The Mcdaniel Family Trust, Et Al. V. Wells Fargo & Company, Et Al. 05

1 MILBERG WEISS BERSHAD & SCHULMAN LLP 2 Steven G. Schulman (admitted pro hac vice) Jerome M. Congress (admitted pro hac vice) 3 Janine L. Pollack (admitted pro hac vice) Kim E. Miller (State Bar No. 178370) 4 Michael R. Reese (State Bar No. 206773) One Pennsylvania Plaza 5 New York, New York 10119-0165 Telephone: (212) 594-5300 6 Facsimile: (212) 868-1229

7 Proposed Plaintiffs’ Lead Counsel

8 9 UNITED STATES DISTRICT COURT 10 NORTHERN DISTRICT OF CALIFORNIA 11 SAN FRANCISCO DIVISION 12 THE MCDANIEL FAMILY TRUST, Individually ) Case No.: 3:05-CV-4518 (WHA) And On Behalf Of ALL OTHERS SIMILARLY ) 13 SITUATED, ) DECLARATION OF MICHAEL R. Plaintiff, ) REESE IN SUPPORT OF THE 14 ) CORRECTED REVISED MOTION TO vs. ) APPOINT RONALD SIEMERS AS LEAD 15 ) PLAINTIFF AND APPROVAL OF LEAD WELLS FARGO & COMPANY, WELLS ) PLAINTIFF’S SELECTION OF LEAD 16 FARGO FUNDS MANAGEMENT, LLC, ) COUNSEL WELLS CAPITAL MANAGEMENT ) 17 INCORPORATED, H.D.VEST INVESTMENT ) Date: February 23, 2006 SERVICES, STEPHENS INC., SEI ) Time: 2:00 p.m. 18 INVESTMENTS DISTRIBUTION COMPANY, ) Court Room: 9, 19th Floor WELLS FARGO FUNDS TRUST, and WELLS ) Judge: Honorable William H. Alsup 19 FARGO INVESTMENTS, LLC, ) ) 20 Defendants. ) 21 22 23 24 25 26 27

DECLARATION OF MICHAEL R. REESE IN SUPPORT OF THE CORRECTED REVISED MOTION TO APPOINT RONALD SIEMERS AS LEAD PLAINTIFF AND APPROVAL OF LEAD PLAINTIFF’S SELECTION OF LEAD COUNSEL – Case No.: 3:05-CV-4518 (WHA)

1 I, Michael R. Reese, hereby declare as follows: 2 1. I am a member of the law firm of Milberg Weiss Bershad & Schulman LLP 3 (“Milberg Weiss”). I submit this declaration in support of the Corrected Revised Motion To 4 Appoint Ronald Siemers As Lead Plaintiff And Approval Of Lead Plaintiff’s Selection Of Lead 5 Counsel. 6 2. Attached hereto as Exhibit A is a true and accurate copy of the Declaration of Marc 7 Vellrath, Ph.D, CFA, dated February 21, 2006. 8 3. Attached hereto as Exhibit B is a true and accurate copy of the PSLRA notice 9 published by the plaintiff in the above-captioned action on PR Newswire on November 11, 2005. 10 4. Attached hereto as Exhibit C is a true and accurate copy of Ronald Siemers’s 11 PSLRA certification, including a revised Schedule A. 12 5. Attached hereto as Exhibit D is a true and accurate copy of the firm resume of 13 Milberg Weiss. 14 6. Attached hereto as Exhibit E is a list of the mutual fund cases being litigated by 15 Milberg Weiss. 16 I declare under penalty of perjury under the laws of the United States of America that the 17 foregoing is true and correct. Executed February 21, 2006 in New York, New York. 18 19 /s/ Michael R. Reese 20 MICHAEL R. REESE

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1 DECLARATION OF SERVICE BY MAIL 2 I, the undersigned, declare: 3 1. That declarant is and was, at all times herein mentioned, a citizen of the United 4 States and a resident of New York, New York, over the age of 18 years, and not a party to or 5 interest in the within action; that declarant’s business address is One Pennsylvania Plaza, New 6 York, New York 10119. 7 2. That on February 21, 2006, declarant served the DECLARATION OF MICHAEL R. 8 REESE IN SUPPORT OF THE CORRECTED REVISED MOTION TO APPOINT RONALD 9 SIEMERS AS LEAD PLAINTIFF AND APPROVAL OF LEAD PLAINTIFF’S SELECTION OF 10 LEAD COUNSEL – Case No.: 3:05-CV-4518 (WHA) by either electronic notice or depositing a 11 true copy thereof in a United States mailbox at New York, New York in a sealed envelope with 12 postage thereon fully prepaid and addressed to the parties listed on the attached Service List. 13 3. That there is a regular communication by mail between the place of mailing and the 14 places so addressed. 15 4. That on February 21, 2006, declarant served via email to: [email protected]. 16 I declare under penalty of perjury that the foregoing is true and correct. Executed this 21st 17 day of February, 2006, at New York, New York. 18

19 /s/ Michael R. Reese 20 MICHAEL R. REESE 21 22 23 24 25 26 27

1 Wells Fargo & Co. 2 Service List 3 Bruce A. Ericson Thomas O. Jacob 4 Jacob R. Sorensen Vanessa M. Hoffmann Kristin M. Lefevre OFFICE OF GENERAL COUNSEL, WELLS 5 PILLSBURY WINTHROP SHAW PITTMAN LLP FARGO & CO. th 6 50 Freemont Street 633 Folsom Street, 7 Floor P.O. Box 7880 San Francisco, CA 94107 7 San Francisco, CA 94105-7880 Tel.: (415) 622-6656 Tel.: (415) 983-1000 Fax: (415) 975-7864 8 Fax: (415) 983-1200 Counsel for Defendants Wells Fargo & Co., 9 -and- Wells Fargo Funds Management, LLC, Wells 10 Capital Management, Inc., Wells Fargo Funds Clifford C. Hyatt Trust, and Wells Fargo Investments, LLC 11 David L. Stanton PILLSBURY WINTHROP SHAW PITTMAN LLP 12 725 South Figueroa Street, Suite 2800 13 Los Angeles, CA 90017-5406 Tel.: (213) 488-7100 14 Fax: (213) 629-1033

15 Counsel for Defendants Wells Fargo & Co., Wells Fargo Funds Management, LLC, Wells 16 Capital Management, Inc., H.D. Vest 17 Investment Services, Wells Fargo Funds Trust, and Stephens Inc. 18

19 Michael Lawson Patrice Bishop John DeGooyer STULL STULL & BRODY 20 MORGAN LEWIS & BOCKIUS LLP 10940 Wilshire Blvd., Suite 2350 21 One Market Street, Spear Street Tower Los Angeles, CA 90024 San Francisco, CA 94105 Tel.: (310) 209-2468 22 Tel.: (415) 442-1000 Fax: (310) 209-2087 Fax: (415) 442-1001 23 Counsel for Plaintiffs Counsel for SEI Investment Distribution 24 Company 25 26 27

1 Adam Gutride Jules Brody Seth A. Safier Mark Levine 2 GUTRIDE SAFIER LLP STULL, STULL & BRODY 3 835 Douglass Street 6 East 45th Street San Francisco, CA 94119 New York, New York 10017 4 Tel.: (415) 336-6545 Telephone: (212) 687-7230 Fax: (415) 876-4345 Facsimile: (212) 490-2022 5 Counsel for Plaintiff Counsel for Plaintiffs 6

7 Charles J. Piven LAW OFFICES OF CHARLES J. PIVEN, 8 P.A. The World Trade Center – Baltimore 9 Suite 2525 401 East Pratt Street 10 Baltimore, Maryland 21202 11 Telephone: (410) 332-0030 Facsimile: (410) 685-1300 12 Counsel for Plaintiffs 13

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EXHIBIT A DECLARATION OF MARC VELLRATH, PH .D., CFA

Marc Vellrath, under penalties of perjury, hereby declares :

1 . I am an economist and a Director of ERS Group, an economic and financial consulting firm with offices throughout the United States . ERS Group provides research and consulting services primarily in the areas of antitrust, banking and finance, commercial damages, forensic accounting, intellectual property and regulation .

2. I hold M .S . and Ph.D. degrees in economics from Carnegie Mellon University and an

MBA degree from the University of Washington . I also have earned the Chartered Financial

Analyst designation, or CFA, awarded by the CFA Institute (formerly the Association for

Investment Management and Research) . Before joining ERS Group in 2004 (as a result of a merger), I was a Principal and founder of Key Point Consulting, LLP . Prior to forming

KeyPoint, I was a Vice President and Principal of Analysis Group, Inc ., an economics consulting firm, for six years, and a senior economist with Ernst & Young, an international accounting and consulting firm, for five years. For a total of eight years, I served on the faculties of the graduate schools of business at New York University and the University of Washington . At both NYU and UW, I taught a variety of undergraduate and graduate courses, including microeconomics, money and banking, corporate finance and investments . I also have taught in the loan officer training programs of two large commercial banks, Morgan Guaranty Trust Company and

Chemical Bank of New York, and have been a contract researcher for Frank Russell Company, a pension fund advisory firm . A copy of my resume is attached as Exhibit 1 to this declaration . 3 . I have conducted numerous investigations and consulting engagements involving a variety of economic and financial issues in many different industries. As a consultant to law firms, I have investigated economic and financial issues arising in disputes involving antitrust , patent infringement, fraud and fraudulent conveyances, breaches of fiduciary duty, contract breaches, and other matters. I have been retained by counsel for, and have testified at trial o n behalf of, both plaintiffs and defendants. As a consultant to businesses and governmenta l agencies, I have prepared strategic plans, marketing plans, feasibility studies, valuations, and various other studies to improve management decision -making, increase productivity and efficiency, control costs and, in the case of corporations , raise profits.

4. I have been retained by Milberg Weiss Bershad & Schulm an LLP ("Milberg Weiss") to investigate certain financial issues related to the matter of The MCDANIEL FAMILY TRUST,

Individually and all others similarly situated v. WELLS FARGO & COMPANY, et al. This action is brought by Plaintiffs against Wells Fargo and its related entities (collectively "Wells

Fargo") on behalf of a class consisting of persons or entities who purchased from Wells Fargo one or more of the Wells Fargo proprietary funds and/or one or more non-proprietary funds participating in revenue sharing and directed brokerage arrangements with Wells Fargo .

Specifically, attorneys at Milberg Weiss have asked me to propose a "metric" or "indicator" tha t one might use to assess and compare the financial interests of different class members in th e outcome of various lawsuits that have been (or may be) brought in this and related matters . My firm is being compensated for my work on this engagement at my standard hourly rate, which i s

$450.

5 . Briefly, the conduct at issue in this litigation involves the sales practices of Wells Fargo and its related entities in the marketing of mutual funds . Through cash and non-cash incentive s

DECLARATION OF MARC VELLRATH, Ph.D ., CFA Page 2 Wells Fargo allegedly pushed its broker/advisors to sell funds designated as "Shelf-Space" fund s

(including Wells Fargo funds) over a variety of other, unrelated funds that advisors could offer.

Wells Fargo brokers received monetary incentives for achieving certain levels of sales of Well s

Fargo funds. Because mutual funds earn management fees based on a percentage of assets unde r management, the firm had a clear incentive to steer investors into its own funds .

6. This conduct was detrimental and harmful to ordinary investors. As a result of investing

in Shelf-Space funds, Plaintiffs and other class members received a return on their investment that was substantially less than the return on investment they would have received had they invested the same dollars in a comparable fund .

7. The dollar amount of harm suffered by any particular mutual fund investor will depend on a variety of factors, such as the amount of excess commissions that were levied on a particular fund and the fund's relative performance. In all cases, however, an important determinant of the harm suffered by a particular investor will be the extent to which the investor was "exposed" to increased commission costs and relatively poor investment returns caused by the improper conduct. Such exposure depends primarily on the dollar value of the investor's mutual fund holdings and also on the length of time that the investor holds his or her interest in the fund .

One can quantify an investor's exposure by computing the investor's "dollar days o f holdings" during the class period, or, equivalently, the investor's "average dollar holdings" for a typical day during the class period . A dollar day of holdings in fund ABC is simply one dollar

1 I understand that the class period in the lawsuit brought by Milberg Weiss against Wells Fargo and other related parties (including, but not limited to, the Wells Fargo funds) runs from June 30, 2000, through June 8, 2005 . All computations reported in this declaration assume this class period .

DECLARATION OF MARC VELLRATH, Ph .D., CFA Page 3 invested in fund ABC for one day .2 An investor's average dollar holdings is the dollar value o f his or her holdings on average each day during the class period . Thus, an investor's average dollar holdings is his or her total dollar days of holdings divided by the number of days in the class period .3

9. Dollar days of holdings and average dollar holdings are closely related metrics, since the latter is computed from the former (by dividing by the number of days in the class period) . Of the two, average dollar holdings may have the more natural interpretation : An investor's average dollar holdings measures the dollar value of his or her exposure to the reduced rate of return, and resulting loss of investment earnings, alleged to result from the conduct at issue here, on a n average day during the class period. I therefore focus on average dollar holdings in the remainder of this declaration .

10. Average dollar holdings during the class period is a sound and useful indicator of investors' interests in the matter at hand because this measure reflects two important aspects of exposure to the harmful effects of Wells Fargo's deceptive sales practices. First, the longer an investor owns shares in a fund that pays higher commissions, the more likely it is that he or she will suffer the detrimental effects of the drain caused by these increased expenses . Second, the dollar amount that an investor loses because of Wells Fargo's sales practices, on any given day, will be proportional to his total holdings on that day.

2 As an illustration, suppose an investor holds $1,000 in fund ABC for 500 days during the relevant class period . That investor had five hundred thousand dollar-days of holdings of fund ABC during the class period . An investor who holds $5,000 in fund ABC, but for only 100 days during the relevant class period also had five hundred thousand dollar days of holdings in fund ABC during the class period .

3 Continuing the previous example, if the class period in this illustration were 1000 days, then each of these investors had average dollar holdings, on average over the entire class period, of $500 dollars .

DECLARATION OF MARC VELLRATH, Ph .D., CFA Page 4 11 . Among any given group of investors, average dollar holdings can be used to assess and compare the individual investors' exposures to the harm caused by deceptive marketing . In particular, given a set of investors who purchased mutual fund shares during a particular period, the harm suffered by those investors is likely to be at least roughly proportional to their average dollar holdings . In MDL-1586: In re Mutual Funds Investment Litigation, the court relied on this measure, and on my computations of average dollar holdings, at least in part, in appointing and organizing plaintiffs' counsel in accordance with the PSLRA.4

12. Importantly, this metric can be computed from information that is readily available .

Specifically, one can compute an investor's average dollar holdings from the trading records of the individual investor and from daily NAVs for the fund(s) he or she holds .

13. Average dollar holdings is somewhat different from measures of financial interest typically employed in securities fraud litigation . In particular, this metric is not driven by

(unexpected) changes in prices such as might occur in response to the disclosure of

(fraudulently) concealed information . This is because the harm to a longer-term investor caused by deceptive marketing does not flow from any particular change in pricing . Instead, the harm flows from the reduced rate of return on invested assets, and resulting loss of investment earnings, which occur over time, whether prices are rising or falling .

14. While average dollar holdings measures exposure to the harm caused by misleading sales practices, one should not interpret this metric as a measure of damages . Damages will also depend on the "extent" of the excess expenses to which an investor is exposed in each particula r fund, and possibly on other factors as well.

4 See letter from U.S. District Judge J. Frederick Motz, addressed to Counsel, Re : MDL-1586-In re Mutual Funds Investment Litigation, dated April 30, 2004 .

DECLARATION OF MARC VELLRATH, Ph .D., CFA Page 5 15 . At the request of attorneys at Milberg Weiss, I have computed average dollar holdings for the lead plaintiff movant in the Actions (as defined in the accompanying memorandum) . To enable me to do this, Milberg Weiss provided data on purchases, sales, and NAVs of Shelf-Spac e funds by this movant during the class period . I then gathered daily NAVs as needed for the relevant funds from public sources .

CONCLUSION

16. I report the results of my computations, in summary form, in Exhibit 2 to this declaration .5 As shown in this exhibit, the movant, the Wells Fargo Lead Plaintiff hel d approximately $155,355 in Wells Fargo and other Shelf-Space funds . Exhibit 2 also summarize s average dollar holdings of the movant by fund.

17 . This declaration reflects my findings and opinions as of February 21, 2006. My analysis is on-going and my findings and opinions may change or be supplemented if additional information relevant to the issues which I address in this declaration comes to my attention . If I am asked to testify as to my findings and opinions in this matter, I may prepare additiona l supporting materials related to my findings and opinions, such as summaries, graphical exhibits or charts.

5 I report only "average dollar holdings ." One can compute dollar days of holdings by multiplying average dollar holdings by 1,805 which is the number of days in the class period .

DECLARATION OF MARC VELLRATH, Ph .D., CFA Page 6 Dated: February 21, 2006 Emeryville, California

911tov 9K

Marc Vellrath

DECLARATION OF MARC VELLRATH, Ph.D ., CFA Page 7 EXHIBIT 1

MARC VELLRATH, Ph .D., CFA

2000 Powell Street, Suite 500 • Emeryville, CA 94608 • (510) 594-8100 [email protected]

SPECIALIZATION

Analysis of damages in financial and commercial disputes and antitrust actions ; analysis of reasonable royalties and lost profits in intellectual property disputes ; analysis of financial markets and financial institutions ; analysis of accounting, financial and economic data ; economic forecasts and financial projections; strategic plans, marketing plans, feasibility studies and valuations.

EXPERIENCE AND EDUCATION

SUMMARY

Mr. Vellrath has twenty-five years of experience in business economics and financial analysis . He has prepared expert reports and provided testimony in deposition and at trial on a variety of financial issues in such areas as banking, securities, construction finance, and real estate finance . He also has prepared expert reports and testified on various issues arising in intellectual property disputes, including commercial success, reasonable royalties, lost profits from lost sales, and lost profits from price erosion . He has prepared expert reports and testified on damages in lawsuits involving antitrust claims, fraud and fraudulent conveyance, false advertising, contract breaches, construction claims, and breaches of fiduciary duty . He has testified before state and federal courts throughout the United States, and also before arbitration panels and state regulatory agencies and boards. In addition, as a consultant to both private corporations and government agencies, Mr. Vellrath has prepared strategic plans, marketing plans, feasibility studies, valuations, and various other studies to improve management decision-making. For a total of eight years, he served on the business school faculties at New York University and the University of Washington, teaching business economics, money and banking, corporate finance and investments .

CURRENT POSITIO N

ERS Group (successor to KeyPoint Consulting LLC)

• Director (September 1996 to present )

PAST POSITION S

Analysis Group, Inc.

• Vice President and Principal (September 1990-August 1996 )

Ernst & Young

• Senior Economist (January 1986-August 1990)

Frank Russell Company

• Contract Consultant, Financial Research (September 1985-December 1985) rp :; i nt; io n

University of Washingto n

• Assistant Professor, Finance and Business Economics (September 1983-August 1985)

• Visiting Lecturer, Finance and Business Economics (September 1981-August 1982 )

New York University

• Instructor, Graduate School of Business Administration (September 1977-August 1983 )

Morgan Guaranty Trust Company; Chemical Ban k

• Lecturer, Bank Office Training Programs (part time, September 1977-August 1981 )

EDUCATIO N

Ph .D., Economics, Carnegie Mellon University, 1983

M .S., Economics, Carnegie Mellon University, 197 6

M .B.A., Business Economics, University of Washington, 1974

B.A., History, University of Pennsylvania, 1972

PROFESSIONAL CERTIFICATIO N

Chartered Financial Analyst (CFA), Institute of Chartered Financial Analysts, 198 7

MEMBERSHIPS

Aircraft Owners and Pilots Association American Finance Associatio n Andrew Carnegie Society, Carnegie Mellon University CFA Institute Licensing Executives Society

TESTIMONY AND EXPERT REPORTS

Compaiiia Nitroaeno de Cantarell S .A. de C.V v . ICA/Fluor Daniel - Linde A .G. . Joint Venture, et al .,. JUDICIAL ARBITRATION AND MEDIATION SERVICES At an arbitration hearing, testimony regarding consequential damages resulting from design defects at the world's largest nitrogen production facility . (April 2005 )

Ultimax Cement Manufacturing Corporation et al ., v. CTS Cement Manufacturin g Corporation et al., U.S. DISTRICT COURT, CENTRAL DISTRICT OF CALIFORNIA Deposition testimony on reasonable royalty and lost profits damages from patent infringement and on unjust enrichment from theft of trade secrets . (May 2004)

MDL 1536 In re : Mutual Funds Investment Litigation, U.S . DISTRICT COURT, DISTRICT OF MARYLAND Testimony by affidavit in multiple actions, now consolidated, related to the financial interest of proposed class representatives in the mutual fund industry market timing and late trading litigation . (November 2003 through April 2004 )

ERS Group Litigation CUns .,iune - Econ .Inicc • Anripis - Support M . Velirath, Page 2 Testimony nd E ;<.n rt Repa); gas (Gera . )

Medicus Formulas, Inc . at al . v. Thane, Inc., et al ., CALIFORNIA SUPERIOR COURT, COUNTY OF RIVERSIDE Deposition testimony on damages. (August 2003 )

International Insurance Underwriters, Inc., at at . V. Takagi & Associates, Inc., et at ., SUPERIOR COURT OF GUAM Trial testimony on the market effects of certain pricing practices in the market for commercial brokerage services in Guam . (June 2003 )

Joseph Grazel , M.D., v. St . Jude Medical . Inc., et at., U.S . DISTRICT COURT, DISTRICT OF NEW JERSEY Deposition testimony on commercial success of patented improvements in a medical device (vascular closure devices). (April 2003)

Southwest Pet Products, Inc. at at. v. Koch Industries, et al ., U.S. DISTRICT COURT, DISTRICT OF ARIZONA Deposition testimony on damages, including added costs and lost profits, arising from contamination and recall of premium pet foods . (January 2003)

Miller-Thompson Constructors, Inc. v. Lucas Marine Construction, Inc ., AMERICAN ARBITRATION ASSOCIATIO N At an arbitration hearing, testimony responding to a claim for diminished value of goodwill arising from an alleged wrongful termination of a marine construction contract . (September 2002 )

ATS Products, Inc . v . Shea Technology LLC et al .. U.S. DISTRICT COURT, NORTHERN DISTRICT OF CALIFORNIA Deposition testimony on financial issues arising from alleged breach of a "most favored licensee " clause in a technology license. (October 2002)

Atmel Corporation v. Silicon Storage Technologies, Inc ., U .S. DISTRICT COURT, NORTHERN DISTRICT OF CALIFORNI A Deposition and trial testimony on price erosion damages arising from alleged infringement of patents disclosing technology used in non-volatile memory devices . (December 2001 ; April 2002)

Intergraph Corporation v . Intel Corporation , U.S. DISTRICT COURT, NORTHERN DISTRICT OF ALABAMA Deposition testimony on lost profits, lost going concern value, and reliance damages arising from alleged fraud, suppression of material facts, breach of warranty, interference with business relationships, and related business torts . (January 2002)

Geneva Pharmaceuticals Corp. as successor in interest to Invamed , Inc. v. Barr Laboratories , Inc., et al., and Aoothecon , Inc. v. Barr Laboratories, Inc. . et al ., U.S. DISTRICT COURT, SOUTHERN DISTRICT OF NEW YORK Deposition testimony on antitrust damages arising from alleged efforts to delay a manufacturer's launch of a competing generic product. (July 2001)

Overhead Door Corporation v . The Chamberlain Group , U .S . DISTRICT COURT, NORTHERN DISTRICT OF TEXAS Deposition testimony on reasonable royalties and lost profits damages arising from alleged infringement of a patent disclosing coding technology used in garage door openers . (November 2000)

Hamilton v. Delta National Bank, CALIFORNIA SUPERIOR COURT, STANLISLAUS COUNTY Deposition testimony on financial issues and damages in a lender liability lawsuit. (March 2000)

Trend Micro Inc. v. Network Associates . Inc., U.S. DISTRICT COURT, NORTHERN DISTRICT OF CALIFORNIA Deposition testimony on reasonable royalties and lost profits arising from alleged infringement of a software patent. (February 2000 )

ERSGroup Litigaeor, Co,, u tin. • Eco rznics • A mr ,, s • support M. Vellrath, Page 3 Testn .ony and Expett i?2p,Orts iCorL.1

Willis v. J.G . Wentworth Structured Settlement Funding Corporation , CALIFORNIA SUPERIOR COURT, COUNTY OF SAN FRANCISC O Deposition testimony on the nature and characteristics of certain financial transactions involving payment streams derived from structured settlements . (August 1999 )

Tancitrongsakdi v . Bangkok Metropolitan Bank , CALIFORNIA SUPERIOR COURT, COUNTY OF SAN FRANCISCO Deposition testimony on the structure and economic substance of a complex real estate financing transaction and on the effects of alleged irregularities in a lender's loan processing procedures and loan documentation . (August 1999)

Symantec Corporation v. McAfee Associated Inc., U.S. DISTRICT COURT, NORTHERN DISTRICT OF CALIFORNIA Deposition testimony on benefits gained through infringing use of copyrighted software code and on profits gained through alleged wrongful use of a competitor's customer list . (August 1998 )

ATS Products, Inc. v. Fab-Tech . Inc.. CALIFORNIA SUPERIOR COURT, COUNTY OF SAN FRANCISCO Deposition testimony on profits lost as a result of a competitor's alleged false advertising . (August 1998)

Katz v. Karmouche, CALIFORNIA SUPERIOR COURT, COUNTY OF SAN FRANCISCO Trial testimony on business income lost by a pa rtner in a law firm because of injuries sustained in an automobile accident. (January 1998)

Kopies. Inc., et at. v. Eastman Kodak Company , U.S. DISTRICT COURT, NORTHERN DISTRICT OF CALIFORNI A Deposition testimony on antitrust damages to end-users of high-volume copiers arising from a manufacturer's refusal to sell parts to independent service organizations and from other anti-competitive behavior. (April 1997 )

Murillo v . Kraus, CALIFORNIA SUPERIOR COURT, ALAMEDA COUNTY Deposition testimony on past and future lost income . (November 1996 )

Central Credit Services (for Motorola ) v. Tempo Personal Communications of California , CALIFORNIA SUPERIOR COURT, CONTRA COSTA COUNTY Deposition testimony on amounts due under personal guarantees of business debts . (March 1996)

Richie v. American Council on Gift Annuities, U.S. DISTRICT COURT, NORTHERN DISTRICT OF TEXAS In deposition and at a hearing on class ce rtification , testimony on methods of calculating class-wide antitrust and other damages arising from the illegal sale of annuities and trust se rvices. (August 1995 ; September 1995)

Lina Lum dba Foto 45 v . Agfa Copal, CALIFORNIA SUPERIOR COURT, SAN FRANCISCO COUNTY Deposition testimony on the financial condition of a group of photo-finishing shops . (March 1995)

JMB Real ty Corporation v. Cadillac Fairview, ILLINOIS CIRCUIT COURT, COOK COUNTY Deposition and trial testimony on damages to a real-estate asset-management firm arising from breach of a long-term contract for real estate advisory services. (February 1995; March 1995)

Chaminade , Ltd . v. The Owl Companies, AMERICAN ARBITRATION ASSOCIATION, SAN FRANCISCO Testimony, in deposition and at an arbitration hearing, on increased energy costs incurred by a hotel/conference center as a result of alleged negligence , misrepresentation and breach of contract by the developer and operator of an energy cogeneration facility . (March 1995)

ERSGroup Litgwon Cons ikiog • EconoirkY • An*t,s • Suoporc M . Vellrath, Page 4 Testimony and Expert Repo is (i :or:L )

Vappi & Company v . U.S . Trust, MASSACHUSETTS SUPERIOR COURT, SUFFOLK COUNT Y Deposition and trial testimony assessing the reasonableness of a lender's financial analysis of a failed high- rise condominium project . (September 1993 )

Twin Cities Insurance Company v. Seeno Construction Company , U.S. DISTRICT COURT, DISTRICT OF NEVADA Deposition and trial testimony on damages to a large regional developer /homebuilder caused by an insurance company's refusal to pay a significant claim . (January 1993; September 1993 )

Trammel Crow Company v . Peterson , DISTRICT COURT, DALLAS COUNTY, TEXA S Deposition testimony related to accounting and valuation issues arising in a dispute among pa rtners of the one of the country's largest real estate developers . (March 1993)

Maron v. AMCO Insurance Company , CALIFORNIA SUPERIOR COURT, SONOMA COUNTY Deposition testimony as to the financial condition of a restaurant and delicatessen at the time of a fire that destroyed the restaurant premises . (December 1992 )

Wadell Engineering v. Hodges & Shutt, CALIFORNIA SUPERIOR COURT, SONOMA COUNT Y Trial testimony on damages resulting from loss of a contract to perform airport engineering services allegedly caused by a competitor's tortious interference with prospective business advantage . (March 1992 )

RTR Trading Company v . The Sharper Image, CALIFORNIA SUPERIOR COURT, COUNTY OF SAN FRANCISCO Deposition testimony on damages to an international trading company arising from a specialty retailer's decision to cancel an allegedly non-cancelable order for 10,000 units of a home burglar alarm . (October 1991)

Sprincin Company v . Security Pacific National Bank, CALIFORNIA SUPERIOR COURT, COUNTY OF SAN FRANCISCO Deposition and trial testimony on damages to a developer arising from a bank's alleged failure to fulfill terms of a contract to sell land to the developer and provide construction financing . (September 1990; April 1991)

Boreta v. Hiller Enterprises, U.S. DISTRICT COURT, DISTRICT OF NEVAD A Deposition testimony on losses suffered by an investor in an unsuccessful venture to franchise a restaurant chain . (October and December 1990)

Long Island Lighting Company v . General Electric Company, U.S. DISTRICT COURT, EASTERN DISTRICT OF NEW YOR K Deposition testimony related to calculation of additional overhead costs, escalation costs and financing costs attributable to alleged errors in design of a containment vessel for the Shoreham Nuclear Power Plant . (September 1990)

Key Investors v . American Savings and Loan Association , CALIFORNIA SUPERIOR COURT, COUNTY OF SAN MATEO Deposition testimony on (i) causes of the failure of a project to renovate and lease an office building, (ii) the value of a lender's workout concessions, and (iii) the magnitude of losses suffered by the project's developers . (February 1990 )

J.W. Mitchell Company v . Boral Industries , CALIFORNIA SUPERIOR COURT, ORANGE COUNT Y Deposition and trial testimony on damages arising from breach of a contract for the purchase and sale of a rock quarry. (January 1990; February 1990)

•1 iD ' croup Li6ga m C-suiting • F.conormcs • Anaa is • M. Veli ath, Page 5 -.I-.estilficmy And xp- (-f {'. f+.? Jor ; C ont . j

Los Rios Community College District v . County of Sacramento, CALIFORNIA SUPERIOR COURT, SACRAMENTO COUNTY Testimony, in deposition and at a mini-trial, on sampling procedures and accounting issues arising from the County's management of a pooled investment fund and on proper allocation of interest earned by the fund among pool participants. (June 1989 ; February 1990 )

Boeing Construction (Boecon) v. Catalytic, U.S. DISTRICT COURT, SAN FRANCISCO Deposition testimony on statistical issues in the analysis of data on productivity of workers during construction of a power plant, in response to a contractor's claim for damages caused by disruption and forced acceleration . (February 1989)

Huston Enterprises v . Tri-C Machine Shop, CALIFORNIA SUPERIOR COURT, SACRAMENT O Deposition testimony on profits lost by a manufacturer of tire-shredding equipment when a machine shop failed to complete design and fabrication of a prototype tire-shredder. (August and September 1987 )

Kirk Corporation v . First American Title Insurance Company , CALIFORNIA SUPERIOR COURT, EL DORADO COUNTY Deposition testimony on the effects of repeated refinancings and related fees and costs on the financial viability of a condominium/time-share project at a Lake Tahoe ski resort . (August 1987)

King Industries v. Central Bank, CALIFORNIA SUPERIOR COURT, BUTTE COUNTY Deposition testimony on the accounting practices and financial condition of a cons truction-and-mining- equipment salvage company and on the causes of the firm's bankruptcy . (May 1987)

ADDITIONAL LITIGATION ENGAGEMENT S

ANTITRUST

For class certification purposes, investigated methods of calculating antitrust and other damages arising from the alleged monopolization of the market for inside wire maintenance services .

Constructed and analyzed a database of sales, rental and service transactions for high-volume copiers and printers to identify effects and consequences of alleged anti-competitive behavior on the profitability of independent service organization s

BANKIN G

In support of a leading academic expert on banking, managed investigations of economic and financial issues arising in several "Winstar" banking cases . Responded to three expert reports asserting that changes in regulatory treatment of goodwill caused significant harm to the plaintiff financial institutions .

Retained by attorneys for directors and officers of a large commercial bank to respond to claims of mismanagement and imprudent lending, alleged to have caused more than $200 million in losses . Reviewed all aspects of the bank's relationship with its largest borrower, including financial strength of th e borrower, collateral for loans, review and approval of loan applications, appraisal policies and procedures, and restructuring of loans .

Retained by attorneys for directors and officers of a large commercial bank to respond to claims of mismanagement and imprudent lending, alleged to have caused $325 million in losses . Analyzed fourteen major lending relationships and certain transactions between the bank and its parent holding company, including sale of a trust business, allegedly excessive dividend payments, and allegedly excessive charges for data processing services .

1% EJ11\0"' Group Licymcon Crn:uldng • Economics • '1u ;y s • Supp~rt M . Vellrath, Page 6 ;Addition i ::i . .~iga .cx, s iaigemerit s

Investigated the adequacy of the "due diligence" undertaken by two financial institutions and an electrical contractor prior to their separate decisions to invest in a telecommunications supply and installation company.

Conducted more than thirty investigations of claims for damages arising in lender liability lawsuits against commercial banks and savings and loans .

BANKRUPTCY/ FRAUDULENT CONVEYANC E

Retained by attorneys for the owners of two bankrupt companies accused of stripping assets from the companies just prior to their collapse. Investigated the companies' strategies, performance, and outlook at various critical points, and analyzed the nature and timing of shifts in conditions in the recreational boating industry during the years preceding the failure of the two companies .

Led a team including four academic economists retained by a federal financial regulatory agency to investigate all aspects of the failure of a large commercial bank and to respond to charges by holding company bondholders that regulatory agencies arranged the fraudulent conveyance of holding company assets to the bank.

INTELLECTUAL PROPERT Y

Estimated reasonable royalties and lost profits damages arising from alleged infringement of patents disclosing technology used in heart valves and rings.

Estimated reasonable royalties and lost profits damages arising from alleged infringement of patents covering technology used in non-volatile memory devices .

Estimated reasonable royalties arising from alleged infringement of a patent disclosing technology used in flat panel displays for control of office equipment .

Constructed and analyzed a database of documents and records pertaining to licensing and usage of mainframe software products by a large data processing and outsourcing firm . Responded to claims that the data processing firm perpetrated a massive scheme to misappropriate software . Also calculated damages arising from alleged anti-competitive behavior by the software company .

Responded to a claim for damages (including both lost profits and reasonable royalties) arising from alleged infringement of a patent disclosing a medical device used in non-invasive surgery .

Responded to a claim for reasonable royalty damages arising from alleged infringement of a patent protecting algorithms for encryption of sensitive data .

Investigated damages arising from theft of trade secrets by the former national sales director of a manufacturer and distributor of high-end leather garments .

MARKETING AND DISTRIBUTIO N

In support of a leading academic expert on telecommunications, investigated measures of the value of a wireless reseller's subscribers .

Working with a leading academic expert on marketing, managed an investigation of the effects of reconfiguration of store layouts on retail sales .

Constructed and analyzed a database of order-and-delivery records to determine whether a distributor of computer-related and electronic products met response time requirements in a distribution agreement . iERSGroup Litig on Consuiting • Econania • Amly • S,,ppu : x M. Vellrath, Page 7 L-\lditl!I :".ri ! 1!CE~'I'-sC•I"i t-'}(fi!(~c sCSEiIi. S ~~~~i;i t . :

Responded to a vendor's claim for damages arising from a retailer's termination of a supply contract due to poor product quality and high return rates .

Working with a leading academic expert on distribution systems, managed an investigation of a distributor's compliance with certain contractual obligations to fill orders and deliver computer-related goods within specified time limits .

REAL ESTATE AND CONSTRUCTION

Retained by attorneys for a general contractor's bonding company to respond to a developer's claim of lost profits caused by delays, disruption, added costs and stigma allegedly caused by the general contractor's errors, mismanagement, walk-off and eventual bankruptcy .

Working with a team of accountants and engineers, provided economic analysis related to calculation of additional overhead costs, escalation costs and financing costs attributable to alleged errors in design of a containment vessel for two nuclear power plants.

Investigated the evolution of environmental regulations in California from 1970 to the present to quantify the impact of changes in enforcement of these regulations on the value of contaminated light-industrial property in Southern California .

Investigated accounting and valuation issues in a dispute between the country's largest real estate development company and one of its senior partners, with ownership interests in more than 2,000 real estate project partnerships nationwide . Also analyzed the structure and effects of a $426 million refinancing of 161 commercial properties located throughout the Southwestern U .S.

SELECTED CONSULTING ENGAGEMENTS (NON-LITIGATION )

Led a team of consultants providing assistance on a broad range of operational and strategic issues to a rapidly growing design and construction firm . Assignments included restructuring operations to support future growth, revamping reporting and management support systems, implementing a planning and budgeting process, and preparing business plans for several new ventures .

Led a team of consultants preparing product-development strategies for a low-cost internet-access device. Conducted market research to assess consumers' willingness-to-pay for the device and for information services accessible via the device, and prepared projections of cash flows for the project under various scenarios.

Valued a lessor's interests in a portfolio of long-term ground leases to assist owners of condominiums in negotiating a buy-out of the leases.

Investigated the impact of clean-fuel regulations on the costs and competitive position of a mid-size oil refiner. Testified at hearings held by a state regulatory agency .

Analyzed conditions in Canadian financial markets and prepared a rate-of-return study for a Canadian natural-gas-pipeline company to assist the company in establishing tariffs for transportation services .

Multiple engagements related to financial management of a fou rteen-year project to develop a disposal site for low-level radioactive waste in California . Designed and implemented a system for monitoring costs of engineering and environmental studies and public -relations efforts to comply with state regulations . Recommended pricing strategies to provide a reasonable return on investment for the developer/operator of the facility. Prepared a report on the prudence and reasonableness of certain costs incurred to select a site and develop the facility. ERS Group JLgaUOn CC ..s,E tin, • Economics • AoatrJ, • Sup! ort M. Vellrath, Page 8 Addition ;:,! Litkia` ort L _ c rns :i;s i{ ont .

Conducted surveys of users of personal computers and analyzed other data sources to quantify the benefits flowing from the company's $70 million investment in personal computers . Identified constraints limiting benefits of PC-use and recommended ways to increase returns on existing and future investments in personal computers .

Led a team of consultants helping to plan the introduction of a family of innovative LAN bridger/routers for data communications networking . Developed a financial model to generate cash flow projections for the products under alternative scenarios .

Reviewed operations, procedures and program requirements to improve management of this agency's Health Facility Mo rtgage Insurance Program and assess the solvency of the agency 's Health Facility Construction Loan Insurance Fund .

Prepared an economic analysis and financial projections for a large geothermal energy plant to assess the ability of the project's sponsor to repay partial funding of the project by the State of California .

Managed feasibility studies of 40 energy-development projects and assessments of the creditworthiness, financial strength and management capabilities of the projects' sponsors . Technologies used by the projects included compressed air energy storage; methanol-fueled cogeneration-turbines ; low-head hydroelectric power generation ; and solar electric/thermal hybrid power-and-hot-water-heating systems .

Prepared a business plan for development and marketing of a computer system to provide fast and efficient access to comprehensive, up-to-date information needed by mechanics repairing automobiles . Assisted in negotiations with venture capital firms to secure $4 .5 million in financing for product development and test marketing .

Prepared economic evaluations and feasibility studies of municipal energy projects, including both large- scale and modular waste-to-energy facilities.

' ERSGroup I .i;q+au:.n Comlung • Econc,nkc • i.n:. ;5 • Sirorx! ; M . Vellrath, Page 9 of 17 EXHIBIT 2

Holdings of Wells Fargo Plaintiff Siemers Family by Fun d

Amount Invested Daily Averages During Class Fund Name Ticker Dollar Valu e Hartford MUT CAP APPR A ITHAX $ 18,92 8 Eaton Vance Tax-Mgd Growth 1 .2 A EXTGX $ 18,27 9 Eaton Vance TR Tax Managed Value FD CL A EATVX $ 17,76 7 Hartford Advisers FD CL A ITTAX $ 12,36 0 Hartford Mutual Fund Stock Fund Class A IHSTX $ 11,71 5 Eaton Vance SPL INVT TR Emerging MKTS FD CL A ETEMX $ 11,48 6 Hartford High Yield FD CL A HAHAX $ 8,237 Eaton Vance TR Tax Managed Mid Cap Core FD CL A EXMCX $ 7,893 Eaton Vance Growth EV Info Age FD CL A ETIAX $ 6,299 Eaton Vance Growth TR World Wide HLTH Sciences FD CL A ETHSX $ 6,155 Wells Fargo Diversified Equity FD NVDAX $ 5,91 4 Eaton Vance Tax-Mgd Intl Equity A ETIGX $ 5,735 Hartford Fo rtis Small Cap Fund A HSLAX $ 5,126 Fidelity Devonshire TR Mid-Cap STK FMCSX $ 4,841 Hartford Global Leaders FD CL A HALAX $ 4,455 Hartford Total Return Fund A ITBAX $ 4,335 Wells Fargo FDS TR Montgome ry Emerging MKTS Focus FD CL A MFFAX $ 2,540 Wells Fargo Advantage Small Cap Growth Fund CL A MNSCX $ 2,472 Fidelity ADV Ser VII Telelcommns & Utilities Growth FD CL A FUGAX $ 148 Fidelity ADV SER VII Technology FD CL A FADTX $ 143 Fidelity Advisor VII Overseas FD CL A FAOAX $ 141 Fidelity Advisor SRIII Equity Income FD CL A FEIAX $ 137 Eaton Vance TR Tax Managed Small Cap Value FD CL A ESVAX $ 131 Fidelity Advisor SR I EQTY Port GRWTH Class A EPGAX $ 119 Total Amounts, All Funds $ 155,355

Note : I reserve the right to revise and supplement this information provided herein. EXHIBIT B

November 11, 2005 Friday 10:14 PM GMT

LENGTH: 1086 words

HEADLINE: Milberg Weiss Announces the Filing of a Class Action Suit Against Wells Fargo & Company and Cer- tain of Its Affiliates on Behalf of Purchasers of Certain Funds

DATELINE: NEW YORK Nov. 11

BODY: NEW YORK, Nov. 11 /PRNewswire/ -- The law firm of Milberg Weiss Bershad & Schulman LLP ("Milberg Weiss") announces that a class action lawsuit was filed on November 4, 2005 against Wells Fargo & Company (NYSE:WFC), and certain of its affiliates, on behalf of all persons who purchased from Wells Fargo Investments, LLC ("Wells Fargo Investments") or H.D. Vest Investment Services, LLC ("H.D. Vest") one or more of the Wells Fargo proprietary funds ("Wells Fargo Funds," as defined below) or non-proprietary funds participating in the Revenue Sharing Program (the "Wells Fargo Preferred Funds" and "H.D. Vest Preferred Funds," as defined below), from June 30, 2000 through June 8, 2005, inclusive (the "Class Period"), seeking to pursue remedies under the Securities Act of 1993 (the "Securities Act"), the Securities Exchange Act of 1934 (the "Exchange Act"), the Investment Company Act of 1940 (the "Investment Company Act"), and state law. If you purchased any of the Wells Fargo Funds, or Wells Fargo or H.D. Vest Preferred Funds, through a Wells Fargo Investments or H.D. Vest broker between June 30, 2000 and June 8, 2005, inclusive, and sustained damages, you may, no later than January 10, 2006, request that the Court appoint you as lead plaintiff. A lead plaintiff is a representative party that acts on behalf of other class members in directing the litigation. In order to be appointed lead plaintiff, the Court must determine that the class member's claim is typical of the claims of other class members, and that the class member will adequately represent the class. Under certain circumstances, one or more class members may together serve as "lead plaintiff." Your ability to share in any recovery is not, however, affected by the decision whether or not to serve as a lead plaintiff. You may re- tain Milberg Weiss or other counsel of your choice to serve as your counsel in this action. The action is pending in the United States District Court for the Northern District of California against defendant Wells Fargo and its affiliated entities. A copy of the complaint filed in this action is retrievable from the Court using the case number C-05-4518WHA, or can be viewed on Milberg Weiss's website at: http://www.milbergweiss.com/ . The "Wells Fargo Preferred Funds" includes mutual funds in the following mutual fund families: Franklin Templeton Investments, Putnam Investments, MFS Investment Management, Fidelity Investments, Evergreen Invest- ments, Alliance Bernstein Investment Research and Management, Van Kampen Investments, AIM Distributors, Inc., Oppenheimer Funds, Inc., Eaton Vance Managed Investments, ING Funds Distributors, LLC, Allianz Global Investors Distributors , LLC, Federated, The Hartford Mutual Funds, Dreyfus Service Corporation, Delaware Investments, Pio- neer Investment Management, Inc., Scudder Investments, and Wells Fargo Mutual Funds. The "H.D. Vest Preferred Funds" includes mutual funds in the following families: Oppenheimer Funds, Putnam In- vestments, Scudder Investments, MFS Investment Management, Van Kampen Investments, Lincoln Financial Distribu- tors, AIM Investments, Phoenix Investment Partners, John Hancock Funds, Wells Fargo Funds, American Funds, and Franklin Templeton Investments. The complaint alleges that during the Class Period, defendants served as financial advisors who purportedly provided unbiased and honest investment advice to their clients. Unbeknownst to investors, defendants, in clear contraven- tion of their disclosure obligations and fiduciary responsibilities, failed to properly disclose that they had engaged in a Page 2 Milberg Weiss Announces the Filing of a Class Action Suit Against Wells

scheme to aggressively push Wells Fargo Investments and H.D. Vest sales personnel to steer clients into purchasing certain Wells Fargo Funds and Wells Fargo and H.D. Vest Preferred Funds (collectively, "Shelf Space Funds") that provided financial incentives and rewards to Wells Fargo and H.D. Vest and their personnel based on sales. The complaint alleges that defendants' undisclosed sales practices created an insurmountable conflict of interest by providing substantial monetary incentives to sell Shelf-Space Funds to their clients, even though such investments were not in the clients' best interest. Wells Fargo Investments and H.D. Vest's failure to disclose the incentives constituted violations of federal securities laws. The action also includes a subclass of persons who held any shares of Wells Fargo Mutual Funds. The complaint additionally alleges that the investment advisor subsidiary of Wells Fargo, Wells Fargo Funds Management, created further undisclosed material conflicts of interest by entering into revenue sharing agreements with brokers at Wells Fargo Investments and H.D. Vest to push investors into Wells Fargo Funds, regardless of whether such investments were in the investors' best interests. The investment advisors financed these arrangements by illegally charging excessive and improper fees to the fund that should have been invested in the underlying portfolio. In doing so they breached their fiduciary duties to investors under the Investment Company Act and state law and decreased shareholders' investment returns. The action includes a second subclass of persons who purchased a Wells Fargo Financial Plan that held Wells Fargo Funds. The Wells Fargo Financial Plans include, but are not limited to Full Service Brokerage Accounts, Wells Asset Management accounts, WellsChoice account, and WellsSelect account. Milberg Weiss ( http://www.milbergweiss.com/ ) is a law firm with over 100 lawyers with offices in New York City, Los Angeles, Boca Raton, Delaware, and Washington, D.C. and is active in major litigations pending in federal and state courts throughout the United States. Milberg Weiss has taken a leading role in many important actions on behalf of defrauded investors, consumers, and others for nearly 40 years. Please contact the Milberg Weiss website for more information about the firm. If you wish to discuss this action with us, or have any questions concerning this notice or your rights and interests with regard to the case, please contact the following attorneys: Steven G. Schulman One Pennsylvania Plaza, 49th fl. New York, NY, 10119-0165 Phone number: (800) 320-5081 Email: [email protected]

Website: http://www.milbergweiss.com/

CONTACT: Steven G. Schulman, of Milberg Weiss Bershad & Schulman LLP, 1-800-320-5081, [email protected] Web site: http://www.milbergweiss.com/ SOURCE Milberg Weiss Bershad & Schulman LLP

URL: http://www.prnewswire.com

LOAD-DATE: November 12, 2005

EXHIBIT C CERTIFLQMN OF PROPOSED DEAD PI AX"n F

F; tvvr"5. certify iitat: 1. I have reviewed the complaint and I authorize Milberg Weiss Bershad & Schulman Ll P to act on my behalf in this matter In applying for Lead Plaintiff status and for all other purposes . 2. 1 did not acquire unis of the mutual funds that are the subject of this action at the direction .of plaintiffs counsel or In order to participate In this private action or any other litigation under the federal securities laws. 3. I am willing to serve as a Lead Plaint ff either individually or as part of a group. A Lend Plaintiff Is a representative party who acts on behalf of other class members In directing the action, and whose dut'as may include providing testimony at deposition and trial, if necessary . 4. 1 represent and warrant that I am authorized to execute this Certification on behalf of the purchasers of units of the mutual funds described in the complaint (including, as the case may be, myself, any co-owners, any corporations or other entities, and/or any benefdal owners) . 5. I wilt not accept any payments for serving as a representative party on behalf of the class beyond the purchaser's pro rata share of any recovery, except such reasonable costs and expenses (Including lost wages) directly relating t o the representation of the class as ordered or approved by the court is 6. I understand that this is not a claim form, and that my ability to share in any recovery as a member of the class i s unaffected by my decision to serve as a representative patty or Lead Plaintiff . The number of units of the mutual funds that are the subject of this action I held. 7 immediately BEFORE the first day of the Class Period, June 30, 2000 (if any) was as follows : BL-EXeLm ~- 914 rd a ._,,.. 1qIfVX-'( 2.i

List additional transactions on separate shcct, if necessa ry)

S. My transactions in the mutual funds that are the subject of this action DURING the Class Period (June 30, 2000 to Tune 8, 20O) areas fellows:

Fs~~h10 kcr A T No. a(Siin fttL At )'rice ftCnoe gnl,d ]~ en

t-• um-LL MuiuonaI iransacnons on separace sneeT, it necessary) Thcsq securities were acquired or held In (check all that apply) : )General (non-retirement account) O Merger/acquisition/distribu tion CI Gilt ,* IRA 0 Employer-sponsored plan (101k, 403b, etc.)

9. During the three years prior to the date of this Certification, I have not sought to scrve and I have not served as a representative patty for a class in an action filed under the federal securities laws except as described below Of any) : n o iii-C..

I declare under penalty of pequry, under the laws of the United States, that the information entered is accurate.

Eecuted this ?2- Ct ± day of N bd eK3 iZ 200 S

ONAL --t7 F=i S 1 Gyyti 9_ r Name (print) Signature / . Jil`? k~er S ~_\J E? cl o1vle~~~ ` ` f U ~.W" Schedule A Ron & Jeannette Siemers Transaction(s) in Wells Fargo MUTUAL FUNDS

Ticker Purchase(s) : Date Shares Price MNSCX Wells Fargo Advantage Small Cap Growth Fund CL A 02/20/04 217.028 11 .9800 MNSCX Wells Fargo Advantage Small Cap Growth Fund CL A 02/20/04 620 .018 11 .2900 MNSCX Wells Fargo Advantage Small Cap Growth Fund CL A 12/15/04 13.384 11 .5900 MFFAX Wells Fargo FDS TR Montgomery Emerging MKTS Focus FD CL A 02/23/04 451 .264 22.1600 NVDAX Wells Fargo Diversified Equity FD 07/14/00 3.440 58.1300 NVDAX Wells Fargo Diversified Equity FD 08/15/00 3.495 57.2200 NVDAX Wells Fargo Diversified Equity FD 09/15/00 3.516 56.8800 NVDAX Wells Fargo Diversified Equity FD 10/13/00 3.738 53.5000 NVDAX Wells Fargo Diversified Equity FD 11/15/00 3.634 55.0300 NVDAX Wells Fargo Diversified Equity FD 12/12/00 6.776 47.1200 NVDAX Wells Fargo Diversified Equity FD 12/12/00 15.968 47.120 0 NVDAX Wells Fargo Diversified Equity FD 12/12/00 6.279 47.120 0 NVDAX Wells Fargo Diversified Equity FD 12/12/00 9.689 47.120 0 NVDAX Wells Fargo Diversified Equity FD 12/15/00 4.154 48.150 0 NVDAX Wells Fargo Diversified Equity FD 12/22/00 0.978 45.360 0 NVDAX Wells Fargo Diversified Equity FD 12/22/00 0.016 44.070 0 NVDAX Wells Fargo Diversified Equity FD 12/28/00 0.978 46.740 0 NVDAX Wells Fargo Diversified Equity FD 01/16/01 4.095 48.840 0 NVDAX Wells Fargo Diversified Equity FD 02/15/01 4.097 48.8200 NVDAX Wells Fargo Diversified Equity FD 03/15/01 4.599 43.4900 NVDAX Wells Fargo Diversified Equity FD 04/16/01 4.592 43.5500 NVDAX Wells Fargo Diversified Equity FD 05/15/01 4.322 46.2700 NVDAX Wells Fargo Diversified Equity FD 06/15/01 4.458 44.8600 NVDAX Wells Fargo Diversified Equity FD 07/16/01 4.516 44.290 0 NVDAX Wells Fargo Diversified Equity FD 08/15/01 4.583 43.640 0 NVDAX Wells Fargo Diversified Equity FD 09/17/01 5.198 38.480 0 NVDAX Wells Fargo Diversified Equity FD 10/15/01 4.937 40.510 0 NVDAX Wells Fargo Diversified Equity FD 11/15/01 4.733 42.260 0 NVDAX Wells Fargo Diversified Equity FD 12/ 11/01 3.265 40.380 0 NVDAX Wells Fargo Diversified Equity FD 12/17/01 4.753 42.080 0 NVDAX Wells Fargo Diversified Equity FD 12/24/01 1 .174 39.490 0 NVDAX Wells Fargo Diversified Equity FD 01/15/02 4.748 42.1200 NVDAX Wells Fargo Diversified Equity FD 02/15/02 4.872 41 .0500 NVDAX Wells Fargo Diversified Equity FD 03/15/02 4.636 43.1400 NVDAX Wells Fargo Diversified Equity FD 04/15/02 4.792 41 .7400 NVDAX Wells Fargo Diversified Equity FD 05/15/02 4.797 41.6900 NVDAX Wells Fargo Diversified Equity FD 06/17/02 5.079 39.3800 NVDAX Wells Fargo Diversified Equity FD 07/15/02 5.716 34.990 0 NVDAX Wells Fargo Diversified Equity FD 08/15/02 5.700 35.090 0 NVDAX Wells Fargo Diversified Equity FD 09/16/02 5.963 33.540 0 NVDAX Wells Fargo Diversified Equity FD 10/15/02 6.099 32.790 0 NVDAX Wells Fargo Diversified Equity FD 11/15/02 5.863 34.110 0 NVDAX Wells Fargo Diversified Equity FD 12/16/02 5.877 34.030 0 NVDAX Wells Fargo Diversified Equity FD 12/24/02 1.296 31 .370 0 NVDAX Wells Fargo Diversified Equity FD 01/15/03 5.860 34.130 0 NVDAX Wells Fargo Diversified Equity FD 02/18/03 6.337 31 .560 0 NVDAX Wells Fargo Diversified Equity FD 03/17/03 6.307 31 .7100 NVDAX Wells Fargo Diversified Equity FD 04/15/03 6.077 32.910 0 NVDAX Wells Fargo Diversified Equity FD 05/15/03 5.705 35.0600 NVDAX Wells Fargo Diversified Equity FD 12/24/03 2.538 38.9900 NVDAX Wells Fargo Diversified Equity FD 12/24/03 0.204 38.9900 ETHSX Eaton Vance Growth TR World Wide HLTH Sciences FD CL A 12/ 06/01 608.776 10.3900 ETHSX Eaton Vance Growth TR World Wide HLTH Sciences FD CL A 12/17/01 18.692 10.7000 ETHSX Eaton Vance Growth TR World Wide HLTH Sciences FD CL A 01/15/02 19.139 10.4500 ETHSX Eaton Vance Growth TR World Wide HLTH Sciences FD CL A 02/15/02 20 . 020 9.990 0 ETHSX Eaton Vance Growth TR World Wide HLTH Sciences FD CL A 03/15/02 19.474 10.2700 ETHSX Eaton Vance Growth TR World Wide HLTH Sciences FD CL A 04/15/ 02 20.661 9.680 0 ETHSX Eaton Vance Growth TR World Wide HLTH Sciences FD CL A 05/ 15/02 21 .413 9.340 0 ETHSX Eaton Vance Growth TR World Wide HLTH Sciences FD CL A 06/17/02 23.175 8.630 0 ETHSX Eaton Vance Growth TR World Wide HLTH Sciences FD CL A 07/15/02 26.247 7.620 0 ETHSX Eaton Vance Growth TR World Wide HLTH Sciences FD CL A 08/15/02 23.641 8.4600 ETHSX Eaton Vance Growth TR World Wide HLTH Sciences FD CL A 09/16/02 25.940 7.7100 ETHSX Eaton Vance Growth TR World Wide HLTH Sciences FD CL A 10/15/02 25.381 7.8800 ETHSX Eaton Vance Growth TR World Wide HLTH Sciences FD CL A 11/15/02 24.184 8.2700 ETHSX Eaton Vance Growth TR World Wide HLTH Sciences FD CL A 12/16/02 24.600 8.1300 ETHSX Eaton Vance Growth TR World Wide HLTH Sciences FD CL A 01/15/03 23.895 8.3700 ETHSX Eaton Vance Growth TR World Wide HLTH Sciences FD CL A 02/ 18/03 25.773 7.7600 ETHSX Eaton Vance Growth TR World Wide HLTH Sciences FD CL A 03/17/03 25.413 7.870 0 ETHSX Eaton Vance Growth TR World Wide HLTH Sciences FD CL A 04/15/03 24.752 8.080 0 ETHSX Eaton Vance Growth TR Wo rld Wide HLTH Sciences FD CL A 05/15/03 22.099 9.050 0 EXMCX Eaton Vance TR Tax Managed Mid Cap Core FD CL A 05/21/03 915.126 9.030 0 EXMCX Eaton Vance TR Tax Managed Mid Cap Core FD CL A 05/21/03 804.925 9.030 0 ESVAX Eaton Vance TR Tax Managed Small Cap Value FD CL A 03/15/05 100.267 14.960 0 ESVAX Eaton Vance TR Tax Managed Small Cap Value FD CL A 04/15/05 107.836 13.910 0 ESVAX Eaton Vance TR Tax Managed Small Cap Value FD CL A 05/16/05 107.604 13.940 0 EATVX Eaton Vance TR Tax Managed Value FD CL A 12/06/01 836 .001 12.610 0 EATVX Eaton Vance TR Tax Managed Value FD CL A 12/17/01 19.275 12.970 0 EATVX Eaton Vance TR Tax Managed Value FD CL A 01/15/02 19.040 13.130 0 EATVX Eaton Vance TR Tax Managed Value FD CL A 02/15/02 19.099 13.090 0 EATVX Eaton Vance TR Tax Managed Value FD CL A 03/15/02 18.116 13.800 0 EATVX Eaton Vance TR Tax Managed Value FD CL A 04/ 15/02 18.615 13.4300 EATVX Eaton Vance TR Tax Managed Value FD CL A 05/15/02 18.464 13.5400 EATVX Eaton Vance TR Tax Managed Value FD CL A 06/17/02 19.231 13.0000 EATVX Eaton Vance TR Tax Managed Value FD CL A 07/15/02 21 .533 11 .6100 EATVX Eaton Vance TR Tax Managed Value FD CL A 08/ 15/02 21 .186 11 .8000 EATVX Eaton Vance TR Tax Managed Value FD CL A 09/16/02 21 .930 11 .400 0 EATVX Eaton Vance TR Tax Managed Value FD CL A 10/15/02 22.242 11 .240 0 EATVX Eaton Vance TR Tax Managed Value FD CL A 11/15/02 21 .815 11 .460 0 EATVX Eaton Vance TR Tax Managed Value FD CL A 12/16/02 21 .683 11 .530 0 EATVX Eaton Vance TR Tax Managed Value FD CL A 12/30/02 0.468 10.620 0 EATVX Eaton Vance TR Tax Managed Value FD CL A 01/15/03 21 .608 11 .570 0 EATVX Eaton Vance TR Tax Managed Value FD CL A 02/18/03 23.170 10.790 0 EATVX Eaton Vance TR Tax Managed Value FD CL A 03/17/03 23.256 10.570 0 EATVX Eaton Vance TR Tax Managed Value FD CL A 04/15/03 22.341 11 .190 0 EATVX Eaton Vance TR Tax Managed Value FD CL A 05/15/03 21.349 11 .7100 EATVX Eaton Vance TR Tax Managed Value FD CL A 05/21/03 656 .743 11 .4200 EATVX Eaton Vance TR Tax Managed Value FD CL A 06/16/03 60.144 12.4700 EATVX Eaton Vance TR Tax Managed Value FD CL A 07/15/03 61 .627 12.1700 EATVX Eaton Vance TR Tax Managed Value FD CL A 08/ 15/03 61 .325 12.2300 EATVX Eaton Vance TR Tax Managed Value FD CL A 09/15/03 60.582 12.3800 EATVX Eaton Vance TR Tax Managed Value FD CL A 10/15/03 58.548 12.810 0 EATVX Eaton Vance TR Tax Managed Value FD CL A 11/17/03 57.826 12.970 0 EATVX Eaton Vance TR Tax Managed Value FD CL A 12/15/03 56.391 13.300 0 EATVX Eaton Vance TR Tax Managed Value FD CL A 12/29/03 20.456 12.950 0 EATVX Eaton Vance TR Tax Managed Value FD CL A 01/15/ 04 54.506 13.760 0 EATVX Eaton Vance TR Tax Managed Value FD CL A 02/17/04 52.891 14.180 0 EATVX Eaton Vance TR Tax Managed Value FD CL A 03/15/04 54.387 13.790 0 EATVX Eaton Vance TR Tax Managed Value FD CL A 04/15/04 54.230 13.830 0 EATVX Eaton Vance TR Tax Managed Value FD CL A 05/17/04 56.306 13.320 0 EATVX Eaton Vance TR Tax Managed Value FD CL A 06/15/04 54.269 13.8200 EATVX Eaton Vance TR Tax Managed Value FD CL A 07/15/04 54.387 13.7900 EATVX Eaton Vance TR Tax Managed Value FD CL A 08/16/04 54.865 13.6700 EATVX Eaton Vance TR Tax Managed Value FD CL A 09/15/04 52.817 14.2000 EATVX Eaton Vance TR Tax Managed Value FD CL A 10/15/04 52.411 14.3100 EATVX Eaton Vance TR Tax Managed Value FD CL A 11/15/04 49.375 15.1900 EATVX Eaton Vance TR Tax Managed Value FD CL A 12/15/04 48.232 15.5500 EATVX Eaton Vance TR Tax Managed Value FD CL A 12/28/04 27.041 14.8000 EATVX Eaton Vance TR Tax Managed Value FD CL A 01/ 18/05 48.701 15.4000 EATVX Eaton Vance TR Tax Managed Value FD CL A 02/15/05 47.710 15.7200 EXTGX Eaton Vance Tax- Mgd Growth 1 .2 A 12/15/04 71 .023 10.5600 EXTGX Eaton Vance Tax-Mgd Growth 1 .2 A 12/28/04 22.154 10.080 0 EXTGX Eaton Vance Tax-Mgd Growth 1 .2 A 01/18/05 72.324 10.370 0 EXTGX Eaton Vance Tax- Mgd Growth 1 .2 A 02/15/05 71 .090 10.550 0 EXTGX Eaton Vance Tax- Mgd Growth 1 .2 A 12/06/01 1,326.035 9.5400 EXTGX Eaton Vance Tax- Mgd Growth 1 .2 A 12/ 17/01 25.562 9.7800 EXTGX Eaton Vance 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15.770 0 FMCSX Fidelity Devonshire TR Mid-Cap STK 03/17/03 12.523 15.970 0 FMCSX Fidelity Devonshire TR Mid-Cap STK 04/15/03 12.346 16.200 0 FMCSX Fidelity Devonshire TR Mid-Cap STK 05/15/03 11 .364 17.600 0 FMCSX Fidelity Devonshire TR Mid-Cap STK 06/09/03 2.016 18.5500 FMCSX Fidelity Devonshire TR Mid-Cap STK 12/08/03 2.222 21 .0800 FMCSX Fidelity Devonshire TR Mid-Cap STK 06/07/04 0.874 21 .5000 FMCSX Fidelity Devonshire TR Mid-Cap STK 12/06/04 2.048 22.9500 ITHAX Hartford MUT CAP APPR A 11/07/01 188.356 26.2800 ITHAX Hartford MUT CAP APPR A 12/18/01 109.210 27.4700 ITHAX Hartford MUT CAP APPR A 01/18/02 111.607 26.8800 ITHAX Hartford MUT CAP APPR A 02/20/02 117.555 25.5200 ITHAX Hartford MUT CAP APPR A 03/18/02 108.814 27.5700 ITHAX Hartford MUT CAP APPR A 04/18/02 111.193 26.9800 ITHAX Hartford MUT CAP APPR A 02/20/04 662.100 30.1700 ITBAX Hartford Total Return Fund A 02/28/03 859.107 11 .6400 HSLAX Hartford Fortis Small Cap Fund A 02/20/04 31 .699 26.3100 HSLAX Hartford Fortis 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Ticker Sales(s) : Date Shares Pric e NVDAX Wells Fargo Diversified Equity FD 02/24/04 244 .379 40.920 0 NVDAX Wells Fargo Diversified Equity FD 04/07/04 2.538 41 .210 0 NVDAX Wells Fargo Diversified Equity FD 02/23/04 171 .065 40.920 0 IHSTX Hartford Mutual Fund Stock Fund Class A 02/20/04 1,068.293 17.540 0 ITTAX Hartford Advisers FD CL A 02/20/04 1,328.163 15.040 0 ETIGX Eaton Vance Tax-Mgd Intl Equity A 05/21/03 1,367.687 5.320 0 ETIAX Eaton Vance Growth EV Info Age FD CL A 05/21/03 739 .161 11 .190 0 EPGAX Fidelity Advisor SR I EQTY Port GRWTH Class A 12/05/01 238 .893 49.950 0 FADTX Fidelity ADV SER VII Technology FD CL A 12/05/01 382 .751 17.520 0 FUGAX Fidelity ADV Ser VII Telelcommns & Utilities Growth FD CL A 12/05/01 493 .018 13.020 0 FEIAX Fidelity Advisor SRIII Equity Income FD CL A 12/05/01 70.578 24.370 0 FAOAX Fidelity Advisor VII Overseas FD CL A 12/05/01 583 .823 14.100 0 FAGAX Fidelity Advisor SR 11 Growth Opptys Port CL A 12/05/01 245 .167 29.1700 EXHIBIT D Milberg Weiss Bershad & Schulman LLP

THE FIRM’S PRACTICE, ACHIEVEMENTS AND ATTORNEY BIOGRAPHIES

Milberg Weiss Bershad & Schulman LLP is the most respected and effective plaintiff law firm in the United States. Founded in 1965, the Firm now has more than 120 lawyers, with principal offices in New York City and additional offices in Boca Raton, Florida; Wilmington, Delaware; Washington, D.C.; and Los Angeles, California. The Firm’s practice focuses on the prosecution of class and complex actions in many fields of commercial litigation, emphasizing securities, corporate fiduciary, consumer, insurance, healthcare, antitrust, mass tort, human rights, and related areas of litigation.

In the Firm’s early years, its founding partners, Lawrence Milberg and Melvyn I. Weiss, built a new area of legal practice in representing shareholders’ interests under the then recently amended federal procedure Rule 23, which allowed securities fraud cases, among others, to proceed as class actions. In the following decades, the Firm’s lawyers obtained decisions that established important legal precedents in many of their areas of practice, and prosecuted cases that set benchmarks in terms of case theories, organization, discovery, trial results, methods of settlement, and amounts recovered and distributed to clients and class members.

Important milestones included the Firm’s involvement in the U.S. Financial litigation in the early 1970s, one of the earliest large class actions, which resulted in the recovery of over $50 million by purchasers of the securities of a failed real estate development company; the Ninth Circuit decision in Blackie v. Barrack in 1975, which established the fraud-on-the-market doctrine for securities fraud actions; co-lead counsel position in the In re Washington Public Power Supply System (WPPSS) Securities Litigation, a seminal securities fraud action in the 1980s in terms of complexity and amounts recovered; representation of the Federal Deposit Insurance Corp. in a year-long trial to recover banking losses from a major accounting firm, leading to a precedent-setting global settlement; attacking the Drexel-Milken “daisy chain” of illicit junk-bond financing arrangements with numerous cases that resulted in substantial recoveries for investors; representing life insurance policyholders defrauded by “vanishing premium” and other improper sales tactics and obtaining large recoveries from industry participants; and ground-breaking roles in the multi-front attack on deception and other improper activities in the tobacco industry.

Milberg Weiss remains at the forefront in its areas of practice. Recently, it has obtained eve-of-trial settlements totaling $460 million in the Raytheon securities fraud litigation, representing the lead plaintiff New York State Common Retirement Fund; settled lawsuits by physician and medical association clients against CIGNA Healthcare and Aetna, which brought benefits in excess of $900 million and sweeping changes to the industry; and continued its work as a lead counsel in broad-based multi- defendant actions concerning misconduct in connection with IPOs and mutual funds.

The Firm also has a general corporate and securities practice representing privately and publicly held corporations in the areas of capital formation, mergers and acquisitions, and other commercial transactions.

The Firm is consistently active in pro bono litigation, highlighted by its leadership role in cases leading to recoveries of some $6 billion from Swiss and German banks and companies to benefit victims of the Holocaust and its recent efforts representing claimants of the September 11 Victim Compensation Fund.

The Firm’s lawyers come from many different professional backgrounds. They include former federal or state prosecutors, private defense attorneys, and government lawyers. The Firm’s ability to pursue all types of fraud is augmented by its 16- person team of investigators, headed by a former agent for the Federal Bureau of Investigation, and its four full-time forensic accountants.

In 2003, the partners of Milberg Weiss Bershad Hynes & Lerach LLP decided to separate into two groups, with Milberg Weiss Bershad & Schulman LLP serving as the continuing Firm.

Milberg Weiss has been responsible for more than $45 billion in recoveries during the life of the Firm. Examples of cases in which the Firm has taken lead roles include the WPPSS litigation, which resulted in settlements totaling $775 million; the Lincoln Savings and Loan Litigation, with total recoveries of $240 million out of $288 million in estimated total losses; the NASDAQ Market-Makers Antitrust Litigation, which resulted in a $1.027 billion settlement; and actions against major life insurers, including Prudential and MetLife, where the Firm has recovered billions of dollars on behalf of policyholders who were the victims of alleged churning and other improper practices. In the securities fraud arena, the Firm’s recent successes include Raytheon, Oxford Health Plans (settlements totaling $300 million), and Lucent Technologies ($600 million

Firm Résumé 1 settlement). In addition, the Firm currently plays major roles in the litigation arising from the two largest scandals in the financial community -- the IPO Securities Litigation, in which the Firm serves as Chair of Plaintiffs’ Executive Committee, and the Mutual Funds Litigation, in which the Firm is Co-Chair of Plaintiffs’ Counsel’s Steering Committee.

The Firm also has leadership positions in many important non-securities cases throughout the country, including its representation of physician groups in the Managed Care Litigation discussed above, and its lead counsel role in the landmark In re Walt Disney Derivative Litigation case, which has redefined the fiduciary duties of directors in public companies. For more information, please visit www.milbergweiss.com.

JUDICIAL COMMENDATIONS

In In re September 11 Victim Compensation Fund, Preliminary Hearing, Claim No. 212-003658 (Dec. 9 2003), Special Master Kenneth R. Feinberg stated the following regarding the Firm’s commitment to the public interest: Let me say one more thing on the record before we adjourn, and please convey this to Mr. Weiss and to David Bershad. Once again, as I have learned over the years here in New York, the Milberg Weiss firm steps up to the plate in the public interest time and time again. The social conscience of the Milberg Weiss firm, acting through its excellent associates and partners, help deal with crises that confront the American people and others, and I am personally in the debt of Milberg Weiss for the work that it is doing, even under the gun with the December 22 deadline looming. I am once again in Milberg Weiss’ debt for their extraordinary willingness to help out in the public interest, and I hope you’ll relay that message back to the firm... they are second among none in terms of the public interest, and I’m very, very grateful, not only to you guys for doing this, but... for the firm’s willingness to help out. I wanted to let everybody know that. Mr. Feinberg echoed this sentiment in a subsequent hearing (September 11th Victim Compensation Fund Hearing before Special Master Kenneth R. Feinberg, May 11, 2004): I also note on the record that the pro bono service of the Milberg Weiss firm is well-known to lawyers and the public throughout the nation, and I’m grateful that this is one more example of how Milberg Weiss serves the nation. I want to note on the record the extraordinary professionalism and skill of counsel in the preparation of this claim. They have exhibited the finest character of the Bar, and I thank them for a job well done. Milberg Weiss has been commended by countless judges all over the country for the quality of its representation in class action lawsuits. In In re Rite Aid Corp. Securities Litigation, 269 F. Supp. 2d 603, 611 (E.D. Pa. 2003), Judge Dalzell commented on the skill and efficiency of Milberg Weiss attorneys in litigating the complex case: At the risk of belaboring the obvious, we pause to say a specific word about… the skill and efficiency of the attorneys involved…Milberg Weiss [was] extraordinarily deft and efficient in handling this most complex matter… they were at least eighteen months ahead of the United States Department of Justice in ferreting out the conduct that ultimately resulted in the write-down of over $1.6 billion in previously reported Rite Aid earnings… In short, it would be hard to equal the skill class counsel demonstrated here. In In re Lucent Technologies, Inc. Securities Litigation, No. 00 CV-621, slip op. at 14-15, 26 (D.N.J. Feb. 24, 2004), Judge Joel A. Pisano of the United States District Court for the District of New Jersey recently issued an Opinion approving the Settlement of the Lucent Technologies Securities Litigation, in which he complimented Milberg Weiss (Co-Lead Counsel for the Plaintiff Class) saying: [T]he attorneys representing the Plaintiffs are highly experienced in securities class action litigation and have successfully prosecuted numerous class actions throughout the United States. They are more than competent to conduct this action. Co-Lead Counsel diligently and aggressively represented Plaintiffs before this Court and in the negotiations that resulted in the Settlement . . . the efforts and ingenuity of Lead Plaintiffs and Lead Counsel resulted in an extremely valuable Settlement for the Benefit of the Class. In In re IKON Office Solutions, Inc. Securities Litigation, 194 F.R.D. 166, 195 (E.D. Pa. 2000), where Milberg Weiss served as co-lead counsel, Judge Marvin Katz of the United States District Court for the Eastern District of Pennsylvania commented on the skill and professionalism of plaintiffs’ co-lead counsel: First, class counsel is of high caliber and has extensive experience in similar class action litigation… Each of the co-lead counsel firms has a national reputation for advocacy in securities class actions, and there is no doubt that this standing enhanced their ability both to prosecute the case effectively and to negotiate credibly. Similarly,

Firm Résumé 2 defense counsel has a fine reputation and has displayed great skill in defending this complex class action. Their opposition to plaintiffs has been anything but token, and many of the battles on crucial issues were hard fought. Of particular note in assessing the quality of representation is the professionalism with which all parties comported themselves. The submissions were of consistently high quality, and class counsel has been notably diligent in preparing filings in a timely manner even when under tight deadlines. This professionalism was also displayed in class counsel’s willingness to cooperate with other counsel when appropriate… This cooperation enabled the parties to focus their disputes on the issues that mattered most and to avoid pointless bickering over more minor matters. In In re NASDAQ Market-Makers Antitrust Litigation, 187 F.R.D. 465, 474 (S.D.N.Y. 1998), in an opinion dated November 9, 1998, approving settlements totaling over $1.027 billion, Judge Sweet commented: Counsel for the Plaintiffs [Milberg Weiss] are preeminent in the field of class action litigation, and the roster of counsel for Defendants includes some of the largest, most successful and well regarded law firms in the country. It is difficult to conceive of better representation than the parties in this action achieved. In In re Prudential Insurance Co. of America Sales Practices Litigation, 962 F. Supp. 572, 585-86 (D.N.J. 1997), vacated on other grounds, in approving the settlement of a nationwide class action against a life insurer for deceptive sales practices, where Milberg Weiss was co-lead counsel, Judge Wolin observed: [T]he results achieved by plaintiffs’ counsel in this case in the face of significant legal, factual and logistical obstacles and formidable opposing counsel, are nothing short of remarkable. * * * Finally, the standing and professional skill of plaintiffs’ counsel, in particular Co-Lead Counsel, is high and undoubtedly furthered their ability to negotiate a valuable settlement and argue its merits before this Court. Several members of plaintiffs’ counsel are leading attorneys in the area of class action litigation. At the Fairness Hearing, Judge Wolin stated that “there is no doubt that Class Counsel have prosecuted the interests of the class members with the utmost vigor and expertise.” In re Prudential Ins. Co. of Am. Sales Practices Litigation, 962 F. Supp. 450, 519 (D.N.J. 1997) (emphasis added). In approving a $100 million settlement in In re Prudential Securities Inc. Partnership Litigation, 912 F. Supp. 97, 101 (S.D.N.Y. 1996), in which Milberg Weiss was one of the lead counsel, Judge Pollack noted that he had “had the opportunity at first hand to observe the quality of plaintiffs’ class counsel’s representation, both here and in prior complex litigation, and is impressed with the quality of Plaintiffs’ Class Counsel.” In Roy v. The Independent Order of Foresters, Civ. No. 97-6225 (SKC) at 32 (D.N.J. Aug. 3, 1999), in his opinion on class certification, Judge Chesler noted: The firm of Milberg Weiss, which is co-lead counsel for the plaintiff, was also counsel for the plaintiff class in the Prudential case. Thus, the adequacy of the plaintiff’s representation is beyond reproach. Furthermore, the tremendous and unprecedented settlements which the Milberg firm has helped to secure for the plaintiff classes in both this case and the Prudential case are a testament to counsel’s vigorous pursuit of the class interests. In In re Buspirone Patent Litigation, MDL Docket No. 1413 at 34:2-3 (S.D.N.Y. Nov. 6, 2003) (Final Approval Hearing Transcript), Judge Koeltl commented on plaintiffs’ counsel: Let me say that the lawyers in this case have done a stupendous job. In Kruman v. Christie’s International, PLC, 00 Civ. 6322 (LAK) at 36:13-16 (S.D.N.Y. June 2, 2003) (Final Approval Hearing Transcript), Judge Kaplan commented on class counsel’s representation: I have satisfied myself in examining these papers that counsel involved in this case pursued this very difficult matter tenaciously, with skill, and got what I view to be an excellent result.

NOTEWORTHY CLIENTS

Countless individual investors, funds and institutions are represented by Milberg Weiss including: • The New York State and Local Retirement System. Milberg Weiss was selected by former New York State Comptroller H. Carl McCall and current comptroller Alex G. Hevesi to serve as one of the firms acting as special counsel for securities class action and derivative litigation. Milberg Weiss is currently representing the N.Y. State Common Retirement Fund in substantial securities fraud actions against Bayer AG, the Raytheon Corp. and Chubb.

Firm Résumé 3 • The State of New Jersey Pension Fund. Milberg Weiss was competitively selected by the Treasurer of the State of New Jersey to represent the state’s $86 billion pension fund in its securities litigation against Sears Roebuck & Co. New Jersey was appointed lead plaintiff and Milberg Weiss lead counsel, after hard-fought motion practice. • State of Ohio. In October 2003, the Firm was appointed special securities litigation counsel for the State of Ohio by the Attorney General. Currently, the Firm is representing the Ohio Tuition Trust Authority in the Putnam Mutual Fund litigation currently pending in the District of Maryland. • Commonwealth of Pennsylvania. Milberg Weiss was competitively selected as panel counsel by the Commonwealth of Pennsylvania’s State Employees’ Retirement System, a $28 billion dollar fund. • The Teachers’ Retirement System of The State of Illinois. This $22 billion dollar pension fund appointed Milberg Weiss to serve as monitoring and securities litigation counsel. • Ontario Public Service Employees Union Pension Trust Fund (“OPTrust”). Milberg Weiss is representing OPTrust as Lead Plaintiff in a securities fraud action against Nortel involving accounting fraud and other related misrepresentations. • SEIU Local 144 Nursing Home Pension Fund and Hotel Front Insurance Fund. Milberg Weiss has represented these combined funds in several securities class actions, including actions against Procter & Gamble Company and Microstrategy, Inc., which settled for $48 million and $155 million, respectively. • The Federal Deposit Insurance Corporation. Milberg Weiss represented the FDIC in claims arising out of the failure of the Butcher brothers’ Tennessee banking empire. The case ultimately settled for $425 million after a full jury trial as part of a massive global settlement among the FDIC, RTC and Ernst & Whinney. • The West Virginia Employer - Teamsters Joint Counsel No. 84 Pension Trust and Locals 175 and 505 Pension Trust. Milberg Weiss has recently represented these Taft-Hartley pension funds as Lead Plaintiff in the Lucent Technologies Corp. Securities Litigation, which settled for $600 million. • The Firm represented IBM Corporation with Cravath, Swaine & Moore in class and derivative suits asserted against IBM in New York courts. The derivative litigation has been dismissed and the class litigation was defeated on a motion for summary judgment, thereafter sustained on appeal. • In addition, the Firm has represented individuals, governmental entities and major corporations including CBS Corporation; T.V. Azteca, Mexico’s second largest television network; Phar-Mor, Inc., formerly a nationwide discount pharmacy chain, and others in complex financial litigation.

PROMINENT CASES

• In re Lucent Technologies, Inc. Securities also named as a defendant and was alleged to have Litigation, No. 00cv621 (AJL) (D.N.J.). This settlement issued a materially false and misleading audit opinion on provides compensation of $600 million to aggrieved Oxford’s financial statements for the year ended shareholders who purchased Lucent stock between December 31, 1996. October 1999 and December 2000. • In In re Rite Aid Securities Litigation, Master File • In re Raytheon Securities Litigation, 99 CV 12142 No. 99-1349 (E.D. Pa.), Judge Stewart Dalzell approved (E.D. Mass.). This case concerned claims that a major class action settlements totaling $334 million against defense contractor failed to write down assets Rite Aid ($207 million), KPMG ($125 million -- the adequately on long term construction contracts. In May second largest amount ever recovered from an 2004, Raytheon and its auditor PricewaterhouseCoopers accounting firm in a federal securities class action, and LLP settled for a total of $460 million. the largest ever against an auditor in a case where the • Milberg Weiss served as co-lead counsel in In re securities claims were limited to claims under section Oxford Health Plans, Inc. Securities Litigation, MDL 10(b), which requires proof of knowing or reckless Dkt. No. 1222 (CLB) (S.D.N.Y.), in which settlements misconduct), and certain former executives of Rite Aid totaling $300 million in cash were approved by the ($1.6 million). Court in June 2003. Plaintiffs alleged that Oxford • In re Scheiner v. i2 Technologies, Inc., Civ. No. Health Plans, Inc. issued fraudulent financial statements 3:01-CV-418-H (N.D. Tex.). May 2004 settlement of that misstated its premium revenues and medical claims $84.85 million with i2 Technologies and certain expense. KPMG LLP, Oxford’s outside auditor, was individual defendants. Case alleged securities fraud

Firm Résumé 4 against defendants relating to company’s software Express/IDS, New York Life, ManuLife and John product descriptions and alleged violations of Generally Hancock. Accepted Accounting Principles. • In In re NASDAQ Market-Makers Antitrust • In re Initial Public Offering Securities Litigation, 21 Litigation, MDL 1023 (S.D.N.Y.), Milberg Weiss MC 92 (S.D.N.Y.). The Initial Public Offering served as court-appointed co-lead counsel for a class of Securities Litigation consists of 309 separate class investors. The class alleged that the NASDAQ market- actions involving more than 300 IPOs marketed between makers set and maintained wide spreads pursuant to an 1998 and 2000. The actions are coordinated for pre-trial industry-wide conspiracy in one of the largest and most purposes before U.S. District Court Judge Shira A. important antitrust cases in recent history. After three Scheindlin in the Southern District of New York. The and one half years of intense litigation, the case was defendants consist of the companies brought public, settled for a total of $1.027 billion, the largest antitrust certain of their officers and directors and 55 of the settlement ever. investment banks that brought them public and • In re Washington Public Power Supply System underwrote various follow-on offerings. The lawsuits Securities Litigation, MDL 551 (D. Ariz.). A massive generally allege that the IPOs of these companies were litigation in which Milberg Weiss served as co-lead manipulated by the investment banks to artificially counsel for a class that obtained settlements totaling inflate the market price of those securities and to conceal $775 million after several months of trial. the amounts of compensation actually received by the underwriters and that these efforts were not disclosed to • In In re American Continental Corp./Lincoln the investing public. A proposed settlement between Savings & Loan Securities Litigation, MDL 834 (D. plaintiffs and the issuer defendants and their directors Ariz.), Milberg Weiss served as the court-appointed co- and officers has been preliminarily approved by the lead counsel for a class of persons who purchased Court. The settlement would guarantee a recovery of at debentures and/or stock in American Continental Corp., $1 billion dollars for the settlement classes. The $1 the parent company of the now-infamous Lincoln billion guarantee is subject to reduction by potential Savings & Loan. The suit charged Charles Keating, recoveries from the 55 Underwriter Defendants against other insiders, three major accounting firms, three major whom the litigation continues. Recently, Judge law firms, Drexel Burnham, Michael Milken and others Scheindlin granted plaintiffs’ motions for class with racketeering and violations of securities laws. certification in six class actions against the Underwriter Recoveries totaled $240 million on $288 million in Defendants, which were selected to serve as test cases. losses. A jury also rendered verdicts of more than $1 billion against Keating and others. • In In re Mutual Funds, Milberg Weiss has been appointed as the co-chair of the plaintiffs’ counsel’s • In re Exxon Valdez, No. A89-095 Civ. (D. Alaska) steering committee, which is responsible for prosecuting and In re Exxon Valdez Oil Spill Litigation, 3 AN-89- this ground-breaking litigation involving timing and late 2533 (Alaska Super. Ct. 3d Jud. Dist.). Milberg Weiss trading allegations against (and on behalf of) more than is a member of the Plaintiffs’ Coordinating Committee 16 mutual fund families and affiliated entities. Pursuant and co-chair of Plaintiffs’ Law Committee in the to an order by the Panel for Multidistrict Litigation, massive litigation resulting from the Exxon Valdez oil these cases are proceeding before four judges in the spill in Alaska in March 1989. A jury verdict of $5 District of Maryland. As co-chair, Milberg Weiss is billion was obtained and is currently on appeal. responsible for overseeing a steering committee • In In re Managed Care Litigation, MDL 1334 (S.D. comprised of approximately 10 firms which are working Fla.). Final approval of a settlement between a together to prosecute this highly complex litigation. nationwide class of physicians and defendant CIGNA • The Firm was lead counsel in In re Prudential Healthcare valued in excess of $500 million dollars was Insurance Co. Sales Practice Litigation, Civ. No. 95- granted on April 22, 2004. A similar settlement valued 4707 (AMW) (D.N.J.), a landmark case which in excess of $400 million involving a nationwide class concerned securities claims as well as common law of physicians and Aetna was approved by the Court on claims and which resulted in a recovery exceeding $4 November 6, 2003. The settlements stem from a series billion for Prudential policyholders. The settlement was of lawsuits filed in both state and federal court by approved in a comprehensive decision handed down by physicians and medical associations currently pending the Third Circuit. Milberg Weiss has led the litigation against many of the nation’s largest for-profit health of numerous other class actions involving alleged insurers arising from conduct involving issues dating churning practices by other insurance companies and back to 1990. These settlements bring sweeping their agents, recovering billions of dollars in actions changes to the health care industry and involve against major insurers, including MetLife, American improvements to physician-related business practices

Firm Résumé 5 and provide for the establishment of an independent and agreements in principle in both cases were reached foundation dedicated to improving the quality of health on November 27, 2002, the last business day before trial care in America. was set to begin in the Sealed Air matter. The total of • In re Baldwin United Annuity Litigation, No. M-21- the two settlements, which consisted of both cash and 35 (S.D.N.Y.). Milberg Weiss served as co-lead counsel stock, was approximately $1 billion. in this consolidated proceeding on behalf of purchasers • In re Kruman v. Christie’s International, PLC, 284 of annuities that was settled for over $160 million. No. 01-7309 (S.D.N.Y.), resulted in the first U.S. Court • In re MicroStrategy, Inc. Securities Litigation, No. of Appeals holding that antitrust class actions on behalf 00-473-A (E.D. Va.). Milberg Weiss served as co-lead of all purchasers injured worldwide can be brought in counsel in this action, which alleged securities fraud U.S. courts under U.S. law when an antitrust conspiracy based on a massive restatement. Settlements with the has sufficient effects in the U.S. Decided in March 2002; defendants totaled in excess of $150 million. led to successful settlement in 2003 of claims against Christie’s and Sotheby’s on behalf of purchasers and • In re Sunbeam Securities Litigation (No. 98-8258) sellers at auctions outside the U.S. (S.D. Fla) Milberg Weiss acted as co-lead counsel for the class. Plaintiffs alleged that Sunbeam, its auditor, • In re Tyco International Ltd., Securities Litigation, and its management engaged in a massive accounting MDL Docket No. 02-1335-B (D.N.H.). Milberg Weiss fraud which led to a restatement of over three years of is co-lead counsel in this litigation, which involves previously reported financial results. The Court claims under the Securities Act of 1933 and the approved a combined settlement of over $140 million. Securities Exchange Act of 1934 against Tyco and its The settlement amount included a $110 million former CEO, CFO, general counsel and certain former settlement with Arthur Andersen, LLP, Sunbeam’s directors that arise out of Tyco’s $5.8 billion auditor. The Andersen settlement is one of the largest overstatement of income and $900 million in insider amounts ever paid by a public accounting firm to settle trading, plus hundreds of millions of dollars looted by claims brought under the federal securities laws. The insiders motivated to commit the fraud. Claims are also settlement with the individuals was achieved on the eve made under the 1933 and 1934 Acts against of trial, and ended almost four years of litigation against PricewaterhouseCoopers, LLP, which is alleged to have Andersen and Sunbeam’s insiders, including Albert published false audit opinions on Tyco’s financial Dunlap, Sunbeam’s former Chairman and CEO. The statements during the Class Period and to have failed to settlement included a personal contribution from Dunlap audit Tyco properly, despite knowledge of the fraud. In of $15 million. October 2004, the Court sustained the vast majority of plaintiffs’ claims against Tyco and its former senior • In In re Computer Associates Securities Litigation, officers (Dennis Kozlowski, Mark Swartz, Mark Belnick Nos. 98-CV-4839, 02-CV-1226 (TCP) (E.D.N.Y.), and Frank Walsh), with the exception of one director, as Milberg Weiss served as co-lead counsel and obtained a well as Tyco’s auditor, PwC. pretrial settlement valued at over $134 million in these securities fraud class actions. • In re Nortel Networks Corp. Securities Litigation, Civ. No. 01-CV-1855-RMB (S.D.N.Y.). This federal • In In re IKON Office Solutions, Inc. Securities securities fraud class action was commenced in February Litigation, MDL 1318, Docket No. 98-4286 (E.D. Pa.), 2001 against Nortel Networks Corp. and certain of its Milberg Weiss served as co-lead counsel and obtained a officers and directors. In February 2002, Milberg Weiss pretrial settlement of $111 million in this securities was appointed to serve as sole Lead Counsel for the fraud class action. Class and for the Court-appointed Lead Plaintiff, the • In In re W.R. Grace & Co. (Official Committee of Trustees of the Ontario Public Service Employees’ Asbestos Personal Injury Claimants v. Sealed Air. Union Pension Plan Trust Fund. In January 2003, the Corp. and Official Committee of Asbestos Personal Court sustained the Complaint in its entirety, denying Injury Claimants v. Fresenius Medical Care Holdings, defendants’ motion to dismiss and, in September 2003, Inc.), Nos. 02-2210 and 02-2211 (D. Del.), Milberg certified a Class. In certifying the Class, the Court Weiss acted as lead counsel for the asbestos personal specifically rejected defendants’ argument that those injury and property damage committees in two separate who traded in Nortel securities on the Toronto Stock fraudulent conveyance actions within the W.R. Grace Exchange (and not the New York Stock Exchange) bankruptcy. The actions sought to return the assets of should be excluded from the Class. The Second Circuit Sealed Air Corporation and Fresenius Medical Care denied defendants’ attempted appeal. Holdings (each of which had been Grace subsidiaries • In re Xerox Securities Litigation, No. 3:99-CV-2374 pre-bankruptcy) to the W.R. Grace bankruptcy estate. (AWT) (D. Conn.) and Carlson v. Xerox Corp., No. Complaints in both cases were filed in mid-March 2002, 3:00-CV-1621 (AWT) (D. Conn.). Milberg Weiss was

Firm Résumé 6 appointed co-lead counsel in both of these cases. The connection with financing its acquisition binge. first case was brought on behalf of a class of purchasers However, plaintiffs allege that Vivendi’s operations and of Xerox common stock from October 22, 1998 (when financial condition were much weaker than what their Xerox first claimed that it was benefiting from a public statements portrayed. Plaintiffs have already restructuring) through October 7, 1999 (when Xerox defeated defendants’ motions to dismiss the complaint, finally disclosed the massive problems with the and are in the midst of discovery that will take place in restructuring that affected its operations and the impact the U.S. and France (where French regulators are of these problems on its revenues) and alleged conducting their own formal investigations). misrepresentations regarding Xerox’s restructuring. The • Rabi Abdullahi v. Pfizer, Inc., 01 Civ. 8118 (WHP), second case was brought on behalf of a class of (S.D.N.Y.). This is a case in which the Firm has purchasers of Xerox common stock from February 17, brought claims under the Alien Tort Claims act on 1998 through June 28, 2002 and alleged behalf of Nigerian children and their families who were misrepresentations and failure to disclose massive enrolled in a clinical trial of a drug by Pfizer without accounting improprieties. As a result of these alleged their knowledge. Plaintiff alleges that Pfizer’s conduct accounting improprieties, on June 28, 2002 (the last day violated the international prohibition on medical of the Class Period), Xerox issued a $6.4 billion experimentation without informed consent when restatement of equipment sales revenues booked over a children suffering from meningitis, whose families had five year period. brought them to a local hospital for treatment, were • In re The Walt Disney Company Derivative secretly enrolled in a clinical trial of the Pfizer drug, Litigation, C.A. No. 15452 (Del. Ch., New Castle Trovan. Plaintiff survived a motion to dismiss for County). Challenge to Employment Agreement which failure to state a claim. The action was then dismissed Board of Directors never reviewed or approved and to on forum non-conveniens grounds but the Second payment of severance package without Board oversight. Circuit vacated that decision. The case is now back This action is currently being tried in the Delaware before the trial court. Chancery Court. • In In re General Instrument Corp. Securities • Milberg Weiss is prosecuting numerous class actions Litigation, No. 01-3051 (LR) (E.D. Pa.), Milberg Weiss involving a major area of investment abuse: deceptive served as co-lead counsel and obtained a pretrial sales of deferred annuity tax shelters to investors for settlement of $48 million in this securities fraud class placement in retirement plans that are already tax- action. qualified. In Nelson v. Pacific Life Ins. Co., No. • In re Triton Energy Limited Securities Litigation, CV203-131 (S.D. Ga.) the district court denied Civil Action No. 5-98-CV-256 (E.D. Tex. Texarkana defendants’ motion to dismiss and discovery is Division), settled for $42 million. Plaintiffs alleged that underway. In American United Life Insurance Co. v. defendants misrepresented, among other things, the Douglas, No. 29A02-0304-CV-350 (Ind. Ct. App.), nature, quality, classification and quantity of Triton’s denial of defendant’s summary judgment motion was Southeast Asia oil and gas reserves during the period sustained on interlocutory appeal. The SEC and NASD March 30, 1998 through July 17, 1998. have begun regulatory programs to address these problems. • In Andrews v. AT&T, No. CV 191-175 (S.D. Ga.). The Firm represented a class of persons who paid for • Milberg Weiss is co-lead counsel in In re Vivendi premium-billed “900-number” calls that involved Universal, S.A. Securities Litigation, 02 Civ. 5571 allegedly deceptive games of chance, starting in 1993. (RJH), a securities fraud class action on behalf of U.S. Defendants included major long-distance companies, and foreign investors who purchased Vivendi ordinary which approved the call programs and billed for the shares or American Depository Shares. Plaintiffs allege calls. Defendant MCI settled for $60 million in benefits; that Vivendi embarked on a $77 billion acquisition spree the class against AT&T was decertified on appeal and in order to transform itself into a huge international the Firm prosecuted the individual plaintiffs’ claims, conglomerate. Throughout the Class Period (October obtaining a jury verdict in 2003 for compensatory and 30, 2000 through August 14, 2002), defendants (and in punitive damages. particular, Vivendi’s former CEO and Chairman, Jean- Marie Messier, and Vivendi’s former CFO, Guillaume Hannezo) reported strong revenue and earnings, and portrayed Vivendi as a company that was generating sufficient cash flow to satisfy its debt obligations on approximately $21 billion in debt that it had amassed in

Firm Résumé 7 PRECEDENT-SETTING DECISIONS

Milberg Weiss has consistently been a leader in statements might be material if they concern areas of developing the law for investors and consumers under particular importance to investors and raise questions the federal securities, antitrust and consumer protection about management integrity. laws. The Firm has represented individual and • In re Advanta Corp. Securities Litigation, 180 F.3d institutional plaintiffs in hundreds of class action 525 (3d Cir. 1999). Here, the Firm successfully argued litigations in federal and state courts throughout the that, under the PSLRA, the requisite scienter is pled by country. In most of those cases, Milberg Weiss has making an adequate showing that the defendants acted served as lead or co-lead counsel for the class. The Firm knowingly or with reckless disregard for the has also been responsible for establishing many consequences of their actions. As urged by this Firm, the important precedents, including: Third Circuit specifically adopted the Second Circuit’s • Blackie v. Barrack, 524 F.2d 891 (9th Cir. 1975), scienter pleading standard for pleading fraud under the cert. denied, 429 U.S. 816 (1976). This is the seminal PSLRA. appellate decision on the use of the “fraud-on-the- • In re NASDAQ Market-Makers Antitrust Litigation, market” theory, allowing investors who purchase stock 169 F.R.D. 493 (S.D.N.Y. 1996). The court certified a at artificially inflated prices to recover even if they were class of millions of investors, who were harmed by an personally unaware of the false and misleading industry-wide conspiracy where NASDAQ market- statements reflected in the stock’s price. The court stated makers set and maintained wide spreads, over that class actions are necessary to protect the rights of defendants’ strenuous objections. defrauded purchasers of securities. • In re Initial Public Offering Securities Litigation, • Novak v. Kasaks, 216 F.3d 300 (2d Cir. 2000). The 241 F. Supp. 2d 281 (S.D.N.Y. 2003). The Court Firm was lead counsel in this seminal securities fraud sustained, in large part, the plaintiffs’ complaints against case in which the Second Circuit undertook an extensive more than 50 underwriters of high-tech stocks in one of analysis of the statutory text and the legislative history the most comprehensive decisions issued under the of the PSLRA and pre-existing Second Circuit case law. securities laws. Milberg Weiss serves as the Chair of Among other things, the Second Circuit held that the Plaintiffs’ Executive Committee in this landmark PSLRA’s pleading standard for scienter was largely litigation. equivalent to the pre-existing Second Circuit standard and vacated the district court’s dismissal which sought • Asher v. Baxter International, Inc., 377 F.3d 727 (7th to impose a higher standard for pleading scienter under Cir. 2004). In reversing and remanding the dismissal by the PSLRA. The Second Circuit also rejected any the District Court, the Seventh Circuit resolved an general requirement that plaintiffs’ confidential sources important issue involving the PSLRA “safe harbor” for must be disclosed to satisfy the PSLRA’s newly-enacted forward-looking statements in plaintiffs’ favor. The particularity requirements. Court held that whether a cautionary statement is meaningful is an issue of fact, because whether a • In re Cabletron Systems, Inc., 311 F.3d 11 (1st Cir. statement is meaningful or not depends in part on what 2002). The First Circuit joined the Second Circuit in the defendant knew as well as other issues of fact. Thus, allowing a complaint to be based on confidential this issue is not appropriately resolved on a motion to sources. The Court also accepted the argument made by dismiss. Milberg Weiss that courts should consider the amount of discovery that has taken place in deciding a motion to • In In re Vivendi Universal, S.A. Securities dismiss and that the lack of discovery will result in a Litigation, 2003 U.S. Dist. LEXIS 19431 (S.D.N.Y. less stringent standard for pleading securities fraud Nov. 3, 2003), Judge Harold Baer upheld plaintiffs’ claims with particularity. claims under Section 10(b) of the Securities Exchange Act of 1934, which alleged that Vivendi and two of its • Gebhardt v. ConAgra Foods, Inc., 335 F.3d 824 (8th former executives (CEO Jean-Marie Messier and CFO Cir. 2003). This important decision strongly reaffirmed Guillaume Hannezo) did not disclose to investors that: the principle that whether an undisclosed fact would (1) Vivendi’s corporate acquisition programs had have been material to investors cannot ordinarily be brought Vivendi to the brink of a potentially decided on a motion to dismiss. The Eighth Circuit, catastrophic liquidity crisis; (2) although it consolidated stressing that "[t]he question of materiality hinges on the the financial results of several majority owned particular circumstances of the company in question," subsidiaries, Vivendi did not have access to the cash observed that even relatively small errors in financial flows of these entities; (3) Vivendi failed to write down

Firm Résumé 8 billions of dollars of impaired goodwill from prior of limitation rules for §10(b) suits that are favorable to acquisitions; and (4) one of Vivendi’s U.S. subsidiaries investors. improperly recognized revenue “up front” on the full • Hasan v. CleveTrust Realty Investors, 729 F.2d 372 value of long term contracts. The case is particularly (6th Cir. 1984). The Sixth Circuit very strictly notable because the court held that because of construed, and thus narrowed, the ability of a “special defendants’ activities in New York promoting Vivendi litigation committee” of the board of a public company stock, defendants’ conduct was more than “merely to terminate a derivative action brought by a prepatory” to the alleged fraudulent scheme, and thus shareholder. the court had jurisdiction not only over purchasers of Vivendi ADRs on the NYSE, but also over the claims of • Cowin v. Bresler, 741 F.2d 410 (D.C. Cir. 1984). The foreign purchasers who purchased Vivendi ordinary Court of Appeals reversed the lower court’s dismissal of shares on foreign exchanges. the complaint. The Firm had sought the extraordinary remedy of the appointment of a receiver over the affairs • In Hunt v. Alliance North American Government of a public company due to the highly specific Income Trust, Inc., 159 F.3d 723 (2d Cir. 1998), the allegations of fraud, dishonesty and gross Second Circuit reversed the district court’s ruling, which mismanagement by the corporation’s controlling denied plaintiffs a cause of action against defendants for shareholders. failing to disclose that the Trust was unable to utilize proper “hedging” techniques to insure against risk of • Fox v. Reich & Tang, Inc., 692 F.2d 250 (2d Cir. loss. In the Court’s view, taken together and in context, 1982), aff’d sub nom, Daily Income Fund, Inc. v. Fox, the Trust’s representations would have misled a 464 U.S. 523 (1984). The court held that a derivative reasonable investor. action to recover excessive advisory fees may be brought on behalf of an investment company without • In Shaw v. Digital Equip. Corp., 82 F.3d 1194 (1st any prior demand on the board. Cir. 1996), the First Circuit remanded plaintiffs’ action after affirming, in part, Milberg Weiss’ position that in • Rifkin v. Crow, 574 F.2d 256 (5th Cir. 1978). The association with the filing of a prospectus related to the Fifth Circuit reversed an order granting summary issuance of securities, a corporate-issuer must disclose judgment for defendants in a §10(b) case, paving the intra-quarter, materially adverse changes in its business, way for future acceptance of the “fraud-on-the-market” if such adverse changes constitute “material changes” rationale in the Fifth Circuit. the disclosure of which is required pursuant to the • Bershad v. McDonough, 300 F. Supp. 1051 (N.D. Ill. Securities Act of 1933. 1969), aff’d, 428 F.2d 693 (7th Cir. 1970). The plaintiff • In re Salomon, Inc. Shareholders Derivative obtained summary judgment for a violation of §16(b) of Litigation, 68 F.3d 554 (2d Cir. 1995). The Second the Securities Exchange Act in which the transaction Circuit affirmed the district court’s holding that was structured by the defendants to look like a lawful derivative federal securities claims against defendants option. The decision has been cited frequently in would not be referred to arbitration pursuant to the discussions as to the scope and purpose of §16(b). arbitration provisions of the Rules of the New York • Heit v. Weitzen, 402 F.2d 909 (2d Cir. 1968), rev’g, Stock Exchange, but would be tried in district court. 260 F. Supp. 598 (S.D.N.Y. 1966). The court held that Shortly thereafter, the case settled for $40 million, liability under §10(b) of the Securities Exchange Act which is among the largest cash recoveries ever extends to defendants who were not in privity with the recorded in a derivative action. named plaintiffs or the class represented by the named • Kamen v. Kemper Financial Services, 500 U.S. 90 plaintiffs. (1991). The Supreme Court upheld the right of a • In re Cox v. Microsoft, No. 03-2922 (App. Div. 1st stockholder of a mutual fund to bring a derivative suit Dep’t, June 2004). First appellate ruling in New York without first making a pre-suit demand. state courts that class actions may be pursued in the New • Goldman v. Belden, 754 F.2d 1059 (2d Cir. 1985). York state courts for some antitrust violations on behalf The Second Circuit reversed the district court’s of indirect purchasers under New York deceptive dismissal of a securities fraud complaint, in an important practices laws as well as common law claims for unjust opinion clarifying the “fraud” pleading requirements of enrichment. May open the door to class action recovery Federal Rules of Civil Procedure, Rule 9(b). of damages on behalf of New York purchasers of Microsoft software comparable to settlements reached in • Mosesian v. Peat, Marwick, Mitchell & Co., 727 various other states such as California, where Microsoft F.2d 873 (9th Cir.), cert. denied, 469 U.S. 932 (1984). settled for approximately $1 billion. The Ninth Circuit upheld an investor’s right to pursue a class action against an accounting firm, adopting statute

Firm Résumé 9 • In re JLM Industries, Inc. v. Stolt-Nielsen SA, No. entered into at any time during the period of January 1, 3:03CV348 (D. Conn. June 24, 2003). Milberg Weiss 1965 to the date of the filing of the complaint in 1998. succeeded in establishing that arbitration of horizontal The complaint alleged that Sony had a policy of treating conspiracy claims, arising under Section 1 of the the value added tax on foreign sales of recordings Sherman Act, cannot be compelled on grounds that such improperly thereby impermissibly reducing the royalties claims do not “arise from” the injured person’s purchase paid or credited to the class members. Justice DeGrasse contract. (Currently on appeal and awaiting decision of the New York State Supreme Court determined that from the Second Circuit.) class certification was appropriate and that Gary Puckett • In Puckett v. Sony Music Entertainment, No. (of Gary Puckett & the Union Gap) and jazz musician 108802/98 (New York Co. 2002), Milberg Weiss and composer Robert Watson were appropriate class achieved a precedent-setting decision in which a class representatives to represent the class of artists and action was certified against Sony Music Entertainment producers to whom Sony accounts for foreign record on behalf of a class of recording artists who were parties royalties. to standard Sony recording or production agreements

Additionally, in the context of shareholder derivative actions, Milberg Weiss has been at the forefront of protecting shareholders’ investments by causing important changes in corporate governance as part of the global settlement of such cases. Cases in which such changes were made include: • In re Marketspan Corporate Shareholder Litigation, CV No. 98-15884 (N.Y. Sup. Ct.) (settlement agreement required modifications of corporate governance structure, changes to the audit committee and changes in compensation awards and the nominating committee); • Abramsky v. Computer Sciences Corp., CV No. 98-00306-JBR (RLH) (D. Nev. 1998) (significant changes to the company’s by-laws and governance procedures to enhance shareholder voting rights and the role of outside directors).

Firm Résumé 10 Milberg Weiss Bershad & Schulman LLP

THE FIRM’S PARTNERS

MELVYN I. WEISS, Senior and Founding University of Buenos Aires (where he is an honorary Partner of Milberg Weiss Bershad & Schulman LLP, is a professor), and at the Salzburg Seminar Foundation in leading practitioner in the fields of securities, insurance, Austria. He has addressed the New York State Society environmental, antitrust, and consumer litigation. of Certified Public Accountants, National Association of Accountants, National Association of Internal Auditors, Mr. Weiss’s expertise has been recognized on and in 1993 delivered the Abraham Briloff Distinguished numerous occasions by courts appointing him to Lecture at the State University of New York at leadership positions in prosecuting complex litigations. Binghamton on the role of the auditor in our society. He Among the more prominent of the outstanding recoveries has frequently been quoted as a leading authority on in cases where he has represented defrauded investors or shareholder and consumer rights in the national media consumers are the Drexel/Milken litigations (recoveries and he has testified before congressional committees on of over $1 billion for investors in, among others, securities litigation and accountants’ liability. Mr. Weiss Columbia Savings & Loan and Executive Life Insurance is a Fellow of The American College of Trial Lawyers. Company of America); In re Washington Public Power He received the 1993 Arthur T. Vanderbilt Medal from Supply System Securities Litigation ($775 million New York University Law School, the highest award recovered after the country’s largest municipal bond given annually to an outstanding alumnus, and is a default); Butcher Bank Litigation (leading to $400 member of the law school’s Board of Trustees and a million recovery on behalf of the FDIC against Ernst & recipient of the Alumni Achievement Award. In 2005, Young); Oxford Healthcare Securities Litigation ($300 Accounting Today named Mr. Weiss as one of its Top million); Prudential Limited Partnership Litigation 100 Most Influential People. ($200 million); Mercedes Brake Defect Litigation ($100 million in settlement benefits); life insurance policy Mr. Weiss is a member of the American Bar holder cases against Prudential Life Insurance ($4 Association (from 1986-1988, he served as a Co-Chair of billion), John Hancock ($400 million), New York Life the Class and Derivative Committee of the Litigation ($300 million), ManuLife ($500 million) and Section; from 1983-1986, he served as a member of the Metropolitan Life ($1.7 billion). He was a pro bono lead FRCP Rule 23 Class Action Improvement Committee; counsel in the Swiss Bank Litigation involving Holocaust and from 1976-1982, he served as a member of the confiscations, which settled for $1.25 billion, and was a Corporate Law Committee of the Banking and Business lead counsel in recovering $5 billion for Holocaust Law Section), the Association of the Bar of the City of victims from German banks and companies. He is New York, and the New York Inns of Court. In 2000, presently Chair of the Plaintiff’s Executive Committee Mr. Weiss was selected by Chief Judge Edward R. prosecuting over 300 cases involving misconduct in Becker of the Third Circuit to serve as a member of the connection with initial public offerings, in which a Third Circuit Task Force on Selection of Class Counsel. partial settlement with some defendants of $1 billion has Mr. Weiss was a Commissioner of the Nassau been announced. County Charter Revision Commission, which proposed Mr. Weiss received a B.B.A. in accounting from the new legislative form of government for the county's Baruch College of the City College of New York in 1.3 million residents. He has testified before the U.S. 1957, and a J.D. degree from New York University Senate on tort "reform" proposals. He is a director and a School of Law in 1959. He was admitted to the Bar of member of the Executive Committee of the Israel Policy the State of New York in 1960 and is presently a Forum, an organization devoted to encouraging peace in member of the Bar of the United States District Courts the Middle East. Until recently, Mr. Weiss served on the for the Southern and Eastern Districts of New York, the Board of Directors of the Salzburg Seminar Foundation United States Courts of Appeals for the Second, Third, and he is presently on the Boards of the Lawyers' Fourth, Fifth, Sixth, Eighth, Ninth, Tenth and Eleventh Committee for Civil Rights Under Law, the World Circuits, and the United States Supreme Court. Council of the American Jewish Congress and the American Constitution Society. Mr. Weiss is the Vice Mr. Weiss has lectured extensively to lawyers, law Chairman of the Drum Major Institute for Public Policy, students, and other professionals throughout the country a think tank founded during the civil rights movement and abroad. He has been a guest lecturer at the New that today provides ideas to fuel the progressive agenda. York University School of Law, Stanford University Law School, Harvard Law School, Duke Law School,

Firm Résumé 11 Mr. Weiss and his wife established the Melvyn and Bershad was recently profiled in Fortune magazine’s Barbara Weiss Public Interest Foundation at New York feature story for his leading role in the Lucent University School of Law to assist graduating public- Technologies Shareholder Litigation. interest lawyers in retiring their student loans. He has Mr. Bershad is admitted to practice in the courts of received the Anti-Defamation League’s Gotham Award the State of New York, as well as the United States and Humanitarian Award; the United Jewish Appeal’s District Court for the Southern District of New York, the Proskauer Award, given annually to an exemplary United States Courts of Appeals for the Second, Third, Jewish lawyer and humanitarian; the B’nai B’rith of Fourth, Seventh, and Ninth Circuits, and the U.S. Argentina Dignity & Justice Award for humanitarian Supreme Court. activities; and the Ellis Island Medal of Honor from the National Ethnic Coalition of Organizations Foundation, STEVEN G. SCHULMAN graduated with a Inc. Mr. Weiss is the International Chair of the Hatikva B.A. degree in history, magna cum laude, Phi Beta Project, which built a memorial on the site of the Israeli Kappa, from Williams College in 1973. He earned an Embassy in Buenos Aires, which was destroyed by M.A. degree (1975) and a M.A.L.D. degree (1976) in terrorists. international relations from the Fletcher School of Law and Diplomacy at Tufts University. In 1980, Mr. DAVID J. BERSHAD graduated from Cornell Schulman received his J.D. degree. with honors from the University in 1961 with an A.B. degree in philosophy. University of Chicago Law School, where he served on He graduated from Columbia Law School in 1964 and The University of Chicago Law Review and was elected while there he participated in the Harlan Fiske Stone to the Order of the Coif. Thereafter, he served for one Moot Court Honors Competition and was elected a year as a law clerk to the Honorable Robert L. Kunzig of member of Phi Alpha Delta. the United States Court of Claims in Washington, D.C., Mr. Bershad is a founding member of Milberg Weiss. following which he associated with Cravath, Swaine & He is primarily engaged in prosecuting complex Moore in New York City. securities and commercial litigations nationwide. He Since joining Milberg Weiss in 1986, Mr. Schulman served as plaintiffs’ liaison counsel in In re Baldwin has been engaged in prosecuting a wide variety of United Corporation Litigation, M.D.L. No. 581 securities fraud class actions and shareholder derivative (S.D.N.Y.), and was prime negotiator of settlements actions. He has also been actively and extensively aggregating more than $220 million, the largest federal involved in shareholder litigations arising from mergers securities class action settlement recorded at that time. and acquisitions, many of which were litigated in Courts Subsequently, he has led plaintiffs’ counsel in a wide of the State of Delaware. Among Mr. Schulman’s range of cases arising out of the federal securities laws, significant recent cases, he served as lead trial counsel in as well as antitrust and consumer laws. He has actively In re MicroStrategy, Inc. Securities Litigation (E.D. negotiated more than 100 complex class action Va.), which settled for an amount in excess of $150 settlements, including acting as prime negotiator and million. He led the trial team in the landmark In re Walt achieving a $1.07 billion settlement in In re NASDAQ Disney Derivative Litigation case, which has redefined the Market Makers Antitrust Litigation, M.D.L. No.1023 fiduciary duties of directors in public companies. He is (S.D.N.Y.), the largest antitrust class action settlement at also serving as lead counsel in the In re Nortel Networks that time. He recently acted as class lead counsel in Corporation Securities Litigation pending in the securities class actions involving Rite Aid (settled in Southern District of New York, the In re Williams 2003 for approximately $300 million) and Lucent (global Securities Litigation pending in the Northern District of settlements of $600 million). Oklahoma and in the In re Raytheon Securities Litigation Mr. Bershad is a regular panelist on securities law pending in the District of Massachusetts. He is also matters for the Practising Law Institute, American Bar significantly involved in the Firm’s groundbreaking Association, American Conference Institute, Glasser litigation relating to Wall Street’s IPO allocation Legal Works, and American Law Institute-American Bar practices. Association. He lectures on the topics of complex Mr. Schulman frequently lectures and participates in litigation, federal securities law, class actions and professional education panels, some of which include: financial derivatives. He has contributed the plaintiffs’ Civil Practice and Litigation Techniques in Federal and view in a book, Securities Class Actions: Abuses and State Courts, organized by ALI-ABA Committee on Remedies, published by the National Legal Center for the Continuing Professional Education (11/16-18/00); Key Public Interest, and has debated the plaintiffs’ view of Issues Facing Boards Of Directors: The Coming Tide in the world before the Federalist Society. He has also Securities Class Actions, organized by AIG, Freeborn & appeared as a legal expert on CNBC and CNN regarding Peters, Milberg Weiss and the National Economic significant business related public interest issues. Mr.

Firm Résumé 12 Research Associates (02/22/01); Leveraged Buyouts & Presidential level member of the Association of Trial Other Private Equity Investments, organized by City Bar Lawyers of America (ATLA) and a Sustaining Fellow in Center for CLE - Association of the Bar of the City of the Roscoe Pound Institute. Mr. Schulman is a member New York (09/24/01); The 33rd Annual Institute on of the Bars of the State of New York and the District of Securities Regulations, organized by Practicing Law Columbia and is also admitted to practice before the Institute (11/7/01); Evolution of the Derivative Lawsuit, District Court of the Southern, Northern, and Eastern organized by Professional Liability Underwriting Society Districts of New York. (02/06/02); Sarbanes-Oxley Act: Impact on Civil JEROME M. CONGRESS received an A.B. Litigation under the Federal Securities Laws, organized degree with honors from Cornell University. From 1960 by ALI-ABA Committee on Continuing Professional to 1962 he was a Fulbright Scholar at Oxford University, Education (12/5/02); Corporate Governance and England, where he studied philosophy, politics and Disclosure, organized by Corporate Communications economics. He received an LL.B. degree cum laude Broadcast Network (3/20/03); Seventh Circuit Judicial from Harvard Law School where he was an editor of Conference Corporate Governance Roundtable, Harvard Law Review during 1963-1964. organized by The Seventh Circuit Bar Association (05/05/03); and The 35th Annual Institute on Securities Since graduating from law school, Mr. Congress has Regulations, organized by Practising Law Institute spent the bulk of his time in commercial and securities (11/8/03); Life and Health Insurance and Financial litigation. Services Litigation: Fallout From “Canary”, organized Mr. Congress is admitted to practice in the courts of by ALI-ABA Committee on Continuing Professional the State of New York, as well as the United States Education (05/06/04); Council of Institutional Investors District Courts for the Southern and Eastern Districts of 2005 Spring Conference (04/11/05); Director Liability in New York and the United States Court of Appeals for the Wake of the Disney Decision (Telephone Briefing), the Second Circuit. organized by Practising Law Institute (09/08/05). In addition, Mr. Schulman has co-authored several ARNOLD N. BRESSLER graduated from Case publications on the subject of securities and shareholder Western Reserve University in 1971 with a B.A. degree, litigation: “Leveraged Buyouts – Issues From The magna cum laude, and was elected to Phi Beta Kappa. Shareholder Plaintiffs’ Perspective,” (09/01 NY, NY); In 1974 he graduated from Columbia Law School where “Developments in Private Securities Litigation Standards he was a member of the Board of Editors of the and Other Significant Case Law Developments” (11/01 Columbia Law Review and a Harlan Fiske Stone Scholar. NY, NY); “Duties and Liabilities of Outside Directors to Mr. Bressler is a managing partner of the Firm and is Ensure That Adequate Information and Control Systems the head of the Firm’s Corporate Department, which Are in Place – A Study in Delaware Law and the Private represents primarily middle market (sales under $100 Securities Litigation Reform Act of 1995” (02/02 NY, million) public companies as well as closely held and NY); “Sarbanes-Oxley Act: The Impact on Civil foreign owned corporations. Approximately 40% of the Litigation Under the Federal Securities Laws from the Department’s time is devoted to securities related Plaintiffs’ Perspective” (12/5/02, NY, NY); “The matters, 30% to mergers and acquisitions, and 30% to Plaintiff’s Perspective on Shareholder Class and general corporate matters. The Firm is currently general Derivative Actions Alleging Breach of Fiduciary Duty” counsel to a number of publicly traded corporations in (3/12/03, NY, NY); “Cutting Edge Issues in the New the United States as well as several subsidiaries of Millennium: Corporate Governance and the Courts - The foreign public corporations. Sarbanes-Oxley Act and the Impact on Civil Litigation Under the Federal Securities Laws from the Plaintiffs’ The Firm has represented companies on the New Perspective” (5/5/03, Milwaukee, WI); “Fallout From York and American Stock Exchanges as well as “Canary”: “Private Civil Litigation and Legal Remedies NASDAQ companies, taken companies public and Beyond Regulatory Measures” (5/6/04, Washington D.C.); managed secondary offerings. Mr. Bressler has Executive Pay Activism (4/11/05, Washington D.C.); specialized in corporate and securities law for over 25 Old Wine in New Bottles: The Curious Evolution” of the years, primarily representing issuers. Mr. Bressler is the Concept of Loss Causation (09/05, NY, NY). Firm’s representative to ACL International, an association of international law firms with members in Mr. Schulman is a member of the Association of the over 40 countries. Mr. Bressler has lectured in Europe Bar of the State of New York, the American Bar and North America on U.S. securities and corporate Association, and the Federal Bar Council. A member of laws. the Association of the Bar of the City of New York, Mr. Schulman served on its Special Committee on Mergers, Since 1994, Mr. Bressler has served as a director and Acquisitions and Corporate Control Contests. He is a officer of the Israel Humanitarian Foundation, which

Firm Résumé 13 supports social service programs in Israel. From 1990 to ROBERT A. WALLNER received his B.A. 1996, he served as Vice Chairman of the Board of degree from the University of Pennsylvania in 1976 Directors of the Rodeph Sholom School, a private graduating magna cum laude. He attended New York elementary school in New York City. Her is also a University School of Law, earning his J.D. degree in member of the Association of the Bar of the City of New May 1979. He was elected to the law school’s Order of York. He is admitted to practice in the courts of the the Coif and served as an editor of New York University State of New York and the State of New Jersey as well Law Review. as the United States District Court for the Southern and Prior to joining Milberg Weiss, Mr. Wallner was Eastern Districts of New York and the District of New associated with Cravath, Swaine & Moore. He has Jersey. litigated complex securities, consumer and antitrust class MICHAEL C. SPENCER graduated from Yale actions throughout the country. He currently represents University in 1973 with a B.A. degree, magna cum investors in In re Initial Public Offering Securities laude, with distinction, in philosophy. While at Yale, he Litigation (S.D.N.Y.), In re Deutsche Telekom Securities was elected to Phi Beta Kappa. Mr. Spencer received a Litigation (S.D.N.Y.) and In re CMS Energy J.D. degree from Harvard Law School, cum laude, in 1976. Corporation Securities Litigation (E.D. Mich.). He has also represented consumers in In re Synthroid Marketing After graduation, Mr. Spencer served as law clerk to Litigation (N.D. Ill.) and the Mercedes-Benz Tire the Honorable William Matthew Byrne Jr., United States Litigation (D.N.J.). District Court, Central District of California, in 1976-77. He then returned to New York and joined Cravath, Mr. Wallner is a frequent lecturer on securities and Swaine & Moore as an associate, where he worked until complex litigation issues, and serves on the editorial 1986 on antitrust, banking, real estate, commercial and board of Securities Litigation Report, published by securities litigation matters. In his later years at Cravath, Glasser LegalWorks. he represented the bond fund trustee in connection with Mr. Wallner is a member of the Association of the bond defaults of Washington Public Power Supply Bar of the City of New York where he served as a System nuclear plants. member of its Federal Courts Committee. He also In 1986, Mr. Spencer joined Milberg Weiss as an served as a member of the faculty of the American Bar associate and became a partner later that year. He Association’s First Annual National Institute on worked on the WPPSS securities fraud litigation and Securities Litigation and Arbitration, in June 1998. Mr. many of the Firm’s other cases, prominently including Wallner is admitted to the New York Bar and the United representation of the FDIC in its failed bank audit States District Court for the Southern and Eastern litigation involving the Butcher Brothers banks in Districts of New York. Tennessee, which led to a year-long trial and a global SANFORD P. DUMAIN attended Columbia settlement of all bank-related claims against Ernst & University where he received his B.A. degree in 1978. Whinney just before closing arguments to the jury in late He graduated cum laude from Benjamin N. Cardozo 1992. School of Law of Yeshiva University in 1981 and was He has since worked on many of the Firm’s securities Research Editor of Cardozo Law Review, 1980-1981. fraud cases, as well as cases in other areas including Mr. Dumain served as law clerk to Judge Warren W. representation of a broad coalition of union health care Eginton, U.S. District Court, District of Connecticut funds seeking to recover costs for treating smoking- 1981-1982. During the early years of his practice, he related illnesses from the tobacco industry, Year 2000 also served as an Adjunct Instructor in Legal Writing and litigation, cases involving alleged kickbacks in the Moot Court at Benjamin N. Cardozo School of Law. mortgage insurance industry and consumer and securities Since joining Milberg Weiss in 1984, Mr. Dumain fraud cases against insurance companies selling deferred has represented plaintiffs in cases involving securities annuities into qualified retirement plans. fraud, consumer fraud, insurance fraud and violations of Mr. Spencer is chair of the Firm’s Technology the antitrust laws. He has lectured for ALI-ABA Committee and serves on the Management Committee. concerning accountants’ liability and has prosecuted Mr. Spencer is admitted to practice in the courts of the several actions against accounting firms. States of New York and California, as well as the United During 1990, Mr. Dumain served on the trial team States District Courts for the Southern and Eastern for a six-month trial in which the Firm represented the Districts of New York, the Central District of California, City of San Jose, California, that resulted in a verdict and the United States Courts of Appeals for the Second, totaling over $18 million plus pre-judgment interest for Third, Fourth, Seventh, Ninth, Eleventh, and D.C. the City against the defendants. The City’s claims Circuits.

Firm Résumé 14 against two of the defendants were settled for $12 Prudential Securities Inc. Limited Partnerships million while appeals to the Ninth Circuit were pending. Securities Litigation, MDL 1005 (MP) (S.D.N.Y.). Previously, settlements with eleven other defendants Mr. Bauer is a member of the Firm’s Library totaled over $12 million. Committee. He is also a member of the American Bar Judge Janet C. Hall of the District of Connecticut Association, the New York State Bar Association, the made the following comment in In re Fine Host Association of Trial Lawyers of America, and the New Securities Litigation, (Docket No. 3:97-CV-2619 (JCH)): York County Lawyers Association. “The court also finds that the plaintiff class received Mr. Bauer was admitted as a member of the New excellent counseling, particularly from the Chair of the York Bar in January 1980 and is also admitted to the Plaintiffs’ Executive Committee, Attorney Dumain.” United States District Court for the Southern and Eastern Mr. Dumain is admitted to practice to the State Bar Districts of New York. Mr. Bauer is admitted to practice of New York, U.S. District Court for the Southern and before the United States Supreme Court and the United Eastern Districts of New York and District of States Courts of Appeals for the Second and Fourth Circuits. Connecticut, and U.S. Courts of Appeals for the First, BARRY A. WEPRIN graduated from Harvard Second, Sixth, Seventh and Eighth Circuits. College in 1974. He received a J.D. degree from the GEORGE A. BAUER III earned his B.B.A. New York University School of Law in 1978, and a degree magna cum laude in 1976 from Bernard M. master of public affairs from the Woodrow Wilson Baruch College of the City University of New York, School of Princeton University in 1978. While in law where he majored in accounting. He was awarded the school, Mr. Weprin was notes and comments editor of Andrew J. Coppola prize in Law from Baruch College. New York University Law Review. Mr. Bauer attended New York University School of Law Since joining Milberg Weiss in 1989, Mr. Weprin and graduated with a J.D. degree in 1979. has specialized in securities and insurance litigation. He Mr. Bauer’s practice concentrates on Class Action has served as co-lead counsel in a number of complex Settlements and Settlement Administration. He has securities class action litigations, including In re played a lead role in documenting and effectuating many AremisSoft Securities Litigation (D.N.J.), In re All Star of the largest and most complex securities litigations Inns Securities Litigation (S.D.N.Y.), In re York settlements ever obtained, notably including: the $1.027 Research Securities Litigation (S.D.N.Y.), and Bharucha billion settlement of the In re NASDAQ Market-Makers v. Reuters, PLC (E.D.N.Y.). He was one of the principal Antitrust Litigation, MDL No. 1023, (S.D.N.Y.); attorneys in the sales practice litigations against The settlements relating to the $2 billion estate of the Drexel New York Life Insurance Company, The New England Burnham Lambert including In re Drexel Burnham Life Insurance Service Company, The John Hancock Lambert Group, 90 Civ. 6954 (MP) (S.D.N.Y.) and the Mutual Life Insurance Company, and The Prudential $1.3 billion settlement of the In re Michael Milken & Life Insurance Company. Associates Securities Litigation, MDL 924 (S.D.N.Y.); Previously, Mr. Weprin served as law clerk to Judge settlements worth over $775 million in In re Washington Charles P. Sifton of the United States District Court for Public Power Supply Systems Securities Litigation, MDL the Eastern District of New York and was associated 551 (D. Ariz.); settlements including cash and securities with the law firm of Wachtell Lipton Rosen & Katz worth over $615 million in In re Lucent Technologies where he specialized in commercial and securities Inc. Securities Litigation, Case No 00-CV-621 (JAP) (D. litigation. From 1985 to 1989 he served as general N.J.); the $300 million cash settlement of In re Oxford counsel to the New York State Housing Finance Agency Health Plans Inc., Securities Litigation, MDL No. 1222 and the New York State Medical Care Facilities Finance (CLB) (S.D.N.Y.); the $200 million settlement in In re Agency, two agencies that issue tax exempt bonds for PaineWebber Limited Partnerships Litigation, Master financing nonprofit medical facilities and qualified File No. 94-Civ.8547 (SHS)(S.D.N.Y.); the settlement housing projects. for cash and securities worth over $137.5 million in In re Microstrategy Inc. Securities Litigation, Civil Action N. In approving the settlement in the Allstar Inns case, 00-473-A (E.D. Va, Alexandria Division); the Judge Peter Leisure stated: settlements for securities worth over $133.5 million in In We have a situation here which is a classic re Computer Associates Class Action Securities example of the benefits to be derived through the Litigation, Master File No. 98 Civ. 4839 (TCP), and In class action vehicle, to have the high quality re Computer Associates 2002 Class Action Securities representation of the class. The reputation of Litigation, Master File No,.02-CV-1226 (TCP) counsel . . . Barry Weprin of Milberg Weiss, (E.D.N.Y.); and the $110 million settlement in In re precedes them to this court and I’m familiar in

Firm Résumé 15 other matters with the case in which these lawyers upon graduation for attaining the highest academic work. average among the graduates of St. John’s College of The class was indeed fortunate to have Liberal Arts and Sciences. Ms. Weintraub attended lawyers of this caliber on this matter and the court Hofstra University School of Law and received her J.D. is satisfied that the class was well-represented and degree, with distinction, in 1986. She was a member of had the benefits of the quality of representation Law Review (1984-1985) and served as Research Editor that would not have otherwise been available if (1985-1986). Following graduation, Ms. Weintraub the class action vehicle had not been used. served as a law clerk to the Honorable Jacob Mishler, United States District Judge, United States District Court Mr. Weprin is a frequent lecturer on complex for the Eastern District of New York (1986-1987). She litigation issues. joined Milberg Weiss in 1987 following her clerkship. Mr. Weprin is a member of the American Bar Ms. Weintraub is a managing partner of the Firm and a Association, the Association of the Bar of the City of member of its Diversity Committee. New York, the New York County Lawyers Association, Ms. Weintraub has extensive securities class action and the New York State Bar Association. Mr. Weprin is experience and has acted as one of plaintiffs’ co-lead admitted to practice in New York, the United States counsel in numerous securities class action cases that District Court for the Southern and Eastern Districts of have obtained substantial recoveries for defrauded New York, the United States Court of Appeals for the investors including In re Oxford Health Plans, Inc. Second Circuit, and the United States Supreme Court. Securities Litigation, MDL Dkt. No. 1222 (CLB) DAVID A. P. BROWER received his A.B. (S.D.N.Y.), in which a cash settlement of $300 million degree from Columbia College of Columbia University was obtained. Ms. Weintraub is currently serving as co- in 1979. He received his J.D. degree from Georgetown lead counsel for plaintiffs in numerous securities class University Law Center in 1982, and attended the action cases including In re CVS Corporation Securities University of London in 1980, where he studied Litigation, No. 01-11464 (JLT) (D. Mass.), and In re comparative and international commercial law. Metromedia Fiber Network, Inc. Securities Litigation, No. 01 Civ. 7353 (CLB) (S.D.N.Y.). Ms Weintraub is Mr. Brower is a member of the National Association also one of the lead plaintiffs’ counsel in In re Mutual of Securities and Commercial Law Attorneys, and Funds Investment Litigation, MDL Dkt. 1586 (D. Md.). lectures before professional organizations in the areas of This multidistrict litigation seeks to recoup the damages securities regulation and litigation. Mr. Brower has suffered by mutual fund shareholders caused by market extensive experience in complex shareholder derivative timing and late trading activity. and securities, commodities, consumer protection, environmental, antitrust, and RICO class action litigation. Ms. Weintraub is the co-author of “Gender Bias and the Treatment of Women As Advocates,” Women in Law Mr. Brower is admitted to the Bar of the State of (1998), and of the “Dissenting Introduction” defending New York, and admitted to practice before the Supreme the merits of securities class action litigation contained Court of the United States; the United States Courts of in the 1994 monograph Securities Class Actions: Abuses Appeals for the First, Second, Fourth, Fifth, Sixth, Tenth and Remedies, which was published by the National and Eleventh Circuits; and the United States District Legal Center for the Public Interest. Court for the Southern District of New York. Ms. Weintraub is a member of the American Bar RICHARD H. WEISS received an A.B. degree Association, the New York State Bar Association, the summa cum laude from Princeton University in 1979. In Association of the Bar of the City of New York, and the 1980, he received an M.Phil. degree in international New York County Lawyers’ Association. Ms. relations from Cambridge University, England. He Weintraub was admitted to the New York Bar in March graduated from Yale Law School in 1983. 1987 and is also admitted to the United States District Mr. Weiss is admitted to practice in the State of New Court for the Southern and Eastern Districts of New York. York, the United States District Court for the Eastern BRAD N. FRIEDMAN received an B.A. degree and Southern Districts of New York, the United States in government from Cornell University in 1982 and a Courts of Appeals for the Second and Sixth Circuits, J.D. degree cum laude from New York University United States Supreme Court, and the United States School of Law in 1986, where he was a member of the Claims Court. Order of the Coif and an editor of the New York DEBORAH CLARK-WEINTRAUB attended University Law Review. Upon graduation from law St. John’s University and received a B.A. degree summa school, he began a one-year judicial clerkship with the cum laude in 1981. She received the President’s Award

Firm Résumé 16 Honorable Max Rosenn, United States Court of Appeals Pittsburgh in 1980, where he was a member of Law for the Third Circuit. Review from 1978 to 1980. Mr. Friedman has recovered billions of dollars on Mr. Westerman’s practice is primarily in the areas of behalf of injured plaintiffs, including as lead counsel in securities fraud class actions, shareholder derivative numerous “vanishing premium” and “churning” life actions and corporate mergers and acquisition litigation. insurance sales practice class actions (including cases He has served as lead or co-lead counsel in cases again Prudential and Metropolitan Life). In 2002, Mr. resulting in significant corporate governance changes Friedman acted as lead counsel on behalf of various and shareholder recoveries totaling more than $330 million. asbestos committees in the W.R. Grace bankruptcy, and Mr. Westerman has also been the moderator or successfully recovered approximately $1 billion through speaker for programs on complex litigation, a fraudulent conveyance litigation. Mr. Friedman also developments in class action practice, settlements, the has an active securities and plaintiffs’ mass tort practice. Sarbanes-Oxley Corporate Responsibility Act, shareholder Mr. Friedman is a member of the Federal Bar derivative actions and trends in business litigation. Council, the American Bar Association, the Association Mr. Westerman is an ex-officio member, and was a of Trial Lawyers of America, the New York State Bar member (2001-2003) and Co-Chair (2002-2003) of the Association and the New York City Bar Association. Central District of California Attorney Delegation to the Mr. Friedman is admitted in the courts of the State of United States Ninth Circuit Judicial Conference. He New York and New Jersey, as well as the United States serves on the Central District of California, U.S. Courts of Appeals for the Third and Fifth Circuits, and Magistrate Judge Merit Selection Panel (2003-present) the United States District Courts for the Southern and and the standing committee on Attorney Discipline Eastern Districts of New York and the District of New (2004-present). He is also a member of the Central Jersey. District of California Attorney Settlement Officer Panel JOSHUA H. VINIK graduated with honors from (1998-present ). the State University of New York at Oneonta in 1983 Mr. Westerman is currently the president of the where he majored in economics. After graduating cum Association of Business Trial Lawyers. He was on the laude from Brooklyn Law School, Mr. Vinik clerked for Board of Governors (1997-2001), Treasurer (2001- Magistrate (now Judge) Carol B. Amon of the United 2002), Secretary (2002-2003) and Vice President (2003- States District Court for the Eastern District of New York. 2004 ). He is also on the Board of Governors of the Mr. Vinik’s practice focuses primarily on class Consumer Attorneys Association of Los Angeles (2003- actions on behalf of defrauded investors, as well as present). complex commercial litigation, including accountants’ Mr. Westerman is a member of the Los Angeles liability actions and derivative actions. Mr. Vinik’s County Bar Complex Courts Bench-Bar Committee, and extensive litigation efforts on behalf of aggrieved the Bench-Bar Civil Courts Committee; and served as investors include many actions which have led to Judge Pro Tem in the Los Angeles Small Claims Court significant recoveries for investors, including In re Baan in 1987-1988, 1990, 1992-1993 and 1996-1997. He is a Securities Litigation (D.D.C.); Lasky v. Brown (United member of the Los Angeles County and Federal Bar Companies Financial Securities Litigation) (M.D. La.), Associations. He was on the California State Bar Task Kaufman v. Motorola, Inc. (N.D. Ill.) and In re Salomon Force on Complex Litigation, and Chair of the Judicial Inc. Shareholders Derivative Litigation (S.D.N.Y.). Education Subcommittee (1997). Mr. Vinik is a member of the American Bar Mr. Westerman is admitted to practice in the courts Association, The New York State Bar Association and of the State of California, as well as the United States the Association of the Bar of the City of New York. Mr. District Court for the Central District of California, the Vinik is admitted to practice in the courts of the State of United States Court of Appeals for the Ninth Circuit and New York, as well as the United States District Courts the United States Supreme Court. for the Southern and Eastern Districts of New York and the United States Courts of Appeals for the Second, EDITH M. KALLAS graduated from the Third, and Fifth Circuits. Juilliard School in 1984 with a B.M. degree in music performance and from the Fashion Institute of JEFF S. WESTERMAN received his B.A. Technology with an A.A.S., summa cum laude. She degree from Northwestern University in 1977, where he graduated with a J.D. from Benjamin N. Cardozo School was selected to two senior honorary societies. He of Law in 1987, where she was a member of the Moot received his J.D. degree from the University of Court Board.

Firm Résumé 17 Ms. Kallas is presently a Managing Partner of the Journal of Transnational Law, and the recipient of the Firm and concentrates her practice primarily in the areas Beck Prize in property law, the Toppan Prize in of healthcare and securities litigation. Her clients advanced constitutional law, and the Greenbaum Prize include: the Medical Society of the State of New York, for written advocacy. A panel chaired by Justice the Connecticut State Medical Society, the Medical Antonin Scalia also awarded Mr. Fredericks the Gov. Society of New Jersey, South Carolina Medical Thomas E. Dewey Prize for best oral argument in the Association, Tennessee Medical Association, North final round of the 1988 Harlan Fiske Stone Moot Court Virginia Medical Societies, North Carolina Medical Competition. After graduating from law school, Mr. Society, Washington State Medical Association, Hawaii Fredericks clerked for the Hon. Robert S. Gawthrop III Medical Association, Alaska Medical Association, of the U.S. District Court for the Eastern District of Vermont Medical Society, El Paso County Medical Pennsylvania from 1988-89, and then worked as an Society of Colorado, and the California Chiropractic associate at Simpson Thacher & Bartlett and Willkie Association. Farr & Gallagher. Ms. Kallas is the co-author of “Gender Bias and the At Milberg Weiss, Mr. Fredericks specializes in Treatment of Women As Advocates,” Women in Law securities and other complex commercial litigation. In (1998). Ms. Kallas has also participated as a faculty the securities area, Mr. Fredericks has represented member and/or speaker in the following conferences: investors in numerous class actions in which Milberg “Class Action Health Care Litigation,” ALI-ABA Health Weiss has been appointed sole or co-lead counsel, Care Law and Litigation Conference, 1999; “Class including In re Rite Aid Securities Litigation (E.D. Pa.); Actions: HMOs and Health Care Providers Under Bassman v. Union Pacific Corp. (N.D.Tex.); In re Attack,” ALI-ABA Life and Health Insurance Litigation MobileMedia, Inc. Securities Litigation (D.N.J.); In re Conference, 2000; “Providers (Suits by Doctors and Olsten Corp. Securities Litigation (E.D.N.Y.); Chu v. Hospital Class Actions),” ALI-ABA Health Care Law Sabratek Corp. (N.D. Ill.); Schaffer v. Evolving Systems, and Litigation Conference, 2000; “The Application of Inc. (D. Colo.); In re New Era of Networks, Inc. (D. ERISA and RICO Theories in the Age of Managed Colo.); Lirette v. Shiva Corp. (D. Mass.); Bell v. Fore Care,” The Judges and Lawyers Breast Cancer Alert, Systems, Inc. (W.D.Pa. 1998); In re Cabletron Systems, 2000; “Health Care Litigation: What You Need to Know Inc. Securities Litigation (D.N.H.); In re Vivendi After Pegram,” Practicing Law Institute, 2000; “Provider Universal S.A. Securities Litigation (S.D.N.Y.), and Suits by Doctors and Hospitals v. HMOs,” ALI-ABA Irvine v. Imclone Systems, Inc. (S.D.N.Y.). Mr. Health Care Law and Litigation Conference, 2001; The Fredericks has also successfully represented several Joint Seminar Session of the School of Allied Health and institutional clients (including Mexico’s TV Azteca and Health Law Section at Quinnipiac University School of Australia’s Australis Media Group) in private Law, 2001; The CLE Conference presented by the commercial disputes at both the trial and appellate level. American Society of Medical Association Counsel, See, e.g., National Broadcasting Co. (NBC) v. Bear 2002; “The Unique Role of The Medical Society Stearns & Co., et al., 165 F.3d 184 (2d Cir. 1999); News Effectively Litigating for Change in the Healthcare Ltd. v. Australis Holdings Pty. Limited., 728 N.Y.S. 2d 667 Arena”, American Academy of Otolaryngology (1st Dep’t 2001) and 742 N.Y.S. 2d 190 (1st Dep’t 2002). Presidential - Board of Governors Special Seminar 2002. Mr. Fredericks has been a panelist on various Ms. Kallas is a member of the Association of the Bar securities litigation programs sponsored by different of the City of New York, the New York State Bar organizations, including the Practising Law Institute. He Association and the New York County Lawyers’ is the author, most recently, of “Recent Developments in Association. Ms. Kallas is admitted to the New York Civil Securities Fraud Litigation” (with Melvyn I. State Bar, the United States District Court for the Weiss) published in SEC Disclosure Accounting and Southern and Eastern Districts of New York and the Enforcement (Glasser LegalWorks, April 2002). United States Courts of Appeals for the Second, Third Mr. Fredericks is a member of the Association of the and Sixth Circuits. Bar of the City of New York, and is a former chairman WILLIAM C. FREDERICKS graduated with of the Association’s Committee on Military Affairs and high honors from Swarthmore College in 1983 with a Justice. Mr. Fredericks is admitted to practice before the B.A. degree in political science, and earned his M.Litt. courts of New York State, the United States District degree in international relations from Oxford University Courts for the Southern and Eastern Districts of New (England) in 1988. In 1988, he also received his J.D. York and the District of Colorado, and the United States degree from Columbia University, where he was a three- Courts of Appeals for the Second, Third, Sixth and Tenth time Harlan Fiske Stone Scholar, a Columbia University Circuits. He has also been admitted pro hac vice by, and International fellow, an articles editor of The Columbia

Firm Résumé 18 argued before, the Supreme Court of the State of New Mr. Graziano has achieved significant legal Jersey (see Kaufman v. I-Stat Corp., 165 N.J. 94 (2000). precedent at the district and appellate court level nationwide, including the seminal Second Circuit JANINE L. POLLACK graduated from Rutgers decision of Novak v. Kasaks, 216 F.3d 300 (2d Cir. University in 1986, with high honors, with a B.A. She 2000), interpreting the pleading standards of the Private majored in English and French and was a member of Phi Securities Litigation Reform Act of 1995. Beta Kappa. In 1989, Ms. Pollack earned her J.D. from the University of Pennsylvania School of Law. She was Mr. Graziano is presently a member of the Financial a member of the International Journal of Business Law. Reporting Committee of the Association of the Bar of Since joining Milberg Weiss in 1991, Ms. Pollack has the City of New York and previously served on the prosecuted numerous different class actions, including Securities Regulation Committee of the New York City securities and consumer fraud, sex discrimination and Bar Association. Mr. Graziano has served as a panelist annuities cases. She is a member of the firm’s Hiring on numerous securities litigation programs. Mr. Committee; runs the firm’s CLE program; is in charge Graziano is admitted to practice before the courts of New of, and a mentor in, the firm’s Mentor program; and is an York State, the United States District Courts for the editor for numerous of the firm’s publications and Southern and Eastern Districts of New York and the brochures. Ms. Pollack has spoken at numerous United States Courts of Appeals for the Second and conferences and CLE programs, including Mealey’s and Eleventh Circuits. the firm’s in-house CLE program. J. DOUGLAS RICHARDS earned his A.B. Ms. Pollack is a member of the American Bar degree in 1977 from the University of Chicago, majoring Association. She was admitted to the New York State in economics, and earned his J.D. degree in 1981 from Bar in 1990. She was also admitted to the New Jersey Harvard Law School. Before joining Milberg Weiss in State Bar in 1989, as well as the U.S. District Court for June 2000, he served for nearly three years as deputy the District of New Jersey. In 1990, Ms. Pollack was general counsel of the Commodity Futures Trading admitted to the U.S. District Court for the Southern and Commission (CFTC) in Washington, D.C. Before Eastern Districts of New York. joining the CFTC, he was a litigator for more than 12 years with O’Sullivan Graev & Karabell, LLP in New KIRK E. CHAPMAN graduated cum laude from York, first as a litigation associate from 1985-89 and Harvard University in 1985 with a B.A. degree in then as a litigation partner from 1989 to October 1997 biochemistry. He received his J.D. in 1989 from the when he left to join the CFTC. From 1981 to 1985, he University of Chicago where he was a member of the was a litigation associate with Cahill Gordon & Reindel Legal Forum publication. Mr. Chapman’s major in New York. practice areas are securities fraud class actions and employment discrimination matters. Mr. Richards is a member of the American Bar Association (Antitrust Section), the Antitrust Section of Mr. Chapman is admitted to practice in the Courts of the Association of the Bar of the City of New York, the the State of New York as well as the United States Advisory Board of the American Antitrust Institute, and District Courts for the Southern and Eastern Districts of the New York State Bar Association (Commercial and New York. Federal Litigation Section, Committee on Civil Practice SALVATORE J. GRAZIANO graduated from Law and Rules). New York University School of Law in 1991, cum laude. An experienced commercial litigator with a Upon graduation from law school, Mr. Graziano served particularly extensive background in litigation relating to as an assistant district attorney in the Manhattan District trade regulation and corporate finance, Mr. Richards is Attorney’s Office until he joined Milberg Weiss in 1995. admitted to practice before the United States Supreme Mr. Graziano is a member of the Firm’s Management Court; the U.S. Courts of Appeals for all Circuits except Committee. Mr. Graziano, an experienced trial attorney, the First and Federal Circuits; the U.S. District Courts has taken a leading role in a number of the Firm’s major for the Southern, Eastern, Northern and Western securities fraud class actions including cases against: Districts of New York; the District of Connecticut; and Raytheon Company and PricewaterhouseCoopers LLP all New York State Courts. He has argued more than (total recoveries of $460 million); MicroStrategy, Inc. twenty appeals in the federal and state courts of appeals, and PricewaterhouseCoopers LLP (total recoveries including more than a dozen appeals in the Second valued at approximately $200 million); i2 Technologies, Circuit. Inc. (total recovery of $84.85 million (pending final MICHAEL M. BUCHMAN attended North court approval)); and Aetna Inc. (total recovery of $82.5 Carolina State University’s Textile Engineering & million). Management program, later graduating cum laude from

Firm Résumé 19 Alfred University where he received a B.A. degree and also one of the principal liaison counsel on behalf of divisional honors in history in 1988. In 1992, he plaintiffs in the Initial Public Offering Securities received a J.D. degree from The John Marshall Law Litigation, which is pending in the United States District School where he was a member of an award winning Court for the Southern District of New York. In that International Moot Court team. The following year, he capacity, she manages, on a day-to-day basis, more than received an LL.M. degree in international antitrust and 300 separate class actions which have been coordinated trade law from Fordham University School of Law. for pretrial purposes. Among the thousands of defendants in these actions are 55 of the most prominent Prior to joining the Firm, Mr. Buchman served as an investment banks in the United States and more than 300 assistant attorney general in the Antitrust Bureau of the corporate issuers. New York State Attorney General’s Office. Mr. Buchman’s practice has been devoted heavily to Ms. Tadler has attended numerous lectures and nationwide litigation in federal and state courts focusing seminars nationwide at which she has been a selected on the prosecution of complex antitrust, consumer speaker on various topics. Recent conferences include: protection and privacy class actions. The Sedona International Conference, “International Electronic Information Management Discovery and Mr. Buchman has recently spearheaded an effort, on Disclosure” (July 2005); ABA Panel Securities Section behalf of consumers and third-party payors, to challenge Meeting, "Recent Developments in Federal Securities a variety of practices by pharmaceutical companies Class Actions" (August 2005); 8th Circuit Judicial designed to prevent lower priced, therapeutically Conference, “Panel on E-Discovery;” Women’s Judicial equivalent generic drugs from entering the market or to Conference, "Ruling on Discovery in a High Tech otherwise artificially inflate brand name prescription World" (October 2005); SEC Institute Conference, drug prices. He has served in a leadership capacity in “Staying Out of Trouble with the SEC, Analysts and the these cases many of which have been resolved Plaintiff’s Bar” (October 2005); Morrison & Foerster successfully. See In re Buspirone Antitrust Litigation, LLP/NASDAQ, Panel Series: “Corporate Board Member MDL 1413 (S.D.N.Y.)(JGK) ($90 million settlement); In Liability: How Your Personal Assets Could Be At Risk In re Relafen Antitrust Litigation, 01-12222-WGY (D. the Event Of Corporate Litigation;” PLUS Seminar: Mass.) ($75 million settlement pending); In re “Corporate Governance And Corporate Risk: Augmentin Antitrust Litigation, 02 Civ. 445 (E.D. Va., Implications Of Sarbanes-Oxley For Underwriting And Norfolk Div.) (HCM) ($29 million settlement). He has Claims” (February 2005); Mealey’s Advanced E- also participated in the prosecution of In re NASDAQ Discovery Conference (September 2004); Directors and Market-Makers Antitrust Litigation, MDL 1023 Officers Symposium: An Overview of the Mediation (S.D.N.Y.) (RWS), which is one of the largest antitrust Process; Practicing Law Institute, Symposium: “D&O settlements in the more than one hundred year history of Liability and Insurance 2004: Directors & Officers the Sherman Act ($1.027 billion). Under Fire;” National Economic Research Associates: The author or co-author of articles in international IPO Allocation; and American Bar Association: Pros and domestic legal publications concerning procedure or and Cons of Laddering Cases. Ms. Tadler is also a competition law issues, Mr. Buchman has also served as member of the Steering Committee of The Sedona a lecturer for the Practising Law Institute on state unfair Conference and has been a selected speaker on various deceptive acts and practices statutes. panels regarding “Electronic Document Retention and Production.” She is also an active member of the New In addition to his admission to practice in York Inn of Court. Connecticut and New York, Mr. Buchman is admitted to practice in the United States District Courts for the Ms. Tadler is a member of the firm's Management Southern and Eastern Districts of New York, the United Committee and Hiring Committee, and serves as a States District Courts for Arizona and Connecticut, the mentor to the firm's associates. United States Court of Appeals, Second Circuit, and the Ms. Tadler graduated from Hamilton College in 1989 United States Court of International Trade. with a Bachelor of Arts degree. In 1992, she received her ARIANA J. TADLER has extensive experience J.D. from Fordham University School of Law, where she litigating complex securities class actions, including was the Articles and Commentary Editor of the Fordham certain high profile, fast-paced cases. In less than four Urban Law Journal, a member of the Moot Court Board years, she litigated three cases in the Eastern District of and the 1990 recipient of the American Jurisprudence Virginia (aka the "Rocket Docket"), including In re Award in Criminal Law. She is the co-author of MicroStrategy Securities Litigation, in which plaintiffs' "Damages in Federal Securities Litigation," Securities counsel negotiated settlements valued at more than $150 Litigation 1991: Strategies and Current Developments, million with the company and the auditor. Ms. Tadler is Practicing Law Institute, 1991.

Firm Résumé 20 Ms. Tadler is admitted to the Bars of the States of named a “Rising Star of Washington Law” by her fellow New York and New Jersey, as well as the United States practitioners in Seattle. Rising Stars are considered to be District Court for the Southern and Eastern Districts of Washington’s top lawyers under the age of 40. New York, the District of New Jersey and the United In addition to lecturing on class action practice, she States Court of Appeals for the Third Circuit. In recently served as Co-Chair of the Continuing Legal addition, she is a member of the Federal Bar Council, the Education Committee of the Federal Bar Association for American Bar Association, the Association of Trial the Western District of Washington. Lawyers of America, the New York State Bar Association and the New York County Lawyers Ms. Feldman’s representative recoveries exceed $100 Association. Ms. Tadler is also involved in various million. Recently, she recovered millions of dollars for charity and community organizations. She is currently a class members in litigation involving ConAgra Foods, board member and Co-Chair of Development for MFY Inc. (D. Neb.), Amazon.com (W.D. Wash.) (settlement Legal Services. pending approval), Paradigm Medical Industries (D. Utah), SpectraLink Corporation (D. Colo.) and Cutter & LEE A. WEISS earned his undergraduate degree Buck (W.D. Wash.). She is currently representing from Emory University in 1988 and his J.D. degree, with shareholders in litigation involving, among several honors, from The George Washington University in others, Washington Mutual, Inc. (W.D. Wash.), Select 1991. Medical (E.D. Pa.), Rhythms Net Connections (D. Mr. Weiss focuses his practice primarily on class Colo.), Gilead Sciences, Inc. (N.D. Cal.), and Digimarc actions on behalf of defrauded investors and consumers, Corporation (D. Oregon). She is also currently as well as complex commercial litigation. His extensive representing participants and beneficiaries of retirements securities fraud litigation experience includes significant plans in ERISA litigation involving Pfizer, Inc. settlements for class members in In re IKON Office (S.D.N.Y) and The Coca-Cola Company (N.D. Ga.). Solutions Securities Litigation (E.D. Pa.) and In re Ms. Feldman’s zealous advocacy has resulted in Computer Associates Securities Litigation (E.D.N.Y.). important reported decisions by courts interpreting the Mr. Weiss currently represents investors in In re Sara federal securities laws, including but not limited to Lee Securities Litigation (N.D. Ill.), In re Bayer AG Gebhardt v. ConAgra Foods, Inc., 335 F.3d 824 (8th Securities Litigation (S.D.N.Y.), and In re Atlas Air Cir. 2003) (important loss causation and materiality Worldwide Holdings Inc. Securities Litigation appellate court ruling); In re Rhythms NetConnections (S.D.N.Y.). Additionally, Mr. Weiss currently Securities Litigation, 300 F. Supp. 2d 1081 (D. Colo. represents purchasers of deferred variable annuities in 2004) (denying motion to dismiss); Kerns v. SpectraLink several fraud class actions in which Milberg Weiss is Corp., No. 2-D-263, 2003 U.S. Dist. Lexis 11711 (D. lead counsel, including Nelson v. Pacific Life Insurance Colo. July 1, 2003) (granting class certification); and In Company (S.D. Ga.) and Douglass v. American United re Secure Computing Corp., 184 F. Supp. 2d 980 (N.D. Life Insurance Co. (Ind.). Cal. 2001) (denying motion to dismiss). Mr. Weiss is a member of the Firm’s Hiring and Ms. Feldman is admitted to the Bars of the States of Technology Committees, and serves as a mentor to the Washington and New York. Firm’s associates. Mr. Weiss is also a member of the American Bar Association. In addition to the New York ELAINE S. KUSEL graduated from Boston State Bar, Mr. Weiss is admitted to the United States University in 1987 with B.A. degrees in economics and District Courts for the Southern and Eastern Districts of international relations. While working full time, Ms. New York, and the United States Courts of Appeals for Kusel attended The George Washington University Law the Fourth and Eleventh Circuits. School as a full time student, graduating in 1994. LORI G. FELDMAN protects the rights of Ms. Kusel represents clients in complex litigation shareholders in federal and state courts across the nation. stemming from corporate wrongdoing in a variety of From 2000 through mid-2005, she served as Managing areas, focusing particularly on federal securities and Partner of the Firm’s Seattle Office. While she is now consumer fraud actions. practicing in the Firm’s New York Office, Ms. Feldman Most notably, Ms. Kusel played a leading role in the continues to maintain close ties to Washington State and Firm’s prosecution of a securities fraud action against the Pacific Northwest. Lucent Technologies in which lead counsel recovered Ms. Feldman is the daughter of retired public more than $600 million for injured class members—the employees and understands the importance of protecting third largest securities settlement in history. the investments of all workers and their families against In addition, Ms. Kusel is the lead attorney in the corporate fraud. In 2002-2003 and 2004-2005, she was Abdullah v. Pfizer case, in which she represents Nigerian

Firm Résumé 21 children enrolled in a clinical trial by Pfizer without their Mr. Scotti is a member of the New York State and families’ informed consent. The Abdullah case is American Bar Associations and co-chairs the firm’s notable because it is one of the first cases in which a Summer Associate Program. Court determined that plaintiffs could proceed with a RACHEL S. FLEISHMAN graduated from New claim under the Alien Tort Claims Act against a York University in 1989 with a B.A. degree in politics. corporate defendant for claims other than those related to She received her J.D. degree from St. John’s University war time conduct. School of Law, cum laude, in 1992, where she was an Ms. Kusel also represents whistleblowers bringing articles editor for the St. John’s Law Review. Ms. federal Qui Tam cases on behalf of individuals who have Fleishman served as a law clerk to United States District uncovered fraud being committed by entities doing Judge Jed S. Rakoff. business with the federal government. Prior to joining Milberg Weiss in 2002, Ms. Prior to joining Milberg Weiss, Ms. Kusel pursued Fleishman was associated with the law firms Dewey her interest in public interest work by spending eight Ballantine and Fried Frank Harris Shriver & Jacobson. years working in the U.S. House of Representatives, At those firms, Ms. Fleishman’s practice included a eventually serving as legislative director and counsel to a broad range of complex commercial and securities member of Congress serving on the House Commerce litigation, as well as representation of clients in SEC, Committee. NASD and criminal investigations. Ms. Fleishman’s clients have included investment banks, top-tier banks, Ms. Kusel co-chairs the Firm’s Summer Associate lending institutions and a variety of major manufacturing Program and serves on the Firm’s Diversity Committee. companies. She also led the Firm’s pro bono work with Trial Lawyers Care on behalf of the victims of September At Milberg Weiss, Ms. Fleishman’s practice includes 11th. Ms. Kusel is a member of the Association of Trial securities litigation and complex commercial litigation. Lawyers of America, the New York State Bar Ms. Fleishman is admitted to the bar in New York Association and the American Bar Association. Ms. and Massachusetts. Ms. Fleishman is also admitted to Kusel is admitted to practice in the courts of the State of practice before the Sixth and Eleventh Circuit Courts of New York, as well as the United States District Courts Appeals and the United States District Courts in the for the Southern District of New York, and the Eastern Southern, Eastern and Western Districts of New York. District of Michigan. BETH A. KASWAN received her B.B.A. degree DANIEL B. SCOTTI focuses his practice from the University of Miami in 1973 and her J.D. primarily on litigating federal securities fraud class degree from Boston College Law School in 1976. Ms. actions on behalf investors who have suffered Kaswan has practiced with Milberg Weiss since 1998 economic harm as a result of the deceptive conduct of where she has represented plaintiffs in cases involving corporate wrongdoers. Mr. Scotti has extensive securities and consumer fraud. Ms. Kaswan served in a experience in this practice area and his efforts have leadership role in the Oxford Health Plan Securities contributed to a number of very favorable settlements Litigation, which eventually settled for $300 million, for class members, including: In re MicroStrategy, including $75 million against Oxford’s accountant, Inc. Securities Litigation (E.D. Va.); In re Box Hill KPMG. She is litigating several other financial fraud Systems Securities Litigation (S.D.N.Y.); In re Penn matters, including a case against a Bermuda-based Treaty American Corp. Securities Litigation (E.D. reinsurance company and KPMG alleging improper Pa.); In re Motorola, Inc. Securities Litigation (N.D. accounting for policyholder liabilities and improper Ill.). Mr. Scotti is one of the principle lead attorneys amortization of deferred acquisition costs. Immediately representing the certified Class in an action against before joining Milberg Weiss, Ms. Kaswan served in the Canadian telecommunications giant Nortel Networks Giuliani administration as New York City’s chief Corporation, currently pending before Judge Richard procurement officer, a deputy commissioner in the M. Berman in the Southern District of New York Department of Investigations and the Finance After receiving an LL.M. in securities regulation Department’s chief counsel. from the Georgetown University Law Center in 1994, Ms. Kaswan began her career at Peat, Marwick, Mr. Scotti joined the litigation department of Prudential Mitchell & Co. and later served as a trial attorney with Securities Incorporated where he defended the firm at the U.S. Department of Justice, Tax Division. In 1985, more than fifty securities arbitration hearings in just one she joined the U.S. Attorney’s Office for the Southern year. From 1995 though 1997, Mr. Scotti was associated District of New York, and was promoted to Chief of with the Chicago law firm of Ungaretti & Harris, where Commercial Litigation and then Deputy Chief of the he continued to hone his skills as a securities litigator.

Firm Résumé 22 Civil Division. While employed by the government, Ms. principal law clerk to Justice Herman Cahn of the Kaswan litigated several high-profile cases to judgment, Commercial Division of the New York State Supreme including the landmark case of United States v. Court, New York County (1990-1998). Gleneagles Investment. Co., where following a multi- Mr. Kaufman focuses on class action litigating on stage, thirteen-month trial, the fraudulent conveyance behalf of defrauded investors and consumers as well as laws were first applied to set aside a leveraged buy-out. complex commercial litigation. Mr. Kaufman is a She also represented the Federal Reserve for its member of the bars of New York, New Jersey, the enforcement actions against the rogue bank, BCCI, United States District Courts for the Districts of New leading to the global RICO plea agreement and forfeiture York and New Jersey and the United States Court of of BCCI’s $550 million of United States assets; the IRS Appeals for the Fourth Circuit. for its $5 billion claim against Drexel, the Defense Department and MARAD for qui tam and other false CLIFFORD S. GOODSTEIN earned his A.B. claims actions against Goodyear Aerospace, Loral and degree from Harvard University in 1988 and his J.D. General Dynamics and the FDA to enjoin the degree from New York University School of Law in manufacture of adulterated generic drugs. See, e.g., 1993. After graduation, he served as a law clerk to the United States v. Gleneagles Investment Co., 565 F. Supp. Honorable Alex T. Howard, Jr., Chief Judge of the 556 (“Gleneagles I”), 571 F. Supp. 935 (“Gleneagles United States District Court for the Southern District of II”), 584 F. Supp. 671 (“Gleneagles III”) (M.D. Pa. Alabama, and then as an associate at Reboul, 1981), aff’d in part and rev’d in part sub. nom., United MacMurray, Hewitt, Maynard & Kristol and Baker & States v. Tabor Court Realty Corp., 803 F.2d 1288 (3d Botts prior to joining Milberg Weiss in January of 1998. Cir. 1986); In re Smouha (“BCCI”), 136 B.R. 921 Mr. Goodstein works on a variety of actions on (S.D.N.Y. 1992); United States v. Davis, 803 F.Supp. behalf of classes as well as individuals in consumer 830 (S.D.N.Y. 1992), aff’d in part and rev’d in part sub. fraud, securities, antitrust, health care, and other areas. nom., United States v. General Dynamics Corp., 19 F.3d Mr. Goodstein is a member of the bars of New York and 770 (2d Cir. 1994); United States v. Barr Laboratories, New Jersey. Inc., 812 F.Supp. 458 (D.N.J. 1993). SETH D. RIGRODSKY received his B.A. Ms. Kaswan has received several awards from the degree magna cum laude, with honors in history, from Justice Department and the agencies she represented, Brandeis University in 1985. In 1990, he received his including the Justice Department’s John Marshall award, J.D. degree, magna cum laude, from Georgetown Special Commendation from the Attorney General, a University Law Center, were he was awarded Order of Superior Performance award from the Executive Office the Coif and served as a senior articles editor for the of U.S. Attorneys, Tax Division Outstanding Georgetown University Law Journal. After graduation Achievement awards, and awards from the FDA from law school, Mr. Rigrodsky was a law clerk to the Commissioner and U.S. Customs Service. She has Honorable Andrew G.T. Moore, II, of the Delaware testified before the New York legislature as a Supreme Court. government expert on money-laundering and lectured in Justice Department training programs on evidence and Following his clerkship, Mr. Rigrodsky was other subjects. associated with the law firms Wachtell, Lipton, Rosen & Katz in New York City, and Morris, Nichols, Arsht & Ms. Kaswan is admitted to practice in the courts of Tunnell in Wilmington, Delaware, where he the States of New York and Massachusetts, as well as the concentrated his practice on corporate and complex United States District Courts for the Southern District of business litigation. In 1994, Mr. Rigrodsky joined New York and the United States Court of Appeals for Morris and Morris in Wilmington, Delaware, where he the Second Circuit. became a partner beginning in January 2000, and BENJAMIN Y. KAUFMAN earned his B.A. represented investors in numerous federal and state class degree from Yeshiva University in 1985 and his J.D. and shareholder derivative lawsuits. degree from Benjamin N. Cardozo School of Law, Mr. Rigrodsky is a member of the bars of the States Yeshiva University in 1988, where he was a Belkin of Delaware and New York, the United States District Fellow, Belkin Scholar, and a member of the Cardozo Courts for Delaware and the Southern District of New Arts and Entertainment Law Journal. Mr. Kaufman also York, and the Courts of Appeals for the Second, Third received a M.B.A. degree in finance from the Stern and Fourth Circuits. School of Business of New York University in 1999. Prior to joining Milberg Weiss in August of 1998, Mr. PETER SAFIRSTEIN graduated from The Kaufman was a court attorney for the New York State George Washington University in 1978 with a B.A. Supreme Court, New York County (1988-1990) and degree. He received an M.A. degree in government

Firm Résumé 23 (concentration in international relations) from Business Journal’s “Best of the Bar” as one of the best Georgetown University in 1980. In 1985, he earned his lawyers in South Florida. Ms. Saxena is a member of J.D. degree from Brooklyn Law School where he was a the Florida State Bar, and is admitted to practice before member of the Brooklyn Law Review and the Moot Court the U.S. District Courts for the Southern, Northern and Honors Society. Prior to joining Milberg Weiss, Mr. Middle Districts of Florida, as well as the Eleventh and Safirstein was in private practice. In addition, Mr. Fifth Circuit Courts of Appeals. Safirstein served as a staff attorney in the Enforcement JOSEPH P. GUGLIELMO graduated cum laude Division for the U.S. Securities and Exchange from The Catholic University of America in 1992 with a Commission from 1985-1990. In 1988-89, Mr. B.A. degree in political science. In 1995, Mr. Guglielmo Safirstein was designated as a special assistant United graduated from the Columbus School of Law at The States attorney in the Southern District of New York Catholic University of America where he received a where he was part of the trial team which prosecuted certificate of public policy in addition to his J.D. degree. United States v. Regan, (the “Princeton/Newport” case) and United States v. Lisa Jones. Mr. Safirstein later Mr. Guglielmo is the co-author of “Class Actions In served as an assistant United States attorney in the The Healthcare Context” which was published for the Southern District of Florida. following healthcare conferences: “Class Action Health Care Litigation,” ALI-ABA Health Care Law and Mr. Safirstein is a member of the American Bar Litigation Conference, 1999; “Class Actions: HMOs and Association and the Association of the bar of the City of Health Care Providers Under Attack,” ALI-ABA Life New York. Mr. Safirstein is a member of the Bars of the and Health Insurance Litigation Conference, 2000; State of New York and the State of New Jersey and is “Providers (Suits by Doctors and Hospital Class also admitted to practice before the Supreme Court of the Actions),” ALI-ABA Health Care Law and Litigation United States, the United States Courts of Appeals for Conference, 2000; “The Application of ERISA and the Second and Third Circuits, the District Court of the RICO Theories in the Age of Managed Care,” The Southern and Eastern Districts of New York and the Judges And Lawyers Breast Cancer Alert, 2000; and District Court of New Jersey. “Health Care Litigation: What You Need to Know After MAYA S. SAXENA graduated from Syracuse Pegram,” Practicing Law Institute, 2000. Mr. Guglielmo University summa cum laude in 1993 with a dual B.A. is also the co-author of “An Overview Of Class Action degree in policy studies and economics, and graduated Litigation In the Managed Care Context” which was with a J.D. degree from Pepperdine University School of published for the following healthcare conferences: Law in 1996. “Provider Suits by Doctors and Hospitals v. HMOs,” ALI-ABA Health Care Law and Litigation Conference, Prior to joining Milberg Weiss Bershad & Schulman 2001, and American Society of Medical Associations in 1998, Ms. Saxena was employed as an assistant Counsel, Fall 2002. attorney general. As an assistant attorney general, Ms. Saxena represented the State of Florida and its agencies Mr. Guglielmo is a member of the New York State, and officers in civil cases at the appellate and trial level, District of Columbia and American Bar Associations and and prepared amicus curiae briefs in support of state the Association of the Bar of the City of New York. Mr. policy goals attendant to issues presented in state and Guglielmo was admitted to the New York State Bar in federal court cases. Ms. Saxena also represented the 1996, the District of Columbia Bar in 1997 and the Florida Highway Patrol and other law enforcement United States Supreme Court in 2003. He is also agencies in civil forfeiture trials. admitted to practice before the United States District Courts for the Southern and Eastern Districts of New Ms. Saxena currently specializes in securities fraud York and the District of Colorado. litigation, and was involved in several significant cases which have resulted in significant recoveries for BRIAN C. KERR graduated summa cum laude defrauded investors, including, among others, cases such from the University at Albany in 1993, where he was as In re Sunbeam Securities Litigation; In re Sensormatic valedictorian, a member of Phi Beta Kappa, co-founder Inc. Securities Litigation; In re Hamilton Bancorp Inc. of the Presidential Honors Society, and the recipient of Securities Litigation, and In re Aviation Sales Inc. the Karp Prize in Economics. In 1996, he received his Securities Litigation. Ms. Saxena is presently serving as J.D. degree from Hofstra University, where he was a lead or co-lead counsel in numerous federal class action member of the Hofstra Law Review and a Dean’s securities cases in the Southeast. Scholar. He was admitted to the bar of the State of Connecticut in 1996 and the State of New York in 1997. Ms. Saxena is a member of the Palm Beach County Bar Association, and the American Bar Association. Ms. Mr. Kerr joined the Firm in 1998. His practice Saxena was recently recognized in the South Florida focuses on securities litigation, consumer fraud,

Firm Résumé 24 deceptive insurance sales practices, commercial California, the Southern and Eastern Districts of New litigation and mass torts. Mr. Kerr has been actively York, the U.S. District Court of Colorado as well as the involved in prosecuting complex lawsuits against the Ninth Circuit Court of Appeals. following companies and/or their officers and directors: PETER E. SEIDMAN earned his B.A cum laude Tyco International, Ltd., Vivendi Universal, S.A., The from Hobart College in 1979, following which he served News Corporation Ltd., Twentieth Century Fox Film as a Peace Corps volunteer living and working among Ltd., Paramount Pictures Corp., Sony Pictures the Guarani, an indigenous tribe in Paraguay. He earned Entertainment, Inc., Universal City Studios, Inc., Kmart an M.A. degree in journalism in 1982 from the Corp., Rite Aid Corp., Bear, Stearns & Co. Inc., University of Michigan and subsequently worked as a PricewaterhouseCoopers, KPMG, Nationwide Life journalist for a variety of publications. In 1994, he was Insurance Co., The Equitable Life Assurance Society of awarded a J.D. degree cum laude from the University of the United States, General Instrument Corp., Sulzer Michigan Law School. Orthopedics, Inc., and United States Gypsum. Mr. Seidman joined Milberg Weiss in 2000 as an Mr. Kerr is also actively involved in the Firm’s pro associate. He actively engages in the investigation and bono efforts, representing indigent prisoners in civil prosecution of securities litigation on behalf of defrauded rights cases before the Second Circuit Court of Appeals, investors. Before joining Milberg Weiss, he was an and working with Trial Lawyers Care to provide free associate with the New York law firm of Orans, Elsen & legal assistance to the families of victims of the Lupert LLP for five years, where he was active in both September 11th attacks. civil and white collar criminal litigation in federal and Mr. Kerr is a member of the Association of the Bar state courts. of the City of New York, the New York State Bar Mr. Seidman is admitted to practice in the courts of Association, and the Association of Trial Lawyers of the State of New York, as well as the United States America. Mr. Kerr is admitted to practice before the District Courts for the Northern, Southern, and Eastern United States District Courts for the Southern and Districts of New York. Eastern Districts of New York, as well as the United States Court of Appeals for the Third Circuit. ANITA BRASS KARTALOPOULOS graduated with a B.A. degree from the University of IM ILLER graduated with a B.A. degree with K M Toledo, with honors in 1974, majoring in classics, and honors from Stanford University in 1992 with a double graduated from Seton Hall Law School in 1982, with major in English and psychology. She earned her J.D. emphasis on health care law. Ms. Kartalopoulos works degree from Cornell Law School, cum laude, in 1995. primarily in the areas of insurance, consumer fraud, While at Cornell, Ms. Miller acted as co-chair of the securities and managed care. Before joining Milberg Women’s Law Symposium, as bench brief editor of the Weiss in 1998, she was in government service in the Cornell Moot Court Board, and as a member of the State of New Jersey, holding several positions including Board of Editors of the Cornell Journal of Law & Public deputy commissioner of insurance for life and health, Policy. She is admitted to practice in the States of director of legal regulatory affairs for the Department of California and New York and before the United States Health and Senior Services and executive director of the District Courts for the Southern and Eastern Districts of New Jersey Real Estate Commission. New York and the Northern, Southern, and Central Districts of California. As deputy commissioner of insurance she managed the New Jersey Insurance Department’s Multi-State Task MICHAEL REESE graduated from New College Force investigating the sales practices of the Prudential in 1992 with a B.A. in history and thereafter received his Insurance Company. She also served on the Board of J.D. degree from the University of Virginia School of Directors of MBL Insurance Company as a rehabilitator Law in 1996. Upon graduation from law school, Mr. and managed litigation pursuant to the company’s Reese served as a trial attorney at the Manhattan District rehabilitation. Attorney’s Office where he prosecuted violent felony and white collar crime. Thereafter as director of legal and regulatory affairs for the Department of Health and Senior Services, Ms. Mr. Reese joined Milberg Weiss in 2000 and has Kartalopoulos was responsible for litigation practiced in both its California and New York offices. management, the development of all regulations Mr. Reese’s work focuses on antitrust, securities and implementing the New Jersey Healthcare statutes, the consumer fraud class action cases. Mr. Reese is a development and implementation of a streamlined member of the state bars of New York and California Certificate of Need (CN) law, and the development of and is admitted to practice before the U.S. District stringent prompt payment regulations to ensure that Courts for the Northern and Eastern Districts of

Firm Résumé 25 HMO’s meet contractual obligations to physicians and Mr. Breit has been a frequent panelist at Mealey’s ensure the stability of the health care network for the litigation conferences involving toxic and mass torts and benefit of consumers. groundwater contamination. As executive director of The New Jersey State Real Mr. Breit is a member of the Association of the Bar Estate Commission, Ms. Kartalopoulos was responsible of the City of New York, where he served on the Art for implementing consumer disclosure/protection Law Committee, the Committee on State Courts of regulations which had been long opposed by the New Superior Jurisdiction, the Committee on Federal Jersey real estate industry. She was also responsible for Legislation, and currently the Committee on the all disciplinary investigations and hearings against Judiciary; the Association of Trial Lawyers of America; realtors, the inspection and registration of out of state and the New York State Trial Lawyers Association. Mr. land sales marketed in the State of New Jersey, Breit is admitted in New York, New Jersey and Virginia continuing licensing of 84,000 realtors and brokers and and the U.S. District Courts for the Southern and Eastern the on-going development of real estate regulations. Ms. Districts of New York, the District of New Jersey, the Kartalopoulos also worked with New Jersey Attorney Eastern District of Virginia and the U.S. Court of General Deborah Poritz in the development of Megan’s Appeals for the Second Circuit. Law. WAI Y. CHAN graduated from Duke University Prior to government service, Ms. Kartalopoulos in 1987 with a B.A. in economics and history. He specialized in local government law and land use received his J.D. from Brooklyn Law School in 1994. representing a number of municipal governments, Mr. Chan is admitted to practice in the courts of the State planning boards and boards of adjustment. She was of New York and the State of New Jersey. responsible for litigation before both the State and BRUCE D. BERNSTEIN graduated from the Federal Courts, and negotiated significant settlements University of Vermont in 1994 with a B.A. degree. In with the New Jersey Council on Affordable Housing 1997, he earned his J.D. degree from The George (COAH) for the benefit of low income residents of the Washington University Law School. State. Mr. Bernstein joined Milberg Weiss in 1999. His Ms. Kartalopoulos was admitted to the bar of New practice focuses primarily on class actions on behalf of Jersey and the U.S. District Court, District of New defrauded investors and consumers, as well as complex Jersey, the same year. She is also admitted to the U.S. commercial litigation. His extensive securities fraud Courts of Appeals for the Federal Circuit and the 3rd litigation experience includes being a member of the Circuit. team that achieved a significant settlement for class MITCHELL M. BREIT graduated with a B.A. members in In re Oxford Health Plans, Inc. Securities degree from the University of North Carolina at Chapel Litigation (S.D.N.Y.). He currently represents investors Hill in 1972 and received his J.D. degree from in In re Merck & Co., Inc. Securities, Derivative & Southwestern University School of Law in Los Angeles "ERISA" Litigation (D. N.J.), In re Martha Stewart in 1979. Living Omnimedia, Inc. Securities Litigation (S.D.N.Y.), and In re PNC Financial Services, Inc. Securities Mr. Breit serves as co-liaison counsel in cases Litigation (W.D. Pa). He also represents certain involving the pharmaceutical product Serzone policyholders of an insurance company in a breach of consolidated in New York Supreme Court. He maintains contract class action pending in Florida state court. an active mass tort practice that includes Fen-Phen, Zyprexa, and Vioxx pharmaceutical litigation and Mr. Bernstein is also Co-Chair of the Young consumer class actions involving the banking and Lawyer's Division of UJA-Federation of New York, and boating industries. He was class co-counsel and court- Corporate Fundraising Chair for Seeds of Peace (a non- appointed depository custodian in groundwater profit, non-political organization that helps teenagers contamination litigation in the Southern District of New from regions of conflict around the world learn the skills York involving the gasoline additive MTBE. He of making peace). He has received the Binyan Young formerly represented the County of Suffolk, New York Leadership Award from UJA. and the Suffolk County Water Authority in their claims Mr. Bernstein is a member of the New York County against the petroleum industry for MTBE contamination. Lawyers Association and the American Bar Association. Mr. Breit was also co-counsel in union health and He is admitted to the New York State Bar and is welfare fund tobacco litigation, which included multiple admitted to practice before the United States District class actions in numerous jurisdictions. Courts for the Eastern and Southern Districts of New York.

Firm Résumé 26 CHRISTOPHER S. JONES received his B.A. pension funds, national news organizations, and even degree in economics cum laude from the University of judges. Mr. Jones also serves on the firm’s Technology Akron in 1991, and his J.D. degree from DePaul Committee. University College of Law in 1996. Prior to practicing at Milberg Weiss, Mr. Jones was A partner in the firm's Boca Raton, Florida office, as an attorney with a prominent corporate defense firm in Mr. Jones focuses his practice on class action litigation, St. Louis, Missouri. At that firm, he practiced in a including securities class actions, consumer class variety of areas, including complex litigation, class actions, and corporate derivative litigation. Along with actions, and appellate litigation. His reported victories his colleagues, his recent class action victories and there spanned federal and state courts, including Clay v. settlements include In re Friedman's, Inc. Secs. Litig., Philip Morris Inc., 188 F.R.D. 483 (S.D. Ill. 1999); West 2005 U.S. Dist. LEXIS 19503, 2005 WL 2175936 (N.D. Virginia-Ohio Valley Area I.B.E.W. Welfare Fund v. R.J. Ga. 2005) (defeating motions to dismiss; case pending); Reynolds Tobacco Co., 188 F.R.D. 425 (S.D. W. Va. In re AFC Enters. Secs. Litig., 348 F. Supp. 2d 1363 1999), Conway v. Royalite Plastics, Inc., 12 S.W. 3d 314 (N.D. Ga. 2004) (defeating motions to dismiss; $15 (Mo. 2001), and Fletcher v. Conoco Pipeline Co., 129 F. million settlement); In re Catalina Mktg. Corp. Secs. Supp. 2d 1255 (W.D. Mo. 2001), aff'd, 323 F.3d 661 (8th Litig., 390 F. Supp. 2d 1110 (M.D. Fla. 2005) (defeating Cir. Mo. 2003). motions to dismiss; case pending); In re Tropical KAREN ROGERS earned her B.A. degree from Sportswear Int'l Secs. Litig., 2005 U.S. Dist. LEXIS the University of California, Irvine, in 1983, her M.B.A. 6129 (M.D. Fla. 2005) (defeating motions to dismiss; $8 degree from Pepperdine University in 1990, and her J.D. million settlement pending); In re AES Secs. Litig., Case degree from Southwestern University School of Law in No. 1:03-CV-284 (S.D. In. 2004) ($5 million 1996. settlement); In re Intercept Secs. Litig., Case No. 1:03- CV-567 (N. D. Ga. 2004) ($5.5 million settlement); In re Ms. Rogers specializes in representing investors, Mirant Secs. Litig., 2003 U.S. Dist. LEXIS 26263 (N.D. including individual and institutional investors, in Ga. 2003) (defeating motions to dismiss; case pending); securities fraud class actions and shareholder derivative In re UniCapital Corp. Secs. Litig., Case No. 00-2054 litigation. Ms. Rogers has been with the Firm since (S.D. Fla. 2002) (defeating motions to dismiss; $5.2 March 1997. While at Milberg Weiss, Ms. Rogers has million settlement); and In re Hamilton Bancorp Secs. successfully litigated numerous class action lawsuits Litig., 194 F. Supp. 2d 1353 (S.D. Fla. 2002) (defeating which have resulted in multi-million dollar recoveries for motions to dismiss; $8.5 million settlement). defrauded investors, including, among others, cases such as Mattel Securities Litigation, Accelerated Securities Mr. Jones has extensive experience in prosecuting Litigation, and Hoeck v. CompUSA. complex corporate derivative actions. Notably, he was one of the lead counsel in the widely reported case While at Southwestern, Ms. Rogers was on the involving FPL Group, Inc. (NYSE:FPL), a large public Dean’s List from 1994-1995 and a member of the Law utility holding company. After nearly three years of Review from 1995-1996. Ms. Rogers authored “Embryo intense litigation, which included reported victories on Theft: The Misappropriation of Human Eggs at an Irvine Defendants’ motions to dismiss (Klein v. FPL Group, Fertility Clinic Has Raised a Host of New Legal Inc., 2004 U.S. Dist. LEXIS 919, 2004 WL 302292 (S.D. Concerns for Infertile Couples Using Reproductive Fla. 2004)), and key discovery motions (Klein v. FPL Technologies,” 26 Sw. U.L. Rev. 1133 (1997). In 1996, Group, Inc., 2003 U.S. Dist. LEXIS 19979 (S.D. Fla. Ms. Rogers served as judicial extern for The Honorable 2003)), eight FPL executives, and their insurer, returned Ronald S.W. Lew, U.S. District Court of California. $22.25 million dollars in compensation to the company. Prior to law school, Ms. Rogers earned an NASD The settlement represents a groundbreaking recovery Series 7 securities license and worked in the securities because it implemented sweeping corporate governance industry for five years at Drexel Burnham Lambert’s provisions at FPL, and is the largest amount of money Beverly Hills office. ever returned to a public company by members of its management in an executive compensation type lawsuit. Ms. Rogers is a member of the Association of Business Trial Lawyers, as well as the Los Angeles Mr. Jones is also the creator and author of The County, San Fernando Valley, and American Bar PSLRA Nugget, a well known blog which provides free Associations. Ms. Rogers is admitted to practice in the information and analysis on recent securities class action courts of the State of California, as well as the United opinions. Regular Nugget readers include attorneys States District Court for the Central District of from both the plaintiff and the defense bars, government California. agencies, economic analysts, D&O insurance companies, university professors, Fortune 500 general counsel,

Firm Résumé 27 PETER SLOANE graduated with honors from & McCloy LLP, where he specialized in complex Johns Hopkins University in 1994 with a B.A. degree in commercial litigation and consumer mass actions. He is international relations and received his J.D. degree from fluent in Italian and conversant in French and Hebrew. Georgetown University Law Center in 1997. Upon Mr. Sloane currently represents purchasers of graduation from law school, Mr. Sloane clerked for the securities in several securities fraud class actions, Honorable Anthony W. Ishii of the United States District including Irvine v. ImClone Systems, Inc., et al. Court for the Eastern District of California. While an (S.D.N.Y.) and In re Sears, Roebuck & Co. Securities undergraduate at Johns Hopkins, Mr. Sloane was Litigation (N. D. Ill.). selected to participate in the Paul H. Nitze School of Advanced International Studies graduate program in Mr. Sloane is admitted to practice before the United Bologna, Italy, where he earned a graduate diploma in States District Courts for the Southern and Eastern international relations. Prior to joining Milberg Weiss, Districts of New York. Mr. Sloane was associated with Milbank, Tweed, Hadley

OF COUNSEL

PATRICIA M. HYNES is a trial lawyer and New York for her work as Chair of the Board of retains her “Of Counsel” status to the firm once known Directors in successfully restructuring the Society. as Milberg Weiss Bershad Hynes & Lerach LLP. Ms. In March, 2005, Ms. Hynes received The Simon H. Hynes is continuing her long and distinguished Rifkind Award from The Jewish Theological Seminary association with the newly named Milberg Weiss “for demonstrated commitment to the letter of the law Bershad & Schulman LLP, where she specializes in and for distinguished public service.” In April, 2005, complex securities and commercial litigation. She Ms. Hynes was the recipient of the William M. Tendy received her law degree from Fordham Law School Award for Public Service presented by the Robert B. where she was a member of the Law Review. Ms. Fiske Association. In June, 2005, Ms. Hynes received Hynes served as law clerk to Joseph C. Zavatt, Chief The Joan L. Ellenbogen Award from The New York Judge of the United States District Court for the Eastern Women’s Bar Association. District of New York, and was an Assistant United States Attorney in the Southern District of New York Presently, Ms. Hynes chairs the Merit Selection from 1967 to 1982 where she held several executive Panel for Magistrate Judges for the Southern District of positions, including Executive Assistant U.S. Attorney. New York and since December, 2003, has been Chair of the Board of Directors of The Legal Aid Society. Ms. A Fellow of the American College of Trial Lawyers, Hynes also serves as a member of the Second Circuit Ms. Hynes has taught Trial Advocacy at Harvard Law Court of Appeals Rules Committee and has served as a School, Fordham Law School and the National Institute member of the Planning and Program Committee for the of Trial Advocacy. Ms. Hynes is a member of the Judicial Conference of the Second Circuit from 1998 to American Law Institute and has served on the Advisory 2001. Ms. Hynes recently has been appointed a member Committee to the Federal Judicial Code Revision Project of The Departmental Disciplinary Committee of the from 1996 to 2001. Ms. Hynes has been a lecturer for Appellate Division of the Supreme Court, First Judicial the Practicing Law Institute since 1980 and was Chair of Department. From 1994 through 2001, Ms. Hynes its Civil RICO Program from 1984 to 1991. served as a member of the Mayor’s (Giuliani) Advisory Ms. Hynes has been included in the list of Best Committee on the Judiciary. Lawyers in America since 1993 and more recently has Ms. Hynes served as Chair of the American Bar been included in Who’s Who in American Law and the Association’s Standing Committee on the Federal Euromoney Guide to the World’s Leading Litigation Judiciary from July 2000 to August 2001, having Lawyers. Ms. Hynes has also been included in The previously served as the Second Circuit Representative National Law Journal’s “Profile of America’s Top 50 on that Committee from 1995 to June 2000. Ms. Hynes Women Litigators” (December 17, 2001) and its Survey served as a member of the ABA’s Commission on the of The Fifty Most Influential Women Lawyers in 21st Century Judiciary (2002-2003). Ms. Hynes has also America (March 30, 1998). In 2004, Ms. Hynes served as a member of the ABA’s Litigation Section received a special award from The Legal Aid Society of Council (1989-1992) and was Chair of the Litigation

Firm Résumé 28 Section’s Securities Litigation Committee (1987-1989); obtained after several months of trial and a jury verdict Co-Chair of its Pre-Trial Practice and Discovery on liability. Committee (1992-1994) and has served as a member of SOL SCHREIBER received a B.A. degree, cum the Litigation Section’s Task Force on Civil Trial laude, in 1952 from the City College of New York, and Practice Standards. Ms. Hynes also is a Fellow of the his LL.B. degree from Yale Law School in 1955. American Bar Foundation. From 1971 through 1978, Mr. Schreiber was a An active member of the Association of the Bar of United States Magistrate Judge in the United States the City of New York, Ms. Hynes served as Chair of its District Court for the Southern District of New York Federal Courts Committee from 1992 to 1995 and was a where he conducted more than 1,500 criminal and 3,500 member of its Executive Committee from 1984 to 1988. civil pretrial hearings and settled approximately 1,000 From 1982 to 1984, Ms. Hynes served as Secretary of civil cases. In addition to trying numerous civil and that organization. Ms. Hynes has also served as a Vice criminal cases, Mr. Schreiber supervised pretrial practice President of the Federal Bar Council from 1996 to 2002 in derivative, class and complex actions in the admiralty, and previously served on its Board of Trustees from antitrust, aviation, securities, directors’ and officers’ and 1983 to 1991. product liability fields, including Berkey v. Kodak, Litton In July of 2002, Ms. Hynes was appointed a member v. ATT, the Penn Central Commercial Paper Litigation, of the New York City Charter Revision Commission by the New York Times and Readers’ Digest gender Mayor Michael R. Bloomberg. In March, 2002, Ms. discrimination, the Argo Merchant-Nantucket stranding, Hynes was appointed a member of the Administrative and the Tenerife 747 collision cases. Board for the Offices of the Public Administrator by From November 1978 to January 1982, when he Chief Administrative Judge Jonathan L. Lippman. In joined Milberg Weiss, Mr. Schreiber served as the February, 2000, Ms. Hynes was appointed a member of President and Chief Executive Officer of a unit of the the New York State Commission on Fiduciary Federation of Jewish Philanthropies of New York which Appointments by Chief Judge Judith S. Kaye of the New provided centralized legal, risk management and York Court of Appeals. From 1987 to 1990, Ms. Hynes insurance services for the Federation’s hospitals, homes served as a member of the New York State Commission for the aged, and health, education and community on Government Integrity having been appointed by service agencies. He was Trial Counsel from 1955 Governor Mario Cuomo and from 1981 to 1982 was a through 1971 and Resident Counsel from 1966 through member of the New York State Executive Advisory 1971 of the Brooklyn office of Liberty Mutual Insurance Committee on the Administration of Justice having been Co. appointed by Governor Hugh L. Carey. Mr. Schreiber has been a participant in numerous JARED SPECTHRIE graduated from Harvard special project committees for the American Bar College with honors in 1954 having majored in Association and the Second Circuit. From 1960 to economics. After four years as a deck officer in the present, Mr. Schreiber has been the Planning and United States Coast Guard, he received a M.B.A. degree Program Chairman of more than 125 national programs in accounting from Rutgers University in 1959, including ALI-ABA and PLI Continuing Professional graduating first in his class. He is a Certified Public Education national courses of study on evidence, civil Accountant in the State of New York and practiced practice and employment discrimination litigation in accounting for several years with a major auditing firm. federal and state courts. He has been a frequent lecturer He was graduated from New York Law School in 1965, at professional programs and workshops on federal and summa cum laude, where he was first in his class and state court civil procedure, federal and state court trial valedictorian. He was admitted to the Bar in New York evidence and federal criminal practice and procedure. State in 1965, and is admitted to practice before the U.S. Mr. Schreiber was a reporter for the ABA Advocacy District Court in the Southern and Eastern Districts of Task Force (1970-1971), which led to the formation of New York, and the United States Courts of Appeals for the National Institute for Trial Advocacy. the Second and Fifth Circuits. He has served on the faculty of New York Law School and has lectured on From 1972 to 1987, he served as an adjunct professor “Accountants’ Liability” for the Practising Law Institute. at Fordham Law School teaching courses in trial He has been engaged in the full-time practice of law advocacy, product liability, mass torts and insurance since 1965 and has specialized in federal securities law disputes. He has been editor for more than 40 CLE litigation for the past several years. Mr. Specthrie was course handbooks and major publications on civil lead counsel in In re Viatron, MDL 138 (D. Mass.), practice and litigation, including ALI-ABA’s three- where aggregate settlements exceeding $15 million were volume Civil Practice Guide, Litigation in Federal and State Courts (8th ed. 1998). Mr. Schreiber is a member

Firm Résumé 29 of the Board of Editors, Moore’s Federal Practice (2d (E.D.N.Y. 1997); Olczyk v. Cerion Technologies, Inc., ed.). 721 N.E.2d 732; (Ill. App. Ct. 1999); Siemer v. Associates Financial Services., No. CV-97-281-TUC-JC Presently, Mr. Schreiber is Court-Appointed Special (JMR), 1999 U.S. Dist. LEXIS 22784, (D. Ariz. July 23, Master in Marcos Human Rights Litigation. He was 1999); Siemer v. Associates First Capital Corp., No. CV Special Master in the Pan American Lockerbie cases, the 97-281 TUC JMR (JCC), 2001 U.S. Dist. LEXIS 12810 Agent Orange Litigation (March 1982-January 1984), (D. Ariz. Mar. 30, 2001); Siemer v. Associates First and a series of other complex federal civil cases. Capital Corp., No. CV 97-281-TUC-JC (JMR), 2000 Mr. Schreiber was Judicial Member, Anglo U.S. Dist. LEXIS 21244, (D. Ariz. Dec. 14, 2000). He American Exchange on Civil Procedure (March 1974), was a guest lecturer on predatory lending at the annual and Hearing Officer, N.Y. State Master Energy Plan (fall meetings of the NAACP in July 2001 and July 2002. 1979). He is the recipient of the Francis Rawle Award Mr. Young is a member of the New York City Bar for outstanding achievements in post-admission legal Association. Mr. Young is admitted to practice before education (ALI-ABA, July 1985) and the Presidential the United States District Court for the Southern, Award, Legal Aid Society (November 1984). Mr. Northern and Eastern Districts of New York and the Schreiber is also the founder and co-chair of the Ovarian United States Courts of Appeals for the First, Second, Cancer Research Fund, Inc. Fourth, Fifth and Seventh Circuits and the United States Mr. Schreiber is a member of the American Bar District Court for the District of Arizona. Association, the New York State Bar Association, the HONORABLE GERI D. PALAST, Of Counsel Association of the Bar of the City of New York and the to Milberg Weiss Bershad & Schulman, is a Root-Tilden American Law Institute. He is admitted to the bar of the Public Service Law Scholar from New York University State of New York, to the United States District Courts School of Law, and an honors graduate of Stanford for the Southern and Eastern Districts of New York and University. Ms. Palast directs the Firm’s program to the Second Circuit Court of Appeals. reaching out to institutional investors in areas of PAUL D. YOUNG received his B.A. magna cum litigation, policy and public affairs. Formerly, she was laude from Yale University in 1981. He was elected to the founder and executive director of the Justice at Stake Phi Beta Kappa and granted with distinction in the Campaign, a national organization working to ensure fair history major. As a Fulbright Scholar, he studied at the and impartial courts. From 1993-2000, she was Universitaet Bielefeld, Germany from 1981 to 1983. He confirmed by the U.S. Senate to serve as Assistant graduated from Columbia University School of Law in Secretary of Labor for Congressional and 1986, where he was named a Harlan Fiske Stone Scholar. Intergovernmental Affairs during President Clinton’s two terms under Labor Secretaries Robert Reich and Selected published decisions: In re APAC Alexis Herman. She also served on the President’s Teleservices, Inc. Securities Litigation, No. 97 Civ. 9145 Interagency Council on Women, where she chaired the (BSJ), 1999 U.S. Dist. LEXIS 17908 (S.D.N.Y. Nov. 19, Committee on Women in the Global Economy. The 1999); In re Ashanti Goldfields Securities Litigation, 184 Committee monitored U.S. compliance with the Beijing F. Supp. 2d 247 (E.D.N.Y. 2002); In re Ashanti Platform for Women. She was a member of the U.S. Goldfields Securities Litigation., No. 00 CV 717 delegation to Women 2000 at the United Nations. Her (DGT)(RML), 2003 U.S. Dist. LEXIS 724, (E.D.N.Y. focus was the impact of globalization on women. Jan. 7, 2003); Berwecky v. Bear, Stearns & Co., 197 F.R.D. 65 (S.D.N.Y. 2000); Dorchester Investors v. Peak Prior to joining the Clinton Administration, Ms. International Limited, 134 F. Supp. 2d 569 (S.D.N.Y. Palast was the Political and Legislative Director of 2001); Dorchester Investors v. Peak TrENDS Trust, No. Service Employees International Union, 1981-1993. In 99 Civ. 4696 (LMM), 2002 U.S. Dist. LEXIS 3067 1979, she established and ran the Washington office of (S.D.N.Y. Feb. 26, 2002); Dorchester Investors v. Peak the National Employment Law Project, a program of the TrENDS Trust, No. 99 Civ. 4696 (LMM) (FM), 2003 Legal Services Corporation. Earlier in her career, she U.S. Dist. LEXIS 1446 (S.D.N.Y. Feb. 3, 2003); In re worked for the National Treasury Employees Union and General Instrument Corp. Securities Litigation, No. 96 C AFSCME (American Federation of State County and 1129, 2000 U.S. Dist. LEXIS 17078 (N.D. Ill. Nov. 22, Municipal Employees). 2000); Hunt v. Alliance North American Government Throughout her career, Ms. Palast has organized and Income Trust, Inc., 159 F.3d 723 (2d Cir. 1998); Lipinski directed numerous broad-based national and grassroots v. Skinner, 781 F. Supp. 131 (N.D.N.Y. 1991); In re legislative and issue campaigns. She founded and co- MTC Electronic Technologies Shareholder Litigation, chaired the bipartisan coalition that was responsible for 898 F. Supp. 974 (E.D.N.Y. 1995); In re MTC Electronic enacting the landmark Family and Medical Leave Act. Technologies Shareholder Litigation, 993 F. Supp. 160

Firm Résumé 30 As Assistant Secretary, she was a leader in the successful speaker on a wide variety of topics relating to, among policy and legislative efforts to enact the minimum wage other things, securities fraud, myriad facets of corporate increase, the Workforce Investment Act—the overhaul governance, and the fiduciary duties of a pension fund of the nation’s employment and training system, Welfare trustee. Mr. Bergman has served as lead and co-lead to Work, School to Work, and the historic congressional counsel in numerous securities fraud class actions, and ratification of the International Labor Organization has extensive experience representing investors and (ILO) international convention against abusive child other claimants in the arbitration process. labor. She worked on numerous pension reform Prior to joining Milberg Weiss, Mr. Bergman also legislative and regulatory matters. She has also been a concentrated in the field of professional responsibility strategic adviser to many electoral campaigns. and ethics, serving as chief complex claims counsel for Ms. Palast has served on numerous boards and the New York State Bar in high exposure cases against advisory committees. She has also lectured at colleges lawyers and law firms all across New York State, where and universities. Ms. Palast is admitted to practice in the he also lectured on issues relating to professional District of Columbia, and she is an inactive member of responsibility and legal ethics, and served in various the California State Bar. capacities on a number of professional responsibility committees and panels. Immediately prior to joining DEBORAH M. STURMAN received a Prix d’ Milberg Weiss, Mr. Bergman was a principal in Excellence from the Royal Brussels Conservatory and a Frydman & Bergman, where he represented investors in J.D. degree from the University of California at Los arbitrations, securities fraud class actions and Angeles School of Law. shareholder derivative actions. Mr. Bergman also served Ms. Sturman conceived of, and, together with senior as an appellate advocate for numerous law firms, in both partner Melvyn Weiss, filed the first suits in United New York State and the United States Court of Appeals. States courts on behalf of Holocaust-era slave labor He is admitted to practice in all Federal, State and victims, leading to recoveries of approximately $7 Appellate Courts in New York. billion. She has been profiled in both The Wall Street REUBEN A. GUTTMAN graduated from the Journal and Financial Times for her innovative University of Rochester in 1981 where he received a lawyering and regularly appears as a legal commentator B.A. degree in history. He graduated from Emory in the German, Dutch, French, Swiss and Belgian media University Law School in 1985 where he received a J.D. as well as on numerous international and national degree. Continuing Legal Education panels for complex and international litigation. Mr. Guttman’s practice involves complex litigation and class actions. He has represented clients in claims Since the early 1990s, Ms. Sturman has represented brought under the Federal False Claims Act, the Price Holocaust survivors and their heirs seeking restitution of Anderson Act, Department of Energy (DOE) statutes and real property in the former East Germany “Aryanized” regulations, securities laws, the WARN Act, RICO, and during World War II, and assisted European investors in various employment discrimination, labor and connection with their United States investments. She is environmental statutes. He has also litigated claims fluent in German and Dutch/Flemish and conversant in involving fraud, breach of fiduciary duty, antitrust, French and Italian. business interference and other common law torts. Ms. Sturman is admitted to the Bar of California, and Mr. Guttman has been counsel in cases generating the Supreme Court of the State of California. She is also some of the largest recoveries under the Federal False admitted to the Federal Circuit Court of Appeals, the Cases Act including U.S. ex rel Johnson where over U.S. Court of Appeals, Second Circuit, the U.S. District $300 million was recovered from the oil industry. He Court for the District of Columbia, and the U.S. District also served as lead counsel in a series of cases which Courts for the Southern and Eastern Districts of New resulted in the recovery of more than $30 million under York. the Federal Fair Labor Standards Act. Litigation brought DAVID K. BERGMAN graduated with a B.A. by Mr. Guttman on behalf of nuclear weapons workers at degree in American studies from Brandeis University in “Manhattan Project” nuclear weapons sites resulted n 1986. He earned a J.D. degree from Brooklyn Law congressional oversight and changes in procurement and School in 1989. Mr. Bergman practices primarily in the sales practices. field of class action securities fraud and spends a large Mr. Guttman’s publications include: “The False percentage of his time representing Milberg Weiss as a Claims Act: Holding Employers Accountable For liaison with public funds and other institutional Workplace Rights” (co-author, Employee Rights investors. Mr. Bergman is regularly sought out as a Quarterly, Aspen, Fall 2000); “The Dormant Commerce

Firm Résumé 31 Clause and Interstate Transportation of Waste,” False Claims Act at the ATLA 2001 Annual Convention University of Pennsylvania, Journal of Resource in Montreal, Canada. Mr. Guttman is admitted to Management and Technology, June 1993; “Impact of practice law in Georgia (admitted in 1985), the District OSHA Bloodbourne Disease Rule,” Medical Waste, Vol. of Columbia (admitted in 1988), Pennsylvania (admitted 1, No. 1, Oct. 1992; “Supreme Court Holdings Benefit in 1991) and New Jersey (admitted in 1991). Landfill and Incinerator Operators,” Medical Waste, Vol. RUBY MENON graduated from Indiana 1, No. 3, Dec. 1992; “Supreme Court Upholds University with a B.A. degree in journalism/English. Preemptive Powers of OSHA Act,” Medical Waste, Vol. She also received her J.D. degree from Indiana 1, No. 4, Jan. 1993; “EPA Dialogue May Result in Rules University. for Commercial Buildings,” 2 Nat’l Journal of Asbestos in Buildings Litigation, 13, 1989; “The Asbestos Model: Ms. Menon focuses primarily on providing services Labor and Citizens Groups and a Multi-Pronged to public pension funds, employee benefit plans, Approach to Regulatory Change,” paper first presented foundations and endowments. She formerly served as at the Annual Meeting of the American Political Science the first general counsel of the Denver Employees’ Association, Chicago, Ill., Sept. 1, 1987; published as a Retirement Plan. Prior to that, she was the general chapter in Conflict Resolution and Public Policy, edited counsel for the Indiana Public Employees’ Retirement by Miriam K. Mills, Greenwood-Quorum Press, October Fund. At Indiana, one of her successful projects was to 1990; “At Issue: Should Congress Pass Legislation That help develop the legal strategy and advocacy for the Would Extend The Asbestos Hazard Energy Response State’s Referendum lifting the long-standing prohibition Act To All Public and Commercial Buildings,” on the pension funds’ investment in equity instruments. Congressional Quarterly’s Editorial Research Reports, As general counsel for two large multi-employer Vol. 1, No. 9, 1990; “Representation Campaigns and the retirement plans for over 10 years, Ms. Menon Future of Labor: a Legal and Theoretical Perspective,” developed expertise in many areas of employee benefits paper presented at the Annual Meeting of the Midwest administration including legislative and regulatory Political Science Association, Chicago, Ill., April 4, affairs, investments, tax, fiduciary compliance and plan 1988. Consulting Editor: The Regulatory Analyst: administration. She provided day-to-day legal advice to Medical Waste, a monthly publication, Warren Gorham the Board and staff, and was responsible for drafting all Lamont, New York, N.Y., 1992-1994. Chapter Author legislative initiatives involving benefit and investment and Advisory Board Member, “Environmental structure enabling the retirement plans to provide secure Management in Healthcare Facilities,” W.B. Saunders long-term benefits for State, public safety, and municipal Company, April 1998. employees. Mr. Guttman has appeared on ABC National News Ms. Menon also served as a deputy prosecuting and CNN, and has been quoted in major publications, attorney for the Marion County Prosecutor’s Office in including the Wall Street Journal and various national Indianapolis, IN. In addition she was an adjunct wire services. professor for the Indiana Wesleyan University in In addition to his writings, Mr. Guttman has testified Indianapolis, IN where she taught Business Law, Ethics on environmental issues before committees of the United and Business Communications. States House of Representatives and the United States She is currently an instructor for the International Senate, and in 1992 advised President-elect Clinton’s Foundation of Employee Benefit Plan’s certificate transition team on labor policy. He has been an invited training program (CAPPP™) for trustees, administrators speaker on privatization and procurement issues at and other key decision makers of employee benefit conferences sponsored by the United States Department plans. She frequently participates as a speaker for of Energy (Oakland, California, 1997; Denver, Colorado, various organizations serving U.S. and international 1995). He was also invited to speak on employment public pension plans. discrimination by the Houston Regional Office of the United States Equal Employment Opportunity Ms. Menon is admitted to practice in the courts of the Commission (EEOC) at its Fall 1998 Technical States of Indiana, Colorado and New York, as well as the Conference in Beaumont, Texas. He has guest lectured United States District Courts for the Northern and at Swarthmore College, University of Pennsylvania, Southern Districts of Indiana, the Colorado District Johns Hopkins University, and The George Washington Court, the United States Courts of Appeals for the University. Seventh and Eleventh Circuits, and the U.S. Supreme Court. Mr. Guttman is a founding member of the Association of Trial Lawyers of America (ATLA) Qui Tam Litigation Group and was a featured speaker on the

Firm Résumé 32 BRUCE GAMBLE received a B.S. from He has also served as chief lobbyist, and then University of Louisville in 1979 and a J.D. from President and In-House Counsel to the National Bankers Georgetown University Law Center in 1989. Association in Washington, D.C. where he formulated and implemented the legislative and regulatory strategic Mr. Gamble focuses primarily on providing services plan and served as principal liaison with Federal to public pension funds, employee benefit plans, financial institutions supervisory agencies. Prior to this, foundations and endowments. He formerly served as he served in several senior staff positions on Capitol Hill General Counsel to the District of Columbia Retirement for senior Members of the U.S. House of Board where he served as chief legal advisor to the Representatives. Board of Trustees. Prior to that he served as President and CEO of the National Association of Investment He currently serves as a member of the Executive Companies where he managed administrative, fiscal and Board of the National Association of Public Pension programmatic activities, legislative and regulatory Attorneys (NAPPA), a professional and education advocacy, media and public relations. Prior to that he organization whose membership consists exclusively of served as Staff Director and Counsel to a Small Business attorneys who represent public pension funds. He Subcommittee in the U.S. House of Representatives frequently participates as a speaker for various where he exercised the Subcommittee’s oversight organizations serving U.S. and international public jurisdiction over existing Federal programs that pension plans. promoted business development, access to capital and Mr. Gamble is admitted to practice in courts of the credit, enterprise zones, and community economic Commonwealth of Pennsylvania and the District of development. Columbia.

SPECIAL COUNSEL

JAMES M. SHAUGHNESSY graduated cum Over the course of his career, Mr. Shaughnessy has laude from Adelphi University in 1967 with a B.A. specialized in commercial, securities, insurance, aviation degree in political science and cum laude from New and bankruptcy litigation. Mr. Shaughnessy was lead York University School of Law in 1969. While at defense counsel for Pan American World Airways, Inc. N.Y.U., Mr. Shaughnessy was elected to the Order of the in In re Air Disaster at Lockerbie, Scotland on Coif, was the administrative director of the moot court December 21, 1988, M.D.L. 799 (TCP) (E.D.N.Y.), and program, and, upon graduation, received the Benjamin F. tried that case on behalf of Pan Am to a jury for three Butler Award for scholarship and outstanding service to months. the law school. Mr. Shaughnessy is a member of the American Bar Mr. Shaughnessy joined the firm of Casey, Lane & Association, the New York State Bar Association, the Mittendorf in New York City as a litigation associate in Association of the Bar of the City of New York, and 1969 and became a litigation partner at that firm in 1976. Federal Bar Council. Mr. Shaughnessy is admitted to In 1982, Mr. Shaughnessy joined the firm of Haythe & practice in New York, California and New Jersey as well Curley as a litigation partner, and he was the managing as before the United States Supreme Court, the United partner of the firm for two years. In 1987, Mr. States Courts of Appeals for the Second, Fifth and Ninth Shaughnessy joined the firm of Windels, Marx, Davies Circuits, the United States District Courts for the & Ives (now known as Windels, Marx, Lane & Southern, Eastern, Northern and Western Districts of Mittendorf, LLP) as a litigation partner. He was the New York, the Southern District of California and the chairman of the Windels, Marx Litigation Department District of New Jersey, and the United States Tax Court. from 1988 through 1998, and was a member of the firm’s Executive Committee from 1990 to 1992. Mr. Shaughnessy joined Milberg Weiss in 2001.

ASSOCIATES

Firm Résumé 33 ARIEL ACEVEDO earned a B.B.A. degree from million); lead counsel in In re Harbinger Corp. Baruch College of the City College of New York in 1991 Securities Litigation (helped obtain settlement of $2.25 and his J.D. degree from Fordham University School of million); co-lead counsel in In re Insurance Management Law in 1995. During and after college, Mr. Acevedo Solutions Group, Inc. Securities Litigation (helped was employed as a financial analyst at various brokerage obtain settlement of $2.1 million); co-lead counsel in firms and in the banking industry. Prior to joining PSINet Inc. Securities Litigation (helped recover $18.7 Milberg Weiss, Mr. Acevedo was employed at a large million settlement); co-lead counsel in Cheney v. international law firm in New York, representing and CyberGuard Corporation, et al., (helped recover $10 counseling various multi-national corporations in million settlement). complex, products liability litigation in the United States Mr. Adler is admitted to practice law in the state of and other countries. At Milberg Weiss, Mr. Acevedo has Florida, U.S. District Court, Southern District of Florida, represented numerous plaintiffs in employment U.S. District Court, Middle District of Florida, and the discrimination litigation in federal and state courts. Eleventh Circuit. Additionally, he has participated in the negotiation of settlement agreements in securities actions, including In PAUL J. ANDREJKOVICS graduated from Union re Clarus Corporation, In re Hamilton Bancorp, and In College in 1992, Phi Beta Kappa, magna cum laude, re UniCapital Corporation. with a B.A. degree in political science. In 1995, Mr. Andrejkovics received his J.D. degree from Albany Law Mr. Acevedo is admitted to practice in the courts of School. He was admitted to the New York State Bar in the States of Florida and New York, as well as the 1996. United States District Courts for the Southern and Middle Districts of Florida and the Eastern and Southern ROBERT R. BARRAVECCHIO earned his B.S. Districts of New York. degree in industrial and labor relations from Cornell University in 1995. He earned his J.D. degree from New ROBERT R. ADLER earned a B.S. degree with York Law School in 1998. honors in psychology in 1991 from Union College and his J.D. degree from Thomas M. Cooley Law School in Mr. Barravecchio focuses his practice on class 1996, where he was a member of the Thomas M. Cooley actions on behalf of defrauded investors and consumers. Law Review from 1995-1996. While a law student, Mr. He also has extensive litigation experience with regard to Adler was the recipient of three book awards for having civil rights and employment discrimination actions earned the highest grade in the class in: “Lawyering where he has obtained significant settlements on behalf Before Trial,” 1995; “Trial Workshop,” 1996; and of victims of employment discrimination. Additionally, “Workers Compensation,” 1996. As a law student, he Mr. Barravecchio currently is part of the litigation team also authored “Estate of C.W.: A Pragmatic Approach to prosecuting actions against numerous mutual fund the Involuntary Sterilization of the Mentally Disabled,” companies for charging excessive fees to mutual fund Nova Law Review, Spring 1996, Volume 20, Number 3. investors. As a practicing attorney, Mr. Adler was awarded Mr. Barravecchio is a member of the Pro Bono “Pro Bono Attorney of the Month,” by the 15th Circuit Mediation Panel for the Southern District of New York Pro Bono Committee, South County Bar Association, in and the New York State Bar Association. His published the Summer of 1999. decisions include: Joseph v. New York Yankees Partnership, 2000 U.S. Dist. LEXIS 15417 (S.D.N.Y. Mr. Adler’s practice areas include securities class October 19, 2000) and Wilson v. Toussie, 2003 U.S. Dist. action litigation and commercial litigation. He has LEXIS 23756 (E.D.N.Y. October 8, 2003). obtained tens of millions of dollars worth of recoveries on behalf of defrauded investors against their Mr. Barravecchio was admitted to the bar of the State stockbrokers, their broker-dealers, and issuers during his of New Jersey in 1998 and is admitted to practice before career as a securities litigator. the United States District Court for the District of New Jersey. He was also admitted to the bar of the State of His involvement as co-lead counsel in In re Sunbeam New York in 1999, and is admitted to practice before the Securities Litigation helped shareholders recover an United States District Court for the Southern and Eastern aggregate settlement of $140 million. That settlement Districts of New York. included $110 million from Arthur Andersen, representing the then second largest securities class KENT A. BRONSON received a B.A. from State action settlement ever obtained against an accounting University of New York at Binghamton in 1994. He firm. Other cases in which Mr. Adler achieved notable graduated cum laude from University of Pittsburgh recoveries include: In re Phoenix International School of Law in 1998. During law school, Mr. Bronson Securities Litigation (helped procure settlement of $4.22

Firm Résumé 34 was a research editor on the Law Review and a recipient experience as a non-profit director and has worked on of the Dean's Scholarship. Title VI, Title VII, voting rights, housing law, and welfare reform issues. Immediately following law Mr. Bronson's practice is focused on securities, school, Ms. Day was a law clerk for the Hon. Sterling consumer and class action litigation. Prior to joining Johnson Jr. of the United States District Court for the Milberg Weiss in 2005, as an associate at another law Eastern District of New York. She is admitted to the firm, Mr. Bronson was part of the team that successfully New York State Bar. litigated a securities fraud class action lawsuit alleging that a major credit card company inflated its profits with DAN P. DIETRICH graduated from the University illegal charges to consumers. In re Providian Fin. Corp. of Florida in 1997 with a double major in finance and Securities Litig. (E.D. Pa.). Also, in In re Coordinated management. He earned his M.B.A. degree in finance Title Insurance Litigation (Sup. Ct. Nassau County), Mr. from the University of Miami in 2000 and his J.D. Bronson helped successfully litigate class actions against degree from St. John’s University School of Law in eight title insurers for allegedly violating New York's 2003. While at St. John’s, Mr. Dietrich was the Editor- consumer protection act in connection with the sale of in-Chief of the New York International Law Review. mortgage refinance title insurance. Mr. Dietrich focuses his practice primarily on class Mr. Bronson is admitted to the New York State Bar. actions on behalf of defrauded investors and shareholders, as well as complex litigation. He currently ROSS B. BROOKS earned his B.A. degree from represents shareholders in actions against various mutual Cornell University in 1992, cum laude, and his J.D. fund families in which Milberg Weiss has been degree from the University of Chicago Law School in appointed sole lead counsel, including In re Goldman 1997. Mr. Brooks’ practice is focused primarily on class Sachs Fee Litigation (S.D.N.Y.) and In re Dreyfus Fee actions brought on behalf of defrauded investors and Litigation (W.D. Pa.). consumers. Prior to joining Milberg Weiss in 2003, Mr. Brooks worked as an associate with law firms in New Mr. Dietrich is a member of the New York State Bar York and New Jersey, concentrating in the areas of Association and the American Bar Association. He is commercial litigation and intellectual property. admitted to the bar of the State of New York and the State of Florida. Mr. Brooks is admitted to practice in the courts of the State of New York, as well as the United States District MICHAEL EISENKRAFT graduated magna cum Court for the Southern District of New York. laude with honors from Brown University in 2001, where he double-majored in history and comparative JENNIFER S. CZEISLER graduated from Hofstra politics and was elected to Phi Beta Kappa. In 2004, Mr. University in 1994 with a B.A. degree in psychology. Eisenkraft graduated Cum Laude from The Harvard Law After completing graduate degree work at Hunter School School. Mr. Eisenkraft joined Milberg Weiss in 2004, of Social Work (1994-95), she pursued a J.D. degree, after working as a summer associate for the firm after his which she earned in 1999 from the University of Miami first and second years of law school. Prior to joining School of Law, where she graduated cum laude. Ms. Milberg Weiss, Mr. Eisenkraft spent the summers before Czeisler was on the editorial board of the Law Review of law school working with the Vera Institute For Justice's Psychology, Public Policy & Law and earned numerous Adolescent Portable Therapy Project and the awards, including the Cali Excellence for the Future Neighborhood Defender Service of Harlem. Award, Dean’s Certificate of Achievement Award and membership in the Phi Delta Phi National Honor Mr. Eisenkraft focuses his practice primarily on class Society. Ms. Czeisler is admitted to practice in the State actions on behalf of defrauded investors and consumers, of New York and is a member of the American Bar as well as complex commercial litigation and mass torts. Association, where she is committed to her pro bono Mr. Eisenkraft was admitted to the New Jersey State Bar work with the American Bar Association Commission on in 2004 and the New York State Bar in 2005. Legal Problems of the Elderly. NEIL R. FRASER graduated from the University of DOMINIQUE DAY graduated with an A.B. from Massachusetts, Amherst in 1989 with a B.A. degree in Harvard University, cum laude, in 1992, and from political science. In 1992, he received his J.D. degree Stanford Law School in 1999. from Whittier Law School. While in law school, Mr. Fraser externed for the Hon. Vincent P. Zurzolo, United Ms. Day's practice focuses primarily on class action States Bankruptcy Judge for the Central District of litigation on behalf of defrauded investors. Ms. Day also California. has significant litigation experience through her work as a public defender at a community-based indigent defense Mr. Fraser focuses his practice in the areas of provider in the South Bronx. In addition, Ms. Day has securities, mass torts and employment discrimination.

Firm Résumé 35 He is currently one of the attorneys litigating on behalf Mr. Gonzalez is a member of the Association of of the plaintiffs in the recently certified class action Business Trial Lawyers (ABTL) and Consumer alleging employment discrimination at the Jacob K. Attorneys Association of Los Angeles (CAALA). He is Javits Convention Center, Cokely, et al. v. NYCCOC, et admitted to practice in the courts of the State of al. (S.D.N.Y.). In the mass torts practice, Mr. Fraser is a California and in the United States District Court for the key part of the team representing over 330 individuals Northern District of California. relating to injuries they sustained by their ingestion of LAURA GUNDERSHEIM graduated magna cum the diet drug combination known as Fen-Phen in In re laude, Phi Beta Kappa from University of California, Diet Drug Litigation Venued in Bergen County. In Los Angeles in 2001 with a B.A. degree in Political securities, he worked on the successfully resolved In re Science and Women’s Studies and from Harvard Law Racing Champions Securities Litigation (N.D. Ill.) and is School in 2004 where she was a founding member and currently a member of the team handling the landmark In the Vice-President of the Harvard Advocates for re IPO Securities Litigation, alleging various forms of Reproductive Choices and an executive committee market manipulation. member of the Women’s Law Journal. While in law Mr. Fraser is admitted to practice in New York, New school, Ms. Gundersheim worked at the Lawyers’ Jersey and the U.S. District Courts for the Southern Committee for Civil Rights, Health Law Advocates, The District of New York, the Eastern District of New York Hale & Dorr Legal Services Center and the Tenant and the District of New Jersey. Advocacy Project. CARLA FREDERICKS graduated magna cum laude Ms. Gundersheim focuses her practice primarily on from the University of Colorado in 1997 and from class actions on behalf of defrauded investors and Columbia Law School in 2001. While at Columbia, she consumers and on shareholder derivative litigation. She was a Public Interest Fellow, a Charles Evans Hughes also has been an integral member of the trial team in the Scholarship recipient, and Executive Editor of the landmark In Re Walt Disney Derivative Litigation case Columbia Journal of Environmental Law. Prior to law which has redefined the fiduciary duties of directors in school, Ms. Fredericks served as an AmeriCorps public companies. volunteer in Colorado. She has performed extensive pro Ms. Gundersheim is admitted to practice in the courts bono work on behalf of community organizations and of the State of New York and in the United States the wrongfully convicted. District Court for the Southern District of New York. Ms. Fredericks joined Milberg Weiss in 2005. She SHANNON HOPKINS earned her B.A. degree from focuses her practice on securities and class action Bryant College in 1995, cum laude, and her J.D. degree litigation. She also has significant experience in civil from Suffolk University Law School in 2003, magna rights litigation and labor and employment law. cum laude. Ms. Hopkins focuses her practice on class Ms. Fredericks was admitted to the New York State actions on behalf of defrauded investors. Prior to joining Bar in 2002. She is a member of the New York State Milberg Weiss, she was associated with the Boston Bar Association and the New York County Lawyers office of Berman DeValerio Pease Tabacco Burt & Association. Pucillo, where she focused her practice on securities litigation. Ms. Hopkins is also a Certified Public RAMON M. GONZALEZ graduated from the Accountant and worked for a major public accounting University of California at Irvine with a B.A. degree in firm before becoming an attorney. During law school, English in 1992, and from Stanford Law School in 1996. Ms. Hopkins was a member of the Journal of High While in law school, Mr. Gonzalez was the recipient of Technology and authored a note entitled, “Cybercrime scholarships from the Mexican-American Legal Defense Convention: A Positive Beginning to a Long Road and Education Fund (MALDEF) and the League of Ahead,” 2 J. High Tech. L. 101. Ms. Hopkins also United Latin American Citizens (LULAC). After served on the executive board of Phi Delta Phi. graduating from law school, Mr. Gonzalez pursued a writing career full time before returning to the practice of Ms. Hopkins is admitted to practice in the courts of law. the States of Massachusetts and New York, as well as the United States District for the District of Massachusetts. Mr. Gonzalez focuses his practice in the areas of securities and consumer class actions. Prior to joining TODD KAMMERMAN received his B.A. degree Milberg Weiss, Mr. Gonzalez worked as an attorney at cum laude with honors in politics from Brandeis Buresh Kaplan Jang & Feller in the Bay Area (Berkeley, University in 1999. In 2002, he received his J.D. degree CA), focusing on insurance defense, subrogation, from the Benjamin N. Cardozo School of Law. While at products & premises liability, and inverse condemnation. Cardozo, Mr. Kammerman was named an Alexander Fellow, through which he worked as a judicial intern in

Firm Résumé 36 the chambers of the Honorable Joseph A. Greenaway, Mr. Khurana focuses his practice primarily on class Jr., U.S.D.J. in Newark, NJ. Mr. Kammerman is a actions on behalf of defrauded investors and consumers, member of the bars of the States of New York and New as well as complex commercial litigation. Prior to Jersey and is admitted to practice before the United joining Milberg Weiss in August 2005, Mr. Khurana States District Court for the District of New Jersey. worked as an associate with a major international law firm in New York, concentrating in the area of complex JOSHUA KELLER graduated from the University of commercial litigation. North Carolina in 1998 and from Albany Law School of Union University in 2004. Prior to entering law school, Mr. Khurana is a member of the Federal Bar Council Mr. Keller was a Trial Preparation Assistant in the New and admitted to practice in the state and federal courts of York County District Attorney’s Office. While a law New York. student, Mr. Keller was associate editor of Albany Law HANNAH K. KIERNAN graduated cum laude from Review and participated in the Senior Prize Trials the University of Michigan in 1994 with a B.S. degree in competition. Nursing. She practiced nursing on a general medical Mr. Keller focuses his practice on securities class floor at New York University Medical Center between action litigation on behalf of defrauded individual and 1994-1997. Ms. Kiernan graduated from Boston College institutional investors. He currently represents Law School, where she was a Member of the Jessup shareholders in cases where Milberg Weiss has been International Moot Court Team, in 2000. While in law appointed lead counsel, including In re Sears, Roebuck school, Ms. Kiernan was awarded a Public Interest Law & Co. Sec. Litig. (N.D. Ill.). Foundation, Distinguished Civil Rights Award for her paper entitled “Insanity or Death: The Choice that Mr. Keller was admitted to the New York State Bar Violates the 8th Amendment.” in 2005. Ms. Kiernan is the co-author of “Reviewing JANUARY L. KERR received her B.A. degree in Discovery Under HIPAA Privacy Rules” which was government and law from Lafayette College and published in the New York Law Journal on August 17, graduated from New York Law School, cum laude in 2001. She is also co-author of “The Patient Health 2001. While at NYLS, Ms. Kerr was active in the Moot Information and Quality Improvement Act of 2000: Court Association and served as the Executive Editor. Health Care Consumers Beware - or Befuddled?” which She received several awards including the Morris Orland was published in Mealey’s Managed Care Liability Award for Excellence in Appellate Advocacy and the Report on December 8, 2000. National Second Best Brief Award at the Burton D. Weschler Moot Court Competition. In 2001, Ms. Kerr Ms. Kiernan is a member of the American Bar was awarded the National Moot Court Association Association and the New York State Bar Association. In Honors and was elected into the Order of the Barristers. 2001, Ms. Kiernan was admitted to the New York State She was the Recipient of the Arthur Abbey Fellowship Bar. She is also admitted to practice before United for public advocacy in 2002. Ms. Kerr has completed States District Courts for the Southern and Eastern internships for the US Attorney’s Office for the Southern Districts of New York. District of New York and the Honorable Kevin Thomas SABRINA KIM earned her B.A. degree from the Duffy, U.S. District Judge, S.D.N.Y. Ms. Kerr joined University of California, Los Angeles, in 1992, and her Milberg Weiss in 2003. J.D. degree from the University of California, Hastings Ms. Kerr is a member of the New York State Bar College of Law in 1996. Association, New York County Lawyers Association, Ms. Kim focuses primarily on securities and New Jersey State Bar Association and the American Bar consumer class actions on behalf of defrauded investors Association. She is admitted to the Bars of the States of and consumers. Ms. Kim came to Milberg Weiss from New York and New Jersey and the United States District the California Department of Justice, where she was a Court for the State of New Jersey. deputy attorney general in the Consumer Law Section ARVIND B. KHURANA received his B.A. from for six years. During her tenture as a state prosecutor, State University of New York at Albany in 1993 and a Ms. Kim served on the Attorney General's Asian Pacific J.D. from St. John’s University School of Law in 1999, Islander Advisory Board and prosecuted several high- Dean’s List Graduate. While in law school, Mr. profile, complex state and federal consumer fraud cases, Khurana was on the Dean’s List from 1995-1999 and a including those against major predatory lenders, member of the American Bankruptcy Institute Law notorious immigration consultants, and others who Review. engaged in unlawful and deceptive business practices. Ms. Kim has served as a speaker or panelist on Business

Firm Résumé 37 and Professions Code Section 17200 and Proposition 64 New York, and is admitted to practice in the Southern for the Los Angeles County Bar Association Symposium and Eastern Districts of New York. and Mealey's Section 17200 Conference. Ms. Kim has ANN M. LIPTON graduated with distinction from also taught Consumer Law as an adjunct professor at Stanford University in 1995, Phi Beta Kappa, with a Loyola Law School and is a board member of the B.A. degree in communication and psychology. In 2000, Association of Business Trial Lawyers. Ms. Lipton graduated magna cum laude from Harvard Ms. Kim is admitted to practice in the courts of the Law School, where she was awarded the Sears Prize for State of California, as well as the United States District her second-year grade point average and served as an Court for the Central District of California. Articles Editor for the Harvard Law Review. Prior to joining Milberg Weiss, she clerked for Chief Judge RYAN KRIGER received his B.S. and B.A. degrees Edward R. Becker of the United States Court of Appeals from Rutgers University in 1996, and his J.D. from the for the Third Circuit, and Associate Justice David H. New York University School of Law in 2004. Prior to Souter of the United States Supreme Court. She was entering law school and joining Milberg Weiss, Mr. admitted to the New York State Bar in 2001. Kriger worked for GE Capital Corp. as a systems analyst in its Information Management Leadership Program, and DAVID B. MANNO graduated from Hofstra then as an independent consultant specializing in University in 1992 with a B.B.A. degree in management. databases and data analysis tools, primarily at the He received his J.D. degree with distinction from Hofstra Federal Trade Commission in Washington, D.C. University School of Law in 1997. Mr. Manno primarily represents companies in connection with public and Mr. Kriger specializes in antitrust, consumer private financings, mergers and acquisitions, securities protection class actions and complex litigation. He transactions and general corporate matters. During 2004, currently represents the direct or indirect purchaser he served as an arbitrator in the Civil Court of New York classes in several matters including In re Del Monte Small Claims Part in Queens, New York. Mr. Manno is Fresh Pineapples Antitrust Litigation (S.D.N.Y.), Cox v. admitted to practice in the courts of the State of New Microsoft (N.Y. Sup. Ct.), and In re New Motor Vehicles York. Canadian Export Antitrust Litigation (D. ME). SHANNON M. MCKENNA received a B.S. from Mr. Kriger was admitted to New York State Bar in The College of New Jersey (formerly Trenton State 2005. College) in 2000. She graduated from The Catholic MATTHEW A. KUPILLAS graduated from the University of America, Columbus School of Law in State University of New York at Albany in 1990 with a 2003. While still in law school, Ms. McKenna gained B.A. degree in philosophy. In 1994, Mr. Kupillas trial experience in D.C. Superior Court representing received his J.D. degree from New York University indigent clients for D.C. Law Students in Court. After School of Law. Mr. Kupillas focuses his practice graduating from law school, Ms. McKenna served as primarily on class actions on behalf of defrauded federal judicial law clerk for the Honorable James investors and consumers, as well as complex commercial McGirr Kelly, U.S.D.J., and for the Honorable David R. litigation. His involvement in the In re Oxford Health Strawbridge, U.S.M.J ., both of the District Court for the Plans, Inc. Securities Litigation helped shareholders Eastern District of Pennsylvania. Following her recover an aggregate settlement of $300 million. Mr. clerkship, Ms. McKenna joined Milberg Weiss, where Kupillas is a member of the New York State Bar she has become an integral part of several securities Association and the American Bar Association. He is a fraud matters. member of the bar of the State of New York and is Ms. McKenna focuses her practice primarily on class admitted to practice before the United States District actions on behalf of defrauded investors and consumers. Court for the Eastern District of Wisconsin. Ms. McKenna is a member of the bars of the States of SHARON M. LEE graduated from St. John’s New Jersey and Pennsylvania and is awaiting her New University in 1997 with a B.A. degree in Asian studies, York bar examination results. and a M.A. degree in East Asian studies in 1998. Ms. CAROLINE MARSHALL graduated from Lee earned her J.D. degree from St. John’s University Dartmouth College in 1988 with a B.A. degree in School of Law in 2001 where she was the notes and philosophy. In 1992, she received her J.D. degree from comments editor of The New York International Law Fordham University School of Law, where she was Review, and the author of an article published therein. captain of Fordham’s National Moot Court Team and a Ms. Lee is a member of the New York State Bar recipient of an Excellence in Advocacy award. Ms. Association. She is admitted to the bar of the State of Marshall served as a trial assistant at the New York County District Attorney’s Office for three and a half

Firm Résumé 38 years and as an assistant corporation counsel for the Law and consumers. Her work with the healthcare team Department for the City of New York for one year. Ms. includes participation in numerous federal and state Marshall then spent five years practicing criminal litigations, including two large multi-district litigations defense both in private practice and as a public defender. in federal courts. Before joining the Firm in 2003, she worked for Deloitte Ms. Nesbitt is admitted to the Bars of the States of & Touche’s Business Intelligence Unit. Ms. Marshall is Nebraska and New York and the District of Columbia. admitted to the New York State bar. She is a member of the New York County Lawyers KRISTI STAHNKE MCGREGOR received her Association where she sits on the Minorities & Law and B.A. degree in political science, Phi Beta Kappa, from the Young Lawyers Section Committees. In addition, the University of Florida in 1995. She spent two years, she is a member of the Nebraska State, District of 1993-94 and 1995-96, studying political science and Columbia, New York State and American Bar economics at the Rheinische Friedrich-Wilhelms- Associations. Universitaet Bonn in Bonn, Germany. In 1999 Ms. BETH PARR earned her B.A. degree from Emory McGregor received her J.D. degree from Emory University in 2001, summa cum laude, and her J.D. from University School of Law, where she was the Research Georgetown University Law Center in 2004, cum laude. Editor of the Emory International Law Review and Ms. Parr focuses her practice primarily on class actions student law clerk to Justice Norman Fletcher of the on behalf of defrauded investors and violations of state Georgia Supreme Court. and federal consumer protection statutes. Ms. Parr After graduating law school, Ms. McGregor was a graduated summa cum laude from Emory University in recipient of the German Chancellor Fellowship through 2001 with a Bachelors degree in Political Science, and the Alexander Von Humboldt Foundation, which cum laude from Georgetown University Law Center in allowed her to attend the Westfaelische Wilhelms- 2004, where she was a senior editor of the Georgetown Universitaet Muenster in Muenster, Germany and Journal on Poverty Law and Policy, as well as two-time receive her LL.M. degree magna cum laude in German recipient of the C. Keefe Hurley Scholarship. While in civil law in 2001. law school, Ms. Parr served as a legislative intern at the National Low Income Housing Coalition, and authored Prior to joining Milberg Weiss in 2002, Ms. the article Almost Home: Policy and Politics in the McGregor practiced in the international section of a Campaign for a National Housing Trust Fund, 11 GEO. large Atlanta law firm. She focuses her practice J. POVERTY LAW & POL'Y 321 (2004). She also primarily on class actions on behalf of defrauded participated in the Housing and Community investors, as well as complex commercial litigation. She Development Clinic for the Harrison Institute for Public has particular experience in international litigation, Law and served on the Board of the Georgetown Chapter primarily involving European companies. She is fluent of the American Constitution Society. in German. Ms. McGregor was admitted to the State Bar of Georgia in 1999, the New York Bar in 2003 and the Ms. Parr is admitted to practice in the courts of the Florida Bar in 2004. State of New York. JOHN MILLS earned his B.A. degree from Duke CHRISTOPHER POLASZEK earned his B.S. degree University in 1997, and his J.D. degree from Brooklyn from Florida State University in 1992, cum laude, his Law School in 2000, cum laude. Mr. Mills is admitted M.B.A. degree from Florida State University in 1997, to practice in the courts of the State of New York. cum laude, his J.D. degree from Florida State University in 1997, cum laude, and his LL.M. degree from JOY NESBITT received a B.S., with honors, from Georgetown University in 2000. While pursuing his Florida A&M University in 1996, and an M.S. from legal education, Mr. Polaszek interned with the Florida Northeastern University in 1997. She graduated from Senate and United States Senator Bob Graham. Mr. Northeastern University School of Law in 2001. Upon Polaszek currently specializes in securities fraud graduating from law school, Ms. Nesbitt began her litigation. Prior to joining Milberg Weiss, Mr. Polaszek career as an associate in commercial litigation with spent several years practicing commercial litigation with Blackwell Sanders Peper Martin, LLP in Omaha, an emphasis on securities litigation and arbitration. In Nebraska where she conducted multiple successful this regard, in addition to litigating matters in state and settlement negotiations and practiced both defense and federal courts, he has represented numerous clients in plaintiff work in labor & employment and complex securities arbitration proceedings conducted by the multi-district litigation. National Association of Securities Dealers, Inc., the New Ms. Nesbitt focuses her practice on healthcare York Stock Exchange, and the American Arbitration litigation on behalf of physicians, medical associations Association. Mr. Polaszek is also a member of the

Firm Résumé 39 Federal Bar Association and the American Bar Criminal Justice in 1994. He earned his J.D. degree Association. from Fordham University School of Law in 1997, where he was an articles and notes editor of the Fordham Mr. Polaszek is admitted to practice in the courts of Urban Law Journal and the recipient of the Department the State of Florida, as well as the United States District of Justice Civil Rights Fellowship. Mr. Ramirez is the Courts for the Northern and Middle Districts of Florida. author of “Administrative License Suspensions, Criminal JOHN RADICE graduated magna cum laude from Prosecution and the Double Jeopardy Clause,” 23 Princeton University in 1997 with a Bachelor of Arts FORDHAM URB. L.J. 923 (1996). Upon graduation degree in Politics and a Certificate in Political Theory. from law school, he served as an assistant district After working in finance for several years, Mr. Radice attorney in the Trial Division of the Manhattan District graduated from the NYU School of Law where he was Attorney’s Office for three years. an Arthur Garfield Hays Civil Rights & Civil Liberties Mr. Ramirez was admitted to the bar of the State of Fellow and a member of the Journal of Legislation & New York in 1998, and is admitted to practice before the Public Policy. Through the Hays Fellowship, Mr. United States District Court for the Southern and Eastern Radice completed internships at the NAACP Legal Districts of New York. He is a member of the Defense & Education Fund and the ACLU Immigrants' Association of the Bar of the City of New York and the Rights Project. New York State Bar Association. Prior to joining Milberg Weiss, Mr. Radice clerked JOHN REDIKER earned his B.A. degree from the for Judge Edith Brown Clement of the United States University of North Carolina in 1994, and his J.D. Court of Appeals for the Fifth Circuit in New Orleans. degree from Washington and Lee University School of Mr. Radice focuses his practice on False Claims Act Law in 1999. Mr. Rediker’s practice involves class litigation, representing whistleblowers in numerous cases action securities and consumer fraud litigation. In currently pending under seal, and securities litigation. addition, Mr. Rediker also has experience in multi-party Mr. Radice is a member of the American Bar environmental litigation, complex commercial litigation, Association, the Association of the Bar of the City of and he was associate in-house counsel for an New York, and Taxpayers Against Fraud Education international corporation. While in law school, he was Fund (TAF). He is admitted to practice law in the state Articles Editor for the Environmental Law Digest and courts of New Jersey and New York, and in the Federal was a third-year practice certified advocate for the Legal District Courts for the District of New Jersey, and for the Aid Society of Rockbridge County. Southern and Eastern Districts of New York. Mr. Rediker is admitted to practice in the courts of ANDREI RADO, born in Bucharest, Romania, the State of Colorado, as well as the United States earned his B.A. degree in psychology summa cum laude, District Court for the District of Colorado, and the at the State University of New York at Buffalo in 1996; United States Court of Appeals for the Tenth Circuit. and his J.D. degree at St. John’s University, cum laude in TATIANA RODRIGUEZ received a B.A. degree 1999, where he was a member of Phi Beta Kappa. Mr. from McGill University in 1998, a J.D. from University Rado authored 12 New York International Law Review of San Diego School of Law in 2001, and an L.L.M. 97, 1999. from Boston University in Banking and Financial Law in Mr. Rado, who is fluent in Romanian, has worked at 2004. During her LL.M. at Boston University, Ms. Milberg Weiss since 2000, where his practice focuses on Rodriguez assisted in organizing and preparing materials securities and consumer class actions. Prior to joining examining the history and problems of the Investment Milberg Weiss, Mr. Rado worked as an attorney at Bear Company Act. She also researched and wrote many Stearns & Co. Inc., focusing on rules and regulations papers dealing with current issues in the investment relating to resales of control and/or restricted securities. management industry. While in law school, Mr. Rado was a senior staff Ms. Rodriguez focuses her practice on class actions member of the New York International Law Review. Mr. on behalf of defrauded investors and consumers. She Rado is the author of a case commentary, Ministry of currently represents shareholders in actions against Defense of Iran v. Cubic Defense Systems Inc., 12 N.Y. various mutual fund families in which Milberg Weiss Int’l. L. Rev. 97 (1999). has been appointed sole lead counsel, including In re Mr. Rado is admitted to practice in the courts of the Goldman Sachs Fee Litigation (S.D.N.Y.) and In re State of New York, as well as the United States District Dreyfus Fee Litigation (W.D. Pa.). Court for the Southern District of New York. Ms. Rodriguez is admitted to the Bars of the States of CARLOS F. RAMIREZ earned his B.S. degree in New York and California. legal studies cum laude from John Jay College of

Firm Résumé 40 ELIZABETH ROSENBERG graduated from the Mr. Sheehan was admitted to the bar of the Supreme University of Michigan in 1998 with a B.A. degree in Judicial Court of Massachusetts in 1998 and the bar of psychology. In 2001, she earned her J.D. degree from the State of New York in 2000. He is also admitted to Brooklyn Law School. Ms. Rosenberg is admitted to practice in the United States District Courts for the practice in the State of New York and is a member of the Southern and Eastern Districts of New York. He is also New York State Bar Association. a member of the American Bar Association and the Bar of the City of New York. Mr. Sheehan’s practice LILI R. SABO graduated from the State University focuses on the representation of health care providers of New York at Albany in 1997 with a B.A. degree in and consumers in complex health care litigation. political science. She earned her J.D. degree from Brooklyn Law School in 2002. Ms. Sabo was admitted TOMASITA L. SHERER earned her B.A. from New to the bar of the State of New York in 2003, and is York University in 1992, and her J.D. degree from admitted to practice before the United States District Fordham University School of Law in 1999. focuses her Court for the Southern and Eastern Districts of New practice primarily on pharmaceutical litigation on behalf York. of injured consumers. Currently, she represents hundreds of individuals in Vioxx, Bextra and Fen Phen JENNIFER SCLAR earned her B.A. degree from litigation. Mrs. Sherer is also experienced with mass tort Barnard College in 1991, and her J.D. degree from litigation involving several other industries including Columbia University in 1995. Ms. Sclar is admitted to insurance, manufacturing and transportation. Mrs. practice in the courts of the State of New York, as well Sherer has assisted in the negotiation and as the United States District Courts for the Southern and implementation of class action settlements in the Eastern Districts of New York. following types of cases: environmental & chemical PATRICK J. SHEEHAN received his B.A. from the contamination, occupational chemical exposure and College of the Holy Cross in 1993 with a B.A. degree in insurance sales practices. In addition to her toxic tort history. In 1997, he received a J.D. degree from and product liability practice, Mrs. Sherer has experience Northeastern University School of Law, where he was an in general commercial litigation, arbitration and antitrust editor of the NU Forum, the school’s law journal. matters. Mr. Sheehan focuses his practice on the After college and prior to law school, Mrs. Sherer representation of consumers, medical associations and worked as a radio broadcaster for a national syndication health care providers in class actions and other complex firm and was heard on several major market radio litigation. stations including WINS AM and WCBS AM in New York. Mr. Sheehan is the co-author of a number of publications, including: “Class Actions In The Mrs. Sherer is an active volunteer for several Healthcare Context,” which was published for the community based organizations. She is also a member following legal conferences: “Class Action Health Care of several bar associations, including the American Bar Litigation,” ALI-ABA Health Car Law and Litigation Association. Mrs. Sherer was admitted to the New York Conference, 1999; “Class Actions: HMO and Health State Bar in 2000. Care Providers Under Attack,” ALI-ABA Life and RALPH SIANNI graduated cum laude with Health Insurance Litigation Conference, 2000; distinction from the University of Pennsylvania in 1990 “Providers (Suits by Doctors and Hospital Class with a B.A. degree in history (American legal and Actions),” ALI-ABA Health Car Law and Litigation constitutional) and was named to the Dean’s List and to Conference, 2000; “The Application of ERISA and Outstanding College Students of America. He earned an RICO Theories in the Age of Managed Care,” The M.A. degree from Yale University in history (American Judges and Lawyers Breast Cancer Alert, 2000; and legal and constitutional) in 1991 and a J.D. degree from “Health Care Litigation: What You Need to Know After the Boston University School of Law in 1995, where he Pegram,” Practicing Law Institute, 2000. Mr. Sheehan is served as an editor of the Boston University Public also the co-author of “An Overview of Class Action Interest Law Journal. While in law school, Mr. Sianni Litigation In the Managed Care Context,” which was served as a teaching assistant for a course in the Boston published for the following legal conferences: “Provider University College of Communications, in both the Suits by Doctors and Hospitals v. HMOs,” ALI-ABA graduate and undergraduate divisions, Mass Media and Health Car Law and Litigation Conference, 2001 and the First Amendment, where he lectured on issues of American Society of Medical Associations Counsel, Fall defamation, advertising law, and basic trademark and 2002. copyright.

Firm Résumé 41 After law school, Mr. Sianni served as law clerk to Ms. Smith was admitted to practice in the State of the Hon. Stephen J. McEwen, Jr., President Judge of the Maryland in 2001 and admitted to practice in the State of Pennsylvania Superior Court. Prior to joining Milberg New York in 2003. Weiss, Mr. Sianni practiced in the areas of appellate LEIGH SMITH earned her B.A. degree from litigation, bankruptcy and trademark prosecution. Mr. Rutgers University, New Brunswick, in 1990, with high Sianni was also part of a pro bono team for a prisoner honors, her M.A. degree from Rutgers University, New civil rights case that was heard by the United States Brunswick, in 1994, and her J.D. degree from Cornell Supreme Court. Law School in 1999. Ms. Smith focuses her practice on Mr. Sianni focuses his practice primarily on class actions on behalf of defrauded investors. She also shareholder class actions involving mergers and has significant experience with complex commercial acquisitions, as well as securities class actions. litigation. At Rutgers, Ms. Smith majored in French and was elected to Phi Beta Kappa and Phi Sigma Iota. As a Mr. Sianni is a member of the bars of the state of graduate student, she studied French literature and film Delaware, the commonwealth of Pennsylvania and the and spent a year in France working as an assistant District of Columbia. Mr. Sianni is also admitted to English teacher. In law school, Ms. Smith served as the practice and before the United States District Courts for Acquisitions Editor for the Cornell Journal of Law and the District of Delaware and the Eastern District of Public Policy and was a member of the Cornell Moot Pennsylvania, the United States Court of Appeals for the Court Board. She was a finalist in the Cuccia Cup Moot Third Circuit, and the United States Supreme Court. Court Competition and received a CALI Award for CHRISTIAN SIEBOTT graduated in 1998 from the Outstanding Achievement for her work in Cornell’s City University of New York School of Law where he Legal Aid Clinic. She also was active in a number of was a Belle Zeller Scholar. Prior to joining Milberg student organizations, including the Public Interest Law Weiss, Christian clerked in the United States Court of Union and the Women’s Law Coalition, and was co- Appeals for the Second Circuit and the United States chair of Lambda Law Students. Since graduating, Ms. District Court for the Southern District of New York. He Smith has been associated with law firms in New York currently serves as an adjunct professor of Law at and New Jersey. Cardozo Law School, and is a member of the Ms. Smith is admitted to practice in the courts of the Association of the Bar of the City of New York, the New States of New York, New Jersey and Massachusetts, as York State Bar Association, the American Bar well as the United States District Courts for the District Association, and the Federal Bar Council Inn of Court. of New Jersey, the District of Massachusetts, and the Christian is admitted to practice in New York State, Southern and Eastern Districts of New York. the United States District Courts for the Southern and CARY L. TALBOT graduated from the University Eastern Districts of New York, and the United States of Michigan in 1991 with a B.A. degree. In 1997, he Courts of Appeals for the Second and Federal Circuits. earned his J.D. degree from Washington University in St. ALISHA C. SMITH graduated from the University Louis, where he was an associate editor of the of Maryland in 1997 with a B.A. degree in government Washington University Law Quarterly. Mr. Talbot is a and politics. In 2000, she earned her J.D. degree from member of the New York State Bar Association and the Washington University School of Law in St. Louis. American Bar Association. He is admitted to the New While a law student, Ms. Smith clerked for Judge York State Bar and is admitted to practice before the Theodore McMillian on the United States Court of United States District Court for the Southern District of Appeals for the Eighth Circuit. Prior to graduation, she New York. worked as a full-time intern at the Securities and ILZE C. THIELMANN earned her A.B. degree from Exchange Commission in the Division of Market Princeton University in 1988, and her J.D. degree from Regulation Office of Chief Counsel. Columbia Law School in 1994. Ms. Thielmann is a After graduation, Ms. Smith remained in the member of Milberg Weiss’ healthcare litigation practice, Washington, D.C. area and in 2002 she received her and represents physicians, medical associations and LL.M. in securities regulation from the Georgetown consumers in complex litigations combating the University Law Center. wrongful practices of health insurers in state and federal courts throughout the United States. Ms. Smith focuses her practice in the area of securities fraud class action litigation. Upon graduating from Columbia Law School in 1994, Ms. Thielmann began her career in complex Ms. Smith is a member of the Maryland State Bar commercial litigation at Simpson Thacher & Bartlett in Association, the American Bar Association, and the New York. She moved on to Kirkland & Ellis in 1996, Securities and Exchange Commission Historical Society.

Firm Résumé 42 where she did both defense and plaintiff work in Mr. Weiss’s practice areas include securities class complex commercial litigation until she departed after action litigation and consumer fraud litigation on behalf becoming a mother in 1999. Ms. Thielmann joined the of defrauded individual and institutional investors. In his Milberg Weiss healthcare litigation team on a part-time largest case, he represents mutual fund investors in basis in 2001 and has since become an associate of the actions alleging that mutual fund companies and Firm. brokerage houses are charging their clients excessive fees and commissions. Mr. Weiss was admitted to the Ms. Thielmann’s work with the healthcare team has New Jersey State Bar in 2004 and the New York State included participation in numerous federal and state Bar in 2005. litigations, including two large multi-district litigations in federal courts, work on several groundbreaking JOSEPH E. WHITE III graduated from Tufts settlements with major health insurers, and extensive University in 1996 with a B.A. degree in political appellate work on behalf of appellant medical science. In 2000, he earned a J.D. degree from Suffolk associations and class action representatives in various University Law School where he was also awarded parts of the country. Honorable Mention for Distinguished Oral Advocacy. Prior to joining Milberg Weiss, Mr. White gained Ms. Thielmann is admitted to practice in the courts of experience in all facets of civil litigation as an associate the State of New York, as well as the United States with an insurance defense firm concentrating in fraud District Courts for the Southern and Eastern Districts of cases. New York. Mr. White focuses his practice on investigating fraud MELISA TWOMEY graduated from the Cornell and initiating class actions on behalf of defrauded University School of Industrial and Labor Relations in individual and institutional investors. He has aided in 2001 and earned her J.D. degree from Wayne State successful recovery of investor losses in In re Hamilton University School of Law in 2004. Ms. Twomey focuses Bancorp Securities Litigation (S.D. Fla.), In re Intercept her practice on class actions on behalf of defrauded Inc. Securities Litigation (N.D. Ga.), In re Clarus investors and consumers. She primarily represents Securities Litigation, (N.D. Ga.) and In re Unicapital defrauded shareholders in actions involving securities Securities Litigation (S.D. Fla). and accounting fraud. Ms. Twomey is admitted to the Florida State Bar and the District Court for the Middle When not litigating on behalf of defrauded investors, District of Florida. Mr. White provides free educational presentations to institutional investors on topics ranging from securities OLIVIA VASILESCU graduated from University of litigation in general, to the beneficial role securities Pennsylvania in 1999 and earned her J.D. from The monitoring has in assisting pension trustees in meeting George Washington University Law School in 2003. their fiduciary duty. While in law school, she researched issues in securities and corporate law for several papers on the Sarbanes- Mr. White is a member of the state of Massachusetts Oxley Act and stock market failures. Ms. Vasilescu also Bar (2001), the U.S. District Court of Massachusetts Bar served as Co-President of the Law Association for (2002), and the state of Florida Bar (2003). Women, and was a recipient of the Law School Pro ADAM H. WIERZBOWSKI graduated magna cum Bono Award. laude with high honors in English from Dartmouth College in 2000 and earned his J.D. degree with honors Ms. Vasilescu focuses her practice primarily on from The George Washington University Law School in securities class actions on behalf of defrauded investors. 2003. While at George Washington, Mr. Wierzbowski She is a native French speaker. Ms. Vasilescu was was notes editor of The George Washington admitted to the New York State Bar in 2004. International Law Review and a member of the Moot ADAM WEISS graduated with Distinction from Court Board. Mr. Wierzbowski also won Best Brief and Cornell University in 1998, Phi Beta Kappa. In 2004, was the Best Overall Competitor in the 2001-2002 Giles Mr. Weiss graduated from the University of S. Rich Intellectual Property Law Moot Court Pennsylvania School of Law. Prior to entering law Competition. Mr. Wierzbowski is admitted to the New school, Mr. Weiss was an Investigator at the New York York State Bar. City Civilian Complaint Review Board. While a law student, he was a Senior Editor of the Journal of Mr. Wierzbowski focuses his practice on class Constitutional Law. He was also the recipient of the actions on behalf of defrauded investors and consumers. James Wilson Scholarship. Mr. Weiss was a summer He primarily represents mutual fund investors in actions associate at Milberg Weiss during the summers of 2002 involving the improper market timing and late trading of and 2003. mutual fund shares in In re Mutual Funds Investment

Firm Résumé 43 Litigation, MDL No. 1586 (D. Md.), and in actions alleging that mutual fund companies and brokerage houses are charging their clients excessive fees and commissions. ANDREW WILMAR graduated magna cum laude and with distinction from Yale University in 1996, where he majored in political science and philosophy. In 2001, Mr. Wilmar graduated from Harvard Law School, where he was an executive editor for the Harvard Civil Rights- Civil Liberties Law Review, and a finalist in the Ames Moot Court Competition. He was also named Best Oralist by a panel of state and federal judges during the semi-final round of the Ames Competition. Prior to joining Milberg Weiss, he was a law clerk to the Honorable Robert L. Carter of the United States District Court for the Southern District of New York. Mr. Wilmar’s practice is focused primarily on class actions on behalf of defrauded investors and consumers, as well as complex mass torts. Mr. Wilmar is a member of the New York Bar. RACHEL WINTTERLE earned her B.A. degree from the University of Wisconsin in 1991, her M.A. degree from American University in 1994, and her J.D. degree from Tulane University School of Law in 2002. Ms. Wintterle concentrates her practice primarily in the area of healthcare litigation. Ms. Wintterle is also active in pro bono work and teaches a weekly Street Law program in the New York City public school system. Ms. Wintterle is a member of the American Bar Association, New York State Bar Association and the Louisiana State Bar Association. Ms. Wintterle is admitted to practice in the courts of the States of Louisiana and New York. JENNIFER YOUNG received a B.A. degree from University of South Carolina in 1996. She graduated cum laude from the University’s School of Law in 2002. During law school, Ms. Young was Associate Editor in Chief of the South Carolina Law Review, as well as a member of the South Carolina Moot Court Bar. Ms. Young focuses her practice primarily on mass tort and complex commercial litigation. Prior to joining Milberg Weiss in 2005, Ms. Young worked as an associate at a New York law firm concentrating in the area of mass torts. Ms. Young is admitted to practice in the state courts of South Carolina and New York. Her admission to practice in England and Wales is currently pending.

Firm Résumé 44 EXHIBIT E The McDaniel Family Trust v. Wells Fargo & Company No. C-05-04518-WHA

List of All Mutual Fund Cases Brought by Milberg Weiss Bershad & Schulman LLP

Directed Brokerage Case s

Name of Case Court Judge Milberg Weiss Status Bershad & Schulman LLP Leadership Structure In re American Express S.D.N.Y. Hon. Deborah A . Co-Lead Counsel $100 million settlement pending Investment Advisors Batts court approval Securities Litigation , No. 04cv1773 Spahn. v. Edward Jones E.D. Mo. Hon. Henry E. Co-Lead Counsel The plaintiffs' second amended & Co., L.P., No. 04cv86 Autrey complaint is due 4/13/06 . In re Merrill Lynch S.D.N.Y. Hon. Richard Owen Lead Counsel Oral Argument held on th e Investment Management defendants' motion to dismiss on Funds Securities 9/16/05 . Motion pending . Litigation, No . 04cv375 9 In re Morgan Stanley S .D .N.Y. Hon. Richard Owen Lead Counsel Oral Argument held on th e and Van Kampen defendants' motion to dismiss o n Mutual Funds Securities 12/10/04 . Motion pending . Litigation, No . 03cv8208 Hoffman v. UBS AG, S .D .N.Y. Hon. Deborah A. Lead Counsel Plaintiffs' amended complaint is No. 05cv6817 Batts due 4/3/06. In re Salomon Smith S .D .N.Y. Hon. Paul A. Crotty Plaintiffs' Counsel Oral argument held on the Barney Mutual Fund Fee defendants' motion to dismiss o n Litigation, 04cv4055 2/10/06. Motion pending. Excessive Fees Cases

Name of Case Court Judge Milberg Weiss Status Bershad & Schulman Leadership Structure Boyce v. AIM S.D. Tex. Hon. Keith P . Ellison Proposed Co-Lead Defendants' reply brief to the Management Group, Counsel plaintiffs' opposition to th e Inc., No. 04cv2587 motion to dismiss is due 2/28/06. In re AllianceBernstein S.D.N.Y. Hon. Shirley Wohl Co-Lead Counsel The Court dismissed the Mutual Funds Excessive Kram plaintiffs' complaint. Plaintiffs Fee Litigation, No. have pending a motion for leave 04cv4885 to file a second amended complaint. In re American Mutual C.D. Cal. Hon. Gary A. Feess Co-Lead Counsel Plaintiffs filed their amended Funds Fee Litigation, complaint on 2/16/06 . No. 04cv5593 In re BlackRock Mutual W.D . Pa. Hon. Terrence F . Lead Counsel and The parties are briefing th e Funds Fee Litigation, McVerry Chair of the plaintiffs' defendants' motion to dismiss . No. 04cv0164 Executive Committee In re Columbia Entities D. Mass. Hon. Robert E. Proposed Co-Lead The court dismissed the plaintiffs ' Litigation, No . Keeton Counsel complaint. Plaintiffs filed a 04cv11704 notice of appeal. In re Dreyfus Mutual W.D. Pa. Hon. Gary L. Lead Counsel and The Court denied in part the Funds Fee Litigation, Lancaster Chair of the plaintiffs' defendants' motion to dismiss . No. 04cv128 Executive Committee The defendants subsequently file d a motion for judgment on th e pleadings for which the parties are briefing.

In re Eaton Vance S.D.N.Y. Hon. John G. Koeltl Lead Counsel and The Court dismissed the Mutual Funds Fee Chair of the plaintiffs' plaintiffs' complaint. Plaintiffs Litigation, No . Executive Committee filed a notice of appeal . 04cvl144 Name of Case Court Judge Milberg Weiss Status Bershad & Schulman Leadership Structure In re Evergreen Mutual S.D.N.Y. Hon. Robert W. Co-Lead Counsel Oral argument held on the Funds Fee Litigation, Sweet defendants' motion to dismiss on No . 04cv4453 5/18/05 . Motion pending . In re Federated Mutual W.D. Pa. Hon. David S. Lead Counsel Plaintiffs filed their amended Funds Excessive Fee Cercone complaint on 1/17/06. Litigation, No . 04cv352 Gilliam v. Fidelity D. Mass. Hon. Marianne B. Tri-Lead Counsel The parties are briefing th e Management and Bowler defendants' motion to dismiss . Research Company, No. 04cvl1600 In re Franklin Mutual D .N.J. Hon. William J. Lead Counsel The Court dismissed the Funds Fee Litigation, Martini plaintiffs' complaint, but allowed No . 04cv982 them to file an amended complaint. Plaintiffs' amende d complaint is due 3/10/06 . In re Goldman Sachs S.D.N.Y. Hon. Naomi Reice Lead Counsel and The Court dismissed the Mutual Funds Fee Buchwald Chair of the plaintiffs' plaintiffs' complaint. Plaintiffs Litigation, No . Executive Committee will be filing a notice of appeal . 04cv2567 In re Hartford Mutual D . Conn. Hon. Alvin W. Lead Counsel and The parties are briefing th e Funds Fee Litigation, Thompson Chair of the plaintiffs' defendants' motion to dismiss . No. 04cv344 Executive Committee

In re Lord Abbett D.N.J. Hon. William J. Lead Counsel and The Court denied in part the Mutual Funds Fee Martini Chair of the plaintiffs' defendants' motion to dismiss . Litigation, No . 04cv559 Executive Committee Plaintiffs filed an amende d complaint in accordance with the Court's opinion. Name of Case Court Judge Milberg Weiss Status Bershad & Schulman Leadership Structure Forsythe v. Sun Life D. Mass. Hon. George A. Proposed Tri-Lead The Court denied in part the Financial Inc ., No. O'Toole Counsel defendants' motion to dismiss . 04cv10584 The defendants' answer is due 2/21/06. In re Oppenheimer S.D.N.Y. Hon. Jed S . Rakoff Co-Lead Counsel The parties are briefing th e Funds Fees Litigation, defendants' motion to dismiss . No. 04cv7022 In re Allianz Dresdner D. Conn. Hon. Christopher F. Co-Lead Counsel Oral Argument held on th e Mutual Funds Fee Droney defendants' motion to dismiss on Litigation, No . 04cv280 8/11/05 . Motion pending . Defendants have been ordered t o produce discovery, and have done so. In re Scudder Mutual S .D.N.Y. Hon. Deborah A. Tri-Lead Counsel Plaintiffs filed an amended Funds Fee Litigation, Batts complaint on 12/20/05 . No. 04cv192 1 In re Davis Selected S .D.N.Y. Hon. Miriam Plaintiffs' Counsel The Court dismissed the Mutual Funds Litigation, Goldman Cedarbaum plaintiffs' complaint. The 04cv4186 plaintiffs filed a notice of appeal .