1 Robert S. Green (State Bar No. 136183) GREEN WELLING LLP 2 235 Pine Street, 15th Floor San Francisco, CA 94104 3 Telephone: (415) 477-6700 Facsimile: (415) 477-6710 4 Email: [email protected] 5 [Proposed] Liaison Counsel 6 Stuart L. Berman ([email protected]) Sean M. Handler ([email protected]) 7 Robin Winchester ([email protected]) SCHIFFRIN & BARROWAY, LLP 8 280 King of Prussia Road Radnor, PA 19087 9 Telephone: (610) 667-7706 Facsimile: (610) 667-7056 10 [Proposed] Lead Counsel 11 UNITED STATES DISTRICT COURT 12 NORTHERN DISTRICT OF CALIFORNIA 13 DRACENA PARTNERS, LLC, on behalf of ) Case No. C-05-1468-MHP 14 itself and all others similarly situated, ) ) DECLARATION OF ROBIN 15 Plaintiff, ) WINCHESTER IN SUPPORT OF ) MOTION TO APPOINT THE 16 v. ) ROBERTS GROUP AS LEAD ) PLAINTIFF PURSUANT TO SECTION 17 BRIAN M. NESMITH, ROBERT ) 21D (a)(3)(B) OF THE SECURITIES VERHEECKE, and , ) EXCHANGE ACT OF 1934 AND TO 18 INC. ) APPROVE LEAD PLAINTIFF'S ) CHOICE OF COUNSEL 19 Defendants. ) ) Date: July 18, 2005 20 ) Time: 2:00 p.m. ) Dept.: 15 21 ) Judge: Honorable Marilyn Hall Patel 22 23 24 25 26 27 28

DECL. OF R. WINCHESTER ISO MOTION TO APPOINT THE ROBERTS GROUP AS LEAD PLAINTIFF Case No. C-05-1468-MHP

EXHIBIT D FIRM BIOGRAPHY

Schiffrin & Barroway, LLP, comprised of over forty-five attorneys, has specialized in prosecuting complex class action litigation for nearly twenty years. During this time, S&B has recovered billions of dollars on behalf of our clients and the classes they represent. S&B has developed a nationwide reputation for excellence, focusing primarily on the prosecution of , transactional, derivative and ERISA/401K litigation brought against public companies, their officers and directors, and advisors. In addition, S&B has represented millions of consumers in drug litigation, product liability actions, credit card litigation and antitrust actions.

Since the passage of the Private Securities Litigation Reform Act of 1995, which specifically encouraged large investors, especially institutional investors, to partici- pate as lead plaintiff in securities class actions, S&B has actively and successfully represented public and Taft-Hartley pension funds, institutional money managers and investment advisors, hedge funds and individual investors from around the world in this important role.

280 King of Prussia Road Radnor, Pennsylvania 19087 610-667-7706 Fax: 610-667-7056 www.sbclasslaw.com ATTORNEY BIOGRAPHIES

Richard S. Schiffrin Henry v. Sears, et al., Case No. 98 C 4110 (N.D. Ill. 1999): Schiffrin & Barroway served as Lead Counsel on behalf of the Richard S. Schiffrin, founding largest class of credit card holders in history. At stake was the partner of the firm, is licensed right of Sears and its newly formed affiliate, Sears National to practice law in Illinois and Bank (“SNB”), to retroactively increase the interest rates on Pennsylvania, and has been eleven million credit card accounts with outstanding balances admitted to practice before resulting from purchases made prior to the accounts being numerous United States District transferred to SNB. Schiffrin & Barroway alleged that such Courts. In his seven years of conduct violated the Truth-in-Lending Act, the National practice with the Office of the Banking Act and state consumer fraud statutes. After extensive- Public Defender of Cook County, ly litigating various aspects of liability, an additional nine Illinois, Mr. Schiffrin represented months were then spent determining damages. The extraordi- hundreds of clients in both bench nary complexity of the damage calculations required Mr. and jury trials, as well as appeals. Schiffrin and experts from both parties to develop, test and Mr. Schiffrin has also taught legal writing and appellate utilize a novel computer model to ascertain total damages for advocacy at John Marshall Law School and has served as a the class and individualized damages for each class member. faculty member at numerous legal seminars, including the Ultimately, Mr. Schiffrin and his partner, Mr. Kessler, were able Annual Institute on Securities Regulation, NERA: Finance, to negotiate a $156 million settlement, which represented Law & Economics — Securities Litigation Seminar, the Tulane approximately 66% of total damages. In approving the settle- Corporate Law Institute, and the CityBar Center for CLE ment, District Court Judge Leinenwebber of the Northern (NYC): Ethical Issues in the Practice of Securities Law. District of Illinois stated: Most recently Mr. Schiffrin spoke at the MultiPensions 2004 Conference in Amsterdam, . Mr. Schiffrin oversees . . . I am pleased to approve the settlement. I think it all aspects of litigation on behalf of the firm. Mr. Schiffrin has been recognized for his expertise in numerous cases, including does the best that could be done under the circumstances most prominently: on behalf of the class. . . . The litigation was complex in both liability and damages and required both professional In re AremisSoft Corp. Securities Litigation, skill and standing which class counsel demonstrated in C.A. No. 01-CV-2486 (D.N.J. 2002): abundance. Schiffrin & Barroway is particularly proud of the results recently achieved in this case before the Honorable Joel A. The entire settlement fund of $156 million was distributed Pisano. This case was exceedingly complicated, as it involved without the filing of a single proof of claim form by any the embezzlement of hundreds of millions of dollars by former class member. officers of the Company, who are now fugitives. In settling the action, Schiffrin & Barroway, as sole Lead Counsel, assisted in Wanstrath v. Doctor R. Crants, et al., C.A. No. 99-1719-III reorganizing the Company as a new Company to allow for it (Tenn. Chan. Ct., 20th Judicial District, 1999): to continue operations, while successfully separating out the Schiffrin & Barroway served as Lead Counsel in a derivative securities fraud claims and the bankrupt Company’s claims action filed against the officers and directors of Prison into a litigation trust. The Settlement, which was recently Realty Trust, Inc., challenging the transfer of assets from approved, calls for the class to receive the majority of the equi- the Company to a private entity owned by several of the ty in the new Company, as well as their pro rata share of any Company’s top insiders. Numerous federal securities class amounts recovered by the litigation trust. The Court-appoint- actions were pending against the Company at this time. ed co-trustees, Joseph P. LaSala, Esq. and Fred S. Zeidman, Through the derivative litigation, the Company’s top manage- have retained Schiffrin & Barroway to continue prosecuting ment was ousted, the composition of the Board of Directors the actions on behalf of the litigation trust. In this capacity, was significantly improved and important corporate gover- the firm has filed an action in the Isle of Man, and has success- nance provisions were put in place to prevent future abuse. fully frozen more than $200 million of stolen funds from one Mr. Schiffrin, in addition to achieving these desirable results, of the fugitives, and are in the process of attempting to recover was able to personally effectuate a global settlement of all the money on behalf of the trust. In addition, Schiffrin & pending litigation against the backdrop of an almost certain Barroway is continuing to litigate the trust’s claims against the bankruptcy. The case was resolved in conjunction with the remaining fugitive. federal securities cases for the payment of approximately $50 million by the Company’s insurers and the issuance of over 46 million shares to the class members.

2 Jordan v. State Farm Insurance Company, Case No. 97 CH 11 Andrew L. Barroway (Cir. Ct., McLean County, Ill. 1998): Schiffrin & Barroway brought a claim on behalf of multiple Andrew L. Barroway, managing plaintiffs alleging that State Farm had engaged in fraudulent partner of the firm, received his sales practices by “churning” policies and marketing and selling law degree from the University of “vanishing premium” policies that never “vanished.” After sev- Pennsylvania Law School, where he eral years of discovery, motion practice and settlement negotia- was a member of the ABA Negotia- tions, Mr. Schiffrin played a critical role in resolving the action tion team. He is licensed to practice for $225 million in cash, dividend enhancements and other law in Pennsylvania and New Jersey, monetary benefits for current and former State Farm policy- and has been admitted to practice holders. Schiffrin & Barroway also has achieved substantial before the United States District settlements in 20 additional cases alleging fraudulent sales Court for the Eastern District of practices by various insurance companies. Pennsylvania. Mr. Barroway fre- quently lectures on securities class Mr. Schiffrin has also represented defrauded shareholders and action and lead plaintiff issues and recently spoke at the 2005 companies in complex class and derivative actions, including Institutional Investor Hedge Fund Workshop in New York City the following: and the Public Funds Summit 2005 in Phoenix, Arizona. Mr. Barroway has been actively involved in all aspects of litigation on Huscher v. Curley, et al., No. 00 Civ. 21379 behalf of the firm, and co-manages the firm’s securities depart- (Mich. Cir. Ct., 2000) (In re Sotheby’s Holdings, Inc. ment. Of his numerous successful representations of shareholders, Derivative Litigation): the following stand out as exceptional: Schiffrin & Barroway served as Lead Counsel in a derivative In re The Interpublic Group of Companies Securities action arising out of Sotheby’s alleged antitrust price fixing Litigation, No. 02 Civ. 6527 (S.D.N.Y. 2002): conspiracy with auction house rival Christie’s International Schiffrin & Barroway served as sole Lead Counsel in this action PLC. A multi-million dollar settlement was negotiated by Mr. on behalf of an institutional investor and recently received final Schiffrin whereby Diana Brooks (Sotheby’s President at the approval of a settlement consisting of $20 million in cash and time of the alleged wrongdoing) agreed to relinquish all of her 6,551,725 shares of IPG common stock with expected distribution Sotheby’s stock options and the Company’s insurance carrier by early summer 2005. As of February 2005, the stock had an made a substantial monetary payment to the Company. In approximate value of $87 million, resulting in a total settlement addition, significant changes in the Company’s top manage- value of approximately $107 million. In granting its approval, the ment and Board of Directors were achieved in conjunction Court praised Schiffrin & Barroway for acting responsibly and with the settlement of the litigation. noted the firm’s professionalism, competence and contribution to achieving such a favorable result. In re Digital Lightwave, Inc. Securities Litigation, Consolidated Case No. 98-152-CIV-T-24E (M.D. Fla. 1999): The firm served as Co-Lead Counsel in one of the nation’s most successful securities class actions. After extensive litigation and negotiations, a settlement consisting primarily of stock ultimately grew to a value of over $170 million between the time in which the settlement was negotiated and the time at which it was distrib- uted. Schiffrin & Barroway took on the primary role in negotiat- ing the terms of the equity component, insisting that the class have the right to share in any upward appreciation in the value of the stock after the settlement was reached. This recovery repre- sented an astounding approximately two hundred percent (200%) of class members’ losses. Schiffrin & Barroway believes that this represents the largest percentage recovery for shareholders in securities class action history. Mr. Barroway, along with his partner, Mr. Kessler, has also negoti- ated substantial settlements of securities class actions in which Schiffrin & Barroway was Lead or Co-Lead Counsel against Pinnacle Holdings, Cell Pathways, Gateway, Mercator and NetSolve. Mr. Barroway currently represents numerous public pension funds, private investment funds, money management firms, and individuals in securities fraud litigation as Lead or Co-Lead Counsel. 3 Marc A. Topaz Pennsylvania. Mr. Kessler co-manages the firm’s nationally recog- nized securities department and assists in the management of the a partner of the firm, received his mass tort department. In addition, Mr. Kessler often lectures on law degree from Temple University securities litigation and recently was a featured speaker on hot top- School of Law, where he was an ics in securities litigation in a seminar entitled “The Explosion and editor of the Temple Law Review Evolution of Class Action Law” in December 2004 in Philadelphia, and a member of the Moot Court Pennsylvania, and the Summit on Corpo- Honor Society. He also received his rate Accountability in July 2003 in New York City. Mr. Kessler has Master of Law (L.L.M.) in taxation achieved the following outstanding results in federal securities from the New York University cases: School of Law, where he served as an editor of the New York In re Securities Litigation, University Tax Law Review. He Master File No. 21 MC 92 (SAS) (S.D.N.Y. Dec. 12, 2002): is licensed to practice law in Pennsylvania and New Jersey, and Mr. Kessler, along with Mr. Schiffrin, is presently heading up the has been admitted to practice before the United States District firm’s litigation efforts in its prominent position as an Executive Court for the Eastern District of Pennsylvania. Mr. Topaz manages Committee member in this action. Of the sixty plaintiffs firms the firm’s derivative, transactional and antitrust departments. In which originally filed actions in these coordinated proceedings, this regard, Mr. Topaz has been actively involved in litigating the Schiffrin & Barroway was one of only six selected to serve on the following prominent cases: Executive Committee. The coordinated actions, which have been filed against 309 separate issuers of publicly traded securities, chal- In re MTC Electronic Shareholder Litigation, lenge the legality of the practices which accompany the allocations No. CV-93-0876 (E.D.N.Y. 1993): of shares in initial public offerings. In addition to suing the issuers Schiffrin & Barroway served as Co-Counsel in a case involving of such securities, the 309 coordinated actions also name as defen- securities fraud by MTC, its officers and directors, underwriters and dants the primary investment banking firms which underwrote accountants. The case presented novel issues of Chinese law and the offerings. This case, which has received a great deal of national required the construction of a database of hundreds of thousands and international media attention, is widely considered the largest of documents utilized in numerous party and non-party deposi- securities class action litigation in history. At the present time, the tions. A $72 million settlement was achieved on the eve of trial. court has preliminarily approved a $1 billion settlement with the In re Oppenheimer Capital, L.P., Unitholders Litigation, issuers and their officers and directors. The case is proceeding Consolidated No. 16022NC (Del. Ch. 1997): against the underwriting defendants. Schiffrin & Barroway served as Co-Lead Counsel on behalf of plain- In re Assisted Living Concepts, Inc. Securities Litigation, tiffs alleging that a merger proposed by Pimco Advisors benefitted Lead Case No. 99-167-AA (D. Or. 1999): certain Pimco insiders by disproportionately allocating tax benefits Schiffrin & Barroway served as Co-Lead Counsel and was instru- achieved from the restructuring of a limited partnership and failing mental in obtaining a $30 million recovery for class members to provide adequate compensation to the Oppenheimer sharehold- from the Company, its executive officers and directors, and several ers. Plaintiffs moved to enjoin the transaction and a settlement was underwriters for their role in an alleged complex accounting fraud reached whereby defendants agreed to pay a special dividend to involving the use of a purportedly independent joint venture to Oppenheimer limited partners of approximately $16 million. absorb the Company’s start-up losses. Even after this $30 million Wanstrath v. Doctor R. Crants, et al., C.A. No. 99-1719-III recovery, through counsel’s efforts, an additional $12.5 million (Tenn. Chan. Ct., 20th Judicial District, 1999): was obtained from the auditors providing for a total recovery of (see description above) $42.5 million. In re Twinlab Corporation Securities Litigation, Master File David Kessler No. 98-CV-7425 (E.D.N.Y. 1998): a partner of the firm, graduated Schiffrin & Barroway served as Co-Lead Counsel and successfully with distinction from the Emory litigated the action and was able to negotiate a settlement in the School of Law. He is licensed to amount of $26 million plus interest. practice in Pennsylvania and New In re Cumulus Media Inc. Securities Litigation, Lead Case Jersey, and has been admitted to No. 00-C-391 (E.D. Wis. 2000): practice before the United States Schiffrin & Barroway served as Lead Counsel and successfully District Court for the Eastern litigated the action and negotiated a settlement of $13 million District of Pennsylvania and the in cash and 240,000 shares of freely tradable stock in Cumulus United States District Court for the Media, which traded for approximately $19 per share, for a total District of New Jersey. He is also a settlement value of $17.5 million at the time the settlement was Certified Public Accountant in approved by the Court.

4 Stuart L. Berman Katharine M. Ryan a partner of the firm, received a partner of the firm, graduated his law degree from George cum laude from Villanova Washington University National University School of Law in May Law Center, and his undergraduate 1984. Ms. Ryan is admitted to degree from Brandeis University. practice before the United States He is licensed to practice law in District Court for the Eastern Pennsylvania and New Jersey, and District of Pennsylvania, the Court has been admitted to practice of Appeals for the Third Circuit before the United States District and the United States Supreme Court for the Eastern District of Court. Ms. Ryan recently partici- Pennsylvania and the United States pated as a speaker in a legal tele- District Court for the District of New Jersey. Mr. Berman has conference entitled “Is the PSLRA’s Safe Harbor Provision Safe?” specialized in the area of securities litigation for the past eight Ms. Ryan is actively involved in litigating several of the firms most years and serves in the firm’s case and client development depart- prominent cases and was integral in the excellent results achieved ment, which involves working with clients, analyzing cases and in the following cases: developing litigation strategy. In addition, Mr. Berman manages the firm’s lead plaintiff department and has been instrumental In re The Interpublic Group of Companies Securities in enabling various of the firm’s institutional and individual Litigation, No. 02 Civ. 6527 (S.D.N.Y. 2002): clients to serve as lead plaintiffs in important cases, such as In Schiffrin & Barroway served as sole Lead Counsel in this action re Tenet Healthcare Corp. Securities Litigation, No. CV-02-8462- on behalf of an institutional investor and recently received final RSWL (C.D. Cal. 2002), In re The Interpublic Group of Companies approval of a settlement consisting of $20 million in cash and Securities Litigation, No. 02 Civ. 6527 (S.D.N.Y. 2002), State of 6,551,725 shares of IPG common stock with expected distribution New Jersey and Its Division of Investment v. Sprint Corporation, by early summer 2005. As of February 2005, the stock had an et al., No. 03-2071-JWL (D. Kan. 2003), In re Ariba Inc. Securities approximate value of $87 million, resulting in a total settlement Litigation, Master File No. 03-00277 JF (N.D. Cal. 2003), In re value of approximately $107 million. In granting its approval, the Vaxgen Inc. Securities Litigation, No. C 03-01129 JSW (N.D. Cal. Court praised Schiffrin & Barroway for acting responsibly and 2003), In re American Business Financial Services, Inc., No. 04- noted the firm’s professionalism, competence and contribution 0265 (E.D. Pa. 2004), Brumbaugh v. Wave Systems Corporation, to achieving such a favorable result. et al., No. 04-30022-MAP (D. Mass. 2004), In re Vaso Active In re New Power Holdings, Inc. Securities Litigation, Pharmaceuticals Securities Litigation, No. 04-10708-RCL No. 02 Civ. 1550 (S.D.N.Y. 2002): (D. Mass. 2004), and In re Autobytel, Inc. Securities Litigation, Schiffrin & Barroway served as Co-Lead Counsel and was instru- No. CV04-8987 MMM (JWJx) (C.D. Cal. 2004). mental in obtaining a recovery of $41 million in cash for class members against a bankrupt company, certain of its officers and In re AremisSoft Corp. Securities Litigation, directors and the underwriters of the Company’s offering. Claims C.A. No. 01-CV-2486 (D.N.J. 2002): involved New Power, an offshoot of , that was formed to Schiffrin & Barroway is particularly proud of the results recently re-enter the deregulated energy market and pursued an IPO with achieved in this case before the Honorable Joel A. Pisano. This no viable plan to hedge against volatile energy prices. case was exceedingly complicated, as it involved the embezzlement of hundreds of millions of dollars by former officers of the Com- pany, who are now fugitives. In settling the action, Schiffrin & Gregory M. Castaldo Barroway, as sole Lead Counsel, assisted in reorganizing the a partner of the firm, received Company as a new Company to allow for it to continue operations, his law degree from Loyola Law while successfully separating out the securities fraud claims and the School, where he received the bankrupt Company’s claims into a litigation trust. The Settlement, American Jurisprudence award which was recently approved, calls for the class to receive the in legal writing. He received his majority of the equity in the new Company, as well as their pro undergraduate degree from the rata share of any amounts recovered by the litigation trust. The Wharton School of Business at Court-appointed co-trustees, Joseph P. LaSala, Esq. and Fred S. the University of Pennsylvania. Zeidman, have retained Schiffrin & Barroway to continue prosecut- He is licensed to practice law in ing the actions on behalf of the litigation trust. In this capacity, the Pennsylvania and New Jersey. Mr. firm has filed an action in the Isle of Man, and has successfully Castaldo has been actively involved frozen more than $200 million of stolen funds from one of the in litigating the following cases: fugitives, and are in the process of attempting to recover the money on behalf of the trust. In addition, Schiffrin & Barroway is continu- ing to litigate the trust’s claims against the remaining fugitive. 5 In re Liberate Technologies Securities Litigation, users of web-enabled cell phones. After two years of hard-fought No. C-02-5017 (MJJ) (N.D. Cal. 2005): litigation and complex mediation, a settlement of $34.3 million Plaintiffs alleged that Liberate engaged in fraudulent revenue recog- was obtained for members of the class. nition practices to artificially inflate the price of its stock, ultimately forcing it to restate its earnings. As sole Lead Counsel, Schiffrin & In re Riverstone Networks, Inc. Securities Litigation, Barroway successfully negotiated a $13.8 million settlement, which Case No. CV-02-3581 (N.D. Cal. 2002): represents almost 40% of the damages suffered by the class. In Schiffrin & Barroway served as Lead Counsel on behalf of plaintiffs approving the settlement, the district court complimented Lead alleging that Riverstone and certain of its officers and directors Counsel for its “extremely credible and competent job.” sought to create the impression that the Company, despite the industry-wide downturn in the telecom sector, had the ability to In re Unigraphics Solutions Inc. Shareholders Litigation, prosper and succeed and was actually prospering. In that regard, Consol. C.A. No. 18916, Delaware Chancery Court, in which Class plaintiffs alleged that defendants issued a series of false and mis- Counsel was partially responsible for creating an aggregate financial leading statements concerning the Company’s financial condition, benefit of approximately $35 million for members of the class; sales and prospects, and used inside information to personally profit. After extensive litigation, the parties entered into formal In re Communications Corp. Shareholders Litigation, mediation with the Honorable Charles Legge (Ret.). Following Consol. C.A. No. 19113-NC, Delaware Chancery Court, in which five-months of mediation, the parties reached a settlement of Class Counsel was partially responsible for creating an aggregate $18.5 million. financial benefit of approximately $36 million for members of the class; and Joseph H. Meltzer In re Sodexho Marriott Shareholders Litigation, a partner of the firm, received his Consol. C.A. No. 18640-NC, Delaware Chancery Court, in which law degree, with honors, from Class Counsel was partially responsible for creating an aggregate Temple University School of Law. financial benefit of approximately $166 million for members of He is licensed to practice law in the class. Pennsylvania and New Jersey, and has been admitted to practice before Mr. Castaldo is also presently litigating In re Tenet Healthcare Corp. the United States District Court for Securities Litigation, No. CV-02-8462-RSWL (C.D. Cal. 2002), State the Eastern District of Pennsylvania, of New Jersey and Its Division of Investment v. Sprint Corporation, et the United States District Court for al., No. 03-2071-JWL (D. Kan. 2003), and In re Ariba Inc. Securities the District of New Jersey and the Litigation, Master File No. 03-00277 JF (N.D. Cal. 2003). United States Court of Appeals for the Third Circuit.

Michael K. Yarnoff Mr. Meltzer concentrates his practice in the areas of ERISA a partner of the firm, received and antitrust complex litigation, and manages the firm’s ERISA his law degree from Widener litigation department, which has excelled in the highly specialized University School of Law. Mr. area of prosecuting claims on behalf of retirement savings plans. Yarnoff is licensed to practice law Mr. Meltzer is Lead Counsel in several pending nationwide class in Pennsylvania, New Jersey, and actions brought under ERISA. Delaware and has been admitted to practice before the United States Mr. Meltzer has helped obtain several multi-million dollar District Courts for the Eastern settlements on behalf of class members, including the recent settle- District of Pennsylvania and the ments in In re ERISA Litigation, No. 02 Civ. 7453 District of New Jersey. He serves (S.D.N.Y.) ($79 million settlement) and In re Augmentin Antitrust in the firm’s securities litigation Litigation, No. 02-442 (E.D. Va.) ($29 million settlement). Mr. department and has been actively involved in a number of federal Meltzer also prosecutes claims on behalf of third-party payors securities cases in which outstanding results were achieved, includ- and consumers and is currently serving as Lead Counsel in ing the following: In re Remeron Antitrust Litigation, No. 02-CV-2007 (D.N.J.) and In re Wellbutrin SR/Zyban Antitrust Litigation (E.D. Pa.). In re InfoSpace, Inc. Securities Litigation, Master File No. C-01-0913-Z (D. Wash. 2001): Prior to joining Schiffrin & Barroway, Mr. Meltzer practiced at Schiffrin & Barroway served as Co-Lead Counsel on behalf of plain- Barrack, Rodos & Bacine in Philadelphia, where he had prominent tiffs alleging that InfoSpace and certain of its officers and directors roles in prosecuting several complex class actions to successful overstated revenues by using improper accounting methods, over- conclusions, including In re Sorbates Direct Purchaser Antitrust stated the demand for InfoSpace’s wireless services, misstated Litigation, No. C 98-4886 (N.D. Cal. 2001) ($92 million settle- InfoSpace’s financial relationships with major customers, and falsely ment) and also defended clients in antitrust and commercial represented that InfoSpace would receive subscription fees from litigation.

6 IAN D. BERG, an associate of the Barroway, Mr. Borum served as an Assistant District Attorney firm, received his law degree from in Philadelphia for ten years. Mr. Borum also practiced crimi- Northwestern University School of nal defense after leaving the District Attorney’s office. At Law, and his B.A. from Northwestern Schiffrin & Barroway, Mr. Borum concentrates his practice University. Prior to joining Schiffrin & in securities litigation. Barroway, Mr. Berg practiced at Barack Ferrazzano Kirschbaum Perlman & Nagelberg LLC, in Chicago. He is JONATHAN R. CAGAN, an associate licensed to practice law in Illinois and of the firm, received his law degree Pennsylvania. Mr. Berg concentrates his from the Temple University School practice in the area of securities litigation. of Law. Mr. Cagan received his under- graduate degree, cum laude, from Temple University. Mr. Cagan is licensed to ROBERT W. BIELA, an associate of the practice law in New Jersey, and is admit- firm, received his law degree from the ted to the Third Circuit Court of Appeals. Penn State Dickinson School of Law, Mr. Cagan concentrates his practice in where he served on the editorial board the area of securities litigation. of the Environmental Law and Policy Journal. Mr. Biela received his undergrad- uate degree from West Chester University. EDWARD W. CHANG, an associate Prior to joining the firm, Mr. Biela was an of the firm, received his law degree, with associate at Mager White and Goldstein, honors, from the George Washington LLP, where he practiced in the areas of complex commercial University Law School. During law litigation and securities litigation. Mr. Biela is licensed to prac- school, Mr. Chang served as a staff mem- tice in Pennsylvania, and focuses his practice in the area of ber of the American Intellectual Property securities litigation. Law Association Quarterly Journal and published Bidding on Trespass: eBay v. Bidder’s Edge and the Abuse of Trespass KATHERINE B. BORNSTEIN, an associ- Theory in Cyberspace Law, 29 AIPLA Q.J. 445 (2001). Mr. ate of the firm, received her law degree Chang received his undergraduate degree in International from Emory University School of Law. Relations, cum laude, from the University of Pennsylvania. Ms. Bornstein received her undergraduate Prior to joining Schiffrin & Barroway, Mr. Chang served degree from the University of Maryland. as a law clerk to the Honorable Ann O’Regan Keary of the She is licensed to practice law in Pennsyl- Superior Court of the District of Columbia. He is licensed to vania and Maryland. Prior to joining practice in New Jersey and Maryland, and has been admitted Schiffrin & Barroway, Ms. Bornstein was before the United States District Court for the District of an associate at Provost & Umphrey Law Maryland. Mr. Chang concentrates his practice in the areas Firm, LLP, where she worked on a number of complex litiga- of antitrust, ERISA and consumer protection. tion issues. Ms. Bornstein concentrates her practice at Schiffrin & Barroway in the areas of ERISA, antitrust and consumer protection. DARREN J. CHECK, an associate of the firm, received his law degree from Temple University School of Law. He TREVAN BORUM, an associate of the received his undergraduate degree in firm, received his B.A. from Wake Forest History, with honors, from Franklin University in 1987, and his J.D. from & Marshall College. He is licensed to Widener University Law School in 1992. practice law in Pennsylvania and New Mr. Borum was the valedictorian of his Jersey, and has been admitted to practice law school class, and served as a Wolcott before the United States District Court for fellow with the Delaware Supreme the Eastern District of Pennsylvania, the United States District Court. He is licensed to practice law Court for the District of New Jersey, and the United States in Pennsylvania, and has been admitted District Court for the District of Colorado. to practice before the United States District Court for the Eastern District of Pennsylvania. Prior to joining Schiffrin &

7 Mr. Check concentrates his practice in the area of securities that specialized in the collection of delinquent property tax litigation, and has worked extensively with partner David receivables. Kessler on In re Initial Public Offering Securities Litigation, He is licensed to practice law in the Commonwealth of Master File No. 21 MC 92 (SAS) (S.D.N.Y. Dec. 12, 2002), Pennsylvania and has been admitted to practice before the currently pending in the Southern District of New York. Courts of the Commonwealth of Pennsylvania, the United Mr. Check consults with institutional investors worldwide States District Court for the Western District of Pennsylvania regarding serving as a lead plaintiff and recently spoke at the and the Supreme Court of the United States of America. MultiPensions 2004 Conference in Amsterdam, Netherlands, Mr. Danek concentrates his practice in the area of securities the European Pension Symposium in Florence, Italy, and the litigation. Public Funds Summit 2005 in Phoenix, Arizona. Mr. Check serves in the firm’s lead plaintiff department, which involves working with clients, litigation strategy and THOMAS W. GRAMMER, an associate lead plaintiff issues. In addition, Mr. Check serves as the firm’s of the firm, received his law degree, Director of Institutional Relations and Business Development magna cum laude, from Villanova Law and works closely with the firm’s domestic and foreign institu- School, where he was a member of the tional clients. Order of the Coif. Mr. Grammer received his undergraduate degree from West Chester University. Before practicing EDWARD W. CIOLKO, an associate at Schiffrin & Barroway, Mr. Grammer of the firm, received his law degree served as a clerk for Judge Richard B. from Georgetown University Law Center, Klein of the Pennsylvania Superior Court, and prior to that, and an MBA from the Yale School of as a clerk for Judge Patricia A. McInerney of the Court of Management. Prior to joining the firm, Common Pleas of Philadelphia County. A member of the he served as an Attorney Advisor to Pennsylvania bar, Mr. Grammer concentrates his practice in Commissioner Sheila F. Anthony at the securities litigation and shareholder derivative actions. Federal Trade Commission. He is licensed to practice law in the State of New Jersey, and has been admitted to practice before the United States MARK K. GYANDOH, an associate District Court for the District of New Jersey. Mr. Ciolko of the firm, received his undergraduate concentrates his practice in the areas of antitrust, ERISA, degree from Haverford College and and consumer protection. his law degree from Temple University School of Law. During law school Mr. Gyandoh served as the research STEPHEN E. CONNOLLY, an associate editor for the Temple International and of the firm, received his law degree from Comparative Law Journal and published Villanova University School of Law, and Foreign Evidence Gathering: What is a graduate of The Pennsylvania State Obstacles Stand in the Way of Justice?, 15 Temp. Int’l & Comp. University. Prior to joining Schiffrin & L.J. (2001). Mr. Gyandoh also served as Co-President of the Barroway, Mr. Connolly was an associate International Law Society and Editor of the group’s monthly at a Philadelphia firm where he practiced newsletter. in the areas of complex litigation, securi- Mr. Gyandoh is licensed to practice in New Jersey and ties and antitrust litigation. Mr. Connolly Pennsylvania. Prior to joining Schiffrin and Barroway, Mr. is licensed to practice law in Pennsylvania, Gyandoh was an associate at Gerolamo, McNulty, Divis & and concentrates his practice in the area Lewbart. Prior to that, Mr. Gyandoh served as a judicial clerk of antitrust litigation. for the Honorable Dennis Braithwaite of the Superior Court of New Jersey Appellate Division. Recently, in March 2004, Mr. Gyandoh participated in a conference in Prague, Czech MARK S. DANEK, an associate of the Republic, titled Redefining Europe, where he presented a paper firm, received his undergraduate degree in titled Incorporating the Principle of Co-Equal Branches into the Architecture from Temple University in European Constitution: Lessons to be Learned from the United 1996, and his law degree from Duquesne States. The paper was published in a book of selected papers University School of Law in 1999. Prior to from the conference titled Redefining Europe. Mr. Gyandoh joining Schiffrin & Barroway, Mr. Danek concentrates his practice with Schiffrin & Barroway in the was employed as in-house counsel of a area of ERISA, antitrust and consumer protection. real estate investment trust corporation

8 SEAN M. HANDLER, an associate of the HAL J. KLEINMAN, an associate of firm, received his law degree, cum laude, the firm, received his law degree from from Temple University School of Law. The John Marshall Law School, and Mr. Handler received his undergraduate his undergraduate degree from Ithaca degree from Colby College, with distinc- College. Mr. Kleinman is licensed in tion in American Studies. He is licensed Illinois and Pennsylvania, and has been to practice law in Pennsylvania, and admitted to practice before the United has been admitted to practice before States District Court for the Northern the United States District Court for the District of Illinois, the United States Eastern District of Pennsylvania. District Court for the Eastern District of Pennsylvania, the Prior to joining Schiffrin & Barroway, Mr. Handler prac- Court of Appeals for the Seventh Circuit, the Court of ticed at Reed Smith, LLP in Philadelphia. Mr. Handler concen- Appeals for the Third Circuit, and the United States Court trates his practice in the area of securities litigation, and serves of Claims. Prior to joining Schiffrin & Barroway, Mr. in the firm’s lead plaintiff department, which involves working Kleinman practiced law in Chicago, where his practice con- with clients, litigation strategy and lead plaintiff issues. In centrated in the area of Complex Litigation, Mass Torts and this role, Mr. Handler has assisted partner Stuart Berman in Class Actions. Mr. Kleinman was a member of the law and enabling various of the firm’s institutional and individual briefing committee that successfully obtained class certifica- clients to serve as lead plaintiffs in important cases, such as tion in In re Hartmarx Securities Litigation, Case No. 01 C In re Tenet Healthcare Corp. Securities Litigation, No. CV-02- 7832 (N.D. Ill.). In addition, he was appointed to the Class 8462-RSWL (C.D. Cal. 2002), In re The Interpublic Group of Counsel Management Committee in Cress, et al. v. Sara Lee Companies Securities Litigation, No. 02 Civ. 6527 (S.D.N.Y. Corporation, Case No. 98 L 15072 (Cir. Ct., Cook County, Ill.). 2002), State of New Jersey and Its Division of Investment v. For his work in this matter, Mr. Kleinman was asked to be a Sprint Corporation, et al., No. 03-2071-JWL (D. Kan. 2003), guest lecturer at the University of Chicago Law School’s Class In re Ariba Inc. Securities Litigation, Master File No. 03-00277 Action Controversies Seminar and to discuss the Sara Lee liti- JF (N.D. Cal. 2003), and In re Autobytel, Inc. Securities gation. He also was responsible for representing hundreds of Litigation, No. CV04-8987 MMM (JWJx)(C.D. Cal. 2004). clients in various Mass Torts, including MDL-1431, In re Baycol Products Liability Litigation; MDL-1373, In re Bridgestone/Firestone, Inc. ATX, ATX II and Wilderness Tires JOHN A. KEHOE, an associate of Products Liability Litigation; MDL-1203, In re Diet Drugs the firm, received a B.A. from Depaul (Phentermine/Fenfluramine/Dexfenfluramine) Products University in 1986, and a Master’s Liability Litigation; and MDL-926, In re Silicone Gel Breast degree in Public Administration from Implants Product Liability Litigation. Mr. Kleinman concen- the University of Vermont in 1994. He trates his practice in the area of Mass Torts. received his J.D., magna cum laude, from Syracuse University College of Law in 1997, where he was an Associate Editor ERIC LECHTZIN, an associate of the of the Syracuse Law Review, an Associate firm, received his law degree from the Member of the Moot Court Board, and an alternate member Temple University School of Law in on the National Appellate Team. Mr. Kehoe is licensed to 1991. Mr. Lechtzin received his under- practice law in the State of New York, and has been admitted graduate degree in Political Science and to practice before the United States District Court for the Economics, magna cum laude, from Southern District of New York. Temple University, where he received Prior to joining Schiffrin & Barroway, Mr. Kehoe had Phi Beta Kappa honors. Mr. Lechtzin is extensive securities litigation experience as an associate at licensed to practice law in Pennsylvania Bernstein, Litowitz, Berger & Grossman, LLP, and prior to and New Jersey, and has been admitted to practice before that, at Clifford Chance US LLP. Before attending law school, the United States District Courts for the Eastern District of Mr. Kehoe worked as a police officer in Burlington and Pennsylvania and the District of New Jersey. Brattleboro, Vermont, and served as the lead investigator in Prior to joining Schiffrin & Barroway, Mr. Lechtzin was numerous felony and misdemeanor complaints. Mr. Kehoe an associate with the firm of Grant & Eisenhofer, P.A., where concentrates his practice in the area of securities litigation, his practice was concentrated in federal securities class actions and has worked extensively with partner David Kessler on and corporate governance litigation. Mr. Lechtzin spent the In re Initial Public Offering Securities Litigation, Master File first ten years of his career at two large Philadelphia law firms No. 21 MC 92 (SAS) (S.D.N.Y. Dec. 12, 2002), currently where he represented corporate and public sector clients in a pending in the Southern District of New York. wide range of complex commercial litigation, including toxic torts, labor and employment, insurance, and environmental

9 law. Mr. Lechtzin has extensive trial experience and has argued (Phila. CCP Mar. 2001), one of the highest in state history. He appeals before the Supreme Court of Pennsylvania and other also wrote and argued cases resulting in significant changes to appellate courts. Pennsylvania law: Cullen v. Pennsylvania Prop. & Cas. Ins. Mr. Lechtzin concentrates his practice with Schiffrin Guar. Ass’n, 760 A.2d 1198 (Pa. Commw. 2000) (Pennsylvania & Barroway in the area of securities class action litigation. workers’ compensation carrier could not assert a subrogated claim for benefits that its insured’s employee was precluded from recovering in settlement of a related medical malpractice RICHARD A. MANISKAS, an associate claim); and Estate of Magette v. Goodman, 2001 WL 218981 of the firm, received his law degree from (Pa. Super. 2001) (failure to retain evidence of EKG strip Widener University School of Law, and during orthopedic surgery that resulted in death of patient received his undergraduate degree from required new trial where court failed to give jury adverse the University of Pittsburgh. While in inference instruction). law school, Mr. Maniskas served as Internal Editor of the Widener Journal of Public Law. He is licensed to practice TODD MOSSER, an associate of the firm, law in Pennsylvania and the District received his law degree, cum laude, from of Columbia, and has been admitted to practice before the The University of Pittsburgh School of United States District Court for the Eastern District of Law in 2001, where he was inducted into Pennsylvania. Mr. Maniskas works in the firm’s case develop- The Order of the Barristers. Mr. Mosser ment department. received his undergraduate degree in Crimi- nal Justice from Shippensburg University in 1998, where he was inducted into Who’s TOBIAS L. MILLROOD, an associate Who in American Colleges and Universities. of the firm, co-manages the mass tort Prior to joining Schiffrin & Barroway, Mr. Mosser was department at Schiffrin & Barroway along an Assistant District Attorney in the Appeals Unit in the with David Kessler. Mr. Millrood has been Philadelphia District Attorney’s Office. He successfully actively involved in mass tort litigation briefed and argued a number of published cases, including: involving Prempro (Hormone Therapy), Commonwealth v. Young, 849 A.2d 1152 (Pa. 2004); Vioxx®, Fen-Phen, Baycol, Meridia, Commonwealth v. Dillon, 2004 Pa. Super 457 (en banc); Thimerosal, Ephedra and Zyprexa. Mr. Commonwealth v. Butler, 856 A.2d 131 (Pa. Super. 2004); and Millrood currently serves as Liaison Commonwealth v. Jackson, 849 A.2d 1254 (Pa. Super. 2004). Counsel in In Re Hormone Therapy Litigation, Philadelphia Mr. Mosser is also a First Lieutenant in the United States Court of Common Pleas. Mr. Millrood also serves on the Army Reserves, JAG Corps. Mr. Mosser is licensed to practice Plaintiffs’ Steering Committee in MDL 1507 – In Re Prempro law in Pennsylvania. He concentrates his practice at Schiffrin Products Liability and is Chair of the Association of Trial & Barroway in the area of securities litigation. Lawyers of America (ATLA) Hormone Therapy Litigation Group. Mr. Millrood served as a Co-Chair of the Expert Committee in In Re Baycol Litigation, Philadelphia Court of JODI L. MURLAND, an associate of Common Pleas. In Meridia, Mr. Millrood is Co-Chair of the the firm, received her law degree from ATLA Meridia Litigation Group. He also served on the Temple University School of Law, where Executive Committee of MDL 1481, In re Meridia Products she served as a note/comment editor of Liability. In Thimerosal, Mr. Millrood serves on the Executive the Temple Law Review. Ms. Murland Committee of the Omnibus Autism Proceedings before the received her undergraduate degree, National Vaccine Injury Compensation Program. In August magna cum laude, in Communication 2003, Mr. Millrood’s article on Hormone Therapy was pub- Rhetoric from the University of lished in Trial magazine. Mr. Millrood speaks frequently at var- Pittsburgh. Prior to joining Schiffrin ious seminars, on the topics of Mass Tort Litigation, Hormone & Barroway Ms. Murland was an associate in the Business Therapy, Meridia, the Ethics of Settling Mass Tort Cases and Litigation Practice Group at Wolf, Block, Schorr and Solis- Electronic Discovery. Mr. Millrood is a former member of the Cohen, LLP. Pennsylvania Trial Lawyers Board of Governors and the Ms. Murland is licensed to practice law in Pennsylvania Executive Committee of the Philadelphia Bar Association and is admitted to practice in the United States District Court Young Lawyers’ Division. for the Eastern District of Pennsylvania and the Third Circuit While at Anapol Schwartz, Mr. Millrood garnered several Court of Appeals. She concentrates her practice in the area of notable achievements, including serving as co-counsel in a securities litigation. $22 million medical malpractice verdict in Wallace v. Fraider

10 CHRISTOPHER L. NELSON, an KAREN E. REILLY, an associate of the associate of the firm, received his law firm, received her law degree from Pace degree from Duke University School of University School of Law, where she was Law, and his undergraduate degree in a member of the Moot Court Board and Business, Economics, and the Law from National Moot Court Team. Ms. Reilly Washington University in St. Louis. Prior received her undergraduate degree from to joining Schiffrin & Barroway, Mr. the State University of New York College Nelson practiced with the Philadelphia at Purchase. She is licensed to practice law law firm of Berger & Montague, P.C., in Pennsylvania, New Jersey, New York, where he was a securities litigator. Connecticut and Rhode Island, and has been admitted to prac- Mr. Nelson is admitted to practice law in the Common- tice before the United States District Courts for the Eastern wealth of Pennsylvania, the Supreme Court of the United District of Pennsylvania, District of New Jersey, Southern and States, the United States Court of Appeals for the Fourth, Fifth Eastern Districts of New York, and the District of Connecticut. and Ninth Circuits, and the United States District Court for Prior to joining Schiffrin & Barroway, Ms. Reilly practiced the Eastern District of Pennsylvania. at Pelino & Lentz, P.C., in Philadelphia, where she litigated a Mr. Nelson concentrates his practice in the area of securi- broad range of complex commercial cases. Ms. Reilly concen- ties litigation, and is Lead or Co-Lead Counsel in numerous trates her practice in the area of securities litigation. pending nationwide class action securities cases.

STEVEN D. RESNICK, an associate of MICHELLE N. PETERSON, an associate the firm, received his law degree from of the firm, received her law degree from The Dickinson School of Law of The Widener University School of Law in Pennsylvania State University, and his 1999. Ms. Peterson received her under- undergraduate degree, cum laude, from graduate degree from Temple University. West Chester University. Mr. Resnick is Ms. Peterson is licensed to practice law licensed to practice law in Pennsylvania in Pennsylvania and New Jersey, and has and New Jersey, and has been admitted to been admitted to practice before the practice before the United States District United States District Courts for the Court for the Eastern District of Pennsylvania, the United Eastern District of Pennsylvania and District of New Jersey. States Court of Appeals for the Third Circuit, the United States Prior to joining Schiffrin & Barroway, Ms. Peterson was an District Court for the District of New Jersey and the United associate with the law firm of Grant & Eisenhofer, P.A., where States District Court for the District of Nebraska. Prior to she practiced complex commercial litigation, including the joining Schiffrin & Barroway, Mr. Resnick was an associate at areas of securities litigation and consumer class actions. Ms. the firm of German, Gallagher & Murtagh, where his practice Peterson concentrates her practice with Schiffrin & Barroway concentrated in the defense of medical malpractice, products in the area of securities litigation. liability and premises liability. Mr. Resnick now concentrates his practice in the area of mass tort litigation.

NICHOLAS S. PULLEN, an associate of the firm, received his law degree, cum LEE D. RUDY, an associate of the firm, laude, from the Georgetown University received his law degree from Fordham Law Center in 2000. Upon graduation, University in 1996. He is licensed to Mr. Pullen worked at two prominent practice law in Pennsylvania and New Philadelphia law firms. In 2003, he joined York. From 1996 to 2002, Mr. Rudy was the administration of Governor Edward an Assistant District Attorney in the G. Rendell, where he served as Chief Manhattan District Attorney’s Office, Counsel to the Pennsylvania Commission where he prosecuted dozens of felony on Crime and Delinquency. Most recently, Mr. Pullen served jury trials to verdict, including robbery, as campaign manager for the Jim Eisenhower for Attorney rape, and murder cases. From 2003 to 2005, Mr. Rudy was an General Campaign. He is licensed to practice law in Assistant United States Attorney in the District of New Jersey, Pennsylvania, and has been admitted to practice in the United where he investigated and prosecuted numerous fraud and States District Court for the District of Colorado. Mr. Pullen violent crime cases, and where he tried three major fraud cases serves in the firm’s Institutional Relations department. to verdict in federal court. Mr. Rudy, along with Marc Topaz and Eric Zagar manages the firm’s mergers and acquisition and shareholder derivative litigation department.

11 MANNY SHACHMUROVE, an associate TAMARA SKVIRSKY, an associate of the of the firm, received his law degree from firm, received her law degree, with honors, The University of Michigan Law School, from The George Washington University where he was an Associate Editor of the Law School. Ms. Skvirsky received her Michigan Journal of Law Reform. Mr. undergraduate degree, cum laude, from the Shachmurove received his Bachelor of University of Pennsylvania. Ms. Skvirsky Science in Economics, cum laude, from is licensed to practice law in Pennsylvania The Wharton School at the University of and New Jersey, and concentrates her Pennsylvania, where he was a Joseph practice in the firm’s case development Wharton Scholar. department.

LIZA H. SHERMAN, an associate of the SANDRA G. SMITH, an associate of firm, received her law degree from Temple the firm, received her law degree from University School of Law. Ms. Sherman Temple University School of Law, where is also a graduate of Bryn Mawr College, she was Editor-In-Chief of The Temple where she earned her A.B in Sociology Environmental Law and Technology magna cum laude. Prior to joining the Journal. Ms. Smith is also a graduate of firm, Ms. Sherman was an associate at St. Joseph’s University, where she received Ashby & Geddes, P.C., in Wilmington, her B.A. in History. Prior to joining Delaware, where she practiced in the areas Schiffrin & Barroway, Ms. Smith practiced of corporate, commercial and bankruptcy litigation. She is as a securities litigator with the Philadelphia law firm of licensed to practice in Pennsylvania and Delaware and has Berger & Montague, P.C. Ms. Smith is licensed to practice in been admitted to practice before the United States District Pennsylvania and is admitted to practice before the United Court for the District of Delaware. Ms. Sherman concentrates States District Court for the Eastern District of Pennsylvania. her practice in the areas of mergers and acquisitions litigation, Ms. Smith concentrates her practice in the area of mergers and as well as derivative litigation. acquisition litigation.

KAY E. SICKLES, an associate of the BENJAMIN J. SWEET, an associate of firm, received her law degree from the the firm, received his juris doctor from University of Pennsylvania School of Law. the Dickinson School of Law, and his BA, She received her undergraduate degree cum laude, from the University Scholars from Colgate University, graduating, with Program of The Pennsylvania State honors, from the History department. University. While in law school, Mr. Sweet Prior to joining the firm, Ms. Sickles was served as Articles Editor of the Dickinson an associate with Sandals & Langer, LLP, Law Review, and was also awarded Best where she litigated complex class actions Oral Advocate in the ATLA Junior Mock arising out of violations of the ERISA and antitrust statutes. Trial Competition. Prior to joining Schiffrin & Barroway, Mr. She is licensed to practice law in Pennsylvania and New Jersey, Sweet practiced in the Pittsburgh office of Reed Smith LLP, and has been admitted to practice before the United States where he specialized in complex civil litigation. While at Reed District Court for the Eastern District of Pennsylvania and the Smith, Mr. Sweet co-authored Assignability of Non-Compete United States District Court for the District of New Jersey. Covenants, 74 Pa. Bar. Q. 64 (April 2003). Mr. Sweet is licensed Ms. Sickles concentrates her practice in the area of securities to practice law in the Commonwealth of Pennsylvania, the litigation and specializes in settlement matters. United States District Court for the Western District of Pennsylvania and the United States Courts of Appeals for both the Second and Ninth Circuits. Mr. Sweet concentrates his practice in the area of securities litigation and has helped obtain several multi-million dollar settlements on behalf of class members in several nationwide federal securities class actions, including In re Flextronics Int’l Ltd. Secs. Litig., No. 03-cv-2102 (N.D. Cal. 2004), In re Black Box Corp. Secs. Litig., No. 03-cv-412 (W.D. Pa. 2004), and In re Zomax Inc. Secs. Litig., No. 04-cv-1155 (D. Minn. 2005). Mr. Sweet is currently Lead or Co-Lead Counsel in several pending nationwide class action securities cases.

12 HEATHER TASHMAN, an associate ERIC L. ZAGAR, an associate of the of the firm, received her law degree, firm, received his law degree from the cum laude, from Villanova University University of Michigan Law School, cum School of Law, where she was an laude, where he was an Associate Editor Associate Editor of Outside Articles for of the Michigan Law Review. He has the Villanova Environmental Law Journal. practiced law in Pennsylvania since 1995, She also received an MBA from Villanova and previously served as a law clerk to University in 2003. Ms. Tashman received Justice Sandra Schultz Newman of the her undergraduate degrees, cum laude, Pennsylvania Supreme Court. He is in Art, History and Psychology from Tulane University in 2000. admitted to practice law in Pennsylvania. Prior to joining Schiffrin & Barroway, Ms. Tashman was an Mr. Zagar concentrates his practice in the area of sharehold- associate at Drinker Biddle and Reath LLP, where she special- er derivative litigation. Mr. Zagar has served as Lead or Co-Lead ized in insurance litigation. counsel in numerous derivative actions in courts throughout Ms. Tashman is admitted to practice law in Pennsylvania the nation, including David v. Wolfen, Case No. 01-CC-03930 and New Jersey. She has also been admitted to practice before (Orange County, CA) (Broadcom Corp. Derivative Action); the United States District Court for the Eastern District of In re PolyMedica Corporation Shareholder Derivative Litigation, Pennsylvania. Ms. Tashman concentrates her practice at Case No. 01-3446 (Middlesex County, MA); In Re Dynacq Int’l. Schiffrin & Barroway in the area of securities litigation. Shareholder Derivative Litigation, Case No. 2002-07135 (Harris County, TX); and Castillo v. Cavallaro, et al., Case No. A467663 (Clark County, NV) (Station Casinos, Inc. Class and Derivative GERALD D. WELLS, III, an associate of Action). Mr. Zagar has successfully achieved significant mone- the firm, received his law degree from tary and corporate governance relief for the benefit of share- Temple University School of Law, where holders, and has extensive experience litigating matters involv- he served on the editorial board of the ing Special Litigation Committees. In addition, Mr. Zagar, along Environment Law & Technology Journal, with Marc Topaz and Lee Rudy, manages the firm’s mergers and and was President of the Student Bar acquisition and shareholder derivative litigation department. Association. Prior to joining the firm, Mr. Wells was an associate at Mager White & Goldstein, LLP, where he practiced in the ANDREW L. ZIVITZ, an associate of areas of complex commercial litigation, antitrust and securities the firm, received his law degree from litigation. He is licensed to practice in Pennsylvania and New Duke University School of Law, and Jersey, and has been admitted to practice before the United received a Bachelor of Arts degree, with States District Court for the District of New Jersey. Mr. Wells distinction, from the University of concentrates his practice in the areas of antitrust, ERISA, and Michigan, Ann Arbor. Prior to joining consumer protection. Schiffrin & Barroway, Mr. Zivitz practiced with the Philadelphia law firms of Klehr, Harrison, Harvey, Branzburg & Ellers, LLP ROBIN WINCHESTER, an associate and Drinker Biddle & Reath, LLP, where he litigated complex of the firm, received her law degree commercial and environmental matters. from Villanova University School of Mr. Zivitz is admitted to practice law in Pennsylvania and Law, and received her undergraduate New Jersey, and has been admitted to practice before the United degree in Finance from St. Joseph’s States District Court for the Eastern District of Pennsylvania and University. Prior to joining Schiffrin & the United States District Court for the District of New Jersey. Barroway, Ms. Winchester served as a law Mr. Zivitz concentrates his practice in the area of securities clerk to the Honorable Robert F. Kelly in litigation, and is Lead or Co-Lead Counsel in several of the the United States District Court for the largest class action securities cases currently pending nation- Eastern District of Pennsylvania. Ms. Winchester is licensed to wide. In addition, Mr. Zivitz has been instrumental in recover- practice law in Pennsylvania and New Jersey, and has been ing more than $100 million for aggrieved investors in numer- admitted to practice before the United States District Court for ous securities class action litigations, including In re Computer the Eastern District of Pennsylvania. She concentrates her prac- Associates, No. 02-CV-1226 (E.D.N.Y.) and In re Aon Corp., tice in the area of securities litigation, and serves in the firm’s No. 02 CV 5631 (N.D. Ill.). lead plaintiff department which involves working with clients, litigation strategy and lead plaintiff issues.

13 KENDALL S. ZYLSTRA, an associate at the Consultants firm, received his law degree from Temple University School of Law, where he gradu- KEVIN P. CAULEY serves in the firm’s ated with the Temple Law Alumni/ae Moot institutional relations department. Mr. Court Award. Mr. Zylstra is licensed to Cauley is a graduate of Temple University. practice law in Pennsylvania, and has been Prior to joining the firm, Mr. Cauley was admitted to practice in the United States Director of Business Development for Court of Appeals for the Ninth Circuit, the MBP Associates, one of the country’s top United States District Courts for the multi-family offices in New York City. Eastern District of Pennsylvania, the District of Oregon, the Mr. Cauley has experience in institutional Eastern District of Washington, and the Western District of fiduciary investment consulting, money Washington, and the New Jersey Superior Court. manager selection, best trade executions, and asset allocation Prior to joining Schiffrin & Barroway, Mr. Zylstra practiced modeling. He has held the Series 7, 24, 63, and 65 licenses with law at Berger & Montague, P.C., where he concentrated on the NASD. Mr. Cauley has also done political consulting in antitrust and complex consumer protection litigation. He was coordinating and directing various aspects of field operations an Assistant District Attorney in Philadelphia from 1991 to for local, state, and national campaigns in Southeastern 1996, primarily prosecuting sexual assault and domestic vio- Pennsylvania. lence cases. Mr. Zylstra also represented two classes of victims of human radiation experimentation conceived and conducted by the federal government in conjunction with state and private ROY JONES serves in the firm’s institu- contractors as part of the U.S. atomic weapons research pro- tional relations department. Mr. Jones gram during the Cold War. He was principally responsible for was educated at Oxford and Cambridge all areas of litigation on behalf of prisoner experimentation Universities in the United Kingdom, and subjects, helping obtain settlements for over $4.7 million com- has a broad and deep understanding of bined, and significantly contributed to a reversal by the Ninth the European pension world and its key Circuit Court of Appeals of a summary judgment dismissal players. Furthermore, Mr. Jones is an of one of those cases on statute of limitations grounds. See acknowledged expert on global corporate Bibeau, et al. v. Pacific Northwest Research Foundation, et al., governance trends, where he has advised 188 F.3d 1105 (9th Cir. 1999). In addition, Mr. Zylstra made the Organization for Economic Cooperation and Development significant contributions in winning substantial recoveries in and the World Bank, among others. Mr. Jones works closely the Phen Fen litigation. Mr. Zylstra, along with Marc Topaz, with many of the firm’s European clients. manages the firm’s Antitrust department.

14 EXHIBIT E FIRM RESUME

Litigation Approach

The Firm’s business strategy is to aggressively develop and pursue opportunities in the field of class action litigation. The Firm’s principals have many years of experience in class action litigation. The Firm relies heavily on highspeed scanning and paperless distribution through their computer system to generate efficiencies in legal research and drafting, time- keeping, financial control and planning.

The Firm’s class action practice involves claims relating to violations of antitrust law, consumer protection laws, truth in lending legislation, financial services, securities offerings, accounting malpractice, breach of fiduciary duties of corporate officers and directors, and products liability.

The aggressive, result-oriented approach to client representation applied by the Firm and its principals has been demonstrated in the following litigation:

• In Re: Providian Credit Card Cases. Robert S. Green was appointed co-lead counsel in this national class action brought on behalf of Providian credit card customers who were improperly charged late fees, higher interest rates on balance transfers, and fees for add-on products, including Credit Protection, PricePro, Drive Pro, HealthPro, and credit line increases. The San Francisco Superior Court approved a settlement for $105 million, which covered restitution to Providian customers, "in-kind" payments to customers, and the costs and expenses of the litigation.

• In re: Tenet Healthcare Cases II. Jenelle Welling serves on the Plaintiffs' Executive Committee in this consolidated action seeking redress for uninsured consumers who received treatment from one of Tenet Healthcare's 42 California hospitals. The complaint alleged Tenet charged exorbitant and unconscionable prices, for example, making up prescription drugs 1,038% on average, to increase revenues and profits. A proposed settlement was reached in April 2005 that provides for restitution, injunctive relief and $4 million of cy pres damages.

• XO Communications, Inc. Securities Litigation. Green Welling LLP represented shareholders in class litigation pending in Delaware who suffered losses in connection with XO's slide into bankruptcy in 2002. In September 2002, the Supreme Court of New York approved a global settlement of the New York and Delaware class action cases that provided a cash fund of over $8 million to shareholders.

235 PINE ST P FIFTEENTH FLOOR P SAN FRANCISCO P CALIFORNIA 94104

TEL (415) 477-6700 P FAX (415) 477-6710 P EMAIL [email protected] P WWW CLASSCOUNSEL.COM Page 2

• McKesson Inc. Derivative Litigation. McKesson-HBOC, Inc. lost $9 billion in stock market capitalization in one day during April 1999 after announcing that prior financial statements would be restated due to accounting errors. Rather than pursuing the individuals and companies who participated in the conduct that led to the accounting restatements, the company sued its own shareholders in a case that was promptly dismissed by the Ninth Circuit U.S. Court of Appeals. As co- counsel for plaintiff shareholders seeking to recover money on behalf of the corporation from the wrongdoers, the firm obtained an important decision from the Delaware Supreme Court expanding the rights of shareholders to obtain and inspect corporate documents where there is a proper purpose for investigating potential wrongdoing. See Saito v. McKesson HBOC, Inc., 806 A.2d 113 (Del. Supr. 2002). We are continuing to seek recovery in Delaware Chancery Court on behalf of the company.

• Mitchell v. American Fair Credit Association. In February 2003, attorneys for Green Welling LLP with co-counsel negotiated an $8.6 million cash fund to be distributed to victims of AFCA's credit repair scheme. Through the settlement, consumers also obtained debt forgiveness for outstanding membership dues and credit repair.

• Prata v. Bank One. Green Welling LLP represented the plaintiff class in this case involving "Same as Cash" credit card financing claims. On December 12, 2002, the Superior Court in Los Angeles approved a $3 million cash settlement for California consumers who participated in the "Same as Cash" financing plan.

• Prata v. GE Capital. Green Welling LLP restored another $2.5 million to Californians who were duped by the "Same as Cash" advertising slogan and program that GE bought from Bank One. GE also agreed to refrain from using the "Same as Cash" slogan to advertise financing plans that require minimum monthly payments.

• Calvin v. Zaken. Green Welling LLP attorneys represented retired and disabled individuals who were drawn into the Zaken Company's work at home scheme. The case asserted claims under California's elder abuse statutes, the Consumer Legal Remedies Act and California's Unfair Competition Law. Green Welling obtained significant monetary relief for the plaintiffs and an enforceable agreement strictly regulating the advertising and business practices of the defendants.

• Equitec Roll-Up Litigation. In 1994, Robert Green was a key member of the trial team in this federal securities class action. Plaintiffs asserted claims in connection with the merger or "roll-up" of ten real estate limited partnerships. By the end of a six month trial, the defendants including Dean Witter, Smith Barney, Hallwood and others had settled for over $30 million. Page 3

• Brauer v. Primetime 24 Joint Venture and DirecTV, Inc. In this national class action, the Plaintiff sought damages for a class of 900,000 subscribers to satellite TV, whose network programming (ABC, CBS, NBC, Fox) was cut off after DirecTV and PrimeTime were found to have violated the United States Copyright Act by retransmitting the programming to those subscribers. Under a settlement valued at $44 million, the defendants provided a package of free, premium movie programming to the class. The settlement was approved April 2001.

• In Re: Prison Realty Securities Litigation. In this lawsuit, shareholders of CCA Prison Realty Trust and Corrections Corporation of America sought damages on behalf of investors against a real estate investment trust and its officers and directors, following defendants' alleged false statements made in the context of a merger between Corrections Corporation of America and CCA Prison Realty Trust and subsequent operation of the merged entity. On February 13, 2001, the Court granted final approval to a settlement for over $104 million in cash and stock.

• In re Salomon Analyst Litigation. Green Welling LLP serve as co-lead counsel for the class. Pending in the U.S. District Court for the Southern District of New York, this case asserts claims against the securities analyst, , and his employers at Solomon Smith Barney for manipulating the price of XO stock in order to gain investment banking business.

• Isco v. Kraemer (In re UDC Homes, Inc). Securities class action against officers and directors of real estate development company and its auditors. Robert Green assumed lead role in obtaining $16.75 million in partial settlements. Mr. Green also participated as trial counsel in a five month trial against the company's outside auditors.

• In re Bridgestone/Firestone, Inc., ATX, ATX II and Wilderness AT Tires Products Liability Litigation. Robert Green served as chairman of the Law Committee of this nationwide MDL products liability action brought on behalf of owners of certain Firestone tires and Ford Explorers asserting claims under the Magnuson- Moss Warranty Act, 15 U.S.C. §§ 2301 et seq., state consumer protection statutes and common law. In March 2004, a Texas court approved a nationwide settlement with Firestone. Firestone agreed to spend $15.4 million on consumer education for three years and to implement tire design changes to provide better high speed capacity. Firestone also will replace any recalled tires still on consumers' vehicles at no charge. In June 2005, the Superior Court of California certified a class of California residents that purchased Ford Explorers. Page 4

Partners

Robert S. Green has practiced extensively in the fields of complex and class action litigation since 1988. Before forming Green Welling, Mr. Green was a partner in the firm of Girard & Green. He graduated with honors from the University of the Pacific, McGeorge School of Law in 1984. Mr. Green received his Masters of Business Administration degree from California State University-Sacramento in 1989 and his undergraduate degree with distinction from Oregon State University in 1981. He is an active member of the National Association of Consumer Attorneys (NACA) and of the Association of Trial Lawyers of America (ATLA), and is an Editorial Advisor for the Consumer Financial Services Law Report. Mr. Green also is a member of the Partners' Council for the National Consumer Law Center and is a former Chairman of the Board of Marin AIDS Interfaith Network.

Jenelle Welling graduated from the University of California Hastings College of the Law in 2000, where she was honored with the American Jurisprudence Award in both Moot Court and Trial Advocacy. She also was a member of the Hastings Women's Law Journal. Prior to law school, Ms. Welling received a Masters Degree in Public Policy from the University of California at Berkeley. She graduated with Highest Honors from the University of California at San Diego with a Bachelor of Arts degree in Political Science. Ms. Welling is an active member of the Bar Association of San Francisco (BASF), and the Consumer Attorneys of California (CAOC).

Associates

Kamon Naddaf graduated from UC Berkeley School of Law, Boalt Hall in 2003. She was a member of the Berkeley Women's Law Journal and the Asian Law Journal. Ms. Naddaf received two BAs from UC Berkeley where she graduated with distinction in general scholarship and majored in both Political Science and Rhetoric. After earning her BA, she worked for Americorps focusing on homeless policy reforms in the Bay Area.

Avin P. Sharma graduated from UC Hastings College of the Law in 2004. He was a member of the Hastings International and Comparative Law Review. Mr. Sharma was a judicial extern at the San Francisco Superior Court for the Honorable A. James Robertson II, the Honorable James J. McBride, and the Honorable Ronald E. Quidachay. He was also a judicial extern for the Honorable Saundra B. Armstrong of the U.S. District Court for the Northern District of California. Mr. Sharma received a B.A. in Business Economics and a B.A. in Political Science from the University of California at Santa Barbara.

Brian S. Umpierre graduated from Villanova University School of Law in 1998. He was an extern for the U.S. Environmental Protection Agency - Region III in Philadelphia, PA and a member of the Latin American Law Students Association. He is a graduate of the University of Scranton, where he was a member of Alpha Kappa Delta, the International Sociology Honor Society. Brian Umpierre is licensed to practice in California.