parties chose the last option: relying on data previously procured by Wells 14 15 Fargo. A test of the methodology followed. The results of that test formed the basis for the Credit Impact 16 Damages Experts’ report that is submitted with Plaintiffs’ Motion for Final Approval of Class Action

17 Settlement.

18 73. As the above description should make clear, devising the CID analysis was a 19 painstakingly complex process befitting the complexity of the Wells-Fargo-created problem it attempts 20 to remedy. It is novel, creative work that, to my knowledge, has not been done before in a class action. It 21 has taken a tremendous amount of time, but has produced outstanding benefits for the Class. 22 23 F. The Benefits Obtained for Class Members Are Outstanding and Uniquely Tailored to the Facts 24 74. Other materials presented to the Court in support of preliminary approval define the 25 Settlement Class and describe the mechanics of the claims process and allocation. Rather than repeating 26 27 4 These topics have far-reaching implications for the Settlement, but the parties also addressed a host of 28 idiosyncratic and unique issues that affect only a small subset of the Class. No. 15-cv-02159-VC 18 DECLARATION OF DEREK W. LOESER IN SUPPORT OF FINAL APPROVAL, SERVICE AWARDS, AND FEES AND COSTS Case 3:15-cv-02159-VC Document 186 Filed 01/19/18 Page 20 of 42

1 this information, I will highlight some key features of the Settlement that provide particularly

2 noteworthy benefits to the Class. 3 75. The Settlement creates a nonreversionary Settlement Fund of $142 million, all of 4 which—less Court-approved fees and costs—will be distributed to Class members.5 5 76. Wells Fargo has deposited the Settlement Fund into an Escrow Account, as required by 6 7 the Preliminary Approval Order, which was established as a Qualified Settlement Fund within the 8 meaning of Treasury Regulation Section 1.468B-l of the U.S. Internal Revenue Code of 1986. The

9 Qualified Settlement Fund was fully funded on July 20, 2017. 10 77. The Settlement Fund will be used to compensate Class members for two distinct types of 11 damages, Compensatory and Non-Compensatory Damages. Compensatory Damages will include 12 reimbursement for out-of-pocket fees charged in connection with potentially Unauthorized Accounts. 13 While Wells Fargo previously agreed to refund fees for certain customers—those identified by 14 15 PricewaterhouseCoopers (“PwC”) and certain others who complained to Wells Fargo about

16 Unauthorized Accounts—the Settlement expands the relief to cover all Class members. The Settlement

17 and Class notices describe how claims will be made for these damages, and how the damages will be 18 allocated, in light of various Wells Fargo data limitations. 19 78. Compensatory Damages also will provide relief for “Credit Impact Damages,” that is, the 20 increased borrowing costs that certain Class members may have suffered because of Wells Fargo’s 21 22 conduct. Those damages are not addressed by the Government Settlements. And compensating them is 23 no small feat or simple task, as the above description outlines. Certain types of accounts opened without

24 authorization—specifically, credit cards and lines of credit—may have negatively impacted Class 25 26 5 In comparison, the Government Settlements recovered $185 million, but allocated only $5 million to 27 victim compensation. Wells Fargo will pay $190 million to settle customer fraud case, Reuters (Sept. 9, 2016, 8:43am), https://www.cnbc.com/2016/09/08/wells-fargo-reaches-185m-settlement-to-settle- 28 secret-account-fraud-case.html. No. 15-cv-02159-VC 19 DECLARATION OF DEREK W. LOESER IN SUPPORT OF FINAL APPROVAL, SERVICE AWARDS, AND FEES AND COSTS Case 3:15-cv-02159-VC Document 186 Filed 01/19/18 Page 21 of 42

1 members’ credit scores, which, in turn, could have increased their borrowing costs. We worked with

2 renowned experts to identify a fair and reasonable way to compensate customers for actual increased 3 borrowing costs they incurred. See Declaration of Edward M. Stockton in Support of Plaintiffs’ Motion 4 for Final Approval of Class Action Settlement (description of process for calculating Credit Impact 5 Damages). As indicated in his declaration, Mr. Stockton served as a key Plaintiffs’ damages expert in 6 7 the Volkswagen litigation, among other prominent cases. Id. ¶ 5. 8 79. The Settlement also provides for “Non-Compensatory Damages,” which is a per account

9 “residual” payment allocated on a pro rata basis to each claimant. These payments are made after Class 10 members are paid all Compensatory Damages. SA ¶ 9.8. 11 80. In addition to creating the $142 million Settlement Fund, Wells Fargo also has agreed 12 that if the Settlement Fund is insufficient to cover Fee Damages and Credit Impact Damages based on 13 the formula in the Settlement, it must add whatever additional amounts are necessary to fully fund the 14 15 Settlement. An uncapped guarantee is a highly unusual feature of any class action settlement, and is a

16 noteworthy benefit for the Class.

17 81. Part of this guarantee is a $25 million reserve for Non-Compensatory Damages. That is, 18 no matter how much is spent on Compensatory Damages, Wells Fargo must pay at least $25 million for 19 Non-Compensatory Damages. SA ¶ 9.9. As noted above, Wells Fargo has agreed that if the number of 20 Unauthorized Accounts validated in the claims process exceeds 3.5 million, Wells Fargo will 21 22 proportionately increase the $25 million reserve so that the ratio of reserve to the number of 23 Unauthorized Accounts is no less than what was estimated by Plaintiffs at the time of Preliminary

24 Approval.

25 82. The Settlement also provides substantial non-monetary relief. 26 27 28 No. 15-cv-02159-VC 20 DECLARATION OF DEREK W. LOESER IN SUPPORT OF FINAL APPROVAL, SERVICE AWARDS, AND FEES AND COSTS Case 3:15-cv-02159-VC Document 186 Filed 01/19/18 Page 22 of 42

1 83. First, by submitting a claim for Credit Impact Damages, Class members are entitled to a

2 review of their credit history for Unauthorized Accounts or credit inquiries. This functions as a de facto 3 credit monitoring service provided to Class members at no cost. 4 84. Second, the Credit Impact Damages methodology measures a Class member’s probable 5 increased borrowing costs due to Wells Fargo’s misconduct. Almost by definition, Class members who 6 7 did not take out credit in the aftermath of that misconduct have not suffered Credit Impact Damages. 8 Even so, the Settlement provides non-monetary relief to this group of Class members: They will have

9 any Unauthorized Accounts on their consumer reports suppressed, which will likely increase their credit 10 scores and may lower their future costs of borrowing. If Class members with unauthorized credit 11 accounts wanted to achieve this same result without the Settlement, they would have to dispute each 12 account with Wells Fargo, and possibly with each Consumer Reporting Agency—a process that is 13 widely recognized as unreliable, time-consuming, and costly. 14 15 85. Third, individuals who only had an unauthorized deposit account opened in their name

16 will have that account scrubbed from their Early Warning Services report, which is the deposit-account

17 equivalent of a consumer credit report from a Consumer Reporting Agency. 18 86. As part of the Settlement, Wells Fargo has agreed to cover certain additional costs of 19 notice and settlement administration—apart from and in addition to its obligation to pay for the 20 Settlement Fund. 21 22 87. In addition to the Settlement Fund, Wells Fargo has agreed that it will pay (1) up to $1 23 million of the cost of conducting the expert analysis necessary to calculate Credit Impact Damages, of

24 which $292,441.37 has been billed to date; (2) the cost of engaging the Consumer Reporting Agencies to

25 conduct their respective tasks in connection with the analysis of Credit Impact Damages; (3) $1 million 26 toward the increased cost of mailing notice by envelope to Consultant Identified Persons; (4) certain call 27 center costs related to management, training, and telephone support—of which Wells Fargo has already 28 No. 15-cv-02159-VC 21 DECLARATION OF DEREK W. LOESER IN SUPPORT OF FINAL APPROVAL, SERVICE AWARDS, AND FEES AND COSTS Case 3:15-cv-02159-VC Document 186 Filed 01/19/18 Page 23 of 42

1 paid $1.24 million, with another $124,410 billed to Wells Fargo in pending invoices; and (5) call center

2 live support and management costs incurred after the number of live support minutes exceeds 69,252, or, 3 to put it in dollar terms, after the total for those costs exceeds approximately $3.2 million. 4 88. It is noteworthy that Wells Fargo is bearing these administrative costs. Particularly 5 noteworthy are the administrative costs related to calculating Credit Impact Damages, because in the 6 7 absence of Settlement, Wells Fargo likely would have taken the position that purportedly individualized 8 circumstances preclude classwide credit relief.

9 89. If Class members believe the relief provided by the Settlement is inadequate for any 10 reason, they can opt out of the Settlement. In addition, the Settlement does not interfere with any of 11 Wells Fargo’s obligations under its agreements with the City of Los Angeles, the OCC, or the CFPB, 12 including the right of any Class member to participate in mediation regarding claimed unauthorized 13 fees.6 14 15 G. Assessment of Risk 16 90. The preliminary approval memorandum and the declarations supporting it discussed in

17 detail the many risks faced by the Class in this case. While Wells Fargo’s practice of opening

18 Unauthorized Accounts was outrageous, this was far from an easy case. Wells Fargo’s mandatory 19 arbitration clause and class arbitration waiver are significant obstacles that could prevent adjudication. 20 We have what we believe are strong arguments to the contrary, which we asserted in the litigation, but 21 we also recognize that success would be far from certain. 22 23 91. Moreover, as made abundantly clear in negotiations over the claims and allocation 24 process, class certification could be difficult as well. In a contested setting, Wells Fargo would certainly

25 take the position that determining whether an account is unauthorized would require extensive 26 27 6 See, e.g., Stipulated Final Judgment, People v. Wells Fargo & Co., No. BC580778 (L.A. Cty. Super. 28 Ct., Sept. 13, 2016). No. 15-cv-02159-VC 22 DECLARATION OF DEREK W. LOESER IN SUPPORT OF FINAL APPROVAL, SERVICE AWARDS, AND FEES AND COSTS Case 3:15-cv-02159-VC Document 186 Filed 01/19/18 Page 24 of 42

1 individual assessment. Indeed, Wells Fargo continues to claim that it is able merely to identify

2 potentially Unauthorized Accounts from its analysis—whether any account truly is unauthorized 3 requires an examination of the circumstances of each account. (See ECF 146 at 1-2). 4 92. What would have made class certification particularly challenging is the arbitration 5 clause. As Plaintiffs have explained elsewhere, no matter how the arbitration issue would have 6 7 ultimately been decided, its existence would have complicated class certification. See Mot. for Prelim. 8 Approval at 11-12 (ECF 101); and see Order Granting Motion for Preliminary Approval (ECF 165 at 2).

9 93. During the pendency of this Action, KR staffed the case to ensure maximum efficiency 10 balanced with ample enough resources to perform tasks that were necessary often on a short timetable. 11 Attorneys at KR necessarily were precluded from pursuing other lucrative work because KR litigated 12 this case without co-counsel, and the case required intensive efforts in a relatively compressed time- 13 period. This was a large, complex case that required the immediate attention and availability of an 14 15 unusually large number of KR professionals.

16 94. Considering all the risks, weighing them against the substantial recovery achieved in this

17 case, and taking into account the potential recovery in the absence of a settlement, we believe that we 18 have achieved an outstanding result for the Class. 19 20 21 22 23 24 25 26 27 28 No. 15-cv-02159-VC 23 DECLARATION OF DEREK W. LOESER IN SUPPORT OF FINAL APPROVAL, SERVICE AWARDS, AND FEES AND COSTS Case 3:15-cv-02159-VC Document 186 Filed 01/19/18 Page 25 of 42

1 H. Lodestar and Work Performed by Counsel

2 95. The following table summarizes KR’s lodestar in this case: 3 Timekeeper Hours Lodestar 4 Core Group Partners 2,504.60 $ 2,292,711.00 5 Associate Attorneys 3,630.80 $ 1,768,428.00 6 Paralegals/Professional Staff 858.60 $ 226,508.00 Other Partners 18.80 $ 17,672.00 7 Other Associate Attorneys 68.10 $ 33,182.50 Other Paralegals/Professional Staff 574.50 $ 143,068.00 8 Reserve 2,500.00 $ 1,463,525.007 9 Total 10,155.40 $ 5,945,094.50

10 This table summarizes a three-step process. First, timekeepers recorded their time to the nearest

11 tenth of an hour, and these hours were multiplied by the appropriate timekeeper’s standard hourly rate to 12 determine historic “lodestar.” Next, the subtotal lodestar was divided by the subtotal hours to determine 13 a weighted blended rate: $585.41. Lastly, the weighted blended historic rate was applied to a 14 conservative estimate of the number of hours needed to conclude Keller Rohrback’s representation of 15 16 the class through the end of the settlement administration process (as discussed below), resulting in a 17 “reserve” lodestar amount. The total lodestar is the sum of the historic and reserve lodestars; the total

18 hours is the sum of the historic hours and reserve hours.

19 CORE TIMEKEEPERS 20 96. To maximize efficiency, KR staffed this case with a core team of thirteen partners, 21 associates, and paralegals who collectively billed more than 91% of the total hours reported and who 22 collectively account for more than 95% of the value (lodestar) in the case. This core team is as follows: 23 24 97. I am a partner with over 23 years of professional experience. I managed the litigation and 25 settlement negotiations for Keller Rohrback. To date, I have worked 1,158.80 hours on this case

26 including, principally: 27

28 7 Based on the blended rate per ¶ 133. No. 15-cv-02159-VC 24 DECLARATION OF DEREK W. LOESER IN SUPPORT OF FINAL APPROVAL, SERVICE AWARDS, AND FEES AND COSTS Case 3:15-cv-02159-VC Document 186 Filed 01/19/18 Page 26 of 42

1 • Preparing for and arguing motions, and presenting at hearings • Reviewing, revising, and finalizing pleadings 2 • Leading negotiations for Plaintiffs with opposing counsel and mediators 3 • Participating in mediation sessions and preparing strategy and tactics for same • Overseeing preparation of settlement agreement and strategizing with team regarding terms and 4 implementation; negotiating with opposing counsel on settlement terms • Working with experts, the Keller Rohrback team and opposing counsel on damages methodology 5 including CID analysis and implementation 6 • Overseeing communications with Class members • Negotiating with Settlement Administrators, and overseeing settlement administration 7 • Preparing briefing and strategy for responding to JPML petition, arguing the JPML opposition 8 • Conducting other litigation tasks, including factual and legal research, and strategizing regarding claims and Wells Fargo’s defenses 9 98. Lynn Sarko, Keller Rohrback’s Managing Partner with 36 years of professional 10 experience, worked 302.60 hours on this case, including: 11 12 • Conducting factual and legal research for Plaintiffs’ claims and settlement • Evaluating settlement and potential settlement terms, including plan of allocation and credit 13 damages • Analyzing related congressional and agency enforcement actions and investigations 14 • Attending mediation sessions and preparing for mediations, including analyzing confirmatory 15 discovery • Conferring with counsel in related cases, researching related issues 16 • Working with experts on credit damages and other issues

17 99. Gretchen Freeman Cappio, a partner with 18 years of professional experience, worked 18 912.40 hours on this case, including: 19 • Participating in initial case investigation and evaluation, consulting with clients and potential 20 clients • Conducting legal research 21 • Shaping litigation strategy 22 • Researching facts of underlying claims, including interviews with potential witnesses • Meeting and conferring with opposing counsel 23 • Preparing for and attending court hearings • Strategizing regarding mediation and potential for settlement 24 • Negotiating with Defendants and hammering out details of settlement 25 • Participating in mediation sessions and preparing for those sessions, following up with mediators • Consulting with experts and potential experts regarding allocation, compensation issues, Credit 26 Impact Damages, class notice, and claims administration 27 • Working with experts and credit rating agencies on formulating Credit Impact Damages compensation plan 28 • Preparing briefing and strategy for motions, including JPML petition-related briefing No. 15-cv-02159-VC 25 DECLARATION OF DEREK W. LOESER IN SUPPORT OF FINAL APPROVAL, SERVICE AWARDS, AND FEES AND COSTS Case 3:15-cv-02159-VC Document 186 Filed 01/19/18 Page 27 of 42

1 100. Benjamin Gould, an associate attorney with 10 years of professional experience, worked

2 513.40 hours on this case, including: 3 • Researching Plaintiffs’ substantive claims and potential recovery therefrom 4 • Researching issues related to appeal, preparing papers for appeal • Researching arbitration issues and conferring with experts in the field 5 • Revising materials responding to JPML petition and conferring on strategy for JPML 6 • Preparing settlement materials, including draft settlement agreement, class notices, and briefs in support of preliminary approval and final approval 7 • Conferring with opposing counsel regarding terms of settlement, notice, and settlement administration 8 • Preparing responses to objectors and intervenors and conducting research for same 9 • Identifying and consulting with experts on issues related to settlement and settlement approval 10 101. Daniel Mensher, an associate attorney with 10 years of professional experience, worked

11 671.00 hours on this case, including:

12 • Drafting initial pleadings and responding to Wells Fargo’s preliminary motions 13 • Conducting factual research, including interviewing potential witnesses and reviewing public records 14 • Communicating with clients about legal strategy, settlement, and fact-gathering • Conducting legal research on issues including transfer, arbitration, appeal, consolidation, 15 delegation, and substantive legal claims 16 • Attending court hearings, including arguing Wells Fargo’s motion to compel arbitration • Drafting and revising settlement documents, including plan of allocation; analyzing settlement 17 terms; and responding to intervenors • Researching and drafting JPML papers 18 • Researching procedures for arbitration, preparing potential arbitration materials 19 102. Matthew Preusch, an associate attorney with 5 years of professional experience, worked 20 868.60 hours on this case, including: 21 • Conducting factual research, including interviewing former Wells Fargo employees and Class 22 members, preparing and reviewing public records requests 23 • Drafting initial pleadings • Researching and drafting response to Wells Fargo’s preliminary motions 24 • Researching and drafting notice of appeal • Communicating with clients about legal strategy, settlement, and fact-gathering 25 • Conducting legal research on issues including mandatory arbitration, venue, class certification, 26 appeal, settlement, and substantive legal claims • Preparing for and participating in mediation sessions with opposing party and counsel 27 • Attending court hearings and preparing materials for those hearings 28 • Preparing briefing and strategy for responding to JPML petition No. 15-cv-02159-VC 26 DECLARATION OF DEREK W. LOESER IN SUPPORT OF FINAL APPROVAL, SERVICE AWARDS, AND FEES AND COSTS Case 3:15-cv-02159-VC Document 186 Filed 01/19/18 Page 28 of 42

1 • Regularly working with notice provider and Settlement Administrator to design and implement notice and settlement administration plans 2 3 103. Tyrone Smith, an attorney with 11 years of professional experience, worked 353.75 hours 4 on this case and Kimberly LaDuca, an attorney with 3 years of professional experience, worked 409.85

5 hours on this case, for a total of 763.60 hours. Their work included: 6 • Communicating with potential clients and Class members who contacted the firm regarding the 7 case and the settlement • Reviewing and providing analysis of settlement website and documents sent to Class members 8 • Reviewing and analyzing opt-out and objection forms filed by Class members • Conducting quality control auditing and online social media research regarding Wells Fargo 9 settlements, class actions and investigations 10 • Researching Identity Theft Protection claims and details for fees and Credit Impact Damages to provide to Class members 11 104. Michael Meredith, an associate attorney with 5 years of professional experience, worked 12 13 553.20 hours on this case, including: 14 • Conducting research and drafting memoranda on Plaintiffs’ and Class members’ claims, in particular the Fair Credit Reporting Act and state identify theft laws 15 • Preparing and revising notice materials for Class members 16 • Working with experts and credit reporting agencies on formulating Credit Impact Damages compensation plan, and conferring with opposing counsel regarding same 17 • Conducting research and strategizing on terms of settlement • Drafting and revising settlement agreement 18 • Drafting and revising preliminary approval motion and supporting documents, and related 19 filings, with focus on Credit Impact Damages • Regularly working with notice provider and Settlement Administrator to design and implement 20 notice and settlement administration plans

21 105. Alison Gaffney, an associate attorney with 5 years of professional experience, worked

22 261.00 hours on this case, including: 23 • Researching damages issues and preparing memorandum for same to assist settlement 24 negotiations • Reviewing and revising draft pleadings and researching factual allegations for same 25 • Researching arbitration issues and preparing materials for potential arbitrations 26 • Drafting and revising settlement and preliminary approval materials • Preparing notice materials, focusing on Spanish-language translations 27 • Responding to Spanish-speaking class member inquiries 28 No. 15-cv-02159-VC 27 DECLARATION OF DEREK W. LOESER IN SUPPORT OF FINAL APPROVAL, SERVICE AWARDS, AND FEES AND COSTS Case 3:15-cv-02159-VC Document 186 Filed 01/19/18 Page 29 of 42

1 106. Sara Stevens, a paralegal with 15 years of professional experience, worked 592.90 hours

2 on this case, including: 3 • Communicating with potential clients and Class members who contacted the firm regarding the 4 case and the settlement • Preparing PowerPoint presentations for use at mediation and hearing on motion for preliminary 5 approval 6 • Monitoring activity in other cases against Wells Fargo and preparing summaries for attorney review 7 • Researching and analyzing claim for damages related to Identity Theft Protection • Reviewing and providing analysis and edits to settlement agreement and all documents submitted 8 in support of motion for preliminary approval and final approval 9 107. Cate Brewer, a paralegal with 15 years of professional experience, worked 265.70 hours 10 on this case, including: 11 • Reviewing local rules, judge’s standing orders, and other court rules in advance of filings 12 • Preparing, finalizing and filing briefs, notices, correspondence, and other litigation materials 13 • Monitoring and reviewing court dockets and circulating appropriate materials to team • Tracking expert and vendor billing and disbursements 14 108. T. David Copley, a partner with 32 years of professional experience, worked 130.80 15 16 hours on this case, including: 17 • Researching and drafting summary of issues related to arbitration clause issues and reasonableness of proposed settlement 18 • Researching legal issues pertaining to petition for award of attorneys’ fees and expenses, and drafting motion in support of that relief 19 • Researching factual predicate to submit in support of petition for award of attorneys’ fees and 20 expenses • Conferring with experts concerning petition for award of attorneys’ fees and expenses, and 21 proving them with information they requested regarding the fairness and adequacy of the proposed fee award 22 23 ADDITIONAL PARTNER TIMEKEEPERS 24 109. Beyond the core team, several KR partners stepped in to help on discrete projects

25 consistent with their experience and expertise. These partners are:

26 110. Mark Griffin, a partner with 31 years of professional experience, worked 4.40 hours on 27 this case including: 28 No. 15-cv-02159-VC 28 DECLARATION OF DEREK W. LOESER IN SUPPORT OF FINAL APPROVAL, SERVICE AWARDS, AND FEES AND COSTS Case 3:15-cv-02159-VC Document 186 Filed 01/19/18 Page 30 of 42

1 • Providing analysis of constitutional argument against enforcement of arbitration provision • Compiling and reviewing contracts with settlement administrators in previous cases in 2 preparation for hearing on motion for preliminary approval 3 111. Jeffrey Lewis, a partner with 42 years of professional experience, worked 14.40 hours on 4 this case, including: 5 6 • Preparing for and attending hearing on motion for preliminary approval • Reviewing and providing analysis and edits to motion for preliminary approval 7 • Communicating with counsel in other cases against Wells Fargo regarding release language in settlement agreement 8 • Communicating with potential clients and Class members who contacted the firm regarding the 9 case and the settlement 10 ADDITIONAL ASSOCIATE ATTORNEY TIMEKEEPERS 11 112. Beyond the core team, several KR associate attorneys and non-associate attorneys were

12 assigned discrete projects. These additional attorneys are: 13 113. Khesraw Karmand, an associate attorney with 6 years of professional experience, worked 14 31.70 hours on this case, including: 15 • Reviewing, analyzing, and revising draft complaint 16 • Reviewing and analyzing client account documents and providing analysis of those documents to 17 other Keller Rohrback attorneys • Reviewing, analyzing, and revising brief opposing motion to compel arbitration 18 • Reviewing, analyzing, and revising motion for lead counsel • Researching and drafting memo analyzing issues raised in Wells Fargo’s motion for intradistrict 19 transfer and motion to dismiss 20 • Corresponding with clients regarding case status and updates • Researching and drafting memoranda regarding transfer of venue, whether amending complaint 21 renders motion to compel moot, and recent case law on class action settlement approvals in connection with motion for preliminary approval 22 114. Lisa Nowlin, an associate attorney with 6 years of professional experience, worked 15.00 23 24 hours on this case, including:

25 • Researching and preparing memorandum regarding ascertainability of Class members for class certification 26 • Researching and preparing memorandum regarding accessibility and standing 27 • Researching and preparing memorandum regarding Spokeo standing issue 28 No. 15-cv-02159-VC 29 DECLARATION OF DEREK W. LOESER IN SUPPORT OF FINAL APPROVAL, SERVICE AWARDS, AND FEES AND COSTS Case 3:15-cv-02159-VC Document 186 Filed 01/19/18 Page 31 of 42

1 115. Ryan McDevitt, an associate attorney with 7 years of professional experience, worked

2 7.10 hours on this case including: 3 • Reviewing, analyzing, and drafting memorandum regarding treatment of punitive damages 4 analysis in other litigation for use in preliminary approval brief and hearing on motion for preliminary approval 5 • Researching, analyzing, and drafting memorandum regarding Ninth Circuit case law on petitions for attorneys’ fees and consideration of expert declarations in support of same 6 7 116. Tanya Korkhov, an associate attorney with 11 years of professional experience, worked

8 14.30 hours on this case, including:

9 • Researching, analyzing and drafting memorandum regarding ERISA settlement carveouts for 10 released claims in settlement agreement • Reviewing and analyzing invoices from class notice provider and comparing the charges to 11 charges incurred in other class action settlements

12 ADDITIONAL PARALEGAL AND PROFESSIONAL STAFF TIMEKEEPERS

13 117. Beyond the core team, several KR paralegals professional staff were assigned discrete 14 projects. These additional paralegals are: 15 118. Phillip Lewis, a paralegal with 10 years of professional experience, worked 166.10 hours 16 on this case, including: 17 18 • Communicating with potential clients and Class members who contacted the firm regarding the case 19 • Reviewing client documents and submitting requests to create Relativity database and upload all pertinent documents for future review and analysis 20 • Reviewing documents filed by Wells Fargo in support of motion to compel arbitration and 21 summarizing all material for attorney review • Reviewing litigation and discovery files to extract information for use in drafting joint statement 22 language for case management statement • Reviewing and analyzing draft discovery requests, revising them and supplementing draft 23 discovery requests to track discovery requests used in other Wells Fargo litigation 24 • Reviewing draft opposition to Defendant’s motion to compel arbitration to assist in completion of record cites and provide additional factual support for the opposition brief 25 • Drafting FOIA requests to CFPB and OCC • Conducting online searches through CFPB database to identify, extract and compile all 26 complaints relevant to Unauthorized Account openings 27 28 No. 15-cv-02159-VC 30 DECLARATION OF DEREK W. LOESER IN SUPPORT OF FINAL APPROVAL, SERVICE AWARDS, AND FEES AND COSTS Case 3:15-cv-02159-VC Document 186 Filed 01/19/18 Page 32 of 42

1 119. Jennifer Morgan, a paralegal with 4 years of professional experience, worked 80.50 hours

2 on this case, including: 3 • Communicating with potential clients and Class members who contacted the firm regarding the 4 case • Drafting client communications regarding initial case filing 5 120. China Levy, a legal support professional with 2 years of professional experience, worked 6 7 39.40 hours on this case, Madeline Lee, a legal support professional with 2 years of professional

8 experience, worked 19.00 hours on this case, and Ardua Harris, a legal support professional with 1 year

9 of professional experience, worked 15.20 hours on this case, for a total of 73.60 hours. Their work 10 included: 11 • Developing strategy for client outreach regarding the settlement program 12 • Creating and implementing social media postings and videos to communicate with Class members regarding the settlement program 13 • Researching media articles related to the settlement 14 • Composing press releases for purposes of communicating with Class members • Maintaining website to provide Class members with up to date case information and settlement 15 details 16 121. Rebecca Heneghen, a paralegal with 5 years of professional experience, worked 48.70 17 hours on this case, including: 18 • Researching and drafting memorandum regarding motion to compel arbitration 19 • Researching and drafting language regarding jurisdiction and venue for use in amended 20 complaint • Researching and drafting outline for oral argument on Wells Fargo’s motion to compel 21 arbitration

22 122. Nicholas Stockton, a summer associate with 1 year of professional experience, worked 23 48.50 hours on this case, including: 24 • Researching and drafting memorandum regarding procedural issues 25 • Researching and drafting memorandum regarding motion to dismiss issues and claims • Researching and drafting memorandum regarding intradistrict transfer issues 26 • Researching and drafting memorandum responding to motion to dismiss 27 • Researching and drafting motion for leadership 28 No. 15-cv-02159-VC 31 DECLARATION OF DEREK W. LOESER IN SUPPORT OF FINAL APPROVAL, SERVICE AWARDS, AND FEES AND COSTS Case 3:15-cv-02159-VC Document 186 Filed 01/19/18 Page 33 of 42

1 123. Max Goins, a summer associate with 1 year of professional experience, worked 34.40

2 hours on this case, including: 3 • Researching and drafting memorandum regarding legal issues 4 • Researching and drafting memorandum regarding possible objections to settlement • Reviewing and analyzing long form notice for settlement 5 6 124. Sydney Read, a paralegal with 1 year of professional experience, worked 40.80 hours on 7 this case including:

8 • Researching, analyzing and drafting memorandum regarding Ninth Circuit case law involving petitions for award of attorneys’ fees and expenses 9 • Reviewing and providing analysis and edits to all documents submitted in support of motion for 10 final approval

11 125. Sophie Bones, a law student/paralegal with 1 year of professional experience, worked

12 24.00 hours on this case, including: 13 • Researching, analyzing and drafting memorandum regarding California contract law involving 14 alleged mutual mistake and/or unilateral mistake

15 126. Carly Eyler, a legal research specialist with 4 years of professional experience, worked

16 17.10 hours on this case, including: 17 • Researching history of other cases filed against Wells Fargo 18 • Researching substance of settlement agreements from other cases involving Wells Fargo • Researching all class action and consumer cases in which federal courts denied a motion to 19 compel arbitration 20 • Researching California contract law • Researching media stories concerning Wells Fargo settlements 21 • Reviewing and analyzing various state court case documents involving Wells Fargo litigation and settlements 22 • Researching class action fee orders issued in the Northern District of California 23 • Researching the number of Wells Fargo accounts between 2002 and 2008 24 127. Zaynah Keopraseurt, a paralegal with 1 year of professional experience, worked 13.50

25 hours on this case, including: 26 • Researching account transaction history for potential clients 27 • Reviewing, analyzing and revising draft settlement documents 28 No. 15-cv-02159-VC 32 DECLARATION OF DEREK W. LOESER IN SUPPORT OF FINAL APPROVAL, SERVICE AWARDS, AND FEES AND COSTS Case 3:15-cv-02159-VC Document 186 Filed 01/19/18 Page 34 of 42

1 128. Jason Dillman, a paralegal with 17 years of professional experience, worked 13.30 hours

2 on this case, and Mark Smith, a paralegal with 1 year of professional experience, worked 14.00 hours on 3 this case, for a total of 27.30 hours. Their work included: 4 • Analyzing damages, including by creating Excel spreadsheet illustrating damages calculations 5 for mediation • Calculating damages model for Unauthorized Accounts 6 • Preparing demonstrative exhibit of damages for mediation 7 • Calculating estimate of pre-2008 equivalent settlement recovery • Researching availability of historic credit reporting events 8 129. Attached hereto as Ex. B is a spreadsheet detailing the name, position, hourly rate, and 9 10 hours billed by each Keller Rohrback timekeeper.

11 RESERVE TIME TO COMPLETE SETTLEMENT IMPLEMENTATION

12 130. Keller Rohrback’s obligation to serve the Class will not end when and if the Court enters 13 a Final Approval Order. The Settlement must be administered, implemented, defended and enforced 14 until its benefits have been delivered to all eligible Class members. Therefore, the fee request includes 15 an amount reserved for necessary work that must be completed. This work will include: (1) guiding 16 17 Class members through the settlement administration and allocation process; (2) consulting with the 18 Credit Impact Damages Experts on implementing their methodology, a process that is ongoing; (3)

19 coordinating with third parties, including the Consumer Reporting Agencies, in order to implement the

20 Credit Impact Damages methodology; (4) defending the Settlement; (5) working with the Settlement 21 Administrator to ensure the Settlement terms are carried out and to address any Class members’ 22 concerns and communications; (6) developing and negotiating statements of work as between the 23 Consumer Reporting Agencies and Wells Fargo; (7) developing and negotiating pricing agreements 24 25 between Consumer Reporting Agencies, Wells Fargo, and FICO; and (8) developing and negotiating 26 proprietary information and confidentiality agreements between the Consumer Reporting Agencies,

27 Wells Fargo, and the Credit Impact Damages Experts. 28 No. 15-cv-02159-VC 33 DECLARATION OF DEREK W. LOESER IN SUPPORT OF FINAL APPROVAL, SERVICE AWARDS, AND FEES AND COSTS Case 3:15-cv-02159-VC Document 186 Filed 01/19/18 Page 35 of 42

1 131. The Plan of Allocation, and in particular the CID analysis and implementation, is highly

2 complex and time consuming. In addition, there are millions of potential Class members. The Consumer 3 Reporting Agencies themselves have indicated that running their portion of the CID analysis will take 4 approximately one year. We anticipate that it will take at least sixteen months from the claims deadline 5 to complete the CID analysis, and process and pay all Claims. If there is an appeal, the litigation could 6 7 go on substantially beyond that time. 8 132. Based on related work performed between preliminary approval and the present, KR

9 conservatively estimates that it will require an additional 2,500 mixed partner/associate/paralegal hours 10 to complete the tasks summarized above. The actual amount of time necessary to complete these tasks 11 may be substantially more than this amount. Indeed, during the interval between preliminary approval 12 and the present, we have billed approximately 400 hours per month on these tasks. However, we expect 13 that over time, as the CID and other settlement allocation issues are resolved, time per month should 14 15 (but will not necessarily) decrease.

16 ADDITIONAL RATE INFORMATION

17 133. The blended rate for time billed by Keller Rohrback timekeepers is $585.41 per hour. As 18 a blended rate, this number incorporates the current hourly rates of relevant timekeepers which range 19 from $710-995 for partners; $400-650 for associates, and $225-325 for paralegals and other 20 professionals. See Ex. B. 21 22 134. A significant amount of time in this case was devoted to high-level negotiations directly 23 with Wells Fargo counsel and with the mediators. As discussed above, these negotiations extended over

24 many months. This work was by necessity performed by me and two other Keller Rohrback partners,

25 Managing Partner Lynn Sarko and Gretchen Freeman Cappio. Typically, in large class action cases, 26 more of the work is performed by non-partner professionals. That was not possible in this case. 27 28 No. 15-cv-02159-VC 34 DECLARATION OF DEREK W. LOESER IN SUPPORT OF FINAL APPROVAL, SERVICE AWARDS, AND FEES AND COSTS Case 3:15-cv-02159-VC Document 186 Filed 01/19/18 Page 36 of 42

1 135. Keller Rohrback’s hourly rates are reviewed and adjusted annually. Based on our regular

2 monitoring of prevailing market rates charged by attorneys of comparable skill, experience, and 3 qualifications in the San Francisco Bay Area and other major metropolitan areas, we adjust our rates so 4 that they are in line with those charged by counsel preforming similar national class action work. Our 5 rates are substantially lower than a number of firms, but consistent with many others. 6 7 136. I have reviewed fee petitions and orders from other class actions in this district and 8 throughout the nation, and I have confirmed that our rates are market rates—that is, they are comparable

9 to, and in some cases lower than, rates charged by other firms performing similar work. See, e.g., In re 10 NCAA Grant-in-Aid Cap Antitrust Litig., No. 14-MD-02541-CW, 2017 WL 6040065, at *9 (N.D. Cal. 11 Dec. 6, 2017) (approving attorney rates from $295 to $950, and noting that “[a]ll of these rates are well 12 within the range of $200 to $1,080 charged by attorneys in California in 2015, as shown by a reputable 13 survey of billing rates”); Rainbow Bus. Solutions v. MBF Leasing LLC, No. 10-CV-01993-CW, 2017 14 15 WL 6017844, at *2 (N.D. Cal. Dec. 5, 2017) (finding that attorney hourly rates from $275 to $950 were

16 “reasonable and commensurate with those charged by attorneys with similar experience who appear in

17 this Court”); De la Torre v. CashCall, Inc., No. 08-CV-03174-MEJ, 2017 WL 5524718, at *11 (N.D. 18 Cal. Nov. 17, 2017) (finding attorney rates up to $900 per hour reasonable); In re Volkswagen “Clean 19 Diesel” Mktg., Sales Practices, & Prod. Liab. Litig., MDL No. 2672 CRB, 2017 WL 1047834, at *5 20 (N.D. Cal. Mar. 17, 2017) (finding a lodestar cross-check supports the reasonableness of Class 21 22 Counsel’s requested fees and approving partner billing rates ranging from $275 to $1600); Gutierrez v. 23 Wells Fargo Bank, N.A., No. 07-CV-05923-WHA, 2015 WL 2438274, at *5 (N.D. Cal. May 21, 2015)

24 (finding attorney rates from $300 to $975 per hour comparable to those with similar skill in experience

25 in geographic area); see also Declaration of Robert H. Klonoff Related to Class Settlement Approval, 26 Attorneys’ Fees, Costs, and Incentive Payment at ¶¶ 132-138 (collecting cases). 27 28 No. 15-cv-02159-VC 35 DECLARATION OF DEREK W. LOESER IN SUPPORT OF FINAL APPROVAL, SERVICE AWARDS, AND FEES AND COSTS Case 3:15-cv-02159-VC Document 186 Filed 01/19/18 Page 37 of 42

1 137. In addition, for purposes of awarding fees and performing a lodestar cross-check, our

2 then current and historical rates have been approved by courts in numerous other class actions 3 throughout the country, including recently by Judge Breyer in the Volkswagen litigation. See, e.g., 4 Volkswagen, 2017 WL 1047834, at *5 (granting fee request and using lodestar cross-check rates that 5 included Keller Rohrback’s rates); Order and Final Judgment, Hodges v. Bon Secours Health Sys., Inc., 6 7 No. 16-CV-01079-RDB (D. Md. Dec. 21, 2017), ECF 117 (same); Order and Final Judgment, Lann v. 8 Trinity Health Corp., No. 14-CV-02237-PJM (D. Md. May 31, 2017), ECF 111 (same); Griffith v.

9 Providence Health & Servs., No. 14-CV-1720-JCC, 2017 WL 1064392, at *2 (W.D. Wash. Mar. 21, 10 2017) (approving Keller Rohrback’s usual and customary fees); Order Awarding Attorney’s Fees and 11 Litigation Expenses, La. Firefighters’ Ret. Sys. v. N. Trust Invs., N.A., No. 09-CV-07203 (N.D. Ill. Aug. 12 5, 2015), ECF 499 (same); Keithly v. Intelius, Inc., Case No. 09-CV-01485-RSL, 2013 WL 12064876, 13 at *3 (W.D. Wash. Nov. 21, 2013) (approving percentage-of-fund award and cross-checking it using 14 15 Keller Rohrback’s regular hourly rates); Order Granting Plaintiff’s Counsel’s Application for Award of

16 Attorney’s Fees and Incentive Awards for Named Plaintiffs, Cason-Merendo v. Detroit Med. Ctr., Case

17 No. 06-CV-15601-GER (E.D. Mich. Oct. 24, 2013), ECF 823 (approving percentage-of-fund award 18 cross-checked against hourly rates); Order and Final Judgment Granting Private Plaintiffs’ Counsels’ 19 Motion for Award of Attorneys’ Fees, In re Beacon Assocs. Litig., No. 09-CV-00777-LBS (S.D.N.Y. 20 May 29, 2013), ECF 485 (approving Keller Rohrback attorneys’ rates). 21 22 138. Finally, I note that this case was defended by top-notch counsel at a preeminent firm, 23 Munger, Tolles & Olson LLP (MTO). Rates charged by MTO attorneys also indicate that KR’s hourly

24 rates are comparable to rates charged by other firms performing similar work. According to publicly

25 available documents, rates of MTO attorneys in 2016 and 2017 range from $400 to $1,225 per hour, and 26 rates of MTO paraprofessionals in 2016 and 2017 range from $230 to $350 per hour. Monthly Fee 27 Statement of Munger, Tolles & Olson LLP, Ex. C, In re Gymboree Corp., No. 17-32986 (KLP) (Bankr. 28 No. 15-cv-02159-VC 36 DECLARATION OF DEREK W. LOESER IN SUPPORT OF FINAL APPROVAL, SERVICE AWARDS, AND FEES AND COSTS Case 3:15-cv-02159-VC Document 186 Filed 01/19/18 Page 38 of 42

1 E.D. Va. Oct. 12, 2017), ECF 702; Second Interim Fee Application of Munger, Tolles & Olson LLP, Ex.

2 E, In re Linn Energy, LLC, No. 16-60040 (DRJ) (Bankr. S.D. Tex. Apr. 12, 2017), ECF 1919. 3 I. Litigation Expenses Advanced by Counsel 4 139. Keller Rohrback incurred significant expenses in this matter. All expenses are tracked by 5 our accounting department on a real-time basis and all are supported by invoices or other appropriate 6 documentation, which are kept and maintained in the ordinary course of our business. These are straight 7 8 expenses; Keller Rohrback does not mark these up in any way. By category, these expenses are: 9 10 11 12 13 14 15 16 17 18 140. With regard to these expenses, Wells Fargo agreed to pay up to $1 million “in fees 19 incurred by Class Counsel’s independent expert on Credit Impact Damages.” See SA ¶ 2.42. The parties 20 have further agreed, and the Court has approved, that Mr. Stockton will submit his invoices to the 21 Qualified Settlement Fund (QSF) and that Wells Fargo will pay the QSF to cover those invoices up to $1 22 23 million. Transcript, Telephonic Hearing, Oct. 5, 2017, 22:12-23:25; SA ¶¶ 2.16, 7.3. KR has already

24 paid $72,625.48 of Mr. Stockton’s fees (included above in the “Expert Witness/Consultant” category)

25 that are ultimately owed by Wells Fargo, so we respectfully request that the Court reimburse KR for this 26 amount from the QSF with the understanding that Wells Fargo will reimburse the QSF per the 27 arrangement just noted. 28 No. 15-cv-02159-VC 37 DECLARATION OF DEREK W. LOESER IN SUPPORT OF FINAL APPROVAL, SERVICE AWARDS, AND FEES AND COSTS Case 3:15-cv-02159-VC Document 186 Filed 01/19/18 Page 39 of 42

1 141. Keller Rohrback retained several distinguished experts who assisted with Plaintiffs’

2 litigation planning, damages modeling, settlement design, and settlement implementation and approval 3 motion, including Professor Thomas J. Stipanowich; Lynn Baker (Austin Law and Economic 4 Consultants); Edward M. Stockton and Sanford Weisberg (The Fontana Group); and Professor Robert 5 Klonoff. Each expert submitted one or more declarations in the case. 6 7 J. Reaction of the Class and Objections 8 142. As stated above, Keller Rohrback has received approximately 1,300 calls and emails

9 from Class members to date. The response to the settlement has been overwhelmingly positive. For

10 example, these five Class members granted permission for their comments to Keller Rohrback to be 11 shared with the Court: 12 • “Thank you for always being professional, always getting right back to me whenever I 13 call, and answering all of the questions that I have!” - Louise Panarello, Chula Vista, CA 14 15 • “Thank you for being so helpful and explaining it so well. I know your time is valuable. I

16 will complete the claim form and send it in. I am grateful for you taking the time to help.

17 Merry Christmas.” - Freeman Godwin, Wilmington, North Carolina 18 • “Thanks for responding to my question promptly, you are very professional and helpful!” 19 - Shakira Wilson, St. Louis, Missouri 20 • “You’ve been so friendly and understanding, God Bless You! Thanks for fighting for the 21 22 little guy!” - Veda Martin, New York, New York

23 • “I am so appreciative of you and your company. . . . I feel so Blessed right now. I am

24 even crying. I will be lifting up your name and the company’s name to Jesus this Sunday 25 at Church. . . . Also, the rep that listened to me on the phone the other day when I called, 26 it might have been you, was a phenomenal listener. I appreciate that as well.” – Freda 27 Clark, Plumas Lake, California 28 No. 15-cv-02159-VC 38 DECLARATION OF DEREK W. LOESER IN SUPPORT OF FINAL APPROVAL, SERVICE AWARDS, AND FEES AND COSTS Case 3:15-cv-02159-VC Document 186 Filed 01/19/18 Page 40 of 42

1 143. We have noticed a particular news cycle or event causes an uptick in the number of Class

2 member communications with Keller Rohrback. For example, when Class members have received 3 potentially confusing communications from Wells Fargo, such as when Wells Fargo sent remediation 4 checks from another Settlement to its customers, we were contacted by more Class members than usual. 5 Likewise, when there have been headlines about the number of accounts potentially impacted by this 6 7 Settlement, Keller Rohrback noticed a spike in class member communications with our firm. 8 144. We were informed by Rust for the first time on January 19, 2018, that there has been a

9 significant projected increase in the cost of administering the Settlement due in part to call volume. 10 145. Attached as Exhibit C-1 is a true and correct copy of an objection and opt-out form and 11 two Claim Forms we received from Class member Simone Celestin. 12 146. Attached as Exhibit C-2 is a true and correct copy of an objection we received from Class 13 member Tonika Williams. 14 15 147. Attached as Exhibit C-3 is a true and correct copy of an objection we received on behalf

16 of Class member Evelyn Horton, who is the mother of Tonika Williams.

17 148. My colleagues reached out to Ms. Celestin and Ms. Williams, stating that they did not 18 wish to interfere with the Class members’ right to object, but simply wanted to answer any questions the 19 Class members might have. After conversations with Class Counsel, the Class members stated that they 20 planned to withdraw their objections, although none has officially withdrawn their objection in writing. 21 22 149. Attached as Exhibit C-4 is a true and correct copy of an objection and opt-out form we 23 received from Class member Roberto Rizzi. My colleagues have attempted to reach out to Mr. Rizzi, but

24 have not yet been able to speak with him.

25 150. Attached as Exhibit C-5 is a true and correct copy of an objection and opt-out form we 26 received from Class member Janeice Moore. 27 28 No. 15-cv-02159-VC 39 DECLARATION OF DEREK W. LOESER IN SUPPORT OF FINAL APPROVAL, SERVICE AWARDS, AND FEES AND COSTS Case 3:15-cv-02159-VC Document 186 Filed 01/19/18 Page 41 of 42

1 151. Attached as Exhibit C-6 is a true and correct copy of four objections and Claim Form we

2 received from Class member Destiny Lynn Alcorn. 3 152. Attached as Exhibit C-7 is a true and correct copy of an objection we received from Class 4 member Dan Leroy Wagner. My colleagues have attempted to contact Mr. Wagner but have not yet 5 been able to reach him. 6 7 153. Attached as Exhibit D is a true and copy of a list of individuals who have opted out of the 8 Settlement.

9 154. Class Counsel, in consultation with the Settlement Administrator, decided to treat 10 simultaneously filed objections and opt outs as opt outs, so as to preserve the Class members’ right to 11 file a separate action. 12 K. Conclusion 13 Throughout the case, my colleagues and I have been dedicated to obtaining the best result 14 15 possible for the Class. We encountered numerous challenges, but through diligence, creativity, and 16 persistence achieved a Settlement we are proud to present for approval.

17 I declare under penalty of perjury under the laws of the United States of America that the

18 foregoing is true and correct. 19 Executed this 19th day of January, 2018, at Seattle, Washington. 20 21 /s/ Derek W. Loeser 22 Derek W. Loeser 23 24 25 26 27 28 No. 15-cv-02159-VC 40 DECLARATION OF DEREK W. LOESER IN SUPPORT OF FINAL APPROVAL, SERVICE AWARDS, AND FEES AND COSTS Case 3:15-cv-02159-VC Document 186 Filed 01/19/18 Page 42 of 42

1 CERTIFICATE OF SERVICE 2 3 I, Derek W. Loeser, hereby certify that on this 19th day of January, 2018, I electronically filed 4 Declaration of Derek W. Loeser in Support of Plaintiffs’ Motion for Preliminary Approval of

5 Class Action Settlement and for Certification of a Settlement Class with the Clerk of the United

6 States District Court for the Northern District of California using the CM/ECF system, which shall send 7 electronic notification to all counsel of record. 8 9 /s/ Derek W. Loeser 10 Derek W. Loeser 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 No. 15-cv-02159-VC 41 DECLARATION OF DEREK W. LOESER IN SUPPORT OF FINAL APPROVAL, SERVICE AWARDS, AND FEES AND COSTS Case 3:15-cv-02159-VC Document 186-1 Filed 01/19/18 Page 1 of 96

EXHIBIT A 800-776-6044 | [email protected] |www.krcomplexlit.com SEATTLE OAKLAND Case 3:15-cv-02159-VCDocument186-1Filed01/19/18Page2of96 NEWYORK PHOENIX SANTABARBARA RONAN

COMPLEX LITIGATION Case 3:15-cv-02159-VC Document 186-1 Filed 01/19/18 Page 3 of 96

ABOUT KELLER ROHRBACK

Devoted to Justice “[Keller Rohrback] has performed an important public service in this action and has done so efficiently and with integrity…[Keller Rohrback] has also worked creatively and diligently to obtain a settlement from WorldCom in the context of complex and difficult legal questions…” In re WorldCom, Inc. ERISA Litigation (Judge Cote)

Keller Rohrback’s lawyers excel by being prepared and persuasive. It’s a simple formula that combines our strengths: outstanding writing and courtroom skill, together with unparalleled passion and integrity. We have recovered billions of dollars for our clients and have served as lead counsel in many prominent cases, including numerous financial crisis cases against Wall Street banks and mortgage originators. Our lawyers are recognized as leaders in their fields who have dedicated their careers to combating corporate fraud and misconduct. We have the talent as well as the financial resources to litigate against Fortune 500 companies—and do so every day.

Who We Are

Keller Rohrback’s Complex Litigation Group has a national reputation as the go-to plaintiffs’ firm for large-scale, complex individual and class action cases. We represent public and private investors, businesses, governments and individuals in a wide range of actions, including securities fraud, fiduciary breach, antitrust, whistleblower, environmental and product liability cases. Our approach is straightforward—we represent clients who have been harmed by conduct that is wrong, and we litigate with passion and integrity to obtain the best results possible. Every case is different, but we win for the same reason: we are persuasive. When you hire us, you hire smart, creative lawyers who are skilled in court and in negotiations.

Founded in 1919, Keller Rohrback’s 72 attorneys and over 100 staff members are based in six offices across the country in Seattle, Oakland, Santa Barbara, Phoenix, New York, and Ronan. Over the past century, our firm has built a distinguished reputation by providing top-notch representation. We offer exceptional service and a comprehensive understanding of federal and state law nationwide. We also are well known for our abilities to collaborate with co-counsel and to work together to achieve outstanding results—essential skills in large- scale cases in which several firms represent the plaintiffs. We pride ourselves on our reputation for working smartly with opposing counsel, and we are comfortable and experienced in coordinating high-stakes cases with simultaneous state and federal government investigations. Keller Rohrback attorneys earn the respect of our colleagues and our opponents through our deft handling of the array of complex issues and obstacles our clients face.

SEATTLE OAKLAND NEW YORK PHOENIX SANTA BARBARA RONAN 800-776-6044 | [email protected] | www.krcomplexlit.com Case 3:15-cv-02159-VC Document 186-1 Filed 01/19/18 Page 4 of 96

ABOUT KELLER ROHRBACK

What We Do

Keller Rohrback’s Complex Litigation Group represents plaintiffs in large-scale cases involving corporate wrongdoing. We litigate against companies that pollute, commit fraud, fix prices and take advantage of consumers, employees, and investors. We are passionate advocates for justice. In addition, the Complex Litigation Group regularly calls on attorneys in the firm’s other practice areas for expertise in areas such as bankruptcy, constitutional law, corporate transactions, financial institutions, insurance coverage and intellectual property. Our group’s access to these in-house resources distinguishes Keller Rohrback from other plaintiffs’ class action firms and contributes to the firm’s success. We also have a history of working with legal counsel from other countries to vigorously pursue legal remedies on behalf of clients around the globe.

We have won verdicts in state and federal courts throughout the nation and have obtained judgments and settlements on behalf of clients in excess of $23.25 billion dollars. Courts around the country have praised our work, and we are regularly appointed lead counsel in nationally prominent class action cases. Our work has had far-reaching impacts for our clients in a variety of settings and industries, creating a better, more accountable society.

Who We Serve

We represent individuals, institutions, and government agencies. The common denominators of our clients is a desire to see justice done—and to be represented by attorneys who practice law with integrity, honesty, and devotion to serving our clients’ interests.

“Despite substantial obstacles to recovery, Keller Rohrback was willing to undertake the significant risks presented by this case…Class Counsel achieved real and substantial benefits for members of the Class. [Their] extensive prior experience in complex class action securities litigation… enabled the Class to analyze and achieve this excellent result.” Getty v. Harmon (SunAmerica Securities Litigation) (Dwyer, J.).

SEATTLE OAKLAND NEW YORK PHOENIX SANTA BARBARA RONAN 800-776-6044 | [email protected] | www.krcomplexlit.com Case 3:15-cv-02159-VC Document 186-1 Filed 01/19/18 Page 5 of 96

ANTITRUST AND TRADE REGULATION

Keller Rohrback’s antitrust and trade regulation practice represents ATTORNEYS Plaintiffs in state and federal courts to ensure that consumers getthe Lynn Lincoln Sarko benefits of free and fair competition in the marketplace. Keller Rohrback has successfully litigated cases on behalf of both consumers and businesses Raymond Farrow who have been harmed by illegal anti-competitive conduct, such as price fixing, Mark Griffin price discrimination, misleading and deceptive marketing practices, and the Amy N.L. Hanson monopolization and attempted monopolization of markets. Cari Campen Laufenberg Elizabeth A. Leland For decades, Keller Rohrback has served as lead counsel, on MDL executive Tana Lin committees, and in other prominent roles in large price-fixing and price Ryan McDevitt discrimination cases. Karin Swope REPRESENTATIVE CASES Nurse Wage Litigation: Fleischman v. Albany Medical Center; Cason-Merenda v. Detroit Medical Center (N.D.N.Y.); (E.D. Mich.)

Keller Rohrback was Co-Lead Counsel in these long-running antitrust actions which recovered $105 million in underpaid wages resulting from an alleged conspiracy among hospitals to set the compensation of their nurse employees in Albany, New York, and Detroit, Michigan. Ferko v. National Ass’n For Stock Car Auto Racing, Inc., No. 02-50 (E.D. Tex.)

Keller Rohrback was Counsel for Plaintiff, a shareholder in Texas Motor Speedway (TMS), in a lawsuit that charged NASCAR with breach of contract, unlawful monopolization, and conspiring with International Speedway Corporation (ISC) to restrain trade in violation of the antitrust laws. The settlement agreement allowed TMS to purchase North Carolina Speedway from ISC and required NASCAR to sanction a Nextel Cup Series race at TMS in the future, relief that was valued at $100.4 million. In re Vitamins Antitrust Litigation, MDL No. 1285 (D.D.C.)

Keller Rohrback played a significant role in litigating this MDL case, one of the largest and most successful antitrust cases in history. Chief Judge Thomas Hogan certified two classes of businesses who directly purchased bulk vitamins and were overcharged as a result of a ten-year global price-fixing and market-allocation conspiracy. Recoveries for the class through settlement and verdict totaled over $1 billion. In re Online DVD Rental Antitrust Litigation, MDL No. 2029 (N.D. Cal.)

Keller Rohrback represented purchasers of online DVD rental services accusing Wal-Mart and Netflix of engaging in a market allocation scheme. The class achieved settlements of over $30 million.

“The Court has repeatedly stated that the lawyering in the case at every stage was superb, and does again.” In re Linerboard Antitrust Litigation, MDL No. 1261, 2004 WL 1221350 *6 (E.D. Pa. June, 2 2004) (DuBois, J.).

SEATTLE OAKLAND NEW YORK PHOENIX SANTA BARBARA RONAN 800-776-6044 | [email protected] | www.krcomplexlit.com Case 3:15-cv-02159-VC Document 186-1 Filed 01/19/18 Page 6 of 96

ANTITRUST AND TRADE REGULATION

REPRESENTATIVE CASES continued

Johnson v. Arizona Hospital and Healthcare Association, No. 07-1292 (D. Ariz.) In approving a settlement, Keller Rohrback represented agency nurses who worked Judge Alan McDonald stated, at various Arizona hospitals seeking to recover the “[T]he Court is impressed underpayment of wages resulting from a conspiracy to by the manner in which the suppress the cost of agency nurses. The class achieved issues have been addressed, settlements of more than $26 million. the action has been initiated and resolved; and that is, of Molecular Diagnostics v. Hoffman-La Roche, course, an accolade to the Inc., No. 04-1649 (D.D.C.) attorneys on both sides of the Keller Rohrback served on the Executive Committee of issue. And, of course, that is the this class action lawsuit on behalf of direct purchasers of underlying basis for the Court’s thermus aquaticus DNA polymerase (Taq), an essential approval. No one has more input to technologies used to study DNA. The lawsuit alleged respect for the art of settlement that various Hoffman-La Roche entities, in concert with the than the incumbent of this Perkins Elmer Corp., fraudulently procured a patent for bench. It is the most difficult Taq with the intent and effect of illegally monopolizing the of all undertakings by trial Taq market. The court approved a $33 million settlement lawyers, and settlement always in 2008. recognizes their composite judgment, oftentimes of Daisy Mountain Fire District v. Microsoft Corp., nuances which are impossible MDL No. 1332 (D. Md.) to articulate. So given the caliber of the attorneys involved Keller Rohrback obtained a settlement in excess of $4 on both sides of this matter, million on behalf of a class of Arizona governmental entities the Court is satisfied that if it is that indirectly purchased operating systems and software good enough for them, it should from Microsoft for overcharges resulting from Microsoft’s be good enough for the Court.” monopolistic practices. The settlement returned millions In re Soft Drink Bottling Antitrust of dollars to local government entities at a time of severe Litigation (E.D. Wash. 1990). budget crisis in the state. Transamerican Refining Corporation v. Dravo Corp., No. 88-789 (S.D. Tex.)

Keller Rohrback served as Co-Lead Counsel in this class action filed on behalf of all cost-plus purchasers of specialty steel pipe. Fabricators and suppliers of that pipe were sued on allegations of a nationwide price fixing conspiracy. The class, comprised mainly of owners of electric generating plants and oil refineries, achieved a settlement of more than $49 million.

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APPELLATE PRACTICE

Appeals require specialized skills and experience, and Keller Rohrback has ATTORNEYS a seasoned appellate team that includes award-winning brief writers and Lynn Lincoln Sarko outstanding oral advocates. Our appellate expertise is particularly important in large cases, including complex class actions. Keller Rohrback has the experience T. David Copley and talent to handle any issue that arises involving interlocutory appeals and will Ben Gould work to ensure that any judgment or settlement is affirmed on appeal. Ron Kilgard Cari Campen Laufenberg REPRESENTATIVE CASES Jeffrey Lewis Derek Loeser Clarke v. Baptist Memorial Healthcare Corp., --F. App’x-- Gretchen Obrist (6th Cir. 2016) Erin Riley Keller Rohrback overturned the district court’s denial of intervention, thus allowing Matthew Preusch our clients to challenge an earlier denial of class certification. Karin Swope Baker v. Microsoft Corp., 797 F.3d 607 (9th Cir. 2015) In this proposed class action arising from a defect in Microsoft’s Xbox 360, Keller Rohrback persuaded the Ninth Circuit that the trial court had erred by striking the class allegations from the complaint. Alcantara v. Bakery & Confectionary Union, 751 F.3d 71 (2d Cir. 2014) Keller Rohrback successfully defended the trial court’s decision and judgment that the Defendants had unlawfully reduced pension benefits. Gates v. UnitedHealth Group Inc., 561 F. App’x 73 (2d Cir. 2014) Keller Rohrback persuaded the Second Circuit to reverse the district court’s dismissal of our client’s claims for medical coverage. Wurtz v. Rawlings Co., 761 F.3d 232 (2d Cir. 2014) Keller Rohrback submitted an amicus brief on behalf of the New York State Trial Lawyers Association in support of the appellants. The Second Circuit cited the amicus brief and adopted much of its reasoning in reversing the trial court. Heckman v. Williamson County, 369 S.W.3d 137 (Tex. 2012) Keller Rohrback represented a proposed class of indigent criminal Defendants who challenged the constitutionality of a number of pretrial procedures. Keller Rohrback persuaded the Texas Supreme Court to reverse the Texas Court of Appeals and allow the Plaintiffs to proceed with their claims. Braden v. Wal-Mart Stores, Inc., 588 F.3d 585 (8th Cir. 2009) Keller Rohrback represented a class of Wal-Mart employees who alleged that Wal-Mart’s 401(k) plan charged them excessive fees. Keller Rohrback convinced the Eighth Circuit to reverse the trial court and reinstate the employees’ claims. In re Syncor ERISA Litigation, 516 F.3d 1095 (9th Cir. 2008) Keller Rohrback represented a group of workers who alleged that their employer had violated the law by investing their retirement savings in the employer’s stock. Keller Rohrback convinced the Ninth Circuit to reverse the dismissal of the trial court and reinstate the workers’ claims.

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BANKRUPTCY-RELATED LITIGATION

Keller Rohrback attorneys have deep and broad experience litigating in the ATTORNEYS bankruptcy courts on behalf of debtors, creditors, and creditor committees, Laurie Ashton as well as on behalf of Plaintiffs whose claims were interrupted by bankruptcy petitions. Our experience includes representing class claimants in numerous Gary A. Gotto large-scale bankruptcies. These representations have involved virtually all areas of Christopher Graver sophisticated bankruptcy practice, including: (i) pursuing relief from an automatic to litigate claims in district court; (ii) filing and opposing orders to withdraw the reference to the bankruptcy court; (iii) certifying a claimant class in bankruptcy; (iv) asserting rights to officer, director, or fiduciary insurance policies between conflicting bankruptcy claimants; (v) evaluating and negotiating proposals for debtor financing, cash collateral orders, estate sale orders and other bankruptcy administrative matters; (vi) defending against subordination claims, and; (vii) negotiating acceptable terms of a plan of reorganization with the debtors’ committee, creditors’ committees, and other constituencies. Keller Rohrback’s bankruptcy attorneys also have extensive experience in a wide variety of matters involving corporate restructuring and commercial bankruptcies. Our bankruptcy clients range from tort claimants to operating entities to institutional lenders. Examples include representation of the official committee of victims of clergy sexual abuse inthe Chapter 11 reorganization of a Catholic diocese, the debtors in a reorganization of fifty commercial real properties across the nation; and a national services company in the acquisition of a competitor’s assets in a bankruptcy court-approved sale in the Northern District of California. In addition to the representative cases listed below, Keller Rohrback has achieved similar results in numerous other bankruptcy proceedings involving corporations such as Global Crossing Ltd., Mirant Corp., Delphi Corp., and Fremont General Corp. REPRESENTATIVE CASES In re Enron Corp., No. 01-16034 (Bankr. S.D.N.Y.) Keller Rohrback obtained stay relief to pursue litigation in the Southern District of Texas and defended against a motion to subordinate claims. Keller Rohrback achieved a settlement for the class that included the allowance of a $265 million claim in the Enron bankruptcy. In re WorldCom, Inc., Nos. 02 Civ. 3288(DLC), 02 Civ. 8981(DLC) (Bankr. S.D.N.Y.) Keller Rohrback defended against a motion to subordinate claims and successfully negotiated a simultaneous resolution of claims in the bankruptcy and district courts against third parties in the total amount of $48 million. In re Nortel Networks, Inc., No. 09-10138(KG) (Bankr. D. Del.) Keller Rohrback represented class claimants in simultaneous insolvency proceedings in Canada under the Companies’ Creditors Arrangement Act and bankruptcy court in the District of Delaware. Keller Rohrback obtained stay relief to pursue litigation in the Middle District of Tennessee and ultimately settled class claims in Tennessee for over $21 million. In re Washington Mutual, Inc., No. 08-12229(MFW) (Bankr. D. Del.) Keller Rohrback sought stay relief to pursue litigation in the Western District of Washington and pursued claims in bankruptcy court in Delaware, resulting in a simultaneous resolution of claims in the bankruptcy and district courts for $20 million.

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CONSUMER PROTECTION CLASS ACTIONS

For decades, consumers have ATTORNEYS trusted the attorneys of Keller Lynn Lincoln Sarko Rohrback to protect them Derek Loeser from harmful and unfair trade practices. Our firm is a leader in Gretchen Freeman Cappio representing consumers in class T. David Copley action lawsuits in diverse areas, Juli Farris including vehicles, children’s Raymond Farrow products, food contamination, Eric Fierro drugs, mortgage modifications, Laura Gerber identity theft, and data breaches. Mark Griffin Keller Rohrback currently represents Amy N.L. Hanson a wide range of consumers, such as David Ko vehicle owners and lessees, parents, Cari Campen Laufenberg environmentalists, fishermen, employees, professors, doctors, and nurses. Elizabeth A. Leland Through decades of hard work, ingenuity, and creativity, Keller Rohrback has Tana Lin achieved meaningful results for decades. These results impact not just our clients, Derek Loeser but future consumers too; for example, homeowners now benefit from improved Ryan McDevitt loan-modification practices at one of the country’s biggest banks as a result of our Daniel Mensher advocacy. Michael Meredith Keller Rohrback attorneys are frequently featured speakers and presenters at Gretchen Obrist prestigious legal education seminars on class actions, consumer protection, and Lisa Faye Petak data privacy. Matthew Preusch Mark D. Samson REPRESENTATIVE CASES Chris Springer In re Volkswagen “Clean Diesel” Marketing, Sales Practices, and Karin B. Swope Products Liability Litigation, MDL No. 2672 (N.D. Cal.) Havila C. Unrein Keller Rohrback filed the first multi-Plaintiff complaint against Volkswagen on Gabe Verdugo September 20, 2015, two days after the defeat device scheme came to light. Our clients Amy Williams-Derry are consumers nationwide who allege they have been damaged by Volkswagen’s Michael Woerner fraudulent use of an emissions “defeat device” in over 500,000 vehicles in the United States and over eleven million worldwide. Keller Rohrback Managing Partner Lynn Sarko serves on the Plaintiffs’ Steering Committee for this national litigation. Jabbari v. Wells Fargo & Company, No. 15-2159 (N.D. Cal.)

Keller Rohrback filed a class action lawsuit against Wells Fargo alleging the bank victimized its customers by opening checking, savings and credit card accounts, and lines of credit without customers’ authorization. Keller Rohrback negotiated a $142 million settlement on behalf of consumers, which requires Wells Fargo to refund fees charged to unauthorized accounts, compensate consumers for increased borrowing costs due to credit damage, and provide other substantial compensation. The settlement was preliminarily approved on July 8, 2017, and Keller Rohrback was appointed Class Counsel. Final approval is pending.

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CONSUMER PROTECTION CLASS ACTIONS

REPRESENTATIVE CASES continued

In re JPMorgan Chase Mortgage Modification concerning the sending of unsolicited facsimiles in violation Litigation, MDL No. 2290 (D. Mass.) of the Washington Telephone Consumer Protection Act, resulting in the issuance of eleven permanent injunctions Keller Rohrback served as Co-Lead Counsel in this MDL, and the recovery of over $56 million on behalf of injured representing homeowners who attempted to obtain Plaintiffs. mortgage loan modifications from JPMorgan Chase and related entities. Plaintiffs alleged breach of contract and Ormond v. Anthem, Inc., No. 05-1908 (S.D. violations of consumer protection laws when Defendants Ind.) failed to timely evaluate or approve mortgage modification Anthem Insurance converted from a mutual company to a applications of homeowners who had completed identified stock company on November 2, 2001. More than 700,000 prerequisities. Keller Rohrback achieved a settlement for former members of the mutual company sued Anthem, the class valued at over $500 million. alleging that the cash compensation they received as a In re Bisphenol-A (BPA) Polycarbonate Plastic result of the demutualization was inadequate. After class Products Liability Litigation, MDL No. 08- certification and shortly before the start of trial, Keller 1967 (W.D. Mo.) Rohrback and co-counsel settled the action for $90 million. Keller Rohrback served on the Plaintiffs’ Steering Committee Corona v. Sony Pictures Entertainment, Inc., in this MDL on behalf of purchasers of plastic baby bottles No. 14-9600 (C.D. Cal.) and “sippy” cups which contained the chemical bisphenol-A (BPA). The action was favorably settled. Keller Rohrback serves as interim Co-Lead Counsel and Liaison Counsel in this case against Sony Pictures In re Mattel, Inc., Toy Lead Paint Products Entertainment, Inc. on behalf of former and current Sony Liability Litigation, MDL No. 1897 (C.D. Cal.) employees affected by the company’s highly publicized Keller Rohrback served as Chair of the Executive Committee data breach. Plaintiffs alleged that Sony failed to secure in this nationwide MDL against Mattel and Fisher-Price and protect its computer systems, servers, and databases, on behalf of purchasers of toys recalled because they resulting in the release of the named Plaintiffs and other were manufactured using lead paint and/or dangerous class members’ personal information. Keller Rohrback magnets. On behalf of Plaintiffs, Keller Rohrback achieved obtained a significant settlement for the class in October a settlement valued at approximately $50 million. 2015, which was approved in April 2016. Brotherson v. Professional Basketball Club, Iacovelli v. SBTickets.com, LLC, No. 15-1459 L.L.C., No. 07-1787 (W.D. Wash.) (Maricopa Cnty. Super. Ct., Ariz.)

Keller Rohrback represented Seattle Sonics season ticket Keller Rohrback filed a class action in Arizona state court holders who renewed their 2007–2008 season ticket on behalf of individuals who paid for, but did not receive, packages before the team was relocated to Oklahoma tickets to the 2014 Super Bowl (Super Bowl XLIX) from the City. After Plaintiffs prevailed on summary judgment, the ticket broker SBTickets. Despite purchasing tickets and parties negotiated a significant settlement that returned receiving numerous representations that their tickets were substantial sums to the class. guaranteed, SBTickets customers were told just days before Telephone Consumer Protection Act Cases, the game, and in some instances, only hours before kickoff, (King Cnty. Super. Ct., Wash.) that their ticket orders would not be fulfilled. The case was settled on favorable terms for the class notwithstanding Keller Rohrback prosecuted numerous class actions the Defendant’s insolvency and bankruptcy proceedings.

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EMPLOYEE BENEFITS

Keller Rohrback is the preeminent firm for Employee Retirement Income ATTORNEYS Security Act of 1974 (ERISA) and other benefit class action litigation.Our firm Lynn Lincoln Sarko is a pioneer of ERISA class action litigation, with over a billion dollars of pension and health benefits recovered for our clients. Keller Rohrback has played a major Derek Loeser role in developing the law and establishing that ERISA’s strict fiduciary duties Laurie Ashton apply to all investments in company-sponsored retirement plans, as well as to Gretchen Freeman Cappio benefits in health and welfare plans. T. David Copley Alison Gaffney Keller Rohrback is routinely appointed lead or co-lead counsel in major employee Laura Gerber benefit class actions. Our work in this complex and rapidly developing area has Matthew Gerend been praised by our clients, our co-counsel, and federal courts. Managing a Gary Gotto complex, large-scale employee benefit case requires knowledge of employee benefit, securities, accounting, corporate, bankruptcy, and class action law. Keller Benjamin Gould Rohrback has excelled in these cases by developing a deep understanding of Amy N. L. Hanson ERISA and by drawing on our expertise in numerous related practice areas. Dean N. Kawamoto Ron Kilgard Keller Rohrback attorneys are frequently featured speakers and presenters at David Ko prestigious legal education seminars on employee benefit class actions and Tanya Korkhov ERISA. Cari Campen Laufenberg Elizabeth A. Leland REPRESENTATIVE CASES Jeffrey Lewis Whetman v. IKON Office Solutions, Inc., MDL No. 1318 (E.D. Ian Mensher Pa.) Gretchen Obrist David Preminger The wave of 401(k) company stock cases began with Whetman v. IKON Office Erin Riley Solutions, Inc. In a first-of-its-kind complaint, we alleged that company stock was Karin B. Swope an imprudent investment for IKON’s 401(k) plan, that the fiduciaries of the plan Havila C. Unrein failed to provide complete and accurate information concerning company stock to the participants, and that they failed to address their conflicts of interest. This Amy Williams-Derry case resulted in ground-breaking opinions in the ERISA 401(k) area of law on motions to dismiss, class certification, approval of securities settlements with a carve-out for ERISA claims, and approval of ERISA settlements providing a total recovery to the Plans of $111 million. Judge Katz granted final approval of the settlement on August 9, 2002. In re Enron Corp. ERISA Litigation, MDL No. 1446 (S.D. Tex.) Keller Rohrback served as Co-Lead Counsel in this class action filed in the Southern District of Texas. After groundbreaking motions to dismiss decisions and several years of discovery, Keller Rohrback negotiated four separate settlements with different groups of Defendants, resulting in recoveries of over $264 million for the class. Judge Melinda Harmon approved the fifth and final settlement on February 23, 2007.

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EMPLOYEE BENEFITS

REPRESENTATIVE CASES continued

In re Lucent Technologies, ERISA Litigation, In re AIG ERISA Litigation, No. 04-9387 No. 01-3491 (D.N.J.) (S.D.N.Y.) Keller Rohrback served as Co-Lead Counsel in this class Keller Rohrback served as Co-Lead Counsel in this class action brought on behalf of participants and beneficiaries action filed in the Southern District of New York on behalf of of the Lucent defined contribution plans who invested in participants and beneficiaries of the AIG 401(k) retirement Lucent stock. A settlement providing injunctive relief and plans who invested in AIG stock. A settlement providing for the payment of $69 million to the plan was approved by injunctive relief and the payment of $25 million to the plans Judge Joel Pisano on December 12, 2003. was approved by Judge Kevin T. Duffy on October 8, 2008. In re WorldCom, Inc. ERISA Litigation, No. 02- In re AIG ERISA Litigation II, No. 08-5722 4816 (S.D.N.Y.) (S.D.N.Y.) Keller Rohrback served as Lead Counsel in this class Keller Rohrback served as Co-Lead Counsel in this class action filed in the Southern District of New York on behalf of action filed in the Southern District of New York on behalf participants and beneficiaries of the AIG 401(k) retirement of participants and beneficiaries of the WorldCom 401(k) plans who invested in AIG stock. A settlement providing Salary Savings Plan who invested in WorldCom stock. for injunctive relief and the payment of $40 million to the Settlements providing for injunctive relief and payments of plans was approved by Judge Laura Swain on September over $48 million to the plan were approved by Judge Denise 18, 2015. Cote on October 26, 2004 and November 21, 2005. Alvidres v. Countrywide Financial Corp., No. 07-5810 (C.D. Cal.) Keller Rohrback served as Lead Counsel in this class “[Keller Rohrback] has performed an action filed on behalf of participants and beneficiaries of important public service in this action the Countrywide 401(k) plan who invested in Countrywide and has done so efficiently and with stock. A settlement providing for injunctive relief and the integrity…[Keller Rohrback] has also payment of $55 million to the plan was approved by Judge worked creatively and diligently to obtain a John F. Walter on November 16, 2009. settlement from WorldCom in the context of complex and difficult legal questions… In re CMS Energy ERISA Litigation, No. 02- [Keller Rohrback] should be appropriately 72834 (E.D. Mich.) rewarded as an incentive for the further Keller Rohrback served as Co-Lead Counsel in this class protection of employees and their pension action filed in the Eastern District of Michigan on behalf plans not only in this litigation but in all of participants and beneficiaries of the CMS defined ERISA actions.” In re WorldCom, Inc. ERISA contribution plans who invested in CMS stock. A settlement Litigation, No. 02-4816, 2004 WL 2338151, providing injunctive relief and a payment of $28 million to *10 (S.D.N.Y. Oct. 18, 2004) (Cote, J.). the plan was approved by Judge George Caram Steeh on December 27, 2004.

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EMPLOYEE BENEFITS

REPRESENTATIVE CASES continued

In re Dynegy, Inc. ERISA Litigation, No. 02- In re Household International, Inc. ERISA 3076 (S.D. Tex.) Litigation, No. 02-7921 (N.D. Ill.) Keller Rohrback served as Co-Lead Counsel in this class Keller Rohrback served as Co-Lead Counsel in this class action filed in the Southern District of Texas on behalf action filed in the Northern District of Illinois on behalf of of participants and beneficiaries of the Dynegy defined participants and beneficiaries of Household’s retirement contribution plans who invested in Dynegy stock. A plans who invested in Household stock. A settlement settlement providing injunctive relief and a payment of providing injunctive relief and a payment of $46.5 million $30.75 million to the plan was approved by Judge Sim Lake to the plan was approved by Judge Samuel Der-Yeghiayan on March 5, 2004. on November 22, 2004. In re Fremont General Corporation Litigation, In re Merck & Co., Inc. “ERISA” Litigation, MDL No. 07-2693 (C.D. Cal.) No. 1658 (D.N.J.) Keller Rohrback served as Lead Counsel in this class Keller Rohrback served on the Co-Lead Counsel Committee action filed in the Central District of California on behalf of in this class action filed in the District of New Jersey on behalf participants and beneficiaries of the Freemont 401(k) plan of participants and beneficiaries of Merck’s retirement who invested in Fremont stock. A settlement providing plans who invested in Merck stock. A settlement providing injunctive relief and a payment of $21 million to the plan injunctive relief and a payment of $49.5 million to the plan was approved by Judge Jacqueline Nguyen on August 10, was approved by Judge Stanley R. Chesler on November 29, 2011. 2011. In re Global Crossing, Ltd. ERISA Litigation, No. In re Merrill Lynch & Co., Inc. Securities, 02-7453 (S.D.N.Y.) Derivative & ERISA Litigation, No. 07-10268 Keller Rohrback served as Co-Lead Counsel in this class (S.D.N.Y.) action filed in the Southern District of New York on Keller Rohrback served as Co-Lead Counsel in this class behalf of participants and beneficiaries of the GX defined action filed in the Southern District of New York on behalf contribution plans who invested in GX stock. A settlement of participants and beneficiaries of Merrill Lynch’s defined providing injunctive relief and a payment of $79 million to contribution plans who invested in Merrill Lynch stock. A the plan was approved by Judge Gerard Lynch on November settlement providing injunctive relief and a payment of $75 10, 2004. million to the plans was approved by Judge Jed S. Rakoff on August 21, 2009. In re HealthSouth Corp. ERISA Litigation, No. 03-1700 (N.D. Ala.) In re State Street Bank and Trust Co. ERISA Keller Rohrback served as Lead Counsel in this class action Litigation, No. 07-8488 (S.D.N.Y.) filed in the Northern District of Alabama on behalf of Keller Rohrback served as Co-Lead Counsel in this ERISA participants and beneficiaries of HealthSouth’s retirement breach of fiduciary duty class action filed in the Southern plans who invested in HealthSouth stock. A settlement District of New York brought on behalf of participants providing injunctive relief and a payment of $28.875 million and beneficiaries in the company’s retirement plans. A to the plan was approved by Judge Bowdre on June 28, settlement providing a payment of $89.75 million was 2006. approved by Judge Richard J. Holwell on February 19, 2010.

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EMPLOYEE BENEFITS

REPRESENTATIVE CASES continued

Overall v. Ascension Health, No. 13-11396 In re Xerox Corporation ERISA Litigation, No. (E.D. Mich.) 02-1138 (D. Conn.) Keller Rohrback served as Co-Lead Counsel in this lawsuit Keller Rohrback served as Co-Lead Counsel in this ERISA that alleged Defendants’ claim that the Ascension pension breach of fiduciary duty class action in the District of plans are exempt from ERISA’s protections because it Connecticut on behalf of participants and beneficiaries is a “church plan” is improper because, among other in the company’s retirement plans who invested in Xerox things, Ascension Health is not a church, or a convention stock. A settlement providing for equitable relief plus a or association of churches, and the Ascension Pension payment of $51 million to the plans was approved by Judge Plans were not established by a church or a convention Alvin Thompson on April 14, 2009. or association of churches. A settlement providing for equitable relief, plus payment of $8 million to the plans was approved by Judge Avern Cohn on April 14, 2015. Keller Rohrback continues to litigate a number of similar cases throughout the country, challenging Defendants’ claims that their pension plans are exempt from ERISA. “The Court finds that [Keller Rohrback] is experienced and In re Washington Mutual, Inc. ERISA Litigation, qualified counsel who is generally No. 07-1874 (W.D. Wash.) able to conduct the litigation as lead Keller Rohrback served as Co-Lead Counsel in this ERISA counsel on behalf of the putative breach of fiduciary duty class action filed in the Western class. Keller Rohrback has significant District of Washington on behalf of participants and experience in ERISA litigation, serving beneficiaries in the company’s retirement plans who as co-lead counsel in the Enron ERISA invested in Washington Mutual stock. On January 7, 2011, litigation, the Lucent ERISA litigation, Judge Marsha J. Pechman granted final approval of the $49 and the Providian ERISA litigation, million settlement in the ERISA action. and experience in complex class In re Williams Companies ERISA Litigation, No. action litigation in other areas of law” 02-153 (N.D. Okla.) In re Williams Cos. ERISA Litigation, Keller Rohrback served as Lead Counsel in this ERISA breach No. 02-153, 2002 U.S. Dist. LEXIS of fiduciary duty class action filed in the Northern District of 27691, *8 (N.D. Okla. Oct. 28, 2002) Oklahoma on behalf of participants and beneficiaries in the (Holmes, J.). company’s retirement plans who invested in Williams stock. A settlement providing a payment $55 million in cash, plus equitable relief, was approved by Judge Terence C. Kern on November 16, 2005.

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EMPLOYEE BENEFITS

REPRESENTATIVE CASES continued

Fish v. Greatbanc Trust Company, No. 09-1668 (N.D. Ill.) Keller Rohrback represents participants in the Antioch ESOP in this lawsuit filed in the Northern District of Illinois. Plaintiffs allege that Defendants breached their ERISA fiduciary duties by allowing the Antioch Company to redeem the Antioch shares of non-ESOP shareholders for more than they were worth, leaving the Antioch ESOP as the sole shareholder of a company with a greatly reduced value.

Potter v. ConvergEx, No. 13-9150 (S.D.N.Y.) Keller Rohrback serves as Co-Counsel in this lawsuit filed in “[T]he Court expressly finds that the [Keller Rohrback] attorneys the Southern District of New York that alleges Defendants added considerable value violated ERISA by “double-charging” for transition to the prosecution of these management and brokerage services. Defendants claims through their briefing, funneled trade orders to an offshore subsidiary broker preparation, and courtroom located in Bermuda, which created a “spread” between appearances. . . . The [Keller the actual investment price and the reported price by Rohrback] attorneys were skilled adding markups/markdowns. While the reported price was and knowledgeable in ESOP litigation . . . .” Perez v. Bruister, confirmed with customers, the actual price was undisclosed 2015 WL 5712883, at *4 (S.D. and constituted unauthorized additional compensation. Miss. 2015) (Jordan, J.) Rader v. Bruister, No. 13-1081 (S.D. Miss.) This case alleges breach of fiduciary duty and prohibited transactions in connection with the purchase by the Bruister Company ESOP of shares from its founder. In 2014, Keller Rohrback obtained a judgment for approximately $6.5 million after a lengthy bench trial. Collection actions are proceeding on the existing judgment. Defendants appealed the judgment. The appeal was fully briefed and argued in 2015.

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ENVIRONMENTAL LITIGATION

Attorneys in Keller Rohrback’s Complex Litigation Group have successfully ATTORNEYS represented individuals, class members, municipalities, and nonprofit Lynn Lincoln Sarko organizations in complex and critical environmental litigation. In cases involving oil spills, mishandled hazardous waste, contaminated consumer products, Derek Loeser and industrial pollution, Keller Rohrback works to protect human health and the Gretchen Freeman Cappio environment. The firm combines its unparalleled experience in consumer protection Alison Chase and its deep knowledge of environmental law, making Keller Rohrback a worldwide Dean Kawamoto leader in litigation to safeguard our environment and the people and animals that Daniel Mensher rely on it. Ian Mensher Matthew Preusch Chris Springer REPRESENTATIVE CASES Amy Williams-Derry Michael Woerner In re Volkswagen “Clean Diesel” Marketing, Sales Practices, and Products Litigation, No. 3:15-md-02672 (N.D. Cal.) Keller Rohrback filed the first multi-plaintiff complaint against Volkswagen on September 20, 2015, two days after the defeat device scheme came to light. Our clients are consumers nationwide who allege they have been damaged by Volkswagen’s fraudulent use of an emissions “defeat device” in over 500,000 vehicles in the United States and over eleven million worldwide. Keller Rohrback’s Lynn Sarko serves on the Plaintiffs’ Steering Committee for this national litigation. In re Exxon Valdez, No. 89-95 (D. Alaska) Keller Rohrback was trial counsel representing fishermen, landowners, and businesses located in Prince William Sound in their action against Exxon to recover damages caused by the Exxon Valdez oil spill. A federal jury awarded a $5 billion judgment in favor of Keller Rohrback clients. At the time, it was the largest punitive damages verdict in U.S. history. Additional claims against the Alyeska Pipeline Service Company were settled for $98 million. More than 25 years after the tragic spill, the Exxon Valdez spill is still considered one of the most devastating human-caused environmental disasters. In addition, Keller Rohrback Managing Partner Lynn Sarko was appointed to serve as the Administrator of the Exxon and Alyeska Qualified Settlement Funds. Andrews v. Plains All American Pipeline, No. 2:15-04113 (C.D. Cal.) Keller Rohrback serves as co-lead counsel representing fisherman, fish processors, and others affected by the May 2015 spill from Plains All American’s Line 901 pipeline in Santa Barbara County. The oil spill contaminated pristine beaches, closed critical fishing grounds, and damaged natural resources throughout the region. Keller Rohrback seeks Photo: Mark Colman compensation for victims of the spill for their present and future damages and to hold Plains accountable for the harm it caused to the local economy and environment.

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ENVIRONMENTAL LITIGATION

REPRESENTATIVE CASES continued

Meeker v. Bullseye Glass Co., No. 16CV07002 (Multnomah Cnty. Cir. Ct., Oregon) Keller Rohrback has filed the first and only complaint against Bullseye Glass company for contaminating a residential neighborhood in Portland Oregon by emitting hazardous levels of arsenic, cadmium, lead, chromium, and other toxic materials from its facility. Despite using thousands of pounds a year of dangerous heavy metals, Bullseye Glass has used no pollution control technology at all for more than four decades. Using innovative air and soil monitoring, Keller Rohrback is helping this neighborhood to protect itself and hold Bullseye accountable for the harm it has caused. Photo: Mark Colman Wishtoyo Foundation v. Magic Mountain, No. 2:12-05600 (C.D. Cal.) and that the chemicals caused property damage and non-Hodgkin’s lymphoma cancers affecting numerous Keller Rohrback worked with a team of environmental residents. The matter involved complex scientific issues lawyers on behalf of Los Angeles-based clients who related to hydrogeology, chemical migration pathways, successfully negotiated a groundbreaking settlement aquifer dynamics, clean-up methods, and contaminant with Six Flags Magic Mountain to address its stormwater degradation. The litigation resolved prior to trial after pollution discharged to the Santa Clara River. The settlement lengthy evidentiary hearings at which Plaintiffs received significantly reduced the amount of heavy metals and other favorable Daubert rulings. pollutants entering the Santa Clara from the amusement park by requiring the facility to install state-of-the-art Clean Water Act Enforcement – General technology, develop and implement a comprehensive site Magnaplate management plan, and fully comply with the Clean Water In partnership with the non-profit Environmental Defense Act. Additional monetary payments made by Six Flags as a Center, one of the oldest environmental organizations in result of the case are being used to perform critical habitat the United States, Keller Rohrback L.L.P. helped reach a restoration and mitigation projects along the Santa Clara final settlement with General Magnaplate California to River. control the significant pollutants the company discharged Mapleton Groundwater Litigation via stormwater into the fragile Santa Clara River. Under (Ruff v. Ensign-Bickford Industries, Inc.), the settlement, General Magnaplate agreed to implement enhanced storm water management measures at its No. 2:99-120B (D. Utah) electroplating facility to ensure that storm water runoff Keller Rohrback attorneys successfully litigated a series does not contain high levels of pollutants that pose a threat of groundwater contamination suits against multiple to human health and the environment. These measures international Defendants accused of releasing hazardous include installing effective treatment technology and chemicals into the watershed over six decades. The suits repairing paved surfaces. In addition, General Magnaplate were brought on behalf of individuals and their families will contribute $15,000 to the Rose Foundation for against Defendants who owned a former explosives plant in Communities and the Environment to be used to improve Mapleton, Utah. The Plaintiffs alleged that improper waste the water quality in the Santa Clara River watershed. disposal caused contaminants to seep into the groundwater

SEATTLE OAKLAND NEW YORK PHOENIX SANTA BARBARA RONAN 800-776-6044 | [email protected] | www.krcomplexlit.com Case 3:15-cv-02159-VC Document 186-1 Filed 01/19/18 Page 18 of 96

GOVERNMENTS AND MUNICIPALITIES

Keller Rohrback has successfully represented government entities in a wide ATTORNEYS range of complex litigation. Whether fighting environmental contamination, Lynn Lincoln Sarko combating antitrust activities, or recovering hundreds of millions of dollars from misleading investments, Keller Rohrback knows how to work effectively and Derek Loeser collaboratively with and for government clients. Our unparalleled experience Laurie B. Ashton in consumer protection, antitrust and other areas of law—plus our hands-on, Gretchen Freeman Cappio cooperative approach to litigation—have made our firm an effective partner for Alison Chase governments, sovereign nations and government-sponsored entities (GSEs). Juli Farris Mark Griffin REPRESENTATIVE CASES Dean N. Kawamoto David Ko King County vs. Opioid Manufacturers; City of Tacoma vs. Opioid Daniel Mensher Manufacturers Matthew Preusch Keller Rohrback filed complaints on behalf of the City of Tacoma and King County Karin Swope in Washington State against Purdue, Endo and Janssen, three of the biggest manufacturers of prescription opioids in the United States. The suit was filed to Amy Williams-Derry hold Purdue, Endo and Janssen accountable for an opioid epidemic that is having devastating consequences in Tacoma, King County and across the country. For over 20 years, the Defendants allegedly provided false and misleading information to doctors and patients about the safety and efficacy of prescription opioids. Keller Rohrback is working closely with Tacoma and King County officials to catalogue the damages and build comprehensive cases against these pharmaceutical companies. State of Oregon v. Monsanto Company et al., No. 18CV00540 (Multnomah Cnty. Cir. Ct., Oregon) Keller Rohrback, and the State of Oregon filed suit against Monsanto seeking to hold the chemical giant responsible for the toxic contamination it created across the state. Monsanto, the sole manufacturer of Polychlorinated Biphenyls (commonly known as PCBs), hid the dangers of this widely used suite of chemicals. PCBs are found in river sediments and measured in the tissues of fish and wildlife throughout the state. Oregon’s Attorney General, Ellen Rosenblum, appointed Keller Rohrback attorneys Amy Williams-Derry, Derek Loeser and Daniel Mensher, along with attorneys from law firm Stoll Berne, as Special Assistant Attorneys General to represent the state in this critical litigation. The Republic of the Marshall Islands v. United States of America et al., No. 14-1885 (N.D. Cal.) Keller Rohrback represented the Republic of the Marshall Islands (RMI) in an action for breach of the Treaty on the Non- Proliferation of Nuclear Weapons and also represented the RMI in cases at the International Court of Justice against the United Kingdom, India, and Pakistan, for breach of treaty and violations of customary international law. For this ground- breaking work, Keller Rohrback was nominated by the International Peace Bureau for the 2016 Nobel Peace Prize as part of the legal team, together with the RMI’s former Foreign Minister, Tony deBrum. Federal Home Loan Bank Litigation Keller Rohrback has represented several Federal Home Loan Banks (“FHLBs”) in mortgage-backed securities litigation across the country against dozens of issuers, underwriters, and sponsors of these complex instruments. Representing these GSEs simultaneously in multiple state and federal courts has required us to approach coordinated, complex litigation by mastering the law of various jurisdictions and pressing similar claims, albeit under different governing law, in multiple fora at the same time. The FHLB complaints named more than 120 defendants and involved over 200 securities with a collective original face value of over $13 billion. The relief sought by the FHLBs includes rescission and damages under state blue sky laws and the federal securities laws. We have recovered hundreds of millions of dollars on behalf of our clients to date.

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GOVERNMENTS AND MUNICIPALITIES

REPRESENTATIVE CASES continued

The Navajo Nation v. Urban Outfitters, Inc., et for the aluminum sulfate they purchased during the long al., No. 12-00197 (D. N.M.) life of this conspiracy. The complaints seek to recover the money the municipalities paid in excess of the competitive Keller Rohrback represented the Navajo Nation against price for LAS, and to ensure that such companies do not Urban Outfitters and its Anthropologie and Free People abuse the public bidding process again for their own gains. subsidiaries, alleging that these retailers infringed the Nation’s trademarks by marketing inauthentic jewelry, King County v. Lexington Insurance Co., Allied handbags, flasks, and clothing using the NAVAJO mark. A World Assurance Co., Inc., and CH2M Hill. No. settlement resolved the Nation’s claims, and the parties 15-2-03541 (Wash. Super. Court) agreed to enter a supply agreement that requires Urban Keller Rohrback represented King County, Washington, Outfitters to purchase authentic goods from tribal in a multi-million-dollar insurance coverage and bad faith artisans. lawsuit arising from a disaster at the County’s Brightwater Daisy Mountain Fire District v. Microsoft Corp., Wastewater Treatment Facility. Our litigation returned MDL No. 1332 (D. Md.) millions of dollars to the taxpayers and allowed the County to upgrade its treatment facility to prevent future Keller Rohrback obtained a settlement in excess of $4 malfunctions. million on behalf of a class of Arizona governmental entities that indirectly purchased operating systems and software Village of Rockton, Illinois vs. Sonoco Products from Microsoft for overcharges resulting from Microsoft’s Company, Case No. 14-50228 (N.D.Ill.) monopolistic practices. The settlement returned millions Keller Rohrback represented the Village of Rockton in its of dollars to local government entities at a time of severe efforts to make Sonoco Products Company, a paper and budget crisis in the state. plastics manufacturing company, clean up the toxic mess it In re Liquid Aluminum Sulfate Antitrust left when it abandoned its facility in the heart of the Village. Litigation, MDL No. 2687 (D.N.J.) Although the Illinois Environmental Protection Agency concluded that the levels of contamination at the site far In early 2016, Keller Rohrback filed numerous class action exceeded state and federal laws and were threatening to complaints in the federal courts on behalf of several spread to other sites in town and pollute the river, Sonoco municipalities in the states of Washington, California and refused to take any action. That changed, however, when Arizona, including the cities of Tacoma, Everett, Spokane, Keller Rohrback began working on the case. Phoenix, Scottsdale, Mesa and Sacramento. These complaints assert claims against the major manufacturers Using the experience and skills of the attorneys at KR, the of liquid aluminum sulfate (“LAS”) who are alleged to have Village took matters into its own hands and commenced engaged in a conspiracy to artificially inflate the price of this legal action against Sonoco to protect the health and essential chemical used in municipal water treatment. The well-being of its dynamic community. As a result of Keller complaints allege a conspiracy going as far back as 1997 Rohrback’s intervention, Sonoco has cleaned up the site and through at least 2010. As a result of these antitrust and left the Village of Rockton a now safer and better place. violations, municipalities—and their taxpayers—have Our firm is committed to making communities like Rockton allegedly overpaid millions of dollars to the co-conspirators clean and healthy places to live and visit.

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INTERNATIONAL LAW

Keller Rohrback has experience in international forums. Keller Rohrback ATTORNEYS clients included sovereign nations, state and local governments, sovereign Lynn Lincoln Sarko Native American tribes, and quasi-governmental agencies where international agreements or other tort or statutory claims are at issue. Laurie Ashton Alison Chase Keller Rohrback has been honored to represent sovereigns in litigation and Juli Farris arbitration matters involving governmental and business entities. The firm’s Gary A. Gotto attorneys have argued cases in the International Court of Justice and pursued Ian Mensher a breach of treaty claim on behalf of a sovereign nation. Keller Rohrback is also investigating environmental contamination claims on behalf of a sovereign nation.

Keller Rohrback attorneys have also represented clients in international arbitration proceedings, including International Centre for Dispute Resolution and International Chamber of Commerce arbitrations, as well as ad hoc arbitrations conducted under the United Nations Commission on International Trade Law Arbitration Rules. Domestically, these international arbitrations have given rise to related litigation in U.S. courts, including confirmation and enforcement proceedings under the New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards.

In addition, Keller Rohrback attorneys have represented private clients with international interests in civil litigation in U.S. courts, including state and federal courts in California, New York, Illinois, and Texas. Keller Rohrback attorneys have litigated trademark claims on foreign-registered trademarks in several western European countries and have also succeeded in obtaining rulings to conduct depositions and other discovery in Russia for litigation matters pending in the U.S. federal courts. The firm has also represented claimants in insolvency proceedings in Canada, proceeding under the Companies’ Creditors Arrangement Act.

Keller Rohrback is a member firm of several international organizations: the Global Justice Network, a consortium of international counsel working together and across borders for the benefit of victims; the International Financial Litigation Network of attorneys, who handle cross-border litigation in the finance arena; and the Sovereign Wealth Fund Institute, a global organization of asset managers and service providers.

REPRESENTATIVE CASES The Republic of the Marshall Islands v. United States of America et al., No. 14-1885 (N.D. Cal.) Keller Rohrback represented the Republic of the Marshall Islands (RMI) in an action for breach of the Treaty on the Non- Proliferation of Nuclear Weapons and also represented the RMI in cases at the International Court of Justice against the United Kingdom, India, and Pakistan, for breach of treaty and violations of customary international law. For this ground- breaking work, Keller Rohrback was nominated by the International Peace Bureau for the 2016 Nobel Peace Prize as part of the international legal team, together with the RMI’s former Foreign Minister, Tony deBrum.

SEATTLE OAKLAND NEW YORK PHOENIX SANTA BARBARA RONAN 800-776-6044 | [email protected] | www.krcomplexlit.com Case 3:15-cv-02159-VC Document 186-1 Filed 01/19/18 Page 21 of 96

SECURITIES AND FINANCIAL FRAUD

Keller Rohrback enjoys a national reputation for excellence in prosecuting ATTORNEYS securities and financial fraud matters. We represent a variety of investors Lynn Lincoln Sarko ranging from classes of individuals to large institutions. Many of our cases reflect recent financial scandals: we are pursuing claims against a group of international Derek Loeser banks for rigging LIBOR; we represent investors in connection with their purchases Jerald Bien-Willner of billions of dollars of mortgage-backed securities; and we pursued claims on Alison Chase behalf of employee benefit plans in connection with the Madoff Ponzi scheme. Juli Farris While our experience is diverse, our approach is simple and straightforward: we Eric Fierro master the factual and legal bases for our claims with a focus on providing clear Matthew Gerend and concise explanations of the financial fraud and why our clients are entitled to Gary A. Gotto recover. Benjamin Gould Mark Griffin Dean N. Kawamoto REPRESENTATIVE CASES & SUCCESSES Ron Kilgard Federal Home Loan Bank Litigation David Ko Elizabeth A. Leland Keller Rohrback has played a prominent role in large securities fraud and other Ryan McDevitt investment cases litigated across the country involving mortgage-backed securities. Ian Mensher Keller Rohrback has been retained by several Federal Home Loan Banks (FHLBs) to pursue securities and common law claims against dozens of issuers, underwriters, Michael W. Meredith and sponsors of mortgage-backed securities. The FHLB complaints named more Gretchen Obrist than 120 defendants and involved over 200 securities with a collective original face David S. Preminger value of $13 billion. The relief sought by the FHLBs includes rescission and damages Erin Riley under state blue sky laws and the federal securities laws. We have recovered Karin B. Swope hundreds of millions of dollars on behalf of our clients to date. Havila C. Unrein Amy Williams-Derry In re the Bank of New York Mellon (as Trustee), No. 651786/2011 (N.Y. Sup. Ct.) Keller Rohrback was a member of the three-firm steering committee addressing significant mortgage repurchase issues that impacted institutional investors. Keller Rohrback represented certificate holders who intervened in a proposed $8.5 billion settlement initiated by Bank of New York Mellon, as Trustee of 530 Countrywide mortgage-backed securities trusts. Our firm played a lead role in discovery and the eight-week bench trial in New York contesting the fairness of the settlement. The objection we pursued and tried was the only objection that the trial court sustained. In re LIBOR-Based Financial Instruments Antitrust Litig., No. 11-2262 (S.D.N.Y.) Keller Rohrback represents institutional funds pursuing antitrust claims based on the manipulation of the London Interbank Offered Rate (LIBOR) by the international panel of banks entrusted to set that rate. Multiple government investigations have revealed that certain panel banks manipulated LIBOR to mislead the markets and investors about the state of their financial health. The case is in discovery. Diebold v. Northern Trust Investments, N.A., No. 09-1934 (N.D. Ill.) Keller Rohrback was Class Counsel in this class action litigation against Northern Trust alleging that Northern Trust imprudently structured and managed its securities lending program by improperly investing cash collateral in long term debt, residential mortgage-backed securities, SIVs, and other risky and illiquid assets. On August 7, 2015, Judge Susan E. Cox approved the

SEATTLE OAKLAND NEW YORK PHOENIX SANTA BARBARA RONAN 800-776-6044 | [email protected] | www.krcomplexlit.com Case 3:15-cv-02159-VC Document 186-1 Filed 01/19/18 Page 22 of 96

SECURITIES AND FINANCIAL FRAUD

SUCCESSES continued allocation plan for a $36 million settlement. Madoff Direct & Feeder Fund Litigation: Louisiana Firefighters’ Retirement System v. Hartman v. Ivy Asset Management LLC, Northern Trust Investments, N.A., No. 09- No. 09-8278 (S.D.N.Y.) 7203 (N.D. Ill.) Keller Rohrback successfully litigated this direct action on behalf of the trustees of seventeen employee benefit plans Keller Rohrback is Co-Lead Counsel in this securities damaged by the Madoff Ponzi scheme. The action alleged lending litigation, a class action brought on behalf of that Ivy Asset Management and J.P. Jeanneret Associates, four public retirement systems alleging that Northern Inc. breached their fiduciary duties under ERISA by causing Trust breached its fiduciary and contractual duties to the plans to be invested directly or indirectly in Madoff investors when it imprudently structured and managed its funds. Keller Rohrback obtained a settlement of over $219 securities lending program by improperly investing cash million in this case and related actions, including claims collateral in long-term debt, residential mortgage-backed brought by the United States Secretary of Labor and the securities, SIVs, and other risky and illiquid assets, rather New York Attorney General. than conservative, liquid investments. Plaintiffs allege that Northern Trust’s imprudent management of the collateral In re IKON Office Solutions, Inc. Securities pools caused Plaintiffs and other investors to suffer Litigation, MDL No. 1318 (E.D. Pa.) hundreds of millions of dollars in losses. On May 6, 2011, Keller Rohrback served as Co-Lead Counsel representing the Honorable Robert W. Gettleman denied in significant the City of Philadelphia and eight other lead Plaintiffs in part Defendants’ motion to dismiss. Plaintiffs also this certified class action alleging securities fraud. Class successfully defeated Defendants’ third party complaint. counsel achieved the highest securities fraud settlement at The Court thereafter approved a partial settlement of that time in the Eastern District of Pennsylvania by settling $24,000,000 in cash, plus interest earned thereon, which with Defendant IKON Office Solutions, Inc. for $111 million. represents settlement of the indirect lending claims of The settlement was listed as one of the “largest settlements settlement class members. in class-action securities-fraud lawsuits since Congress In re Bank of New York Mellon Corp. Forex reformed securities litigation in 1995” by USA Today. Transactions Litigation, No. 12-2335 (S.D.N.Y.) In re Apple Computer, Inc. Derivative Litigation, Keller Rohrback served as Lead ERISA Counsel in this class No. 06-4128 (N.D. Cal.) action against the Bank of New York Mellon arising from Keller Rohrback served on the Management Committee its undisclosed charges for Standing Instruction Foreign in this federal derivative shareholder action against Currency (“SI FX”) transactions. Plaintiffs allege that from nominal Defendant Apple Computer, Inc. and current and January 12, 1999 to the present, Bank of New York Mellon former directors and officers of Apple. Plaintiffs pursued breached its fiduciary duties by failing to prudently and breach of fiduciary duty, unjust enrichment, and gross loyally manage the Plan’s foreign currency transactions mismanagement claims arising from backdated stock in the best interests of the participants, failing to disclose options granted between 1993 and 2001, which diverted fully the details of the relevant SI FX transactions it was millions of dollars of corporate assets to Apple executives. undertaking on behalf of the Plans, and engaging in We achieved a settlement that awarded $14 million—one prohibited transactions. In March 2015, a global resolution of the largest cash recoveries in a stock backdating case— of the private and governmental enforcement actions and that required Apple to adopt a series of unique and was announced in which $504 million will be paid back to industry-leading corporate enhancements. BNY Mellon customers—$335 million of which is directly attributable to funds received in the class litigation.

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Lynn Lincoln Sarko is a master strategist and litigator who leads Keller Rohrback’s nationally-recognized Complex Litigation Group. One of the nation’s top attorneys in complex litigation, Lynn does not just help clients win—he helps them win what they want. Through smart, efficient strategy and tailored, creative problem solving, Lynn and his team accomplish the best outcomes while minimizing costs and maximizing value. Lynn’s diverse experience enables him to think outside the box to resolve complex cases. He regularly interacts with international business interests, representing sovereign nations and institutional clients seeking to recover investment losses caused by financial fraud and other malfeasance. He is currently involved in several matters involving complex derivatives and specialty investment products. Lynn is the driving force behind Keller Rohrback’s membership with the Sovereign Wealth Fund Institute, a global LYNN LINCOLN organization of leading asset managers and service providers engaged in the SARKO public investor community. He represents clients with regard to regulatory investigations and issues involving state and federal supervisory agencies and has litigated actions involving several of the nation’s largest accounting and CONTACT INFO investment firms. Lynn is part of the team representing the City of Tacoma in 1201 Third Avenue, Suite 3200 its fight to hold opioid manufacturers accountable. Seattle, WA 98101 Lynn has led the firm’s securities and retirement fund practice for over 25 (206) 623-1900 years and regularly serves as lead counsel in multiparty individual and class action cases involving ERISA, antitrust, securities, breach of fiduciary duty and [email protected] other investment fraud issues. Other law firms often hire him as settlement counsel in these and other complex cases because of his reputation as PRACTICE EMPHASIS a skilled negotiator. His successes in this area include multimillion dollar • Antitrust & Trade Regulation settlements in the IKON, Anicom, United Companies Financial Corp., and the • Appeals Enron, WorldCom, Global Crossing, Health South, Delphi, Washington Mutual, • Class Actions Countrywide, Lucent, Merrill Lynch, and Xerox consolidated pension and • Constitutional Law retirement plan cases. • Commodities & Futures Courts and professional organizations have honored Lynn for his work on Contracts financial, fiduciary duty, consumer and numerous other high-profile public • Consumer Protection cases. After serving as trial counsel in the Exxon Valdez Oil Spill case, which • Data Breach resulted in a $5 billion punitive damages verdict, Lynn was appointed by the • Employment Law court as Administrator for all funds recovered. He prosecuted the Microsoft • Environmental Litigation civil antitrust case, Vitamin price-fixing cases, the MDL Fen/Phen Diet Drug • Employee Benefits & Litigation, and notable public service lawsuits such as Erickson v. Bartell Drug Retirement Security Co., which established a woman’s right to prescription contraceptive health • Financial Products & Services coverage. • Government & Municipalities Before joining Keller Rohrback, Lynn was an Assistant United States Attorney • Institutional Investors for the District of Columbia, Criminal Division, an associate at the Washington, • Intellectual Property D.C. office of Arnold & Porter, and law clerk to the Honorable Jerome Farris, • International Law United States Court of Appeals for the Ninth Circuit, in Seattle. He has been the managing partner of Keller Rohrback since 1991. • Mass Personal Injury • Securities & Financial Fraud Lynn appears in federal courts from coast to coast, maintaining an active national litigation practice. He counsels and represents consumers, employees • Whistleblower and businesses who have suffered harm resulting from the improper disclosure of proprietary, personal, health and other protected information.

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EDUCATION 2002, U.S. District Court for the Eastern District of Michigan University of Wisconsin 2003, U.S. Court of Appeals for the Fifth Circuit B.B.A., 1977 2003, U.S. Court of Appeals for the Eleventh Circuit University of Wisconsin 2004, U.S. District Court for the Northern District of Illinois M.B.A., 1978, Beta Alpha Psi 2008, U.S. Court of Appeals for the Eighth Circuit University of Wisconsin 2009, U.S. Court of Appeals for the Sixth Circuit J.D., 1981, Order of the Coif; Editor-in-Chief, Wisconsin Law 2010, U.S. District Court for North Dakota Review; Salmon Dalberg Award (outstanding graduate) 2013, U.S. Court of Appeals for the Second Circuit

BAR & COURT ADMISSIONS 2016, U.S. District Court for the Central District of Illinois

1981, Wisconsin 2016, U.S. District Court for the Southern District of Illinois 1981, U.S. Court of Appeals for the Ninth Circuit

1983, District of Columbia HONORS & AWARDS Super Lawyers List, Washington Law & Politics 1983, District of Columbia Appellate Court Avvo Top Tax Lawyer, Washington CEO Magazine 1984, United States Supreme Court Trial Lawyer of the Year, Trial Lawyers for Public Justice 1984, U.S. Court of Appeals for the Seventh Circuit Salmon Dalberg Award 1984, U.S. Court of Appeals for the Fourth Circuit

1984, U.S. Court of Appeals for the Tenth Circuit PROFESSIONAL & CIVIC 1985, U.S. Tax Court INVOLVEMENT 1986, U.S. District Court for the Western District of American Bar Association, Member Washington Bar Association of The District of Columbia, Member 1986, U.S. District Court for the Eastern District of Washington Federal Bar Association, Member

1986, Washington King County Bar Association, Member

1986, U.S. Court of Appeals for the First Circuit State Bar of Wisconsin, Member

1988, U.S. District Court for the Eastern District of Trial Lawyers for Public Justice, Member Wisconsin Washington State Bar Association, Member 1996, U.S. District Court for the Western District of Wisconsin Washington State Trial Lawyers Association, Member

2001, U.S. Court of Appeals for the Third Circuit American Association for Justice, Member

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Social Venture Partners of Santa Barbara, Founding Partner

The Association of Trial Lawyers of America, Member

American Academy of Trial Counsel, Fellow

Editorial Board, Washington State Securities Law Deskbook

SELECTED PUBLICATIONS Thomson/West Webinar, “Stock Drop and Roll: Key Supreme Court Rulings and New Standards in ERISA ‘Stock Drop’ Cases,” July 24, 2014

14th Annual Pension Law, Governance and Solvency Conference, 2013

Canadian Institute’s 14th Annual Advanced Forum on Pension Law, Governance and Solvency, 2013

ERISA Litigation & Regulatory Compliance Congress, 2013

American Conference Institute’s 6th National Forum on ERISA Litigation, 2013

25th Annual ERISA Litigation Conference, 2012

American Conference Institute’s 5th National Forum on ERISA Litigation, 2012

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Laurie Ashton is Of Counsel to Keller Rohrback. Prior to becoming Of Counsel, she was a partner in the Phoenix affiliate of Keller Rohrback. Early in her career, as an Adjunct Professor, she taught semester courses in Lawyering Theory and Practice and Advanced Business Reorganizations. She also served as a law clerk for the Honorable Charles G. Case, U.S. Bankruptcy Court, for the District of Arizona for two years. In complex litigation, Laurie was the lead attorney for Keller Rohrback in a series of successful groundwater contamination suits brought in 1996 against multiple international defendants concerning chemical releases spanning over 60 years. She was also the lead attorney for Keller Rohrback in an ERISA class action suit on behalf of over 21,000 employees who lost a material percentage of their retirement assets at the hands of fiduciaries who maintained the investment of those assets in their own declining company LAURIE ASHTON stock—a case that was, at its time, amongst the largest of its kind in the nation. Laurie has led or been a member of the team leading numerous high profile CONTACT INFO business reorganizations, including a case in which the Court confirmed a 3101 North Central Avenue, Suite reorganization plan over the objection of the international life insurance 1400 company’s feasibility expert, based on Laurie’s cross examination. Phoenix, AZ 85012 Laurie has been active in the State Bar of Arizona where she served on the (602) 248-0088 Ethics Committee for six years. She was also the coauthor of a textbook on [email protected] limited liability companies and partnerships, published by West, and is AV rated by Martindale. PRACTICE EMPHASIS An important part of Laurie’s international work involves the domestic and • Business Reorganizations international legal implications of treaty obligations and breaches. She is lead • Class Action & Consumer counsel for The Republic of the Marshall Islands in its federal court treaty Litigation breach suit against the United States, and a member of the international legal team representing the Marshall Islands in three cases pending at the • Constitutional Law International Court of Justice in The Hague, against the United Kingdom, • Employee Benefits and India and Pakistan. For this work, Laurie is part of the legal team that the Retirement Security International Peace Bureau has nominated, along with the former Foreign • Fiduciary Breach Minister of the Marshall Islands, for the 2016 Nobel Peace Prize. • International Law Laurie is frequently interviewed and has been cited by Reuters, Newsweek, Fox News, Huffington Post, Slate Magazine, Radio New Zealand, Radio Australia, EDUCATION and others. She currently serves as a Trustee of the Santa Barbara Foundation, University of California, San a member of the Human Rights Watch Committee in Santa Barbara, and as Diego a Director of the Global Justice Center in New York, which advances human B.A., 1987, Economics rights pursuit to various international laws, including the Geneva and Genocide Conventions, as well as customary international law. Arizona State University College of Law J.D., 1990, Order of the Coif; Member, Arizona State Law Journal, 1988-1990; Note and Comment Editor, Arizona State Law Journal, 1989-1990; Student Instructor, Legal Research and Writing, 1989- 1990.

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BAR & COURT ADMISSIONS Speaker, United Nations 2015 Review Conference of the Parties to the Treaty on the Non-Proliferation of Nuclear 1990, Arizona Weapons; Panel, Marshall Islands Nuclear Zero Lawsuits 1999, Colorado Speaker, Humanity House, The Hague, “Legal Obligations for Nuclear Disarmament,” March 2016. 2007, Washington, D.C. Speaker, Bertha Von-Suttner Master Class, The Peace 2013, Eastern District of Michigan Palace, The Hague, “Forward Into Light, The Barbarization of Sixth Circuit Court of Appeals the Sky.” Ninth Circuit Court of Appeals Tenth Circuit Court of Appeals U.S. Supreme Court

PROFESSIONAL & CIVIC INVOLVEMENT State Bar of Arizona, Member Colorado Bar Association, Member Washington, D.C. Bar Association, Member Adjunct Professor of Law, Advanced Chapter 11, Arizona State University, 1996 Adjunct Professor of Law, Lawyering Theory & Practice, Arizona State University, 1997 Committee on the Rules of Professional Conduct (“Ethics Committee”), State Bar of Arizona, Member, 1997-2003 Court Appointed Special Advocate, King County, 2007-2009 Santa Barbara Foundation, Trustee Global Justice Center, New York, Director Human Rights Watch Committee, Santa Barbara, Member

PUBLICATIONS & PRESENTATIONS Author, Case Note, Arizona Mortgage and Deed of Trust Anti-Deficiency Statutes: The Underlying Obligation on a Note Secured By Residential Real Property After Baker v. Gardner, 21 Ariz. St. L.J. 465, 470 (1989). Co-Author, Arizona Legal Forms: Limited Liability Companies and Partnerships (1996-2004). Guest Lecturer, Harvard Law School, 1997, 1999, 2001- 2002. Guest Lecturer, Stanford Law School, 2003.

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Gretchen Freeman Cappio serves her clients with the commitment and passion that led her to become an attorney. As a partner in the firm’s nationally-recognized Complex Litigation Group, Gretchen takes cases she truly believes in. Whether the case involves a family who paid a premium for a so-called environmentally-friendly car that spews toxins, a municipality that needs a corporation to clean up its pollution, or children whose families can barely pay for lifesaving medicine, Gretchen gives her clients a powerful voice in the legal system. Gretchen strives to be a lawyer’s lawyer. Physicians, professors, parents, environmentalists, and other attorneys have called on her when they require representation in the face of long odds. Gretchen takes on impactful litigation, and fights for meaningful results. GRETCHEN FREEMAN CAPPIO Currently, Gretchen serves on the leadership team representing Volkswagen, Audi, and Porsche consumers who purchased and leased unlawfully CONTACT INFO polluting vehicles in the multi-billion dollar litigation In re Volkswagen “Clean 1201 Third Avenue, Suite 3200 Diesel” Marketing, Sales Practices, and Products Liability Litig., No. 3:15-md- 2672-CRB (N.D. Cal.). She represented a mid-western town against a paper Seattle, WA 98101 products company that left behind an environmental disaster when it left (206) 623-1900 the community. Following the litigation, the mayor praised the work of [email protected] Gretchen and her colleagues stating, “You were knowledgeable, responsive and genuinely cared about the ’s case.” Additionally, Gretchen represented PRACTICE EMPHASIS parents who discovered their children’s products were unsafe in In re Mattel, Inc., No. 2:07-ML-01897 (C.D. Cal.), multidistrict litigation regarding hazardous, • Consumer Protection lead-contaminated toys. Gretchen’s work on the co-lead counsel team against • Employee Benefits & a major national bank led to the settlement of In re JPMorgan Chase Mortg. Retirement Security Modification Litig., No. 1:11-md-2290 (D. Mass.), resulting in improved home mortgage modification processes for homeowners. • Employment Law In a cutting-edge civil rights case, Gretchen represented plaintiffs inErickson v. • Environmental Litigation Bartell Drug Co., 141 F. Supp. 2d 1266 (W.D. Wash. 2001), a class action brought • Governments & Municipalities on behalf of employees. Erickson established that an employer violated • Financial Products & Services Title VII of the Civil Rights Act when its otherwise-comprehensive insurance coverage plan failed to cover certain prescriptions vital to women. • Mass Personal Injury • Whistleblower Whether representing employees, municipalities, or families, Gretchen fights for justice and has a record of success to prove it. EDUCATION Dartmouth College BAR & COURT ADMISSIONS B.A., magna cum laude, 1995, 1999, Washington Religion, Environmental Studies Certificate, Phi Beta Kappa, 2000, U.S. District Court for the Western District of Washington Foreign Studies: 1992 Germany, 2008, U.S. Court of Appeals for the Eighth Circuit 1994 Kenya 2009, U.S. Court of Appeals for the Ninth Circuit University of Washington 2009, U.S. Supreme Court School of Law J.D., 1999, Executive Comments 2011, U.S. District Court for the Eastern District of Washington Editor, Pacific Rim Law & Policy 2011, U.S. Court of Appeals for the Sixth Circuit Journal, 1998-1999 2015, U.S. District Court for the Eastern District of Michigan

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PROFESSIONAL & CIVIC Actions and Multidistrict Litigation,” April 28, 2017. INVOLVEMENT Panelist, EmoryLaw NextGen Conference and EmoryLaw Fed. Judicial Ctr. and JPML Program, December 14-16, 2016. NextGen Advisory Board at the Emory Law Institute for Complex Litigation and Mass Claims, Member Panelist, HarrisMartin’s MDL Conference, “Settlements in Mass Tort and Class Action Litigation,” July 27, 2016. Global Justice Center, Board Member The Global Justice Center works worldwide and Panelist, American Association for Justice webinar, domestically with women’s rights advocates, grassroots “Dissecting the U.S. Supreme Court Decision in Spokeo,” groups, and policymakers to prevent and respond to Inc. v. Robins, May 26, 2016. gender-based violence. Panelist, Law Seminars International, “VW Diesel Emissions The William L. Dwyer American Inn of Court, Member Litigation: A Case Study of the Interplay Between King County Bar Association, Member Government Regulatory Activity and Consumer Fraud Class Actions,” May 6, 2016. Washington State Bar Association, Member Presenter, PLI Consumer Financial Services Institute 2016, American Bar Association, Member “Data Security & Privacy Issues,” May 12, 2016. Washington Women Lawyers, Member Panelist, HarrisMartin Pharmaceutical and Environmental Washington State Trial Lawyer’s Association, Member Mass Tort Litigation, Class Action and Data Breach Litigation, March 30, 2016. American Association for Justice, Member Panelist, Bridgeport Consumer Class Action Litigation The National Trial Lawyers, Member Conference, “Current State of the Law on Ascertainability Mother Attorney Mentoring Association (MAMAS), Member; and Standing,” January 8, 2016. Founding Board Member, 2006-2008 Panelist, HarrisMartin MDL Conference Volkswagen and Pharmaceutical Update: RICO and Additional Defendants, HONORS & AWARDS December 2, 2015. Selected to Rising Stars list in Super Lawyers - Washington, Panelist, Bridgeport Volkswagen Class Action & MDL 2002, 2009-2012 Seminar – Diesel Emissions Scandal, November 23, 2015. Panelist, HarrisMartin Volkswagen Diesel Emissions PUBLICATIONS & PRESENTATIONS Litigation Conference: RICO and Additional Defendants, October 27, 2015. Presenter, HarrisMartin’s Plaintiff Opioid MDL Conference, “Causation and Science,” January 8, 2018. Panelist, Law Seminars International, The Eleventh Annual Comprehensive Conference on Class Actions, “Data Presenter, HarrisMartin MDL Conference, “Opioid, Equifax Breaches: Cases at the Intersection of Class Actions and & Talcum Powder, Equifax Data Breach: What Happened? Internet Technology,” June 4, 2015. Who Was Impacted? What Are the Damages?,” November Panelist, ABA Section of Dispute Resolution Meeting 29, 2017. 17th Annual Spring Conference, “Solutions in Seattle: A View From the Trenches: What’s Working and What’s Not Presenter, National Consumer Law Center, “Effectively Working with Mediators,” April 16, 2015. Persuading Your Judge,” NCLC Consumer Class Action Symposium, November 18, 2017. Presenter, HarrisMartin Data Breach Litigation Conference, “Coming of Age: The Differences between Employee and Presenter, Practising Law Institute 22nd Annual Consumer Consumer Cases,” March 25, 2015. Financial Services Institute 2017. Presenter, Practising Law Institute, Managing Complex Panelist, Law Seminars International – 13th Annual Litigation 2014: Class Actions; Mass Torts & MDL, October Conference on Litigating, “Settlement Strategies for Class 21, 2014.

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PUBLICATIONS & PRESENTATIONS (CONT) Presenter, Class Action Conference, “Recent Settlement Trends in Class Actions and Multidistrict Litigation: A Detailed Look at the Process for Settling and Administering Settlements: How case law in the past several years is playing out in the courts and in ADR; best practices for designing a settlement that the courts will approve; how to administer the settlement once it is approved,” June 13, 2014. Presenter, Harris Martin’s MDL Conference, “Target Data Security Breach Litigation: Recent Development, Issues in Data Breach Litigation,” March 26, 2014. Presenter, Law Seminars International, Class Actions and Other Aggregate Litigation Seminar: Post-Certification Motion Issues in Class Actions, May 14, 2013. Panelist, Chartis Security & Privacy Seminar, October 20, 2011. Presenter, 20th Annual American Bar Association Tort Trial and Insurance Practice Section Spring CLE Meeting, “Toxic Torts: Toxins In Everyday Products,” April 1, 2011. Gretchen Freeman Cappio, Erosion of Indigenous Right to Negotiate in Australia, 7 Pac. Rim L. & Pol’y J. 405 (1998).

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Alison Chase is a committed legal advocate. Alison practices in Keller Rohrback’s nationally recognized Complex Litigation Group. Her broad litigation experience includes white collar criminal defense, complex commercial litigation, international commercial arbitration, and international litigation. Alison’s diverse experience and interests enable her to advise and guide clients through a wide variety of complex litigation.

Alison is currently part of the litigation team representing several of the Federal Home Loan Banks in mortgage-backed securities litigation. Alison also maintains an active practice in the appellate arena, representing a class of sitting judges as well as the Republic of the Marshall Islands, while also representing private entities in a wide variety of commercial litigation. ALISON CHASE Prior to joining the firm, Alison practiced with Irell & Manella in Los Angeles and O’Melveny & Myers in San Francisco. She also served as a clerk to the Honorable J. Clifford Wallace of the U.S. Court of Appeals, Ninth Circuit and the CONTACT INFO Honorable Valerie Baker Fairbank, U.S. District Judge for the Central District of 801 Garden Street, Suite 301 California. Santa Barbara, CA 93101 At home, Alison stays busy keeping up with her three rescue dogs. (805) 456-1496 [email protected] BAR & COURT ADMISSIONS 2003, California PRACTICE EMPHASIS 2007, United States District Court for the Central District of California • Class Actions 2010, Ninth Circuit Court of Appeals • Commerical Litigation 2011, Arizona • Environmental Litigation 2014, United States District Court for the Northern District of California • International Law 2016, United States District Court for the Southern District of California • Securities PROFESSIONAL & CIVIC INVOLVEMENT EDUCATION State Bar of California, Member Emory University State Bar of Arizona, Member B.A., magna cum laude, 2000, Political Science and Philosophy, Phi Beta Kappa AWARDS & HONORS Yale Law School Finalist, Morris Tyler Moot Court J.D., 2003; Editor, Yale Law Journal, Recipient, Gherini Prize for Outstanding Paper in International Law Articles Editor, Yale Journal of International Law

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David Copley brings creative solutions to complicated problems. He is a member of Keller Rohrback’s nationally recognized Complex Litigation Group, where his practice is focused on class action and other complex litigation. David is a skilled advocate, with extensive experience in pre-trial proceedings, jury trials, bench trials, arbitrations, and appeals. David’s experience and passion bring value to collaborations with his talented Keller Rohrback co- workers and with co-counsel across the Country.

Recent significant representations include: cases against major financial institutions regarding improper fees for foreign currency exchange; ERISA violations arising from conversion of privately-held corporation to ESOP ownership; ERISA violations arising from violation of plan prohibition on reduction of certain benefits; wage and hour class action involving T. DAVID COPLEY misclassification of financial services workers; wage and hour collective action involving misclassification of certain store managers; and representing a large CONTACT INFO institutional investor that suffered losses from misrepresentations involving mortgage-backed securities. 1201 Third Avenue, Suite 3200 Seattle, WA 98101 David is also committed to community service. He is active in local charities (206) 623-1900 fighting hunger and homelessness, and he is active in the fight for Marriage [email protected] Equality.

PRACTICE EMPHASIS BAR & COURT ADMISSIONS • Class Actions & Collective 1985, Arizona Actions 1990, Washington • Consumer Protection 2015, New York • Employee Benefits & Retirement Security 1985, U.S. District Court for the District of Arizona • Employment Law 1986, U.S. District Court for the Northern District of California • Breach of Trust 1990, U.S. District Court for the Western District of Washington

EDUCATION 1990, U.S. District Court for the Eastern District of Washington University of Iowa 2016, U.S. District Court for the Southern District of New York B.A., with Honors and Distinction, 1986, U.S. Court of Appeals for the Ninth Circuit 1981, Political Science and English, Phi Beta Kappa, Pi Sigma Alpha 2007, U.S. Court of Appeals for the Eighth Circuit Northwestern University School 2009, U.S. Court for Appeals for the Sixth Circuit of Law 2015, U.S. Court of Appeals for the Eleventh Circuit J.D., 1984, Coordinating Executive Editor, Northwestern University Law 2015, U.S. Court of Appeals for the Fifth Circuit Review 2000, U.S. Supreme Court

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PROFESSIONAL & CIVIC INVOLVEMENT National Employment Lawyers Association, Member Public Justice, Member Washington State Association for Justice, Member American Bar Association, Member ABA Section of Civil Rights and Social Justice Committee, Membership Outreach Chair King County Bar Association, Member Washington State Bar Association, Member Community Lunch on Capitol Hill, Chair, Board of Directors 2008-2013 Northwest Harvest, Board of Directors, 2000-2009; Chair, Board of Directors 2005-2007

HONORS & AWARDS Public Justice Trial Lawyer of the Year 1995

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Juli Farris’ clients count on her commitment to excellence and high quality work to meet their legal needs. Juli is a member of Keller Rohrback’s nationally-recognized Complex Litigation Group and serves as Supervising Partner of the firm’s Santa Barbara office. She has more than 25 years of experience representing both plaintiffs and defendants in litigation involving banking and securities regulation, antitrust, ERISA fraud and other areas. She has also represented officers and directors of active and failed financial institutions in investigations and litigation regarding bank regulatory matters. Her recent and pending cases involve environmental litigation, whistleblower litigation and consumer protection matters, including appointment as co- lead counsel representing victims of the 2015 Refugio California Oil Spill and representation of patients affected by prescription drug overcharges. JULI FARRIS She is also part of the team investigating claims to hold drug manufacturers accountable for the current opioid health crisis. CONTACT INFO Before joining Keller Rohrback in 1991, Juli served as a judicial law clerk for 1201 Third Avenue, Suite 3200 Judge E. Grady Jolly of the U.S. Court of Appeals, Fifth Circuit, and she practiced Seattle, WA 98101 law at the Washington, D.C. office of Sidley Austin, where her practice involved (206) 623-1900 litigation covering a wide array of subject matters. Juli divides her time between the firm’s Seattle and Santa Barbara offices. 801 Garden Street, Suite 301 Santa Barbara, CA 93101 EDUCATION 805.456.1496 Stanford University [email protected] B.A., 1982, English Stanford Law School PRACTICE EMPHASIS J.D., 1987, Notes Editor, Stanford Law Review • Antitrust and Trade Regulation • Class Actions BAR & COURT ADMISSIONS • Consumer Protection 1988, Washington • Employee Benefits & 1989, California Retirement Security 1990, District of Columbia • Environmental Litigation • Fiduciary Breach 1995, Western District of Washington • Financial Products & Services 1997, 9th Circuit Court of Appeals • Governments and 1999, Central District of California Municipalities • International Law 2000, Northern District of California • Securities 2001, Eastern District of California • Whistleblower 2003, Southern District of California

2003, 5th Circuit Court of Appeals

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2003, 11th Circuit Court of Appeals REPRESENTATIVE MATTERS Unger v. Amedisys Inc., 401 F.3d 316 (5th Cir. 2005) PROFESSIONAL & CIVIC Phillips v. Scientific-Atlanta, Inc., 374 F.3d 1015 (11th Cir. INVOLVEMENT 2004) King County Bar Association, Member In re IKON Office Solutions, Inc., 277 F.3d 658 (3rd Cir. 2002) Loren Miller Bar Association, Member In re WorldCom, Inc. ERISA Litig., 354 F. Supp. 2d 423 (S.D.N.Y. American Bar Association, Member 2005)

California State Bar Association, Member Hansen v. Ticket Track, Inc., 213 F.R.D. 412 (W.D. Wash. 2003)

Washington State Bar Association, Member In re Scientific-Atlanta, Inc. Securities Litigation, 239 F. Supp. 2d 1351 (N.D. Ga. 2002) Washington State Association for Justice, Member In re Domestic Air Transp. Antitrust Litig., 137 F.R.D. 677 (N.D. Santa Barbara County Bar Association, Member Ga. 1991)

Santa Barbara Women Lawyers, Member In re Potash Antitrust Litig., 954 F. Supp. 1334 (D. Minn. 1997)

American Bar Foundation, Member Cheverez v. Plains All American Pipeline, L.P., (C.D. Cal.)

The National Association of Public Pension Attorneys, Johnson v. OptumRx, (D.N.J.) Member

Treehouse, Immediate Past Chair, Board of Directors

Susan G. Komen, Puget Sound Affiliate,Board Member

Seattle Repertory Theater, Board Member

HONORS & AWARDS Super Lawyers List, Washington Law & Politics, 2015-2017

Selected to Rising Stars list in Super Lawyers - Washington, 1991

Recipient of Promise of One Award from the Puget Sound Affiliate of Susan G. Komen for the Cure, 2013

PUBLICATIONS & PRESENTATIONS Andrew D. Freeman & Juli E. Farris, Grassroots Impact Litigation: Mass Filing of Small Claims, 26 U.S.F.L. Rev. 261 (1992).

Editorial Board, Washington State Securities Law Deskbook

SEATTLE OAKLAND NEW YORK PHOENIX SANTA BARBARA RONAN 800-776-6044 | [email protected] | www.krcomplexlit.com Case 3:15-cv-02159-VC Document 186-1 Filed 01/19/18 Page 36 of 96

Raymond Farrow understands the economics behind his clients’ cases. Ray, a member of Keller Rohrback’s nationally recognized Complex Litigation Group, is a litigation attorney whose practice focuses on antitrust and consumer protection. His background as an academic economist and teacher makes him uniquely qualified to work with economic experts and to communicate statistics and economic analysis to his clients and to the Court.

Working on antitrust matters, Ray must navigate the rules and issues of varied industries, including hi-tech industries involving constantly changing software and hardware. His many years of experience, strong working relationships with other antitrust litigators, and motivation to redress genuine harms to his clients help him tackle complex issues in litigation and across the negotiating table. Most recently, Ray represented 20,000 nurses in a lawsuit that alleged a RAYMOND FARROW conspiracy by certain hospitals in Detroit to depress compensation levels that recovered almost $90 million for the nurses. CONTACT INFO Prior to law school, Ray was a member of the Economics Department faculty at 1201 Third Avenue, Suite 3200 Seattle University, University of Washington, and Queen’s University in Canada. Seattle, WA 98101 While in law school, he served as Articles Editor of the Washington Law Review and as an intern for the U.S. Department of Labor. (206) 623-1900 [email protected] In his spare time, Ray enjoys playing soccer and skiing.

PRACTICE EMPHASIS BAR & COURT ADMISSIONS • Antitrust and Trade 2001, Washington Regulation • Class Actions PROFESSIONAL & CIVIC INVOLVEMENT • Consumer Protection King County Bar Association, Member • Financial Products and Services Washington State Bar Association, Member Order of the Coif, Member EDUCATION American Economic Association, Member University of Manchester Washington State Trial Lawyers’ Association, Member (England) American College of Trust and Estate Counsel, Fellow B.A., 1979, Economics University of Essex (England) PUBLICATIONS & PRESENTATIONS M.A., 1980, Economics Raymond J. Farrow, Notes & Comments: Qualifying Immunity: Protecting State Princeton University Employees’ Right to Protect Their Employment Rights After Alden v. Maine, 76 M.A., 1984, Economics Wash. U. L. Rev. 149 (2001). University of Washington School of Law J.D., 2001

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Eric Fierro bridges the gap between technology and the law. Eric practices in Keller Rohrback’s nationally recognized Complex Litigation Group and oversees the firm’s legal technology group, providing electronic discovery and litigation support to colleagues and clients on a wide array of cases. Whether he is helping to preserve significant amounts of data for institutional clients or walking an individual through the data collection process to increase accuracy and maximize privacy, Eric works closely with clients to understand their needs and provide solutions.

Eric has over 15 years of experience with legal technology. While attending law school in the evening, Eric worked full-time for the U.S. Attorney’s Office for the District of Massachusetts where he provided technical support for all criminal and civil units, including the healthcare fraud, securities fraud, and ERIC FIERRO other white collar crime units. Eric also worked as a summer law clerk for the computer crime and intellectual property unit at the U.S. Attorney’s Office. CONTACT INFO Before joining Keller Rohrback, he was a managing consultant for Huron 3101 North Central Avenue, Consulting Group, providing consultative services for complex electronic Suite 1400 discovery and document review matters.

Phoenix, Arizona 85012 When not at work, Eric enjoys spending time with his family, golfing, and (602) 230-6331 rebuilding off-road vehicles in his garage. [email protected] BAR & COURT ADMISSIONS PRACTICE EMPHASIS 2009, Arizona • Class Actions 2009, U.S. District Court for the District of Arizona • Commercial Litigation • Consumer Protection • eDiscovery PROFESSIONAL & CIVIC INVOLVEMENT • Financial Products and Arizona State Bar Association, Member Services • Intellectual Property PUBLICATIONS & PRESENTATIONS • Mass Personal Injury Speaker, National Business Institute, E-Discovery Problem Solving for Paralegals, • Securities 2008 • Whistleblower Speaker, Arizona Paralegal Association, Cloud Computing: In Your Practice and in Litigation, 2009 EDUCATION Panelist, IPro Innovations for The Sedona Conference, The 2015 Federal Rule Arizona State University Amendments: Has Anything Really Changed? April 2016. B.S., 2002, Justice Studies New England School of Law J.D., 2006, Senior Editor, New England Journal of International and Comparative Law

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Alison Gaffney leaves no stone unturned. A member of Keller Rohrback’s nationally recognized Complex Litigation Group, Alison is a thorough researcher and a quick study no matter the factual context. At Keller Rohrback, Alison has devoted her time to representing employees and consumers in a variety of class action and individual claims. She represents pension plan participants challenging hospital conglomerates’ claimed “church plans” status in Holcomb v. Hospital Sisters Health System (C.D. Illinois) and Carver v. Presence Health Network (N.D. Illinois). In Dolins v. Continental Casualty Company (N.D. Illinois), Alison represents a putative class of employees in their ERISA breach claim. Alison also represents consumers in a class action case currently pending before the United States Court of Appeals for the Ninth Circuit regarding the prescription drug Cymbalta, and serves as counsel ALISON GAFFNEY in Kessler v. Samsung Electronics America, Inc. (E.D. Wisconsin), a class action involving alleged defects in Samsung’s S7 series smartphones.

CONTACT INFO Prior to law school, Alison completed a master’s degree focused on international migration, and during law school, she represented clients in 1201 Third Avenue, Suite 3200 deportation proceedings through the law school’s Immigration Law Clinic Seattle, WA 98101 and with the Northwest Immigrant Rights Project, where she continues to volunteer. As a pro bono attorney, Alison has had the privilege of representing (206) 623-1900 individuals from many countries, including Mexico, Venezuela, Rwanda, and [email protected] Kenya.

PRACTICE EMPHASIS When she is not fighting for her clients, Alison is busy keeping up with her two young and energetic sons, scrambling with The Mountaineers, and generally • Class Actions enjoying the beauty of the Pacific Northwest. • Consumer & Data Privacy Protection BAR & COURT ADMISSIONS • Employee Benefits & Retirement Security 2012, Washington

2013, U.S. District Court for the Western District of Washington EDUCATION 2015, U.S. District Court for the Eastern District of Washington Swarthmore College B.A., 2002, Linguistics and 2016, U.S. District Court for the Central District of Illinois Languages (Spanish & Mandarin 2013, U.S. Court of Appeals for the Second Circuit Chinese); McCabe Scholar 2014, U.S. Court of Appeals for the Ninth Circuit University of California, San Diego 2016, U.S. District Court for the Eastern District of Wisconsin M.A., 2007, Latin American Studies (International Migration) University of Washington School of Law J.D., 2012

SEATTLE OAKLAND NEW YORK PHOENIX SANTA BARBARA RONAN 800-776-6044 | [email protected] | www.krcomplexlit.com Case 3:15-cv-02159-VC Document 186-1 Filed 01/19/18 Page 39 of 96

PROFESSIONAL & CIVIC INVOLVEMENT

Washington State Bar Association, Member

King County Bar Association, Member

Mother Attorneys Mentoring Association of Seattle (MAMAS), Member

Northwest Immigrant Rights Project, Pro Bono Attorney

LANGUAGES Spanish

SEATTLE OAKLAND NEW YORK PHOENIX SANTA BARBARA RONAN 800-776-6044 | [email protected] | www.krcomplexlit.com Case 3:15-cv-02159-VC Document 186-1 Filed 01/19/18 Page 40 of 96

Laura R. Gerber is a strong advocate for her clients. From her early years in a whistleblower protection organization, to her current practice litigating against some of America’s largest corporations, Laura has built her career as an advocate on behalf of both employees and customers of large corporations. Laura represents her clients with skill, tact and diplomacy. As a result, Laura’s clients trust her to listen carefully, keep them informed, provide excellent legal advice, and to diligently pursue their interests in litigation against powerful defendants.

For over a decade, Laura has practiced in Keller Rohrback’s Complex Litigation Group where she has developed a diverse practice with a focus on holding banks and other institutions accountable to their customers and employees. She has experience litigating mutual fund excessive fee cases, Ponzi scheme LAURA R. GERBER cases, breach of contract and breach of fiduciary duty cases, Employee Retirement Income Security Act (“ERISA”) cases, and consumer protection class CONTACT INFO actions. Laura’s strategic persistence in complex cases has led to impressive 1201 Third Avenue, Suite 3200 results with certain of her clients receiving substantial individual recoveries. Seattle, WA 98101 While in law school, Laura concurrently received a Master’s degree in Public (206) 623-1900 Administration and was a member of the Moot Court Honor Board. [email protected] BAR & COURT ADMISSIONS PRACTICE EMPHASIS 2004, Washington • Consumer Protection 2006, U.S. District Court for the Eastern District of Washington • Employee Benefits & Retirement Security 2006, U.S. District Court for the Western District of Washington • Fiduciary Breach 2010, U.S. District Court for the Northern District of Illinois • Financial Products & Services 2013, U.S. District Court for the District of Colorado • Institutional Investors 2016, U.S. District Court for the Southern District of Illinois • Whistleblower 2016, U.S. District Court for the Eastern District of Missouri 2016, U.S. District Court for the Northern District of Ohio EDUCATION 2016, U.S. District Court for the Western District of Oklahoma Goshen College 2006, U.S. Court of Appeals for the Ninth Circuit Court B.A., 1994, History, Economics 2014, U.S. Court of Appeals for the Sixth Circuit Court University of Washington 2015, U.S. Court of Appeals for the Tenth Circuit Court School of Law J.D., 2003 HONORS & AWARDS Evans School of Public Affairs, University of Washington Selected to Rising Stars list in Super Lawyers - Washington, 2009, 2013. M.P.A., 2003

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PROFESSIONAL & CIVIC INVOLVEMENT Washington Appleseed, Board of Directors, 2012-present King County Bar Association, Member Washington State Bar Association, Member American Bar Association, Member Mother Attorney Mentoring Association (MAMAS), Member

PUBLICATIONS & PRESENTATIONS Speaker, American Conference Institute’s 8th National Forum on ERISA Litigation, October 2014, (New Trends in Church Plan Litigation). L. Gerber and R. Giovarelli, Land Reform and Land Markets in Eastern Europe, Food and Agriculture Organization of the United Nations (2005). David Weissbrodt, Penny Parker, Laura Gerber, Muria Kruger, Joe W. (Chip) Pitts III, A Review of the Fifty-Fourth Session of the Sub-Commission on the Promotion and Protection of Human Rights, 21 NETH Q. HUM. RTS. 291 (2003)

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Matthew Gerend practices in the firm’s nationally recognized Complex Litigation Group, representing employees and other investors in litigation to enforce securities laws and the Employee Income Retirement Security Act (“ERISA”). Matt has represented plaintiffs in federal courts across the country to redress harms stemming from breaches of fiduciary duties, investment fraud, and other misconduct that threatens employees’ retirement security.

Matt became interested in the laws protecting retirement and pension benefits as a clerk with AARP Foundation Litigation, where he helped draft a number of amicus curiae briefs filed in the U.S. Supreme Court and U.S. Courts of Appeals regarding the proper interpretation and implementation of ERISA. During law school, Matt also worked as an intern with the Community Development Project at the Lawyers’ Committee for Civil Rights Under Law. MATTHEW GEREND Matt believes that lawyers have a unique ability to effect social change, an ethic that has guided his work representing individuals and investors against CONTACT INFO those engaged in divisive and fraudulent practices. 1201 Third Avenue, Suite 3200 Seattle, WA 98101 BAR & COURT ADMISSIONS 2010, Washington (206) 623-1900 2011, U.S. District Court for the Western District of Washington [email protected] 2012, U.S. Court of Appeals for the Third Circuit PRACTICE EMPHASIS 2013, U.S. District Court for the Eastern District of Michigan • Class Action 2014, U.S. Court of Appeals for the Sixth Circuit • Employee Benefits and 2014, U.S. Court of Appeals for the Ninth Circuit Retirement Security 2015, U.S. Court of Appeals for the Seventh Circuit • Fiduciary Breach 2015, U.S. District Court for the District of Colorado • Securities

EDUCATION PROFESSIONAL & CIVIC INVOLVEMENT Washington State Bar Association, Member University of Wisconsin B.A., with distinction, 2005, Political Science, Phi Beta Kappa HONORS & AWARDS Georgetown University Law Selected to Rising Stars list in Super Lawyers – Washington, 2014-2017 Center J.D., cum laude, 2010; Executive PUBLICATIONS & PRESENTATIONS Articles Editor, Georgetown Journal on Poverty Law and Policy Contributing Author, Zanglein et. al., ERISA Litigation (Bloomberg BNA 2015). Deborah M. Austin and Matthew M. Gerend, The Scope and Potential of Section 3 as Currently Implemented, 19 J. Affordable Housing & Commun. Dev. L. 89 (2009).

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Gary Gotto’s diverse experience helps him meet his clients’ diverse needs. Gary is a member of Keller Rohrback’s nationally-recognized Complex Litigation Group. He has a broad range of practice experience and interests, including all aspects of corporate and real estate transactional work, securities issuance and compliance, Chapter 11 bankruptcy and workout matters, and general commercial and ERISA litigation. Gary speaks and teaches regularly on a number of topics, including an annual real estate bankruptcy case study presented at the Harvard Law School. He has practiced in Phoenix since 1982.

BAR & COURT ADMISSIONS 1982, Arizona GARY GOTTO 1982, U.S. District Court for the District of Arizona 2005, U.S. Court of Appeals for the Second Circuit CONTACT INFO 3101 North Central Avenue PROFESSIONAL & CIVIC INVOLVEMENT Suite 1400 State Bar of Arizona, Member; Chair, Subcommittee on Revising the Limited Phoenix, Arizona 85012-2600 Partnership Act, Business Law Section, 1991 (602) 230-6322 Adjunct Professor Law, Arizona State University College of Law, 1989 [email protected] PUBLICATIONS & PRESENTATIONS PRACTICE EMPHASIS Co-Author, Arizona Legal Forms: Limited Liability Companies and Partnerships • Class Actions (1996-2002). • Commercial Litigation Co-Author, Limited Liability Companies and Partnerships (1996-1997). • Debtor-Creditor Guest Lecturer, Chapter 11 Reorganizations, Harvard Law School, 1996-1997, • Employee Benefits and 1999, 2001, 2002. Retirement Security Guest Lecturer, Chapter 11 Reorganizations, Stanford Law School, 2003. • Fiduciary Breach Speaker, National Business Institutes, Negotiating and Drafting Acquisition • Financial Products and Agreements in Arizona, 1997. Services Speaker, National Business Institutes, Choice of Business Entity in Arizona, 1996. • Institutional Investors Speaker, National Business Institutes, Limited Liability Companies, 1994. • Real Estate Securities Speaker, Professional Education Systems, Inc., Non-Corporate Business Forms, 1994. EDUCATION Speaker, State Bar of Arizona, Limited Liability Companies, 1994. University of Pennsylvania Speaker, National Business Institutes, Arizona Limited Liability Company B.A., cum laude, 1976 Legislation, 199 Arizona State University of College of Law J.D., summa cum laude, 1982, Order of the Coif

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Benjamin Gould makes the law work for his clients. Ben, a Seattle native, practices in Keller Rohrback’s nationally recognized Complex Litigation Group. His ability to clearly and efficiently communicate factual and legal issues to his clients and courts allows him to adeptly serve the interest of clients who have been harmed by others’ misconduct. Ben has extensive experience in appellate litigation and has active appeals pending in state and federal courts throughout the nation. He has secured successful results for his clients before the U.S. Courts of Appeals for the Second, Eighth, and Ninth Circuits and numerous state appellate courts. Ben also maintains an active practice outside the appellate arena. He has represented clients in cases involving pensions, professional negligence, civil rights, and consumer-protection law, among other subjects. Before joining the firm, Ben worked as a Legal Fellow of the ACLU Drug Law BENJAMIN GOULD Reform Project, litigating cases related to drug policy and civil rights. He also served as a clerk to two federal appellate judges: the Honorable Betty Binns Fletcher of the U.S. Court of Appeals for the Ninth Circuit and the Honorable CONTACT INFO Diana E. Murphy of the U.S. Court of Appeals for the Eighth Circuit.

1201 Third Avenue, Suite 3200 BAR & COURT ADMISSIONS Seattle, WA 98101 2007, California (206) 623-1900 2010, District of Columbia [email protected] 2010, U.S. Court of Appeals for the Ninth Circuit PRACTICE EMPHASIS 2011, Washington

• Appeals 2011, U.S. District Court for the Western District of Washington • Class Actions 2012, U.S. District Court for the Eastern District of Washington • Constitutional Law 2012, U.S. Court of Appeals for the Third Circuit • Employee Benefits and 2013, U.S. Court of Appeals for the Second Circuit Retirement Security 2013, U.S. Court of Appeals for the Sixth Circuit • Fiduciary Breach 2013, U.S. Court of Appeals for the Eighth Circuit • Institutional Investors 2013, U.S. Court of Appeals for the Eleventh Circuit 2014, U.S. Court of Appeals for the First Circuit EDUCATION 2015, U.S. Supreme Court Yale University B.A., summa cum laude, 2002, English, Phi Beta Kappa PROFESSIONAL & CIVIC INVOLVEMENT Yale Law School King County Bar Association, Member; Appellate Law Section J.D., 2006, Editor, Yale Law Journal, Washington State Bar Association, Member Editor-in-Chief, Yale Journal of Law Washington State Association for Justice, Member and the Humanities

SEATTLE OAKLAND NEW YORK PHOENIX SANTA BARBARA RONAN 800-776-6044 | [email protected] | www.krcomplexlit.com Case 3:15-cv-02159-VC Document 186-1 Filed 01/19/18 Page 45 of 96

HONORS & AWARDS Selected to Rising Stars list in Super Lawyers - Washington, 2016-2017

PUBLICATIONS & PRESENTATIONS Speaker on Rule 23(f) and Class Action Appeals, American Bar Association 19th Annual National Institute on Class Actions, New Orleans, LA, 2015. A Review of Antonin Scalia and Bryan A. Garner, Reading Law (2012), in Trial News, March 2014. Derek W. Loeser & Benjamin Gould, Point/Counterpoint: Is Rule 23(b)(1) Still Applicable to ERISA Class Actions?, ERISA Compliance and Enforcement Library of the Bureau of National Affairs, Inc. (May 1, 2009). Derek W. Loeser & Benjamin Gould, The Continuing Applicability of Rule 23(b)(1) to ERISA Actions for Breach of Fiduciary Duty, Pension & Benefits Reporter, Bureau of national Affairs, Inc. (Sept. 1, 2009).* Derek W. Loeser, Erin M. Riley & Benjamin Gould, 2010 ERISA Employer Stock Cases: The Good, the Bad, and the In Between-Plaintiffs’ Perspective, Pensions & Benefits Daily, Bureau of National Affairs, Inc. (Jan. 28, 2011).

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Chris is a member of Keller Rohrback’s Complex Litigation and Bankruptcy Groups, representing debtors, creditors, Court-appointed committees, and asset purchasers in Chapter 11 reorganization proceedings and out-of-court workouts. Chris also has wide-ranging experience in complex commercial litigation from corporate restructuring to matters of breach of fiduciary duty, commercial bankruptcy, commercial real estate, contracts, patent infringement, and environmental insurance coverage. Together with colleagues he has represented clients as diverse as the committee of victims of clergy sexual abuse in the Chapter 11 reorganization of a Catholic diocese, a developer restructuring a portfolio of real property interests nationwide, and a national company acquiring a competitor’s assets in a bankruptcy-court-approved sale in California. A graduate of the great books liberal arts program at St. Johns’ College in Santa CHRISTOPHER Fe, Chris earned his law degree from the University of New Mexico Law School magna cum laude in 1990. While his practice is centered in the Southwest, GRAVER Chris represents clients in federal courts coast to coast.

CONTACT INFO BAR & COURT ADMISSIONS 3101 North Central Avenue Arizona, 1990 Suite 1400 United States District Court for the District of Arizona, 1990 Phoenix, Arizona 85012-2600 United States Bankruptcy Appellate Panel of the Ninth Circuit (602) 248-0088 United States Court of Appeals for the Ninth Circuit [email protected] PROFESSIONAL & CIVIC INVOLVEMENT PRACTICE EMPHASIS American Bankruptcy Institute, Member • Business Litigation Arizona State Bar Association, Member • Bankruptcy and Creditors’ Maricopa County Bar Association, Member Rights

EDUCATION PUBLICATIONS & PRESENTATIONS St. John’s College “Confirming the Catholics: The Diocese of Tucson Experience, Norton Bankruptcy Law Advisor,” 2005. B.A., 1976 “Representing the Tort Claimants’ Committee in the Chapter 11 Case Filed by University of New Mexico the Roman Catholic Diocese of Tucson, prepared for the National Conference J.D., magna cum laude, 1990 of Bankruptcy Judges,” 2005. Order of the Coif “Decoding the Code,” AzBusiness Magazine, 2005. Speaker, Maricopa County Bar Association presentation, New Bankruptcy Code: Changing the Way Creditors are Treated, 2006.

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Mark Griffin has over 25 years of experience in antitrust litigation. As a member of Keller Rohrback’s nationally recognized Complex Litigation Group, Mark has litigated over 80 class action cases to successful conclusions. Mark joined Keller Rohrback in 1988 after serving as a judicial law clerk for Magistrate Judge Philip K. Sweigert of the U.S. District Court for the Western District of Washington. He helped launch the firm’s antitrust practice with achievements including $49.5 million in settlements in the Specialty Steel Pipe Antitrust Litigation, paving the way for the firm’s success in other class action litigation. Mark has been a partner at Keller Rohrback for almost 20 years, has served on the firm’s Executive Committee since 2001, and has chaired the Antitrust Practice Group since 2007. Most recently, his leadership in an antitrust class action resulted in settlements totaling almost $90 million for MARK GRIFFIN registered nurses employed by hospitals in Detroit, (Cason-Merenda v. VHS Michigan, Inc.).

CONTACT INFO Since 2004, Mark has volunteered his time as pro bono coordinator at Keller Rohrback. He serves as a member of the Board of Trustees of the Legal 1201 Third Avenue, Suite 3200 Foundation of Washington (LFW) and previously as a board member and Seattle, WA 98101 officer of the Legal Aid for Washington Fund (LAW Fund). The LFW and the LAW (206) 623-1900 Fund through their Campaign for Equal Justice raise charitable contributions to ensure that justice is a reality, not just for those who can afford it, but [email protected] for everyone in Washington state. In 2013, the firm received the President’s Award from the LFW for its work in Jerry Cooper, Inc. v. Lifequotes of America, PRACTICE EMPHASIS Inc., a case in which Mark helped achieve judgments totaling over $760 million • Antitrust & Trade Regulation in favor of the plaintiff class. Mark also volunteers at Public Justice and has • Class Actions served as chair of the Consumer Protection, Antitrust & Unfair Business Practices Section of the Washington State Bar Association. • Commercial Litigation • Consumer Protection BAR & COURT ADMISSIONS • Governments & Municipalities 1986, Washington • Intellectual Property 2010, Arizona • Mass Personal Injury 1986, U. S. District Court for the Western District of Washington • Securities 1989, U. S. Court of Appeals for the Ninth Circuit 1990, U. S. District Court for the Eastern District of Washington EDUCATION 1993, U. S. Supreme Court Marquette University 2008, U. S. Court of Appeals for the Fourth Circuit B.S., magna cum laude, 1983, 2009, U. S. District Court for the Eastern District of Michigan Economics Faculty Award 2009, U. S. District Court for the District of Columbia Gonzaga University School of Law 2010, U. S. Court of Appeals for the Eleventh Circuit J.D., magna cum laude, 1986, 2013, U.S. Court of Appeals for the Sixth Circuit Thomas More Scholar 2014, U.S. Court of Appeals for the Tenth Circuit

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HONORS & AWARDS PUBLICATIONS & PRESENTATIONS AV Rating, Martindale-Hubbell, 2000-Present “The Future of Reverse Payment Settlement Agreements after FTC v. Actavis,” 30th Annual Antitrust, Consumer President’s Award, Legal Foundation of Washington, 2013 Protection and Unfair Business Practices Seminar, Named to Washington Super Lawyers list, 2011-2012, November 8, 2013 2014-2017 “Intellectual Property v. Cultural Property: From Named a Rising Star, Super Lawyers – Washington, 2000 Colonization to Co-Existence,” Intellectual Property Institute of Canada, September 27, 2013 Thomas More Scholarship, 1983-1986 Contributor, “Concurrent Antitrust Criminal and Civil American Jurisprudence Award in Antitrust, 1986 Proceedings: Identifying Problems and Planning for American Jurisprudence Award in Remedies, 1986 Success,” American Bar Association, 2013 American Jurisprudence Award in Agency and “Profile/Lynn Sarko: Leading the Way,” Bar Bulletin, Partnerships, 1985 December, 2011 American Jurisprudence Award in Corporations, 1985 “Cy Pres – News on Recent Decisions which may affect cy pres in the future,” LAW Fund Executive Committee American Jurisprudence Award in Property, 1984 Meeting, September 15, 2011 Alpha Sigma Nu (National Jesuit Honors Society) 1983 “Current Issues in Antitrust, Twombly Pleading Standards” (speaking for Mark Samson), State Bar of Arizona, June 20, Beta Gamma Sigma (National Business Honors Society), 2008 1982 The New Rules for Business Litigators: Keeping Ahead Pi Sigma Alpha (National Political Science Honor Society), of the Curve, “The New Rules in Class Action Litigation,” 1982 Washington State Bar Association, November 13, 2007 Pi Gamma Mu (International Honor Society in Social Executive Editor, Washington Antitrust and Consumer Science), 1982 Protection Handbook (2007 Supplement) Economics Faculty Award (outstanding student majoring in “Message from the Chair,” Antitrust, Consumer Protection economics) 1983 Unfair Business Practices Newsletter, Washington State Delta Sigma Pi Scholarship, 1979-1983 Bar Association, Fall 2005 Program Chair, “The Essentials of Civil Settlement Strategies,” Washington State Bar Association, October 8, PROFESSIONAL & CIVIC 2003 INVOLVEMENT Executive Editor, Washington Antitrust and Consumer Protection Handbook (Third Edition 2001) King County Bar Association, Member Program Co-Chair, 2001 Antitrust, Consumer Protection Washington State Bar Association, Member; Executive and Unfair Business Practices Conference, Washington Committee and Chair-elect of the Antitrust, Consumer State Bar Association, November 9, 2001 Protection & Unfair Business Practices Section Moderator, “How to Avoid Antitrust Actions Against Your American Bar Association, Member; Litigation and Antitrust Business Clients,” Washington State Bar Association, sections November 6, 1998 American Civil Liberties Union of Washington, Cooperating Program Committee, “1995 and Counting: A Symposium Counsel on Practices, Procedures and Professionalism,” Federal American Constitution Society, Member Bar Association of Western Washington, December 6, 1995 Washington State Trial Lawyer’s Association, Member Program Committee, “Trials Viewed from the Bench: See What We See,” Federal Bar Association of Western Federal Bar Association, Member Washington, December 7, 1994

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Questions of Law Column on Antitrust Law, Washington State Bar Association, 1992 Program Co-Chair, “Trial Practice Seminar,” King County Bar Association, 1991 “Civil Service Protections for Police Officers,” Washington State Council of Police Officers, October 12, 1989 “Contractual Liability of Companies and Individuals,” International Television Association, Seattle Chapter, Legal Workshop, April 19, 1989 Note on Meier and Meier, 595 P.2d 474 (1979), 1986 Canadian-American Law Journal

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Amy Hanson helps her clients work past disputes so they can refocus on personal and business goals. As a member of Keller Rohrback’s nationally recognized Complex Litigation Group, Amy’s practice is focused on class action and other complex litigation. Amy is a practical problem-solver who enjoys rolling up her sleeves to obtain evidence and achieve solutions. She became interested in complex litigation because she wanted to help level the playing field for hard-working people and small businesses that were similarly harmed by large businesses and groups of businesses acting together. In her more than 17 years as a litigator Amy has represented patients who experienced serious medical problems after consuming prescription drugs, small business owners who challenged alleged nationwide price fixing conspiracies, employees who challenged the prudence of allowing their employers’ 401(k) plans to hold and acquire company stock and employees who challenged the AMY N. L. HANSON reasonableness of their employers’ data security practices. Prior to joining Keller Rohrback, Amy was a Student Advocate at the University of Wisconsin Law School’s Consumer Litigation Clinic and a judicial law CONTACT INFO clerk intern for Judge Deininger at the State of Wisconsin Court of Appeals. 1201 Third Avenue, Suite 3200 She is currently honored to serve on the Vioxx Consumer Purchase Claims Subcommittee of the Plaintiffs’ Steering Committee inIn re: Vioxx Prods. Liab. Seattle, WA 98101 Litig., MDL No. 1657 (E.D.La.) and the WSAJ Consumer Protection Section (206) 623-1900 Deskbook Editorial Board. [email protected] BAR & COURT ADMISSIONS PRACTICE EMPHASIS 1998, Wisconsin 1998, Washington • Antitrust & Trade Regulation 1998, U.S. District Court for the Western District of Washington • Consumer & Data Privacy Protection 2000, U.S. District Court for the Eastern District of Washington 2003, U.S. Court of Appeals for the Ninth Circuit • Employee Benefits & Retirement Security 2005, U.S. District Court for the Eastern District of Michigan • Mass Personal Injury PROFESSIONAL & CIVIC INVOLVEMENT American Association for Justice, Member EDUCATION American Bar Association, Member University of Minnesota King County Bar Association, Member B.A., summa cum laude, 1995, Washington State Association for Justice, Member Economics and Political Science Washington State Bar Association, Member University of Wisconsin Law School HONORS & AWARDS J.D., 1998 Named to Washington Super Lawyers list, 2016 PUBLICATIONS & PRESENTATIONS Co-author, Handbook for Washington Seniors: Legal Rights and Resources, Legal Voice (Oct. 15, 2012).

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Dean Kawamoto understands complex cases. Dean practices in the firm’s nationally recognized Complex Litigation Group with a focus on financial services and securities law. His experience with complicated financial transactions, sophisticated institutional clients, and large-scale discovery makes him highly qualified to litigate high-stakes cases involving complex issues and significant damages. Dean is currently part of the litigation team representing several of the Federal Home Loan Banks in litigation against dozens of issuers, underwriters, and sponsors of private label mortgage-backed securities worth $13 billion. He was also part of the trial team that successfully objected to the $8.5 billion settlement between Bank of New York Mellon and Bank of America over Countrywide’s massive mortgage liabilities. The argument developed and presented by Keller Rohrback during the course of the trial was the only objection sustained to the settlement. Dean also represents institutional DEAN KAWAMOTO investors in connection with litigation over LIBOR. In addition to financial services and securities litigation, Dean has experience litigating cases involving consumer protection, product liability, environmental law, professional CONTACT INFO liability, and the First Amendment. 1201 Third Avenue, Suite 3200 Dean also has an extensive background in environmental law. Dean has performed climate change research in the Arctic Tundra. He has worked for Seattle, WA 98101 the United States Senate Committee on Environment and Public Works, where (206) 623-1900 he was in charge of issues relating to water pollution and the Clean Water Act. During law school, he was a research assistant and teaching assistant [email protected] to Professor Daniel Esty, the former Commissioner of the Connecticut Department of Energy and Environmental Protection. Dean also served as PRACTICE EMPHASIS an adjunct instructor in environmental law and policy for the University of Southern California. • Class Actions Before joining the firm, Dean practiced with Boies, Schiller & Flexner in • Environmental Litigation Washington, D.C., and Munger, Tolles & Olson in Los Angeles. He also served as a clerk for the Honorable Wm. Matthew Byrne, U.S. District Judge for the • Financial Products & Services Central District of California, and was previously a Professional Staff Member • Institutional Investors on the U.S. Senate Committee on Environment and Public Works and a Legislative Aide to Senator Lincoln D. Chafee of Rhode Island. • Mortgage Put-Back Litigation • Securities BAR & COURT ADMISSIONS 2004, California EDUCATION 2009, District of Columbia University of California at 2011, Washington Berkeley 2004, U.S. District Court for the Central District of California B.A., History and Biology, High 2015, U.S. District Court for the Northern District of California Distinction, 1998 2015, U.S. District Court for the Eastern District of California Yale Law School 2015, U.S. District Court for the Western District of Washington J.D., 2003 University of Cambridge (UK) LL.M., International Law, First Class Honors, 2007

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PROFESSIONAL & CIVIC INVOLVEMENT Washington State Bar Association, Member State Bar of California, Member District of Columbia Bar, Member American Bar Association, Member HONORS & AWARDS Selected to Rising Stars list in Super Lawyers – Washington, 2014-2015 Recipient of the Clifford Chance C.J. Hamson Prize for thesis on class actions John Gardner Public Service Fellow Recipient of the Departmental Citation for Integrative Biology (awarded to the top graduate in the major)

SEATTLE OAKLAND NEW YORK PHOENIX SANTA BARBARA RONAN 800-776-6044 | [email protected] | www.krcomplexlit.com Case 3:15-cv-02159-VC Document 186-1 Filed 01/19/18 Page 53 of 96

Erika Keech is no stranger to standing up for justice. Her background and passion for public service guides her as a member of Keller Rohrback’s nationally-recognized Complex Litigation Group. Erika is committed to advocating for consumers, holding institutions accountable for wrongdoing, and keeping the public safe.

Erika was a summer associate at Keller Rohrback in 2010. After law school, she clerked for the Honorable Linda C. Krese in Snohomish County Superior Court, before joining the Snohomish County Prosecuting Attorney’s Office. As a Deputy Prosecuting Attorney, Erika gained extensive trial, advocacy, and courtroom experience. ERIKA KEECH During law school, Erika was the Managing Editor of the Gonzaga Law Review and was a member of the National Appellate Advocacy Competition CONTACT INFO moot court team. Prior to law school, Erika worked at the Washington State Legislature and studied abroad in Costa Rica, Chile, and Spain. 1201 Third Avenue, Suite 3200 Seattle, WA 98101 BAR & COURT ADMISSIONS (206) 623-1900 2013, Washington [email protected]

PRACTICE EMPHASIS PROFESSIONAL & CIVIC INVOLVEMENT • Class Action and Consumer Washington State Bar Association, Member Litigation

EDUCATION Washington State University Honors College B.A., 2006, cum laude Gonzaga University School of Law

J.D., 2012, cum laude, Managing Editor, Gonzaga Law Review

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Ron Kilgard is a seasoned lawyer who understands that yesterday’s rule changes are just as important as the landmark cases decided decades ago. Ron has 35 years of experience in civil litigation. He knows that the substantive law changes slowly (at least most of the time!). However, the relevant rules and judges’ individual practices change almost daily, and they vary enormously from jurisdiction to jurisdiction and judge to judge. Balancing all of this is, for Ron, one of the many challenges and pleasures of law practice.

Ron’s practice is focused primarily on commercial and financial matters. For the last 17 years, he has extensively litigated pension plan class actions, involving both plans regulated by the Employee Retirement Income Security Act (“ERISA”) and non-ERISA plans such as public plans and so-called “church plans.” Ron helped Keller Rohrback pioneer company stock ERISA litigation RON KILGARD in the late 1990s and early 2000s, and he was part of the team that obtained settlements of over $265 million (in cash) in the Enron 401(k) litigation. In 2017, after six years of litigation, Ron prevailed in an action challenging as CONTACT INFO unconstitutional the cutbacks to the pensions of Arizona state court judges. 3101 North Central Avenue, Suite 1400 Ron is a Phoenix native. He clerked for the Honorable Mary M. Schroeder, U. S. Court of Appeals for the Ninth Circuit, in 1979-80 and has practiced in Phoenix Phoenix, AZ 85012 ever since. He was one of the lawyers who formed the Phoenix affiliate of (602) 248-0088 Keller Rohrback L.L.P. in November 2002. When not practicing law, he enjoys [email protected] reading on the porch of his 1915 house with his Golden Retriever.

PRACTICE EMPHASIS HONORS & AWARDS • Appeals Best Lawyers in America, 2017, ERISA practice. • Antitrust & Trade Regulation • Class Action PROFESSIONAL & CIVIC INVOLVEMENT • Constitutional Law State Bar of Arizona, Member • Employee Benefits & District of Columbia Bar, Member Retirement Security • Fiduciary Breach New York State Bar Association, Member • Financial Products & Services National Immigrant Justice Center, Pro Bono Counsel

EDUCATION Harvard College B.A., 1973, History Harvard Divinity School M.T.S., 1975, Old Testament Arizona State University College of Law J.D., 1979, Editor-in Chief, Arizona State Law Journal, Armstrong Award (outstanding graduate)

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BAR & COURT ADMISSIONS PUBLICATIONS & PRESENTATIONS 1979, Arizona Supreme Court Speaker, ABA Seminar, After Enron, 2006 1979, U.S. District Court for the District of Arizona Speaker, Chicago Bar Association, Company Stock Litigation, 2006 1982, U.S. Court of Appeals for the Ninth Circuit Speaker, West LegalWorks ERISA Litigation Conference, 1995, U.S. Supreme Court 2007 2005, U.S. Court of Appeals for the Second Circuit Speaker, National Center for Employee Ownership, 2005, U.S. Court of Appeals for the Fifth Circuit Fiduciary Implications of Company Stock Lawsuits, 2012 and 2013 2007, U.S. District Court for the Eastern District of Michigan Speaker, American Conference Institute, New Developments in Church Plan Litigation, 2015-2017 2009, District of Columbia Court of Appeals 2010, U.S. Court of Appeals for the Fourth Circuit 2010, U.S. District Court for the District of North Dakota 2011, New York Supreme Court, Appellate Division 2012, U.S. District Court for the Southern District of New York 2013, U.S. District Court for the District of Colorado 2013, U.S. Court of Appeals for the Eighth Circuit 2014, U.S. Court of Appeals for the Sixth Circuit 2014, U.S. Court of Appeals for the Third Circuit 2015, U.S. Court of Appeals for the Seventh Circuit 2015, U.S. Court of Appeals for the Tenth Circuit 2016, U.S. District Court for the Southern District of Illinois 2016, U.S. District Court for the Western District of Oklahoma 2016, U.S. District Court for the Eastern District of Missouri 2016, U.S. District Court of the Central District of Illinois 2016, U.S. District Court of the Northern District of Indiana

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David practices in the firm’s nationally recognized Complex Litigation Group where he represents retirement plans, institutional investors, ESOPs, and individuals in federal and state courts across the country. David has experience in all phases of litigation, including trial and appeal, and focuses on cases involving breaches of fiduciary duty under ERISA, securities violations, investment mismanagement, and consumer protection violations. He has made substantial contributions to several multimillion dollar recoveries against some of the largest corporations in the country.

David was also part of the trial team that objected to a proposed $8.5 billion settlement brought by the Bank of New York Mellon in an effort to resolve Bank of America’s liability arising out of Countrywide’s issuance of mortgage- DAVID KO backed securities. The arguments raised by Keller Rohrback in an eight week trial in New York Supreme Court were the only objections sustained by the Court. CONTACT INFO David also recently represented Super Bowl 49 ticket holders who purchased 1201 Third Avenue, Suite 3200 but did not receive their tickets as promised from various ticket brokers who Seattle, WA 98101 engaged in short-selling, including filing the first and only class action arising (206) 623-1900 out of this widespread and deceptive practice. [email protected] Before joining the firm, David completed a two year clerkship for the Honorable Ricardo S. Martinez, U.S. District Judge in the Western District of PRACTICE EMPHASIS Washington. • Class Actions David is past President of the Korean American Bar Association of Washington, • Consumer Protection and a 2014 Fellow of the Washington Leadership Institute. • Employee Benefits and Retirement Security • Securities BAR & COURT ADMISSIONS 2006, Washington EDUCATION 2010, U.S. District Court for the Western District of Washington University of Washington B.A., 2002, History and Political 2010, U.S. District Court for North Dakota Science 2011, U.S. Court of Appeals for the Ninth Circuit Seattle University School of Law 2016, U.S. District Court for the Eastern District of Michigan J.D., cum laude, 2006; National Order of Barristers University of Washington School of Law LL.M., 2007 Taxation

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PROFESSIONAL & CIVIC INVOLVEMENT Washington State Bar Association, Member

King County Bar Association, Member

Korean American Bar Association, Board Member

Asian American Bar Association, Member

National Center for Employee Ownership, Member

PUBLICATIONS & PRESENTATIONS Speaker, National Center for Employee Ownership Annual Conference, Fundamentals of the Repurchase Obligation (Denver, CO, 2017)

Speaker, National Business Institute, Legal Ethics: Top Attorney-Client Mistakes (Seattle, WA, 2016)

Speaker, National Business Institute, Title Law: Ethics (Seattle, WA, 2016)

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Tanya Korkhov is a passionate advocate for her clients. As a member of Keller Rohrback’s nationally recognized Complex Litigation Group, Tanya focuses on actions brought pursuant to the Employee Retirement Income Security Act of 1974 (ERISA), and other complex litigation matters. Prior to joining Keller Rohrback, Tanya was associated for over ten years with a New York firm specializing in complex litigation, where she gained extensive experience with litigating fiduciary duty breach claims and shareholder derivative claims in both state and federal courts. Tanya has frequently supervised discovery in various complex actions, including multidistrict litigation proceedings, involving numerous depositions being conducted on parallel tracks in related actions, and electronic review of substantial document productions. Throughout her practice, Tanya has played a TANYA KORKHOV significant role in a number of high-profile recoveries achieved on behalf of the plaintiff classes. Tanya was a key member of the litigation team that recently obtained a $40 million settlement for the class of plan participants CONTACT INFO and beneficiaries inIn re American International Group, Inc. ERISA Litigation II. 1140 Avenue of the Americas, Tanya has successfully represented clients in numerous other actions alleging Ninth floor fiduciary duty breaches or claims of corporate malfeasance that resulted in New York, NY 10036 multimillion-dollar recoveries for retirement plan participants or shareholders (646) 380-6693 who suffered investment losses. [email protected] As a member of the Securities Arbitration Clinic at the Benjamin N. Cardozo School of Law, where she earned her J.D., Tanya represented clients with PRACTICE EMPHASIS limited means in securities-related proceedings. Tanya also represented Cardozo on a four-member team in the 2004 and 2005 annual Willem C. • Employee Benefits & Vis International Commercial Arbitration Moot Competition held in Vienna, Retirement Security Austria. Subsequently, Tanya has frequently served as a volunteer team coach • Complex Litigation and judge for the Vis Moot. Tanya is a charter member and serves on the board of the Rotary Club of EDUCATION Wall Street New York, which partners with various international and local New York University organizations to improve the lives of New Yorkers and communities world- B.A., magna cum laude, 2001 wide. Tanya also volunteers with other New York based non-profit groups committed to furthering education and community service. Benjamin N. Cardozo School of Law BAR & COURT ADMISSIONS J.D., 2005 2006, New York 2008, U.S. District Court for the Eastern District of New York 2008, U.S. District Court for the Southern District of New York 2015, U.S. Court of Appeals for the Second Circuit PROFESSIONAL & CIVIC INVOLVEMENT Rotary Club of Wall Street New York, Charter and Board Member

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As a member of Keller Rohrback’s nationally-recognized Complex Litigation Group, Cari Campen Laufenberg represents employees, consumers and institutions in class action litigation involving breach of fiduciary duty, identity theft and privacy, investment fraud and mismanagement, retirement plan litigation and consumer protection. Her background in nonprofit management and public administration makes her skilled at organizing and strategizing complex cases to achieve short-term goals and long-term successes.

Cari regularly counsels and represents consumers, employees and businesses who have suffered harm resulting from the improper disclosure of proprietary, personal, health and other protected information. Currently, CARI CAMPEN Cari serves as co-lead counsel in In Re: 21st Century Oncology Customer LAUFENBERG Data Security Breach Litigation and on the leadership teams in the In Re Experian Data Breach Litigation and In Re: Vtech Data Breach Litigation. Over CONTACT INFO the past 14 years, she has played a key role in many of the firm’s large and 1201 Third Avenue, Suite 3200 complex fiduciary breach cases, including a $90 million settlement against Seattle, WA 98101 Anthem Inc. in a case alleging fiduciary breach related to Anthem Insurance’s (206) 623-1900 demutualization of membership interests. [email protected] Before joining Keller Rohrback in 2003, Cari served as a judicial extern for PRACTICE EMPHASIS Judge Barbara Jacobs Rothstein of the U.S. District Court for the Western • Antitrust & Trade Regulation District of Washington. Cari loves living in the Pacific Northwest and enjoys • Appeals spending time outdoors with her family and friends. • Class Actions • Consumer & Data Privacy BAR & COURT ADMISSIONS Protection 2003, Washington • Employee Benefits & Retirement Security 2004, U.S. District Court for the Western District of Washington • Fiduciary Breach 2006, U.S. District Court for the Eastern District of Michigan • Financial Products & Services 2006, U.S. Court of Appeals for the Eleventh Circuit EDUCATION 2011, U.S. Court of Appeals for the Seventh Circuit University of California, San 2011, U.S. Court of Appeals for the Ninth Circuit Diego 2013, U.S. Court of Appeals for the Eighth Circuit B.A., 1993, Art History University of Washington HONORS & AWARDS M.A., 1998, Public Administration Selected to Rising Starts list in Super Lawyers - Washington, 2008-2009, 2011 University of Washington School of Law King County Washington Women Lawyers Chapter Member of the Year, 2005 J.D., 2003

SEATTLE OAKLAND NEW YORK PHOENIX SANTA BARBARA RONAN 800-776-6044 | [email protected] | www.krcomplexlit.com Case 3:15-cv-02159-VC Document 186-1 Filed 01/19/18 Page 60 of 96

PROFESSIONAL & CIVIC INVOLVEMENT King County Bar Association, Member Washington State Bar Association, Member American Bar Association, Member King County Washington Women Lawyers, Member; Member of the Board of Directors (2003-2005) Washington Women Lawyers, Member William L. Dwyer Inn of Court, Founding Student Member (2002-2003) Federal Bar Association, Member American Association for Justice, Member Washington State Association for Justice, Member Northwest Immigrant Rights Project, Volunteer Attorney National Association for Public Pension Attorneys, Member

PUBLICATIONS & PRESENTATIONS Panelist, ABA Section of Dispute Resolution Meeting 18th Annual Spring Conference, The Client’s Perspective: ADR Users Share Insights Regarding What Mediators Do To Make the Process Succeed or Fail, April 8, 2016. Presenter, ABA Business Law Section Annual Meeting; Don’t Be Spokeo’d: What You Need to Know in Litigating Data Breach Cases (from Breach to Remedies), September 8, 2016.

SEATTLE OAKLAND NEW YORK PHOENIX SANTA BARBARA RONAN 800-776-6044 | [email protected] | www.krcomplexlit.com Case 3:15-cv-02159-VC Document 186-1 Filed 01/19/18 Page 61 of 96

Beth Leland pays attention to the details. As a longtime member of the firm’s Complex Litigation Group, Beth prides herself on crafting creative arguments to plead cases in her clients’ best interests. She also strives to be on the forefront of technological innovation, managing electronic discovery in complex cases to increase accuracy and efficiency in order to maximize benefits to her clients, while minimizing client discovery burdens and costs. Beth has nearly twenty years of experience litigating complex cases arising from investment fraud at both the trial and appellate levels and has also gained experience in consumer protection, mass tort, and antitrust litigation. Notable cases include mortgage-backed securities litigation on behalf of the Federal Home loan Banks of Boston, Chicago, and Indianapolis. She has also played a key role in numerous cases resulting in multi-million dollar ELIZABETH LELAND settlements, including against Anicom Inc., Apple, Inc., Dynegy Inc., IKON Office Solutions, Merrill Lynch & Co., United Companies Financial Corp., and Xerox Corporation. CONTACT INFO Beth has spoken at conferences and as a guest lecturer at the Seattle 1201 Third Avenue, Suite 3200 University School of Law. Seattle, WA 98101 Before joining Keller Rohrback in 1998, Beth spent several years in general (206) 623-1900 civil practice in the Seattle area. Outside of work, Beth can be found skiing, [email protected] spending time with friends, or cheering on her favorite team at Husky Stadium. PRACTICE EMPHASIS • Class Actions • Consumer Protection BAR & COURT ADMISSIONS • Employee Benefits & 1993, Washington Retirement Security 1994, U. S. District Court for the Western District of Washington • Fiduciary Breach 1998, U.S. Court of Appeals for the Ninth Circuit • Financial Products & Services 2003, U.S. Court of Appeals for the Eleventh Circuit • Institutional Investors 2003, U.S. Court of Appeals for the Fifth Circuit • Securities 2005, U.S. Court of Appeals for the Seventh Circuit

EDUCATION 2009, U.S. District Court for the Eastern District of Michigan University of Washington 2010, U.S. Court of Appeals for the Fourth Circuit B.A., 1989, Business Administration with double PROFESSIONAL & CIVIC INVOLVEMENT concentration in Finance and Business Economics King County Bar Association, Member University of Puget Sound Washington State Bar Association, Member; Antitrust, Consumer Protection & School of Law Unfair Business Practices Section; Labor & Employment Section; and Litigation J.D., cum laude, 1993 Sections American Bar Association, Member; Antitrust and Litigation Section

SEATTLE OAKLAND NEW YORK PHOENIX SANTA BARBARA RONAN 800-776-6044 | [email protected] | www.krcomplexlit.com Case 3:15-cv-02159-VC Document 186-1 Filed 01/19/18 Page 62 of 96

PROFESSIONAL & CIVIC INVOLVEMENT (CONT) American Bar Association, Member; Antitrust and Litigation sections King County Bar Association, Member Washington State Bar Association, Member; Antitrust, Consumer Protection & Unfair Business Practices, Labor & Employment, and Litigation sections American Bar Association, Member; Antitrust and Litigation sections American Bar Association, Member; Antitrust and Litigation Section Cancer Pathways (formerly Gilda’s Club), Volunteer King County Bar Association, Member King County Washington Women Lawyers, Member Seattle University School of Law Alumni Association, Member Sedona Conference Working Groups 1 (Electronic Document Retention and Production) and 2 (Protective Orders, Confidentiality and Public Access),Member University of Washington Alumni Association, Member Washington State Association for Justice, Member Washington State Bar Association, Member; Antitrust, Consumer Protection & Unfair Business Practices Section; Labor & Employment Section; and Litigation Sections Washington Women Lawyers, Member Women in eDiscovery, Seattle Chapter, Member King County Bar Association Housing Justice Project, 1999- 2003, Volunteer Attorney

SEATTLE OAKLAND NEW YORK PHOENIX SANTA BARBARA RONAN 800-776-6044 | [email protected] | www.krcomplexlit.com Case 3:15-cv-02159-VC Document 186-1 Filed 01/19/18 Page 63 of 96

Jeffrey Lewis has specialized in ERISA and employee benefits law since 1975. He has successfully litigated individual, group, and class action claims on behalf of hundreds of thousands of employees, retirees, and the disabled. He was a founding partner of Lewis, Feinberg, Lee & Jackson, one of the first firms in the nation to specialize in ERISA litigation on behalf of plaintiffs. Among his major successes was serving as one of appointed counsel for employees of WorldCom, Inc. in a class action which resulted in a settlement that paid more than $47 million to participants in WorldCom’s 401(k) plan. Mr. Lewis serves as a mediator both for the U.S. District Court for the Northern District of California and privately, and has served as an arbitrator and expert witness in ERISA cases. He has also advised employee groups and benefit plan fiduciaries.

JEFFREY LEWIS In addition to his litigation and advisory activities throughout the U.S., Mr. Lewis has testified before Congressional committees regarding pension issues, CONTACT INFO serves as one of the Co-Chairs of the Senior Board of Editors of the Employee Benefits Law treatise, has taught employee benefits law at the University of 300 Lakeside Drive, Suite 1000 California at Berkeley School of Law, and also has taught pension law courses Oakland, California 94612 at several other law schools. (510) 463-3900 [email protected] BAR & COURT ADMISSIONS 1975, California PRACTICE EMPHASIS • Appeals PROFESSIONAL & CIVIC INVOLVEMENT • Employee Benefits and Retirement Security Elected as a charter fellow of the College of Employee Benefits Counsel, Board of Governors • Complex Litigation American Bar Association, Member, Labor & Employment Section, Former • Employment Litigation Plaintiff Co-Chair of the Employee Benefits Committee • Private Judge, Mediator, AC Transit Retirement Board, Chair, Board of Trustees Special Master Goodyear Retiree Health Care Trust, Member of the Plan Committee

EDUCATION National Employment Lawyers Association, Member of the Amicus Committee

Yale University HONORS & AWARDS B.A., 1970 Super Lawyers List, Super Lawyers magazine, 2005-2017 University of California at Berkeley School of Law Top 100 Lawyers in Northern California, Super Lawyers magazine, 2010-2016 Order of the Coif – J.D., 1975 Top Attorney for ERISA Plaintiffs in the San Francisco Bar Area, The Recorder Forty Top Benefits Attorneys, The National Law Journal, 1998

SEATTLE OAKLAND NEW YORK PHOENIX SANTA BARBARA RONAN 800-776-6044 | [email protected] | www.krcomplexlit.com Case 3:15-cv-02159-VC Document 186-1 Filed 01/19/18 Page 64 of 96

PUBLICATIONS & PRESENTATIONS

Co-Chair of the Board of Senior Editors of Lewis, et al., Employee Benefits Law (3d ed. BNA) Former editor of the Discrimination Claims Under ERISA chapter of Employee Rights Litigation: Pleading and Practice (Matthew Bender, 1991) Frequent speaker on ERISA topics such as preemption, fiduciary duty, and benefit claims at seminars sponsored by the American Bar Association, the Bureau of National Affairs, the National Employment Lawyers Association (NELA), and other organizations.

SEATTLE OAKLAND NEW YORK PHOENIX SANTA BARBARA RONAN 800-776-6044 | [email protected] | www.krcomplexlit.com Case 3:15-cv-02159-VC Document 186-1 Filed 01/19/18 Page 65 of 96

Tana Lin fights hard for her clients, building cases that are legally and factually compelling. Tana has 25 years of litigation experience in civil and criminal matters in state and federal courts throughout the country. She is a member of the firm’s nationally recognized Complex Litigation Group. Tana joined Keller Rohrback in 2004 after practicing as a civil rights and criminal defense attorney. She began her legal career as a trial attorney with the Public Defender Service for the District of Columbia, one of the preeminent public defender offices in the country, where she handled cases at the trial level and argued appellate cases before the District of Columbia Court of Appeals. Tana then joined the Employment Litigation Section of the Civil Rights Division of the U.S. Department of Justice where she enforced federal discrimination laws across the country. At DOJ, and later at the Chicago District Office of TANA LIN the U.S. Equal Employment Opportunity Commission, she investigated and prosecuted employment discrimination cases against large governmental entities such as the Louisiana State Police and private corporations such CONTACT INFO as Wal-Mart. She also served as the Litigation coordinator for the Michigan Poverty Law Program, developing statewide projects to address issues facing 1201 Third Avenue, Suite 3200 the underprivileged and crafting creative solutions by developing partnerships Seattle, WA 98101 with interested stakeholders. (206) 623-1900 At Keller Rohrback, Tana has achieved significant settlements for her clients. She has won landmark victories for shareholders of mutual funds in suits [email protected] alleging breaches of fiduciary duty by investment advisors in violation of the Investment Company Act. She has protected the retirement funds of PRACTICE EMPHASIS employees whose employers breached their fiduciary duties in violation of the Employee Retirement Income Security Act (ERISA). Tana has also stood • Antitrust & Trade Regulation up for workers who had been denied their proper wages and overtime • Class Actions payments. Tana was recently part of the trial team representing 20,000 Detroit nurses alleging an antitrust conspiracy by healthcare providers to depress • Consumer Protection compensation levels. This extraordinary case settled on the eve of trial. In • Employment Law total, Tana played an essential role in recovering almost $90 million on behalf of affected Detroit nurses. • Fiduciary Breach Tana’s wide ranging experience helps her quickly grasp what issues will dictate • Mutual Fund Excessive Fees a case’s outcome, and she works tirelessly to see that her clients obtain the • Whistleblower best result available. BAR & COURT ADMISSIONS EDUCATION 1991, District of Columbia Cornell University 2000, Illinois A.B., with distinction, 1988, Government 2001, Michigan New York University School of 2004, Washington Law J.D., 1991, Root-Tilden-Snow HONORS & AWARDS Scholar Named to Washington Super Lawyers list, 2012, 2014 - 2017 U.S. Department of Justice Special Achievement Award, 1997

SEATTLE OAKLAND NEW YORK PHOENIX SANTA BARBARA RONAN 800-776-6044 | [email protected] | www.krcomplexlit.com Case 3:15-cv-02159-VC Document 186-1 Filed 01/19/18 Page 66 of 96

PROFESSIONAL & CIVIC INVOLVEMENT Presenter, National Legal Aid and Defender Annual Conference, Seattle, WA, Holistic Advocacy for Youth: ACLU of Washington: Board of Directors, 2016-present; Addressing the Basic Needs of Children Through Civil, Legal Committee, 2015-present; Executive and Budget Criminal and Community Collaborations, Nov. 2003. Committees, 2017 Presenter, National Legal Aid and Defender Annual American Association for Justice, Member Conference, Seattle, WA, Civil and Criminal Strategies for American Bar Association, Member Protecting Clients Accused of Food Stamp Fraud, Nov. 2003. American Bar Association Gun Violence Advisory Committee, Member, 2016-2017 Lead Trainer, Negotiation Skills Training, Committee on Regional Training, Ann Arbor, MI, Oct. 2003. Asian Bar Association of Washington, Member, 2006-present; Board of Directors, 2010-2012 Faculty and Lecturer, Trial Advocacy Training for Legal Aid Attorneys, National Legal Aid and Defender Association, Joint Asian Judicial Evaluation Committee, Member, 2006- Los Angeles, CA, July 2003. 2008, 2011-2013, 2015-present; Chairperson, 2010 King County Bar Association, Member Trainer, Basic Lawyering Skills Training, Committee on Regional Training, Ann Arbor, MI, Dec. 2002. Lawyers Fostering Independence Program, Volunteer Attorney, 2008-present Mother Attorneys Mentoring Association (MAMAS), Founding Member National Employment Lawyers Association, Member Washington State Bar Association, Member Washington State Association for Justice, Member

PUBLICATIONS & PRESENTATIONS Faculty and Lecturer, NITA Deposition Advocacy Program, Seattle, WA, Oct. 2017.

Presenter, ACLU Law & Liberty Series: Litigating Against Trump’s Muslim Ban, Seattle, WA, May 2017.

Presenter, Women Antitrust Plaintiffs’ Attorneys Networking Event, Minneapolis, MN, How to Prepare for the Big Event: Trial (The Last 90 Days), Oct. 2010.

Faculty, Trial Advocacy College, National Legal Aid and Defender Association, Philadelphia, PA, July 2005.

Tana Lin, Recovering Attorney’s Fees under the Individuals With Disabilities Education Act, West’s Education Law Reporter, 180 Ed.LawRep. 1 (2003).

Civil Track Plenary Panelist, National Legal Aid and Defender Annual Conference, Seattle, WA, Navigating the Crossroads of Change: Where Do We Go from Here?, Nov. 2003.

SEATTLE OAKLAND NEW YORK PHOENIX SANTA BARBARA RONAN 800-776-6044 | [email protected] | www.krcomplexlit.com Case 3:15-cv-02159-VC Document 186-1 Filed 01/19/18 Page 67 of 96

Derek Loeser is a senior member of Keller Rohrback’s nationally recognized Complex Litigation Group and a member of the firm’s Executive Committee. He maintains a national practice prosecuting class action and large-scale individual cases, including corporate fraud and misconduct, securities, Employee Retirement Income Security Act (“ERISA”) pension and health plan, breach of fiduciary duty, and investment mismanagement cases. Derek has served as lead and co-lead counsel in large, complex cases in state and federal courts around the country. Derek has been a plaintiffs’ attorney for over 20 years. He has a passion for taking on large corporations and holding them accountable for wrongdoing. Through all stages of litigation, including trial, he has helped recover billions of dollars for consumers, employees, retirees, retirement plans and institutions. DEREK LOESER Notable cases include the Wells Fargo unauthorized account consumer class action, for which he serves as lead counsel. Derek and the Keller Rohrback CONTACT INFO team achieved a $142 million settlement that requires Wells Fargo to refund all improper fees, and provide first-of-its kind credit damage reimbursement, 1201 Third Avenue, Suite 3200 among other relief, to Wells Fargo customers. Other notable cases include Seattle, WA 98101 mortgage-backed securities cases on behalf of the Federal Home Loan Banks (206) 224-7562 of Chicago, Indianapolis and Boston; ERISA class cases on behalf of employees of Enron, WorldCom, Countrywide, and Washington Mutual, among others, [email protected] whose retirement savings were decimated by corporate fraud and abuse; fraud, RICO, and antitrust cases against drug manufacturers, pharmacy benefit PRACTICE EMPHASIS managers and insurance companies for conspiring to drive up the cost of life- • Antitrust & Trade Regulation saving medications, such as insulin and epinephrine (EpiPens). • Appeals Derek also represents state and local government entities in a number • Class Action & Consumer of matters, including ongoing cases against opioid manufacturers for Litigation misrepresenting the safety and efficacy of opioids for chronic pain. The opioid • Employee Benefits & cases are quintessential examples of the type of litigation Derek and the Retirement Security Keller Rohrback team pursue with purpose and passion: corporate fraud and • Employment Law malfeasance causing serious harm to the public. • Environmental Litigation Many of Derek’s cases have required coordinating with state and federal agencies involved in litigation that parallels cases pursued by Keller Rohrback, • Financial Products & Services including states attorneys general, the Department of Justice, and the • Governments and Department of Labor. In addition, Derek has extensive experience negotiating Municipalities complex, multi-party settlements, and coordinating with the many parties and • Institutional Investors counsel necessary to accomplish this. • Mortgage Put-Back Litigation Before joining Keller Rohrback, Derek served as a law clerk for the Hon. Michael • Securities Fraud R. Hogan, U.S. District Court for the District of Oregon, and was a trial attorney in the Employment Litigation Section of the Civil Rights Division of the U.S. • Whistleblower Department of Justice in Washington, D.C. He is a frequent speaker at national conferences on class actions, ERISA and other complex litigation topics.

SEATTLE OAKLAND NEW YORK PHOENIX SANTA BARBARA RONAN 800-776-6044 | [email protected] | www.krcomplexlit.com Case 3:15-cv-02159-VC Document 186-1 Filed 01/19/18 Page 68 of 96

EDUCATION 2010, U.S. Court of Appeals for the Fourth Circuit Middlebury College 2012, U.S. Court of Appeals for the Third Circuit

B.A., summa cum laude, 1989, American Literature (highest 2013, U.S. Court of Appeals for the Second Circuit department honors), Stolley-Ryan American Literature Prize, Phi Beta Kappa 2014, U.S. Court of Appeals for the First Circuit University of Washington School of Law 2017, New York J.D., with honors, 1994 PROFESSIONAL & CIVIC HONORS & AWARDS INVOLVEMENT U.S. Department of Justice Honors Program Hire, 1994 King County Bar Association, Member U.S. Department of Justice Award for Public Service, 1996 Washington State Bar Association, Member U.S. Department of Justice Achievement Award, 1996 American Bar Association, Member; Employment Benefits Selected to Rising Stars list in Super Lawyers - Washington, Committee Member 2005-2007 National Employment Lawyers Association, Member Selected to Super Lawyers list in Super Lawyers - American Civil Liberties Union of Washington, Cooperating Washington, 2007-2012, 2014-2017 counsel Recipient of the 2010 Burton Award for Legal Achievement for the article, The Continuing Applicability of Rule 23(b)(1) to PUBLICATIONS & PRESENTATIONS ERISA Actions for Breach of Fiduciary Duty, Pension & Benefits Reporter, Bureau of National Affairs, Inc. (Sept. 1, 2009). Panelist, HarrisMartin’s National Opioid Litigation AV®, Peer Review Top-Rated by Martindale-Hubbell Conference - Current Landscape of Opioid Litigation, Chicago, IL, October, 2017. BAR & COURT ADMISSIONS Speaker, Trends in Auto Defect Litigation, Seattle, WA, May, 2017. 1994, Washington Panelist, Law Seminars International - VW Diesel Emissions 1998, U.S. District Court for the Western District of Litigation: A Case Study of the Interplay Between Washington Government Regulatory Activity and Consumer Fraud Class Actions, May 6, 2016. 1998, U.S. District Court for the Eastern District of Washington Speaker, Class Action & Data Breach Litigation, Santa Barbara, CA, March, 2016. 2002, U.S. District Court for the Eastern District of Michigan Speaker, Fiduciary Challenges in a Low Return Environment, Seattle, WA, December, 2014. 2004, U.S. District Court for the Northern District of Illinois Speaker, Post-Certification Motion Practice in Class Actions, 2010, United States Supreme Court Seattle, WA, June, 2014.

1998, U.S. Court of Appeals for the Ninth Circuit Speaker, Investment Litigation: Fees & Investments in Defined Contribution Plans, ERISA Litigation, Washington, D.C., 2006, U.S. Court of Appeals for the Eleventh Circuit 2012.

2009, U.S. Court of Appeals for the Eighth Circuit Speaker, Post-Certification: Motion Issues in Class Actions,

SEATTLE OAKLAND NEW YORK PHOENIX SANTA BARBARA RONAN 800-776-6044 | [email protected] | www.krcomplexlit.com Case 3:15-cv-02159-VC Document 186-1 Filed 01/19/18 Page 69 of 96

PUBLICATIONS. & PRESENTATIONS (CONT) Litigating Class Actions, Seattle, WA, 2012.

Derek W. Loeser, Erin M. Riley & Benjamin B. Gould, 2010 ERISA Employer Stock Cases: The Good, the Bad, and the In Between-Plaintiffs’ Perspective, Pension & Benefits Daily, Bureau of National Affairs, Inc. (Jan. 28, 2011).

Derek W. Loeser & Erin M. Riley, The Case Against the Presumption of Prudence, Pension & Benefits Daily, Bureau of National Affairs, Inc. (Sept. 10, 2010).

Speaker, ABA Mid-Winter Meeting, San Antonio, TX, 2010.

Speaker, 22nd Annual ERISA Litigation Conference - New York, NY, Nov. 2009.

Speaker, 22nd Annual ERISA Litigation Conference - Las Vegas, NV, Oct. 2009.

Derek W. Loeser & Benjamin B. Gould, The Continuing Applicability of Rule 23(b)(1) to ERISA Actions for Breach of Fiduciary Duty, Pension & Benefits Reporter, Bureau of National Affairs, Inc. (Sept. 1, 2009).

Derek W. Loeser & Benjamin B. Gould, Point/Counterpoint: Is Rule 23(b)(1) Still Applicable to ERISA Class Actions?, ERISA Compliance and Enforcement Library of the Bureau of National Affairs, Inc. (May 1, 2009).

Derek W. Loeser, The Legal, Ethical, and Practical Implications of Noncompetition Clauses: What Physicians Should Know Before They Sign, J.L. Med. & Ethics, Vol. 31:2 (2003).

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Ryan McDevitt protects market participants. Ryan is a member of Keller Rohrback’s nationally recognized Complex Litigation Group. His practice focuses on ensuring fairness in the marketplace on behalf of investors, innovators, and consumers. Ryan has experience litigating cases involving securities fraud and financial mismanagement, consumer protection and antitrust claims, intellectual property infringement, and federal labor law violations in state and federal courts across the country. He currently represents Volkswagen, Audi, and Porsche consumers in the high-profile Volkswagen “Clean Diesel” multi- district litigation; the Federal Home Loan Banks of Boston, Chicago, and Indianapolis against dozens of issuers, underwriters, and sponsors of private label mortgage-backed securities worth $13 billion; and putative classes of RYAN MCDEVITT mortgage borrowers in cases relating to unfair and deceptive treatment by mortgage servicers and banks during and after the financial crisis. Ryan is also involved in complex intellectual property litigation, representing the Navajo CONTACT INFO Nation in a trademark suit involving Urban Outfitters’ infringement of the 1201 Third Avenue, Suite 3200 NAVAJO trademark. Seattle, WA 98101 Before joining the firm, Ryan served as a law clerk in the Antitrust Division (206) 623-1900 of the Washington State Attorney General where he worked on a multistate [email protected] investigation concerning an international price-fixing conspiracy as well as on local Washington antitrust matters. In law school, he served as a research PRACTICE EMPHASIS assistant to June Besek, chair of the ABA Copyright Task Force. • Antitrust & Trade Regulation Outside of work, Ryan enjoys skiing, backpacking, travel and soccer. • Class Action & Consumer Litigation BAR & COURT ADMISSIONS • Consumer & Data Privacy 2010, Washington Protection 2011, US District Court for the Western District of Washington • Financial Products & Services 2012, US Court of Appeals for the Ninth Circuit • Intellectual Property • Securities PROFESSIONAL & CIVIC INVOLVEMENT EDUCATION Washington State Bar Association, Member Claremont McKenna College King County Bar Association, Member B.A., 2007, Government American Bar Association, Member and Leadership Sequence, Seattle Academy of Arts & Sciences, Alumni Board President, Board of Trustees Departmental Honors in Member Ex Officio Government Columbia Law School J.D., 2010, Harlan Fiske Stone Honors Scholar

SEATTLE OAKLAND NEW YORK PHOENIX SANTA BARBARA RONAN 800-776-6044 | [email protected] | www.krcomplexlit.com Case 3:15-cv-02159-VC Document 186-1 Filed 01/19/18 Page 71 of 96

Daniel Mensher translates thorough preparation into courtroom success. Dan practices in Keller Rohrback’s nationally-recognized Complex Litigation Group with a focus on complex environmental and consumer protection litigation. He enjoys collaborating with his colleagues and clients to identify problems and find creative, convincing solutions. Dan has litigated important environmental and consumer cases across the country in federal and state court. He’s one of the attorneys representing the City of Tacoma in its fight to hold opioid manufacturers accountable. Before joining the firm, Dan was an environmental law professor at Lewis & Clark Law School in Portland, Oregon, where he also litigated cases involving toxic waste, water pollution, and natural resource management. He has sat on governmental advisory boards and helped to draft key environmental DANIEL MENSHER regulations in place today. Dan uses his passion and experience to protect our environment and the people and communities that rely on clean air, water, and products. CONTACT INFO 1201 Third Avenue, Suite 3200 BAR & COURT ADMISSIONS Seattle, WA 98101 2007, Oregon (206) 623-1900 [email protected] 2014, Washington

2008, U.S. Court of Appeals for the Ninth Circuit PRACTICE EMPHASIS • Consumer Protection 2008, U.S. District Court for the District of Oregon • Environmental Litigation 2010, U.S. Court of Appeals for the District of Columbia • Financial Products and 2011, U.S. District Court for the District of Wisconsin Services • Government and 2014, U.S. District Court for the Eastern District of Washington Municipalities • Mass Personal Injury PROFESSIONAL & CIVIC INVOLVEMENT Member EDUCATION Oregon State Bar Association, Wesleyan University Washington State Bar Association, Member

B.A., 1998, History Toxic Free Future, Board Member University of Wisconsin Northwest Environmental Defense Center, Board Member M.S., 2002, Geography Lewis & Clark Law School J.D., cum laude, 2007, Environmental Law Certificate; Cornelius Honors Society; Articles Editor, Environmental Law Review

SEATTLE OAKLAND NEW YORK PHOENIX SANTA BARBARA RONAN 800-776-6044 | [email protected] | www.krcomplexlit.com Case 3:15-cv-02159-VC Document 186-1 Filed 01/19/18 Page 72 of 96

PUBLICATIONS & PRESENTATIONS Speaker, Bridgeport Environmental Class Action Webinar, March 2016

Speaker, Harris Martin Porter Ranch Gas Leak Litigation Conference, “Testing of the Air Quality and Expert Witnesses for the Cases,” 19 January 2016

Daniel P. Mensher, With Friends Like These…: The Trouble With Auer Deference, 43 Envtl. Law Rev. 4 (2013).

Speaker, Oregon Water Law Conference, November 7, 2013 (Addressing issues in Water Quality Trading)

Speaker, Northwest Environmental Conference and Tradeshow, December 11, 2013 (The Precautionary Principle in Environmental Law)

Speaker, RainOps Conference, 2013, Spokane, WA, Longview, WA (Clean Water Act stormwater regulation)

Presenter, Oregon State Bar Environmental and Natural Resources Committee annual Continuing Legal Education Program, 2013 (salmon issues in Oregon and the Pacific Northwest)

Speaker, Oregon State Bar brown bag CLE debate with Oregon DOJ assistant attorney general about the Supreme Court case Decker v. NEDC, 2012

Daniel P. Mensher, Common Law On Ice: Using Federal Nuisance Law to Address Global Warming, 37 Envtl. Law Rev. 2 (2007).

Chris Rycewicz and Dan Mensher, Growing State Authority Under the Clean Water Act, 22 Nat. Resources & Env’t 2 (2007).

SEATTLE OAKLAND NEW YORK PHOENIX SANTA BARBARA RONAN 800-776-6044 | [email protected] | www.krcomplexlit.com Case 3:15-cv-02159-VC Document 186-1 Filed 01/19/18 Page 73 of 96

Ian Mensher understands that different clients have different goals. Ian practices in Keller Rohrback’s nationally recognized Complex Litigation Group. He represents both institutional and individual investors in cases involving financial fraud and investment mismanagement. Ian provides frank and honest guidance that is tailored to meet the specific needs of his clients. After graduating from the University of Washington School of Law, Ian clerked for the Honorable Jerome Farris on the Ninth Circuit Court of Appeals. Ian also clerked for the Honorable Marsha J. Pechman on the U.S. District Court for the Western District of Washington. Ian’s rich experience in the federal court system brings a unique and important perspective to guide the important strategic decisions in litigation. IAN MENSHER Ian is fluent in French and Italian. He is the president of the Keller Rohrback Cycling Team and spends much of his free time racing both on the road and at the velodrome. CONTACT INFO 1201 Third Avenue, Suite 3200 BAR & COURT ADMISSIONS Seattle, WA 98101 2007, Washington (206) 623-1900 2008, U.S. District Court for the Western District of Washington [email protected] 2008, U.S. Court of Appeals for the Ninth Circuit 2013, U.S. District Court for the Eastern District of Washington PRACTICE EMPHASIS • Class Actions PROFESSIONAL & CIVIC INVOLVEMENT • Employee Benefits & Retirement Security Washington State Bar Association, Member • Fiduciary Breach King County Bar Association, Member • Financial Products & Services Federal Bar Association, Member • Institutional Investors • Securities

EDUCATION Wesleyan University B.A., 2002, Romance Literatures (French & Italian), Phi Beta Kappa University of Washington J.D., 2007, Executive Comment Editor, Pacific Rim Law and Policy Journal

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Michael W. Meredith practices in Keller Rohrback L.L.P.’s section for complex litigation, and presently focuses his practice on cases arising out of the foreclosure crisis in the United States including the servicing and securitization of mortgage loans. Michael is a graduate of the University of Washington School of Law where he graduated with honors. Before joining KR, Michael clerked at the United States District Court for the Western District of Texas, and served as a staff attorney at the Washington Supreme Court. He also held a number faculty positions at law schools in Washington and elsewhere, where his scholarly work focused on mortgage securitization and network economies. MICHAEL W. MEREDITH BAR & COURT ADMISSIONS CONTACT INFO 2012, Washington 1201 Third Avenue, Suite 3200 Seattle, WA 98101 PROFESSIONAL & CIVIC INVOLVEMENT (206) 623-1900 Central Washington University, Adjunct Professor [email protected] Law School Preparation Institute, Lecturer Whitman College, Adjunct Professor, Introduction to Communication & Public PRACTICE EMPHASIS Speaking • Complex litigation PRESENTATIONS & PUBLICATIONS EDUCATION Kevin V. Tu, Michael W. Meredith, Rethinking Virtual Currency Regulation in the Whitman College Bitcoin Age, 90 Wash. L. Rev. 271 (2015) BA, magna cum laude, 2008 Michael W. Meredith, Four Legs to Stand on: The Unexplored Potential of Civil War Era “Qui Tam’ Suits to Advance Animal Rights in the Federal Judiciary, 4 Seattle J. University of Washington School of Law Envtl. L. 187 (2014) JD, with honors, 2012 Mercy W. Buku, Michael W. Meredith, Safaricom and M-Pesa in Kenya: Financial Inclusion and Financial Integrity, 8 Wash. J.L. Tech. & Arts 375 (2013) Michael W. Meredith, Malaysia’s World Trade Organization Challenge to the European Union’s Renewable Energy Directive: An Economic Analysis, 21 Pac. Rim L. & Pol’y J. 399 (2012) Michael W. Meredith, The Costs of Failed Private Regulation; Mortgage Electronic Registration Systems (MERS) as Case Study, Law and Society Conference, Seattle, Washington (2015).

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Workers’ rights are personal to Rachel Morowitz, who joined Keller Rohrback’s Complex Litigation team in August 2017.

The Bay Area native’s father was diagnosed with multiple sclerosis (MS) when she was 10 years old and her brother was diagnosed with brain cancer when she was in second grade. Her family didn’t have to worry about access to health care, but her family’s health issues made her more empathetic to families that do.

During law school, Rachel sought out opportunities that would make her a better advocate for workers and retirees. Before joining Keller Rohrback, she completed a fellowship with the AARP where she specialized in employee benefits law and worked on amicus briefs submitted to the U.S. Supreme RACHEL MOROWITZ Court, Fifth Circuit and Ninth Circuit. For two years, she worked at the Communications Workers of America, a telecommunications union, where she focused on traditional labor law and labor-management relations. She also CONTACT INFO interned at the U.S. Department of Labor and U.S. Supreme Court. 1201 Third Avenue, Suite 3200 Rachel is a “watchdog” for workers and consumers. She wants to ensure that Seattle, WA 98101 employers are using best practices when it comes to retirement and health- (206) 623-1900 care benefits. [email protected] BAR & COURT ADMISSIONS PRACTICE EMPHASIS 2016, District of Columbia • Class Action and Consumer Litigation HONORS & AWARDS • Employee Benefits and Retirement Security ABA-Bloomberg BNA Award for Excellence in the Study of Labor and Employment Law

EDUCATION Dean’s List, University of California, Davis University of Washington Phi Kappa Phi Honors Society B.A., 2013, International Relations Davis Honors Challenge Program The George Washington Univeristy Law School PROFESSIONAL & CIVIC INVOLVMENT J.D., 2016 Asian Bar Association of Washington, Member National Asian Pacific American Bar Association, Member Federal Circuit Bar Journal, Senior Staff, 2014-2016 Labor and Employment Law Society, 2015-2016

PUBLICATIONS AND PRESENTATIONS Note, Overcoming Barriers Created by the Patent System to Develop an Effective and Timely Response to Public Health Emergencies, 25 FED. CIR. B.J. 621 (2016).

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Gretchen Obrist provides her clients with a clear voice in complex cases. Gretchen is a member of Keller Rohrback’s nationally recognized Complex Litigation group whose work as a dedicated advocate dates back two decades to her role at a nonprofit organization focused on impact litigation. With her work as a law clerk and as a litigator, Gretchen has significant experience with a broad range of federal cases at all stages. Her nationwide practice focuses on Employee Retirement Income Security Act (“ERISA”) fiduciary breach and prohibited transaction cases. Gretchen’s work has helped curtail excessive and conflict-ridden fees in the multi-trillion dollar retirement savings industry and provide recourse to retirement plan participants and beneficiaries who have faced pension reductions, misrepresentations, and other unfair practices related to their retirement plan benefits. Gretchen’s GRETCHEN OBRIST ERISA experience includes a successful appeal to the Eighth Circuit in Braden v. Wal-Mart Stores, Inc. reversing dismissal of the lead plaintiff’s excessive fee CONTACT INFO case, significant contributions to cases challenging cash balance pension plan conversions by Washington Mutual and JPMorgan, and representation of the 1201 Third Avenue, Suite 3200 employees who lost nearly all of their ESOP savings with the collapse of Bear Seattle, WA 98101 Stearns. (206) 623-1900 More recently, Gretchen has been instrumental in the firm’s litigation against [email protected] pharmacy benefit managers, drug manufacturers, and other entities whose business practices have driven up the cost of prescription drugs for ERISA PRACTICE EMPHASIS welfare plan participants, as well as Medicare plan and ACA/individual plan • Appeals members, and the uninsured. • Class Actions Gretchen’s breadth of practice extends to consumer protection and financial • Consumer Protection fraud claims, civil rights issues, and qui tam relator representation. She has played a key role in class action and multi-district cases arising out of the • Employee Benefits and collapse of the mortgage securities industry and the residential mortgage Retirement Security modification and foreclosure crisis, including several ERISA actions and a • Fiduciary Breach consumer MDL against JPMorgan Chase. • Financial Products and Prior to joining Keller Rohrback, Gretchen served as a law clerk to the Services Honorable John C. Coughenour, U.S. District Judge for the Western District • Whistleblower of Washington. Before obtaining her law degree, she worked at a public defender’s office, the Nebraska Domestic Violence Sexual Assault Coalition, EDUCATION and the Nebraska Appleseed Center for Law in the Public Interest—where she University of Nebraska - Lincoln recently was profiled for Nebraska Appleseed’s 20th Anniversary celebration B.S. with distinction, 1999, as an innovator in the organization’s earliest days. Women’s Studies, UNL Honors Gretchen is a Plaintiff Co-Chair of the ABA Employee Benefits Committee’s Program Fiduciary Responsibility Subcommittee and a Chapter Editor for the ERISA University of Nebraska - treatise Employee Benefits Law (Jeffrey Lewis et al. eds., 3d ed. BNA 2012), Lincoln, College of Law whose 4th edition is forthcoming. She frequently speaks at conferences and J.D., with high distinction, 2005, CLEs, is quoted in pension-related publications, and has published a number Order of the Coif, Editor-in-Chief, of articles related to her practice areas. Nebraska Law Review, 2004-2005

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BAR & COURT ADMISSIONS PUBLICATIONS & PRESENTATIONS 2005, Washington Speaker, ABA Section of Labor and Employment Law, Employee Benefits Committee - Mid-Winter Meeting, 2007, U.S. District Court for the Western District of Clearwater Beach, FL, February 2018 (Prescription Drug Washington Program Trends and Litigation). 2008, U.S. District Court for the Eastern District of Speaker, ABA Joint Committee on Employee Benefits - Michigan National Institute on ERISA Litigation, Chicago , IL, 2017 2008, U.S. Court of Appeals for the Eighth Circuit (Fiduciary Litigation Update).

2010, U.S. Court of Appeals for the Ninth Circuit Speaker, Western Pension & Benefits Council - Spring Seminar, Seattle, WA, 2017 (Litigation Issues in Health 2011, U.S. District Court for the Eastern District of and Retirement Plans: a Plantiff’s Class Action Attorney’s Washington Perspective). 2011, U.S. Court of Appeals for the Second Circuit Speaker, ABA Section of Labor and Employment Law, 2011, U.S. Court of Appeals for the Sixth Circuit Employee Benefits Committee – Mid-Winter Meeting, Las Vegas, NV, 2016 (Will Class Actions Live After This Supreme Court Term?). PROFESSIONAL & CIVIC Lynn L. Sarko, Erin M. Riley, and Gretchen S. Obrist, Brief INVOLVEMENT for Law Professors as Amici Curiae in Support of the Petitioners, Tibble, et al. v. Edison International, et al., No. The William L. Dwyer American Inn of Court, Member 13-550 (U.S. 2014). King County Bar Association, Member Erin M. Riley and Gretchen S. Obrist, Contributors, “Attorneys Reflect on 40 Years of ERISA’s Biggest Court Washington State Bar Association, Member Rulings” Pension & Benefits Daily, Bloomberg BNA, discussing CIGNA Corp. v. Amara, 131 S.Ct. 1866, 50 EBC American Bar Association, Member, Litigation/Labor and 2569 (U.S. 2011) (95 PBD, 5/17/11; 38 BPR 990, 5/24/11) Employment Sections (BNA Sept. 9, 2014) (www.bna.com).

Speaker, ABA Joint Committee on Employee Benefits – HONORS & AWARDS 24th Annual National Institute on ERISA Litigation, Chicago, IL, 2014 (Fiduciary Litigation: Disclosure & Investment; Recipient of the 2004 Robert G. Simmons Law Practice Ethical Considerations in ERISA Litigation). Award (first place) Speaker, Western Pension & Benefits Council – Spring Theodore C. Sorensen Fellow, 2004-2005 Seminar, Seattle, WA, 2014 (What’s New in Fiduciary Litigation?). National Association of Women Lawyers Outstanding Law Student Award, 2005 Speaker, ABA Joint Committee on Employee Benefits – 23rd Annual National Institute on ERISA Litigation, Chicago, IL, Selected to Rising Stars list in Super Lawyers - Washington, 2013 (Fiduciary Litigation Part 1: Disclosure & Investment; 2010 Fiduciary Litigation Part 2: Cutting Edge Issues).

Speaker, ABA Section of Labor and Employment Law, Employee Benefits Committee – Mid-Winter Meeting, Charleston, SC, 2013 (ERISA 408(b)(2) and 404(a) Disclosures and the Ongoing Fee Litigation).

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PUBLICATIONS & PRESENTATIONS (CONT) Contributing Editor and Writer, Foreclosure Manual for Judges: A Reference Guide to Foreclosure Law in Washington State, A Resource by Washington Appleseed (2013).

Gretchen S. Obrist, “ERISA Fee Litigation: Overview of Developments in 2012 and What to Expect in 2013,” Benefits Practitioners’ Strategy Guide, Bloomberg BNA (Mar. 26, 2013) (www.bna.com).

Gretchen S. Obrist, “ERISA Fee Litigation: The Impact of New Disclosure Rules, and What’s Next in Pending Cases,” Pension & Benefits Daily, Bloomberg BNA (Feb. 21, 2013) (www.bna.com).

Speaker, ABA Section of Labor and Employment Law, Employee Benefits Committee – Mid-Winter Meeting, Savannah, GA, 2011 (Update on ERISA Fee Litigation and the Impact of the Regulations).

Gretchen S. Obrist, Note, The Nebraska Supreme Court Lets Its Probation Department Off the Hook in Bartunek v. State: “No Duty” as a Non-Response to Violence Against Women and Identifiable Victims, 83 Neb. L. Rev. 225 (2004).

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Lisa Faye Petak practices in Keller Rohrback’s Complex Litigation Practice Group. Prior to joining Keller Rohrback, she served as a judicial law clerk to the Honorable Otis D. Wright, II, U.S. District Judge for the Central District of California. She also practiced in New York City, where she litigated national mass tort actions as an associate for one of the nation’s largest plaintiffs’ firms. As a member of the third graduating class of the UC Irvine School of Law, she founded the school’s annual production of The Vagina Monologues and helped raise over $15,000 for the school’s domestic violence clinic, served as an intern for the ACLU’s Reproductive Freedom Project and for its Colorado affiliate, argued before the Ninth Circuit as part of the school’s Appellate Litigation Clinic, and advocated for her classmates as President of the Student Bar Association. LISA FAYE PETAK Prior to law school, she worked for a national women’s reproductive rights nonprofit in Washington, DC and the Washington Bureau of The New York Times. CONTACT INFO 801 Garden Street, Suite 301 Santa Barbara, CA 93101 BAR & COURT ADMISSIONS (805) 456-1496 2014, California [email protected] 2014, U.S. District Court for the Central District of California

2017, U.S. District Court for the Northern District of California PRACTICE EMPHASIS • Class Actions 2017, U.S. District Court for the Eastern District of California • Consumer Protection PUBLICATIONS & PRESENTATIONS EDUCATION Lisa Faye Petak, A Winding Road Ahead for Abortion Rights, State Obligations, American University Hamilton-Griffin on Rights (July 2015). Dual B.A., cum laude, 2008, Literature and Political Science Lisa Faye Petak, Kansas Fetal Dismemberment Statute: Too Rare to Care?, Hamilton-Griffin on Rights (April 2015). University of Chicago M.A., cum laude, 2009, Humanities Lisa Faye Petak, Pregnancy Discrimination: A Glimmer of Hope?, Hamilton- Griffin on Rights (December 2014). University of California, Irvine School of Law Adam Liptak and Lisa Faye Petak, Juvenile Killers in Jail for Life Seek Reprieve, The New York Times (April 20, 2011). J.D., 2014; Best Advocate, 2013 UC Irvine Moot Court Lisa Faye Petak, Young Lawyers Turn to Public Service, The New York Times Competition; UC Irvine Law Review (August 19, 2010).

Charlie Savage and Lisa Faye Petak, A B-? The Shock! The Horror!, The New York Times (May 24, 2010).

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David Preminger is a practiced advocate for employees, retirees, and beneficiaries. The resident partner in the firm’s Complex Litigation Group New York office, David focuses on Employee Retirement Income Security Act (“ERISA”) fiduciary breach class action cases as well as individual benefit claims. He has been litigating ERISA cases for over 40 years, since the Act’s passage in 1974. David has been the lead counsel or co-counsel on numerous ERISA cases alleging misconduct in connection with the investment of retirement plan assets, including Hartman et al. v. Ivy Asset Management et al., a case involving fiduciary breach related to Madoff investments that resulted in a $219 million settlement with consolidated cases. He has been involved in ERISA cases against Bear Stearns, Merrill Lynch, Colonial BancGroup and Marsh & McLennan resulting in multi-million dollar settlements on behalf of DAVID PREMINGER class members. David’s familiarity with the changes to and nuances of ERISA law allows him to expertly and efficiently interpret the statute and regulations and analyze issues on behalf of his clients. He has handled over 100 trials CONTACT INFO and in addition to his ERISA experience has extensive experience litigating 1140 Avenue of the Americas, and negotiating antitrust, real estate, civil rights, family law, and general Ninth floor commercial and corporate matters. New York, NY 10036 Prior to joining Keller Rohrback, David was a partner at Rosen Preminger & (646) 380-6690 Bloom LLP where his successes included the In re Masters Mates & Pilots Pension Plan and IRAP Litigation. He was previously a Supervisory Trial [email protected] Attorney for the Equal Employment Opportunity Commission, a Senior Attorney with Legal Services for the Elderly Poor, and a Reginald Heber PRACTICE EMPHASIS Smith Fellow with Brooklyn Legal Services. He is a charter fellow of the • Class Actions American College of Employee Benefits Counsel, a senior editor of Employee • Employee Benefits & Benefits Law (Bloomberg BNA), and Chair of the Board of Mabou Mines, an Retirement Security experimental theater company in New York City, for the past 20 years. • Fiduciary Breach BAR & COURT ADMISSIONS EDUCATION 1973, New York Rutgers University 1973, U.S. District Court for the Eastern District of New York B.A., 1969, Mathematics 1974, U.S. District Court for the Southern District of New York New York University School of 1974, U.S. Court of Appeals for the Second Circuit Law 1976, United States Supreme Court J.D., 1972 New York 1991, U.S. District Court for the Western District of New York 1993, U.S. Court of Appeals for the Ninth Circuit 1995, U.S. District Court for the Northern District of New York 2001, U.S. Court of Appeals for the District of Columbia Circuit 2006, U.S. Court of Appeals for the Seventh Circuit

2010, U.S. Court of Appeals for the Fourth Circuit

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PROFESSIONAL & CIVIC INVOLVEMENT The Association of the Bar of the City of New York, Member, Committee on Employee Benefits, 1993-1996; 1996-1999; 2002-2005; Committee on Legal Problems of the Aging, 1985-1988 New York State Bar Association, Member American Bar Association, former Co-Chair, Fiduciary Responsibility Subcommittee; Committee on Employee Benefits , Labor and Employment Section; former Co- Chair, Subcommittee on ERISA Preemption and the Subcommittee on ERISA Reporting and Disclosure American College of Employee Benefits Counsel,Member and Charter Fellow

PUBLICATIONS & PRESENTATIONS Mr. Preminger regularly speaks at conferences on ERISA and employee benefits litigation and has lectured at New York University School of Law, Saint John’s University School of Law, and Rutgers University, and has testified before Congress on proposed amendments to ERISA and participated in New York State Attorney General’s hearings on protection of pension benefits.

Senior Editor, Employee Benefits Law (BNA)

Preminger & Clancy, Aspects of Federal Jurisdiction Under Sections 301(c)(5) and 302(e) of The Taft-Hartley Act – The “Sole and Exclusive Benefit Requirement,” 4 Tex. S. U. L. Rev. 1 (1976).

David S. Preminger, E. Judson Jennings & John Alexander, What Do You Get With the Gold Watch? An Analysis of the Employee Retirement Income Security Act of 1974. 17 Ariz. L. Rev. 426 (1975).

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Matthew Preusch practices in Keller Rohrback’s nationally-recognized Complex Litigation Group. Before joining Keller Rohrback, Matthew served as an honors attorney in the Oregon Department of Justice’s appellate and trial divisions. He was a judicial extern for the Hon. Michael W. Mosman in the District of Oregon during law school. Prior to his legal career, he spent 10 years as a journalist in the Pacific Northwest, covering regional and national news for The Oregonian, The New York Times and other publications. Matthew is passionate about protecting people and the environment. He’s helped initiate landmark consumer litigation related to Volkswagen’s “Clean Diesel” deceit and Wells Fargo’s unauthorized account scheme. When studies of moss samples in trees in Portland, Oregon identified several pollution “hotspots” in that city, he and others at Keller Rohrback launched cases on MATTHEW PREUSCH behalf of residents to hold the responsible manufacturers accountable. Working on behalf of government entities, including the State of Oregon, Matthew has investigated or is litigating claims related to PCB contamination CONTACT INFO and the opioid epidemic. 801 Garden Street, Suite 301 Santa Barbara, CA 93101 BAR & COURT ADMISSIONS (805) 456-1496 2014, California [email protected] 2014, U.S. District Court for the Central District of California

PRACTICE EMPHASIS 2014, U.S. District Court for the Eastern District of California • Consumer & Data Privacy 2014, U.S. District Court for the Northern District of California Protection 2014, U.S. District Court for the Southern District of California • Environmental Litigation • Governments and 2014, U.S. Court of Appeals for the Ninth Circuit Municipalities 2013, Oregon

EDUCATION 2013, U.S. District Court for the District of Oregon Pomona College B.A., 2000, Politics, Philosophy, PROFESSIONAL & CIVIC INVOLVEMENT and Economics Oregon State Bar Association, Environmental and Natural Resources Section, Lewis & Clark Law School Case Notes Editor

J.D., magna cum laude, 2013, Federal Bar Association, Member Environmental & Natural Resources Law Certificate

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PUBLICATIONS & PRESENTATIONS Panelist, Lewis and Clark Law School, Public Interest Law Project, ” Cutting-Edge Bet the Company Mega Class Action CLE” February 2016 Speaker, Harris Martin Porter Ranch Gas Leak Litigation Conference, “Remedies,” 19 January 2016 Don’t Say, “No Comment”: How To Ethically and Effectively Talk to Reporters, Santa Barbara County Bar Association (Sep. 16, 2015) Oregon State Bar Environmental & Natural Resources Section Case Notes (July 2015) Matthew Preusch, Tim Weaver, Yakama Tribes’ Salmon Champion, Says His Goodbyes, The Oregonian (Jan. 1, 2010). Matthew Preusch, DEQ to Help Polluter Seek Federal Break on Mercury Emission, The Oregonian (Aug. 19, 2009). Matthew Preusch, Amid Forests Ashes, A Debate Over Logging Profits is Burning On, The New York Times (Apr. 15, 2004) Panelist, Bridgeport Consumer Class Action Litigation Conference, “Current State of the Law on Ascertainability and Standing,” January 2016

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Erin Riley knows that strong relationships are key in complex cases. Erin was a summer associate at Keller Rohrback in 1999, and joined Keller Rohrback’s complex litigation group in 2000. Since the Fall of 2001, her practice has focused on representing employees and retirees in ERISA actions involving defined contribution, defined benefit, and health benefit plans. She has successfully litigated a number of ERISA breach of fiduciary duty cases including cases filed against Washington Mutual, Merrill Lynch and WorldCom. Erin has worked on ERISA-related articles and amicus briefs, and has spoken at ERISA-related conferences. She is a former Plaintiffs’ Co-Chair of the Civil Procedure Subcommittee for the ABA Employee Benefits Committee, and is currently a senior editor of the Employee Benefits Law (BNA) treatise. ERIN RILEY She earned her J.D. from the University of Wisconsin, where she served as an editor of the Wisconsin Law Review. She received her undergraduate degree from Gonzaga University. CONTACT INFO When not at work, Erin enjoys spending time with her family and friends. 1201 Third Avenue, Suite 3200 Seattle, WA 98101 BAR & COURT ADMISSIONS (206) 623-1900 2000, Wisconsin [email protected] 2000, Washington

PRACTICE EMPHASIS PROFESSIONAL & CIVIC INVOLVEMENT • Appeals Wisconsin State Bar Association, Member • Class Actions King County Bar Association, Member • Employee Benefits & Retirement Security Washington State Bar Association, Member • Fiduciary Breach Civil Procedure Sub-Committee for the ABA Employee Benefits Committee, Plaintiffs’ Co-Chair, 2012 – 2016 • Financial Products and Services Employee Benefits Law (BNA), Chapter Editor, 2012 – 2016 • Securities Employee Benefits Law (BNA), Senior Editor, 2016 - present

EDUCATION HONORS & AWARDS Gonzaga University Selected to Rising Stars list in Super Lawyers – Washington, 2009 B.A., cum laude, 1992, French & History University of Wisconsin Law School J.D., cum laude, 2000, Wisconsin Law Review

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ARTICLES & PRESENTATIONS Erin M. Riley and Gretchen S. Obrist, Contributors, “Attorneys Reflect on 40 Years of ERISA’s Biggest Court Panelist, ABA Section of Labor and Employment Law, Rulings” Pension & Benefits Daily, Bloomberg BNA, Employee Benefits Committee – Mid-Winter Meeting, discussing CIGNA Corp. v. Amara, 131 S.Ct. 1866, 50 EBC Austin, TX, 2017 (How to Get the Class Action Settlement 2569 (U.S. 2011) (95 PBD, 5/17/11; 38 BPR 990, 5/24/11) Your Client Needs). (http://www.bna.com) Quoted in Jacklyn Wille, “Ninth Circuit Adopts Pro-Worker Erin M. Riley and Gretchen S. Obrist, “The Impact of Fifth Pension Framework,” Pension & Benefits Daily, Bloomberg Third Bancorp v. Dudenhoeffer: Finally, a Court Gets it BNA (Apr. 22, 2016) (www.bna.com). Right!” Pension & Benefits Daily, Bloomberg BNA (154 PBD, 8/11/2014) (http://www.bna.com). “Amgen Inc. v. Harris: What is the Status of ERISA Company Stock Cases Post-Amgen,” ABA Employee Benefits Lynn L. Sarko and Erin M. Riley, Brief for Law Professors Committee Newsletter, Spring, 2016. as Amici Curiae in Support of the Respondents, Fifth Third Bancorp v. Dudenhoeffer, No. 12-751 (U.S. March 5, 2014). Speaker, ACI ERISA Litigation, Chicago, IL, 2016 (Supreme Court Roundup). “Erin M. Riley Explores the Pro-Plaintiff Aspects of the Citigroup Ruling”, ERISA Litigation Tracker: Litigator Panelist, ABA Section of Labor and Employment Law, Q&A, Bloomberg BNA (Dec. 1, 2011). Reproduced with Employee Benefits Committee – Mid-Winter Meeting, Las permission from ERISA Litigation Tracker Litigator Q & A Vegas, NV, 2016 (mock mediation). (Dec. 5, 2011). Copyright 2011 by The Bureau of National Quoted in Andrea L. Ben-Yosef, “Class Action Suits on Plan Affairs, Inc. (800-372-1033) Fees Steam Ahead,” Pension & Benefits Blog, Bloomberg Sarah H. Kimberly, Erin M. Riley, “Court Declines to BNA (Feb. 10, 2016) (www.bna.com). Limit Damages in Neil v. Zell”, ABA Employee Benefits Br. of Amicus Curiae of Pension Rights Center in Supp. of Committee Newsletter (Spring, 2011). Petition, Pundt v. Verizon Communications, No. 15-785 (U.S. Derek W. Loeser, Erin M. Riley and Benjamin Gould, “2010 2016). ERISA Employer Stock Cases: The Good, the Bad, and the Br. of Amicus Curiae AARP and National Employment In-Between Plaintiffs’ Perspective”, Bureau of National Lawyers Association in Supp. of Pls.-Appellees, Whitley v. Affairs, Inc. (Jan. 28, 2011). BP, P.L.C., No. 15-20282 (5th Cir. Oct. 28, 2015). Derek W. Loeser and Erin M. Riley, “The Case Against the Br. of The Pension Rights Center as Amicus Curiae in Supp. Presumption of Prudence”, Bureau of National Affairs, Inc. of Resp’t, Spokeo, Inc. v. Robins, No. 13-1339 (U.S. Sept. 4, (Sept. 10, 2010). 2015). Lynn L. Sarko, Erin M. Riley, and Gretchen S. Obrist, Brief for Law Professors as Amici Curiae in Support of the Petitioners, Tibble, et al. v. Edison International, et al., No. 13-550 (U.S. 2014). Quoted in Jacklyn Wille, “High Court to Address Statute of Limitations for Suits Challenging Retirement Plan Fees,” Pension & Benefits Daily, Bloomberg BNA (Oct. 3, 2014) (www.bna.com). Speaker, Western Pension & Benefits Council – 2014 Spring Seminar, Seattle, WA, 2014 (What’s New in Fiduciary Litigation?).

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As a licensed veterinarian, Mark’s medical knowledge helps get his clients the results they deserve. Given his strong medical science background, Mark’s practice focuses on tort law, including medical negligence, product liability, and other significant personal injury cases. He has nearly 30 years of experience litigating medical malpractice cases with victories including the landmark Edwards verdict, a transfusion-associated AIDS case which remains one of the largest personal injury verdicts in Arizona history. Mark was born in New York, but he moved to the Phoenix area in 1959 and grew up there. He practiced from 1986 to 1995 at Meyer, Hendricks, Victor, Osborn & Maledon, becoming a member in 1992. In 1995, Mark formed Dalton Gotto Samson & Kilgard, P.L.C. (“DGSK”) and was one of the members of DGSK who formed Keller Rohrback P.L.C. in 2002. MARK D. SAMSON BAR & COURT ADMISSIONS CONTACT INFO 1986, Arizona 3101 North Central Avenue, Suite 1986, U.S. District Court for the District of Arizona 1400 1986, U.S. Court of Appeals for the Ninth Circuit Phoenix, AZ 85012 1986, U.S. Supreme Court (602) 248-2822 2008, Washington, D.C. [email protected] PROFESSIONAL & CIVIC INVOLVEMENT PRACTICE EMPHASIS Maricopa County Bar Association, Member • Medical Malpractice Litigation Arizona State Bar Association, Member • Products Liability - Plaintiffs American Association for Justice, Member • Personal Injury Litigation Arizona Association for Justice, Sustaining Member • Commercial Litigation • Complex Litigation PUBLICATIONS & PRESENTATIONS EDUCATION Speaker, National Meeting of American Veterinary Medical Law Association, Tort and regulatory issues affecting veterinarians,1995. Arizona State University B.S., summa cum laude, 1976, Bio- Chairman, Maricopa County Bar Association Seminar on Anatomy, 1994. Ag Sciences Chairman, Maricopa County Bar Association Seminar on Medical Malpractice Washington State University in the Ages of Disclosure. College of Veterinary Medicine Speaker, Arizona Trial Lawyers Association Medical Malpractice Seminar, D.V.M., summa cum laude, 1980 Use of medical literature in the courtroom, 1996; New legal theories in medical Washington State University malpractice, 1999. College of Veterinary Medicine Co-Chair, Arizona Trial Lawyers Association, Anatomy of Pain, 2002. M.S., 1983, Veterinary Anatomy Arizona State University College Speaker, Arizona Veterinary Medical Association, Application of legal principles of Law to veterinary medicine, 1999-2003. J.D., summa cum laude, 1986, Order of the Coif

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PUBLICATIONS & PRESENTATIONS (CONT) Speaker Arizona Paralegal Association, Settlement conferences versus trial in medical malpractice cases, 2002; Changes and issues in Arizona’s ethical rules for attorneys, 2003.

Maricopa County Bar Association, Punitive Damages after Campbell v. State Farm, May 2003.

Chairman, Arizona State Bar, New Ethical Rules in Arizona, Oct. 2003.

Maricopa County Bar Association, Liens Again, 2004.

Maricopa County Bar Association, Arizona Appellate Update, 2005.

Co-Chairman, Arizona Trial Lawyers Association, Liens, Jan. 2006.

Blackwell’s 5-Minute Veterinary Manager, Negotiation (2006).

Chairman, Arizona Trial Lawyers Association, Rapid Fire on Litigation Issues, Oct. 2006.

Co-Chairman, Arizona Trial Lawyers Association, Trial Practice - Damages, 2007.

Arizona Trial Lawyers Association, Issues in FTCA Claims, 2008.

Arizona Trial Lawyers Association, Loss of a Chance in Med Mal Cases, 2008.

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Chris Springer is dedicated to working to help people who have been harmed by the unlawful conduct of large corporations and other entities. He is a member of Keller Rohrback’s nationally-recognized Complex Litigation Group and practices in the firm’s Santa Barbara office. He is experienced in cases involving consumer protection, data security, environmental protection, disability access, employment rights and ERISA.

BAR & COURT ADMISSIONS 2013, California

PROFESSIONAL & CIVIC INVOLVEMENT CHRIS SPRINGER California State Bar Association, Member HONORS & AWARDS CONTACT INFO American Jurisprudence Award, Civil Procedure 801 Garden Street, Suite 301 Santa Barbara, CA 93101 (805) 456-1496 [email protected]

PRACTICE EMPHASIS • Class Actions • Consumer Protection • Environmental Litigation • Employee Benefits and Retirement Security

EDUCATION Dartmouth College Bachelor of Arts, cum laude, 2000 U.C. Berkeley School of Law J.D., 2008

SEATTLE OAKLAND NEW YORK PHOENIX SANTA BARBARA RONAN 800-776-6044 | [email protected] | www.krcomplexlit.com Case 3:15-cv-02159-VC Document 186-1 Filed 01/19/18 Page 89 of 96

Karin Swope is focused on client success. As a member of the firm’s nationally recognized Complex Litigation Group, Karin represents clients in intellectual property litigation and counseling, consumer protection law, ERISA law, antitrust and securities litigation, with a particular emphasis in federal court litigation. Ms. Swope has represented clients for over 20 years in proceedings before the United States Patent and Trademark Office, as well as in state and federal courts across the country. She has represented companies and sovereign nations in protecting their intellectual property rights. She has protected the retirement funds of employees whose employers had breached their fiduciary duties in violation of ERISA, in cases against Washington Mutual, State Street Bank and Regions Financial Corporation, among others. She has helped consumers fight against unfair and deceptive practices, and has helped to change consumer protection law in the process. She has also represented KARIN SWOPE shareholders in complex securities litigation. CONTACT INFO Following her graduation from Columbia Law School, Karin served as a law clerk to the Honorable John C. Coughenour in the U.S. District Court for the 1201 Third Avenue, Suite 3200 Western District of Washington, and as a law clerk to the Honorable Robert Seattle, WA 98101 E. Cowen of the U.S. Court of Appeals, Third Circuit. She has been an Adjunct (206) 623-1900 Professor of Intellectual Property Law at Seattle University School of Law since [email protected] 2008, and is a member of IP Inn of Court. PRACTICE EMPHASIS BAR & COURT ADMISSIONS • Appeals 1994, Washington • Class Actions • Consumer Protection 1997, U.S. District Court for the Western District of Washington • Employee Benefits and 1997, U.S. Court of Appeals for the Ninth Circuit Retirement Security 2006, U.S. District Court for the Northern District of California • Employment Law 2006, U.S. District Court for the Central District of California • Fiduciary Breach • Intellectual Property Litigation 2007, U.S. Court of Appeals for the Second Circuit • Intellectual Property 2009, Western District of Tennessee Counseling 2010, U.S. Patent and Trademark Office • Securities 2010, U.S. District Court for the Middle District of Florida EDUCATION 2010, U.S. Court of Appeals for the Eleventh Circuit Amherst College B.A., magna cum laude, 2010, U.S. Supreme Court Phi Beta Kappa 2015, U.S. Court of Appeals for the Tenth Circuit Columbia Law School J.D. Harlan Fiske Stone Scholar Executive Articles Editor, Columbia Human Rights Law Review Paul Bernstein Scholarship Recipient

SEATTLE OAKLAND NEW YORK PHOENIX SANTA BARBARA RONAN 800-776-6044 | [email protected] | www.krcomplexlit.com Case 3:15-cv-02159-VC Document 186-1 Filed 01/19/18 Page 90 of 96

PROFESSIONAL & CIVIC INVOLVEMENT Adjunct Professor, Seattle University School of Law, Intellectual Property Law Member of IP Inn of Court National Employment Lawyers Association, ERISA Amicus Committee Member and Amicus Brief Writer ABA Tort, Trial and Insurance Law Journal, Associate Editor Washington State Bar Association, Member American Bar Association, Member, Tort Trial & Insurance Practice and Intellectual Property sections King County Bar Association, Member, Intellectual Property section HONORS & AWARDS Selected to Rising Stars list in Super Lawyers - Washington, 2006 PUBLICATIONS & PRESENTATIONS Speaker, Federal Court Practice Bootcamp, 2011,2012 Speaker, National Employment Lawyers Association Annual Convention, Atlanta, GA, ERISA Hot Topics, 2008. Co-Chair and Speaker, WSBA CLE, IP For the Rest of Us, 2007-2009. Speaker, WSBA CLE, 11th Annual Intellectual Property Institute, The Year in Trademark Law, 2006. Speaker, King County Bar Association CLE, Electronic Discovery, 2006. Speaker, WSBA CLE, Hot Trends in Intellectual Property Damages, 2005. Karin B. Swope, 5K2.0 Departures: A Backdoor out of the Federal Sentencing Guidelines, 24 Colum. Hum. Rts. L. Rev. 135 (1993). Executive Articles Editor, Columbia Human Rights Law Review, 1992-1993.

SEATTLE OAKLAND NEW YORK PHOENIX SANTA BARBARA RONAN 800-776-6044 | [email protected] | www.krcomplexlit.com Case 3:15-cv-02159-VC Document 186-1 Filed 01/19/18 Page 91 of 96

Havila Unrein gives her clients a voice in the legal system. Havila practices in Keller Rohrback’s nationally recognized Complex Litigation Group, where she is dedicated to helping clients who have been harmed by others engaged in fraud, cutting corners, and abuses of power. Havila made significant contributions to Hartman et al. v. Ivy Asset Management et al., a case involving fiduciary breach related to Madoff investments that resulted in a $219 million settlement with consolidated cases. She currently represents plaintiffs in multiple cases alleging violations of the Employee Retirement Income Security Act of 1974 (“ERISA”) by healthcare institutions attempting to claim exempt “church plan” status under ERISA. During law school, Havila provided tax and business advice to low-income HAVILA UNREIN entrepreneurs and high-tech start-ups as a student in the Entrepreneurial Law Clinic. She also served as an extern to the Honorable Stephanie Joannides of CONTACT INFO the Anchorage Superior Court. Prior to law school, Havila worked and studied abroad in Russia, Azerbaijan, and the Czech Republic. 407 Main St. SW, Ste. 3 Ronan, MT 59864 BAR & COURT ADMISSIONS (406) 281-7231 2008, Washington [email protected] 2009, U.S. District Court for the Western District of Washington

PRACTICE EMPHASIS 2012, Montana • Class Actions 2012, U.S. Court of Appeals for the Ninth Circuit • Consumer Protection 2012, U.S. District Court for the District of Montana • Employee Benefits and 2013, California Retirement Security 2013, U.S. District Court for the District of Colorado • Environmental Contamination 2013, U.S. District Court for the Central District of California • Fiduciary Breach 2013, U.S. District Court for the Eastern District of California • Financial Products and Services 2013, U.S. District Court for the Northern District of California • Mass Personal Injury 2013, U.S. District Court for the Southern District of California • Securities 2014, U.S. Court of Appeals for the Sixth Circuit • Whistleblower PROFESSIONAL & CIVIC INVOLVEMENT EDUCATION California State Bar Association, Member Dartmouth College Santa Barbara County Bar Association, Member B.A., magna cum laude, 2003, Russian Area Studies Washington State Bar Association, Member University of Washington King County Bar Association, Member School of Law Montana State Bar Association, Member J.D./LL.M. (Tax), with honors, 2008

SEATTLE OAKLAND NEW YORK PHOENIX SANTA BARBARA RONAN 800-776-6044 | [email protected] | www.krcomplexlit.com Case 3:15-cv-02159-VC Document 186-1 Filed 01/19/18 Page 92 of 96

Amy Williams-Derry’s practice at Keller Rohrback L.L.P. combines her passion for protecting people and the environment with her talent and experience in commercial litigation, complex financial transactions, and consumer protection. Amy is a senior member of the complex litigation group at Keller Rohrback, where she draws on her diverse background representing plaintiffs, defendants, and coordinating with federal and state governmental entities to secure the best results for her clients. Prior to law school, Amy worked on environmental and transportation issues in Washington, D.C. At the University of Virginia School of Law, Amy was the Editor-in-Chief of the Virginia Environmental Law Journal. After practicing commercial litigation for five years with a prominent Seattle firm, Amy applied her trial, arbitration, and mediation experience AMY WILLIAMS-DERRY to an environmental law fellowship in the non-profit sector. Working with Earthjustice, she fought for salmon, old-growth timber forests, and endangered species in litigation in state and federal courts throughout the CONTACT INFO Pacific Northwest. 1201 Third Avenue, Suite 3200 Amy joined Keller Rohrback in 2005 with this wealth of experience in Seattle, WA 98101 commercial litigation and environmental law. At Keller Rohrback, Amy has (206) 623-1900 expanded her docket to include complex class actions, investor cases, and multi-defendant actions. Amy thrives on solving complex problems by [email protected] looking at them from a variety of angles, and her practice has flourished at Keller Rohrback where she has played key roles in cases nationwide in PRACTICE EMPHASIS ERISA, securities, complex financial transactions, consumer protection, and • Class Actions environmental actions on behalf of both institutions and individuals. • Consumer and Data Privacy Amy has represented clients in proceedings involving the U.S. Department of Protection Justice, as well as in mediation and arbitration settings, including before the National Labor Relations Board, National Association of Securities Dealers, and • Employee Benefits and the New York Stock Exchange. Amy’s current representative cases include Doe, Retirement Security et al. v. Donald Trump, President of the United States, et al. (W.D. Wash.), Federal • Environmental Litigation Home Loan Bank of Boston v. Ally Financial, Inc., et al. (Suffolk Cty. Mass.),Federal Home Loan Bank of Chicago v. Banc of America Funding Corp., et al. (Cook Cty. Ill.), • Fiduciary Breach Financial and Oregon v. Monsanto Co., et al. (Multnomah Cty. Ore.). Projects and Services Amy serves as a cooperating attorney with the American Civil Liberties Union • Institutional Investors (ACLU) of Washington, and is a Special Assistant Attorney General for the State • Securities of Oregon. • Whistleblower

EDUCATION Brown University B.A., with honors, 1993 Sociology University of Virginia School of Law J.D., 1998; Editor in Chief, Virginia Environmental Law Journal, 1997-1998

SEATTLE OAKLAND NEW YORK PHOENIX SANTA BARBARA RONAN 800-776-6044 | [email protected] | www.krcomplexlit.com Case 3:15-cv-02159-VC Document 186-1 Filed 01/19/18 Page 93 of 96

BAR & COURT ADMISSIONS Association ERISA Conference, Employer Stock Cases and Cash Balance Plans, Scottsdale, AZ, 2008. 1998, Washington Presenter, Washington State Bar Association, Employment 1998, U.S. District Court for the Western District of Benefits CLE,Hot Topics in ERISA Class Action Litigation, Washington Seattle, WA, 2010. 1998, U.S. District Court for the Eastern District of Presenter, HarrisMartin MDL Conference: Fantasy Sports, Washington Volkswagen, Porsche, and Pharmaceutical Litigation, Cape 1999, U.S. Court of Appeals for the Ninth Circuit Coral, FL 2016

2007, U.S. District Court for the Eastern District of Presenter, HarrisMartin Aliso Canyon Gas Leak Litigation Michigan Conference, Santa Barbara, CA 2016. 2007, U.S. Court of Appeals for the Second Circuit Presenter, HarrisMartin MDL Conference: Environmental 2014, U.S. Court of Appeals for the First Circuit Contamination Cases, Seattle, WA 2016. 2015, U.S. Supreme Court Presenter, Doe v. Trump, et al., Law & Religion Symposium 2015, Massachusetts University of Washington School of Law, 2017.

PROFESSIONAL & CIVIC INVOLVEMENT King County Bar Association, Member Washington State Bar Association, Member American Bar Association, Member WithinReach, Board of Directors, 2006-2009 The Evergreen School, Annual Giving Co-Chair, 2012-2013 Washington Women Lawyers, Member King County Washington Women Lawyers, Member The National Association of Public Pension Attorneys, Member

HONORS & AWARDS Selected to Rising Stars list in Super Lawyers - Washington, 2003-2009 AV®, Peer Review Top-Rated by Martindale-Hubbell

PUBLICATIONS & PRESENTATIONS

No Surprises After Winstar: Contractual Certainty and Habitat Conservation Planning Under the Endangered Species Act, 17 Va. Envtl. L.J. 357 (1998)

Presenter, American Law Institute-American Bar

SEATTLE OAKLAND NEW YORK PHOENIX SANTA BARBARA RONAN 800-776-6044 | [email protected] | www.krcomplexlit.com Case 3:15-cv-02159-VC Document 186-1 Filed 01/19/18 Page 94 of 96

Mike Woerner works for the public good. A member of Keller Rohrback’s nationally recognized Complex Litigation Group since 1985, Mike focuses on class action and mass personal injury cases. He is skilled at focusing the Courts’ attention on key issues in litigation and at negotiating favorable settlements to bring relief to people who have experienced physical, emotional, and financial harm from environmental contamination, dangerous pharmaceutical drugs, and other negligent acts with far-reaching consequences. Mike was a member of the litigation team that received the 1995 Trial Lawyer of the Year Award from Trial Lawyers for Public Justice for the In re Exxon Valdez litigation resulting from the devastation of thousands of miles of fishing ground around Prince William Sound, Kodiak Island, Chignik, and Cook Inlet MICHAEL WOERNER after the infamous oil spill. He has more recently represented hundreds of clients in multiple states at risk of heart-valve damage or primary pulmonary hypertension from fen-phen diet drugs. Mike also has experience litigating CONTACT INFO and negotiating widespread medical negligence issues and misconduct by 1201 Third Avenue, Suite 3200 fiduciaries charged with investing retirement plan assets. With his focus on Seattle, WA 98101 impact litigation, Mike strives to achieve full compensation for his clients as (206) 623-1900 well as to compel institutional reform and change the conduct of powerful bad actors to prevent them from causing future harm. [email protected] Outside of work, Mike enjoys traveling with his family experiencing new places PRACTICE EMPHASIS and cultures, as well as staying closer to home cheering on his kids’ basketball and volleyball teams. • Class Actions • Consumer & Data Privacy Protection BAR & COURT ADMISSIONS • Environmental Litigation 1985, Washington • Mass Personal Injury • Medical Negligence PROFESSIONAL & CIVIC INVOLVEMENT King County Bar Association, Member EDUCATION Washington State Bar Association, Member University of Puget Sound American Bar Association, Member B.S., 1982 Notre Dame Law School HONORS & AWARDS J.D., 1985 Trial Lawyer of the Year – Trial Lawyers for Public Justice, 1995

SEATTLE OAKLAND NEW YORK PHOENIX SANTA BARBARA RONAN 800-776-6044 | [email protected] | www.krcomplexlit.com Case 3:15-cv-02159-VC Document 186-1 Filed 01/19/18 Page 95 of 96

Practicing law is a family tradition for Laura Zanzig-Wong, who joined Keller Rohrback’s nationally-acclaimed Complex Litigation Group in September 2017. Both of Laura’s parents are lawyers.

“I’ve always looked up to my parents, particularly my mom, who has been such a strong female role model both personally and professionally. I’m proud to follow in their footsteps,” Laura said.

Laura, who grew up in Seattle, attended the University of Washington Law School and was the associate editor-in-chief of the Washington Law Review. Although some of her colleagues might prefer the debate or oral aspects of practicing law, for Laura it’s about the writing.

“It’s something I can really dive into,” she said. “I love to learn. I hope that my LAURA ZANZIG- career will keep me learning.” WONG Her love of legal writing led her to pursue clerkships for the U.S. District Court for the Western District of Washington and Washington State Court of Appeals, CONTACT INFO Division One. She spent four years writing bench memoranda and working with judges to draft and finalize opinions. 1201 Third Avenue, Suite 3200 Seattle, WA 98101 Laura is currently working on litigation involving overcharges of prescription drugs including the skyrocketing costs of diabetes drugs including insulin and (206) 623-1900 glucagon. She’s also part of the Keller Rohrback team investigating the inflated [email protected] prices of the rheumatoid arthritis drugs Enbrel and Humira.

The upbeat and compassionate attorney is grateful to be able to use her skills PRACTICE EMPHASIS to help others. “It feels good to be able to say I’m going to work to help diabetes • Class Action and Consumer patients pay less for drugs that they’re getting overcharged for,” she said. Litigation

EDUCATION BAR & COURT ADMISSIONS University of Washington 2014, Washington B.A., 2009, cum laude, History University of Washington PROFESSIONAL & CIVIC INVOLVEMENT School of Law Vis International Moot Court Team, Brief Coach J.D., 2013, Associate Editor-in-Chief, Seattle Girls’ School, Mentor Washington Law Review Washington State Bar Association, Member Federal Bar Association, Member

ARTICLES & PRESENTATIONS Andrew Murphy & Laura Zanzig, Exhaustion of Administrative Remedies in Washington State, 91 Wash. L. Rev. Online 217 (2016). Laura Zanzig, The Perfect Pairing: Protecting U.S. Geographical Indications With a Sino-American Wine Registry, 88 Wash. L. Rev. 723 (2013).

SEATTLE OAKLAND NEW YORK PHOENIX SANTA BARBARA RONAN 800-776-6044 | [email protected] | www.krcomplexlit.com Case 3:15-cv-02159-VC Document 186-1 Filed 01/19/18 Page 96 of 96

SEATTLE Keller Rohrback L.L.P. 1201 Third Avenue, Suite 3200 Seattle, WA 98101 P: 206.623.1900 | F: 206.623.3384

PHOENIX Keller Rohrback L.L.P. 3101 North Central Avenue, Suite 1400 Phoenix, AZ 85012 P: 602.248.0088 | F: 602.248.2822

SANTA BARBARA Keller Rohrback L.L.P. 801 Garden Street, Suite 301 Santa Barbara, CA 93101 P: 805.456.1496 | F: 805.456.1497

NEW YORK Keller Rohrback L.L.P. 1140 Avenue of the Americas, Ninth floor New York, NY 10036 P: 646.380.6690 | F: 646.380.6692

OAKLAND Keller Rohrback L.L.P. 300 Lakeside Drive, Suite 1000 Oakland, CA 94612 P: 510.463.3900 | F: 510.463.3901

RONAN Keller Rohrback L.L.P. 407 Main St. SW, Suite 3 Ronan, MT 59864 P: 406.281.7231 | F: 805.456.1497 Case 3:15-cv-02159-VC Document 186-2 Filed 01/19/18 Page 1 of 2

Exhibit B Case 3:15-cv-02159-VC Document 186-2 Filed 01/19/18 Page 2 of 2

Timekeeper Hours Rate Lodestar Partners: Lynn Lincoln Sarko 302.60 $ 995.00 $ 301,087.00 Derek W. Loeser 1,158.80 $ 940.00 $ 1,089,272.00 Jeffrey G. Lewis 14.4 $ 940.00 $ 13,536.00 Mark A. Griffin 4.4 $ 940.00 $ 4,136.00 Gretchen Freeman Cappio 912.40 $ 870.00 $ 793,788.00 T. David Copley 130.80 $ 830.00 $ 108,564.00 Associates: Tanya Korkhov 14.3 $ 650.00 $ 9,295.00 Daniel P. Mensher 671.00 $ 575.00 $ 385,825.00 Benjamin B. Gould 513.40 $ 575.00 $ 295,205.00 Ryan P. McDevitt 7.1 $ 575.00 $ 4,082.50 Michael W. Meredith 553.20 $ 475.00 $ 262,770.00 Alison Smith Gaffney 261.00 $ 475.00 $ 123,975.00 Lisa A. Nowlin 15 $ 475.00 $ 7,125.00 Matthew J. Preusch 868.60 $ 455.00 $ 395,213.00 Kimberly W. LaDuca 409.85 $ 400.00 $ 163,940.00 Tyrone Smith 353.75 $ 400.00 $ 141,500.00 Khesraw (Kash) Karmand 31.7 $ 400.00 $ 12,680.00 Paralegals & Other Professionals: Jason Dillman 13.3 $ 325.00 $ 4,322.50 Sydney Read 40.8 $ 275.00 $ 11,220.00 Max Goins 34.4 $ 275.00 $ 9,460.00 Sara J. Stevens 592.90 $ 270.00 $ 160,083.00 China E. Levy 39.4 $ 255.00 $ 10,047.00 Madeleine (Maddie) D. Lee 19 $ 255.00 $ 4,845.00 Ardua Harris 15.2 $ 255.00 $ 3,876.00 Cate R. Brewer 265.70 $ 250.00 $ 66,425.00 Rebecca L. Heneghen 48.7 $ 250.00 $ 12,175.00 Nicholas P. Stockton 48.5 $ 250.00 $ 12,125.00 Sophie E Bones 24 $ 250.00 $ 6,000.00 Phillip A. Lewis 166.1 $ 245.00 $ 40,694.50 Carly D. Eyler 17.1 $ 230.00 $ 3,933.00 Mark A. Smith 14 $ 230.00 $ 3,220.00 Jennifer Dallape Morgan 80.5 $ 225.00 $ 18,112.50 Zaynah G. Keopraseurt 13.5 $ 225.00 $ 3,037.50 Subtotal 7,655.40 $ 4,481,569.50 Reserve 2,500 $ 585.41* $ 1,463,525.00 TOTAL: $10,155.40 $5,945,094.50

*Blended rate Case 3:15-cv-02159-VC Document 186-3 Filed 01/19/18 Page 1 of 10

Exhibit C1 Case 3:15-cv-02159-VC Document 186-3 Filed 01/19/18 Page 2 of 10 Case 3:15-cv-02159-VC Document 186-3 Filed 01/19/18 Page 3 of 10 Case 3:15-cv-02159-VC Document 186-3 Filed 01/19/18 Page 4 of 10 Case 3:15-cv-02159-VC Document 186-3 Filed 01/19/18 Page 5 of 10 Case 3:15-cv-02159-VC Document 186-3 Filed 01/19/18 Page 6 of 10 Case 3:15-cv-02159-VC Document 186-3 Filed 01/19/18 Page 7 of 10 Case 3:15-cv-02159-VC Document 186-3 Filed 01/19/18 Page 8 of 10 Case 3:15-cv-02159-VC Document 186-3 Filed 01/19/18 Page 9 of 10 Case 3:15-cv-02159-VC Document 186-3 Filed 01/19/18 Page 10 of 10 Case 3:15-cv-02159-VC Document 186-4 Filed 01/19/18 Page 1 of 3

Exhibit C2 Case 3:15-cv-02159-VC Document 186-4 Filed 01/19/18 Page 2 of 3 Case 3:15-cv-02159-VC Document 186-4 Filed 01/19/18 Page 3 of 3 Case 3:15-cv-02159-VC Document 186-5 Filed 01/19/18 Page 1 of 3

Exhibit C3 Case 3:15-cv-02159-VC Document 186-5 Filed 01/19/18 Page 2 of 3 Case 3:15-cv-02159-VC Document 186-5 Filed 01/19/18 Page 3 of 3 Case 3:15-cv-02159-VC Document 186-6 Filed 01/19/18 Page 1 of 3

Exhibit C4 Case 3:15-cv-02159-VC Document 186-6 Filed 01/19/18 Page 2 of 3 Case 3:15-cv-02159-VC Document 186-6 Filed 01/19/18 Page 3 of 3 Case 3:15-cv-02159-VC Document 186-7 Filed 01/19/18 Page 1 of 3

Exhibit C5 Case 3:15-cv-02159-VC Document 186-7 Filed 01/19/18 Page 2 of 3 Case 3:15-cv-02159-VC Document 186-7 Filed 01/19/18 Page 3 of 3 Case 3:15-cv-02159-VC Document 186-8 Filed 01/19/18 Page 1 of 8

Exhibit C6 Case 3:15-cv-02159-VC Document 186-8 Filed 01/19/18 Page 2 of 8 Case 3:15-cv-02159-VC Document 186-8 Filed 01/19/18 Page 3 of 8 Case 3:15-cv-02159-VC Document 186-8 Filed 01/19/18 Page 4 of 8 Case 3:15-cv-02159-VC Document 186-8 Filed 01/19/18 Page 5 of 8 Case 3:15-cv-02159-VC Document 186-8 Filed 01/19/18 Page 6 of 8 Case 3:15-cv-02159-VC Document 186-8 Filed 01/19/18 Page 7 of 8 Case 3:15-cv-02159-VC Document 186-8 Filed 01/19/18 Page 8 of 8 Case 3:15-cv-02159-VC Document 186-9 Filed 01/19/18 Page 1 of 2

Exhibit C7 Case 3:15-cv-02159-VC Document 186-9 Filed 01/19/18 Page 2 of 2 Case 3:15-cv-02159-VC Document 186-10 Filed 01/19/18 Page 1 of 2

Exhibit D Case 3:15-cv-02159-VC Document 186-10 Filed 01/19/18 Page 2 of 2

LIST OF OPT-OUTS

1. Volodymyr Androshchuk 28. Marcelo Kogan 2. Isaac Ashkerazic 29. Keith G. Lee 3. Laurie Astern 30. Brent Lett 4. Ben Ballance 31. Thurman L. Long 5. Beverly A. Bedell 32. Dr. Toni J. Lucero 6. Aaron Bell 33. Alexander R. Mackenzie 7. Lorraine M Betancourt 34. Janeice Moore 8. Kenneth M Buck 35. Virginia P. Morales 9. Pamela Burnett 36. Kim John Overbeck 10. Cheresh Casinelli 37. Eng Ju Ong 11. Juan Francisco Moreno Castillo 38. Tina M. Pienta 12. Songkran Chimkit 39. Todd Ray 13. Zachary Christensen 40. Cynthia Raye Rispaud 14. Jennifer Connors 41. Maria T Rhodes 15. Luis Corvera 42. Roberto Rizzi 16. Bach Dam 43. Marla Rodgers 17. Robert Daniel Desprez 44. Ilene M. Sands 18. Maria B. Diaz 45. David A. Singer 19. Orodina Doreste 46. Daryl & Joanne Singer 20. Harry E. Dye 47. George Weiss 21. Coleman R. Ferguson 48. Thomas Wessel 22. Christine Fuller 49. Fred Wild 23. Samuel Greco 50. Samson Williams 24. Barbara A. Hansell 51. Marion Young (Estate Of Marion 25. Willis Johnson Young) 26. Erin R. Kolp 27. Therese A. Kraemer