In Re Jones Soda Company Securities Litigation 07-CV-01366

1 THE HONORABLE ROBERT S. LASNIK

6 UNITED STATES DISTRICT COURT 7 WESTERN DISTRICT OF WASHINGTON AT SEATTLE 8 In re JONES SODA COMPANY Master File No. 07-CV- 1366-RSL 9 SECURITIES LITIGATION 10 CLASS ACTION

11 MOTION FOR APPOINTMENT OF THE This Document Relates To: All Actions JUDAH PLAINTIFFS AS LEAD 12 PLAINTIFFS AND FOR APPOINTMENT OF CO-LEAD COUNSEL; 13 MEMORANDUM OF POINTS AND 14 AUTHORITIES IN SUPPORT THEREOF

15 NOTE ON MOTION CALENDAR: November 23, 2007 16 ORAL ARGUMENT REQUESTED 17

19 Assefa K. Judah and Nicholas Monastero (the "Judah Plaintiffs ) hereby move this Court,

20 pursuant to Section 21D(a)(3)(B) of the Securities Exchange Act of 1934 (the "Exchange Act ),

21 as amended by the Private Securities Litigation Reform Act of 1995 ("PSLRA ), 15 U.S.C. §

22 78u-4(a)(3)(B), for an Order (i) appointing the Judah Plaintiffs as Lead Plaintiffs; and (ii)

23 approving the Judah Plaintiffs' selection of Keller Rohrback L.L.P. and Wolf Haldenstein Adler

24 Freeman & Herz LLP as Co-Lead Counsel. This Motion is based on the accompanying

25 Memorandum in support thereof, and the Declaration of Juli E. Farris filed herewith. 26

2 The Judah Plaintiffs - Assefa K. Judah and Nicholas Monastero - respectfully submit this

3 memorandum of law in support of their motion, pursuant to Section 21D(a)(3)(B) of the

4 Exchange Act, as amended by the PSLRA, 15 U.S.C. § 78u-4(a)(3)(B), for an Order: (i)

5 appointing the Judah Plaintiffs as Lead Plaintiffs in this action on behalf of the Class of investors

6 that purchased the common stock of Jones Soda Company ("Jones Soda or the "Company )

7 between November 1, 2006 and August 2, 2007, inclusive (the "Class Period ) and (ii)

8 approving the Judah Plaintiffs' selection of Keller Rohrback L.L.P. and Wolf Haldenstein Adler

9 Freeman & Herz LLP as Co-Lead Counsel.

10 The Judah Plaintiffs' motion should be granted. As is shown below, this motion is timely

11 as it is filed within 60 days of the first published notice of this class action litigation against

12 Defendants. Furthermore, movants believe that they are the "most adequate plaintiff within the

13 meaning of 15 U.S.C. § 78u-4(a)(3)(B) because they - individually with respect to Mr. Judah

14 and together - have the largest financial interest of any Lead Plaintiff movant in the relief sought

15 by the proposed Class, and otherwise meet the requirements of Fed. R. Civ. P. 23(a). Finally, the

16 Judah Plaintiffs' selection of Keller Rohrback L.L.P. and Wolf Haldenstein Adler Freeman &

17 Herz LLP as Co-Lead Counsel should be approved, as each of the firms has substantial

18 experience prosecuting securities class action litigation.

19 SUMMARY OF THE ALLEGATIONS AGAINST THE DEFENDANTS

20 On September 3, 2007, Plaintiff Tillie Saltzman filed a complaint in this District on

21 behalf of all persons who purchased the common stock of Jones Soda between March 9, 2007

22 and August 2, 2007. A total of seven cases have been filed in this Court on behalf of the Class

23 against the Defendants, the majority of which allege a Class Period of November 1, 2006 to

24 August 2, 2007, which the Judah Plaintiffs believe is appropriate based upon review of publicly

25 available information. The individual cases have been consolidated pursuant to the Stipulation

26 and Order Regarding Consolidation and Scheduling entered October 29, 2007.

2 management violated federal securities laws by issuing various materially false and misleading

3 statements that had the effect of artificially inflating the market price of the Company's securities

4 and causing Class members to overpay for the securities.

5 Specifically, Plaintiffs allege that throughout the Class Period, Defendants issued

6 numerous, positive but false statements to investors and the market at large that misrepresented

7 the Company's growth prospects and ability to penetrate new markets. Defendants further issued

8 extremely positive statements about the Company's new distribution and production agreement

9 with National Beverage Corporation and agreements with numerous major retailers to garner

10 precious shelf space for the Company's products. Defendants stated that each of these

11 agreements was cemented and that the Company was poised to realize the financial benefits

12 thereof.

13 Moreover, Defendant Peter M. von Stolk, the Company's founder, President, Chief

14 Executive Officer and a Director issued numerous statements that led the market to believe that

15 major retailers had stocked the Company's sodas on their shelves for sale, or that the sodas

16 would be stocked on these retailers' shelves for sale by a date certain. These statements,

17 however, were false or were issued with such a degree of severe recklessness to render them

18 actionable.

19 On August 3, 2007, the Company announced that earnings for the quarter ended June 30,

20 2007 were well below Wall Street's expectations. In connection with the release (and despite his

21 earlier promises), Mr. van Stolk said that the Company' s canned products were not on enough

22 store shelves in time for peak summer sales, which began during the Memorial Day weekend.

23 This news caused the Company's stock to plummet nearly 23 percent in after-hours

24 trading to $11.70 a share, causing stockholders to suffer significant damages.

25 In addition, as detailed by Plaintiffs, during an 85-day period this last spring, Mr. van

26 Stolk and five of the six members of the board sold huge amounts of their holdings of Jones Soda

2 I retailers. The truth of the matter was that the Company's plan was not on pace as disclosed. The 3 Company's beverages were not getting on shelves in time for the summer sales bump. Costs

4 associated with the Company's new "can were significantly impacting earnings and Mr. van

5 Stolk falsely portrayed the Company in an overly positive light despite facts that he knew to the

6 contrary. Indeed, as detailed by Plaintiffs, he stated during a conference call with analysts that

7 he saw major sales data from retailers on a daily basis. Accordingly, he knew at all relevant

8 times that the Company's products were not on the shelves and thus not being sold at a pace that

9 comported with his public statements concerning the Company's penetration into the $66 billion

10 carbonated soft drink market.

11 Plaintiffs allege that these actions violated Section 10(b) of the Exchange Act, 15 U.S.C.

12 § 78j(b), and Rule lOb-5 promulgated thereunder, 17 C.F .R. § 240. 10b-5 . Plaintiffs further

13 allege controlling person liability, pursuant to Exchange Act Section 20(a), 15 U.S.C. § 78t(a).

14 THE JUDAH PLAINTIFFS SHOULD BE APPOINTED LEAD PLAINTIFFS

15 The Procedure for Appointment of Lead Plaintiffs Under the PSLRA

16 The PSLRA sets forth the procedure governing the appointment of lead plaintiff in each

17 private action arising under the Exchange Act that is brought as a plaintiff class action pursuant

18 to the Federal Rules of Civil Procedure. See 15 U.S.C. § 78u-4(a)(1). Under the first step of this

19 procedure, the plaintiff who files a putative class action under the Act must publish a notice

20 advising members of the purported plaintiff class of the: (i) pendency of the action; (ii) claims

21 asserted therein; (iii) purported class period; and (iv) option of any member of the purported

22 class to move to serve as lead plaintiff of the purported class not later than 60 days after the date

23 on which the notice is published. See 15 U.S.C. § 78u-4(a)(3)(A).

24 Under the PSLRA, the Court is then required to appoint as lead plaintiff the "most

25 adequate plaintiff, which the PSLRA defines as "the member or members of the purported

2 interests of class members. See 15 U.S.C. § 78u-4(a)(3)(B )(i). The PSLRA further provides:

3 [T]he court shall adopt a presumption that the most adequate plaintiff in any private action arising under this subchapter is the person or group of persons that- 4 () has either filed the complaint or made a motion in response to a notice 5 under subparagraph (A)(i); 6 (bb) in the determination of the court, has the largest financial interest in the 7 relief sought by the class; and

8 (cc) otherwise satisfies the requirements of Rule 23 of the Federal Rules of Civil Procedure. 9 15 U.S.C. § 78u-4(a)(3)(B)(iii)(I).1 See Armour v. NetworkAssocs., 171 F. Supp. 2d 1044, 1048 10 (N.D. Cal. 2001); see also In re Cavanaugh , 306 F.3d 726, 729-30 (9th Cir. 2002). 11 The Notice Requirements Under The PSLRA Have Been Satisfied 12 The notice requirements set forth in 15 U.S.C. §§ 78u-4(a)(3)(A)(i)(I) and (II) have been 13 satisfied. On September 4, 2007, counsel for Plaintiff Tillie Saltzman caused a notice to be 14 published that advised purchasers of Jones Soda securities of (i) the pendency of a securities 15 class action against Defendants ; (ii) the claims asserted; (iii) the purported class period in that 16 litigation; and (iv) the right of any member of the purported class to move the court to serve as 17 lead plaintiff within the 60-day period (by November 5, 2007) (the "Notice ).2 Cf. In re Nice 18

19 1 Pursuant to the PSLRA, the: 20 presumption [of the claimants with the largest loss being lead plaintiffs] may be rebutted only upon proof 21 by a member of the purported plaintiff class that the presumptively most adequate plaintiff-

22 (aa) will not fairly and adequately protect the interests of the class; or

23 (bb) is subject to unique defenses that render such plaintiff incapable of adequately representing the class. 24 15 U.S.C. § 78u-4(a)(3)(B)(iii)(II). 25 2 A copy of the Notice is attached as Exhibit A to the Declaration of Juli E. Farris in Support of the Motion for 26 Appointment of the Judah Plaintiffs as Lead Plaintiffs and for Appointment of Co-Lead Counsel (the "Farris Declaration ).

2 F.R.D. 404, 413 (D.N.J. 1998); Greebel v. FTP Software, Inc., 939 F. Supp. 57, 62-63 (D. Mass.

3 1996).

4 The Judah Plaintiffs Have The Largest Financial Interest In The Relief Sought By The

5 Class

6 The Judah Plaintiffs believe that they have "the largest financial interest in the relief

7 sought by the class within the meaning of 15 U.S.C. § 78u-4(a)(3)(B)(iii)(I)(bb). According to

8 the information provided in the Certifications of Named Plaintiff (see Farris Declaration,

9 Exhibits B and C), and the summary of the Jones Soda transactions (see Farris Declaration

10 Exhibit D), the Judah Plaintiffs sustained an estimated total loss of $136,321.30. Mr. Judah

11 alone sustained an estimated loss of $71,226.30 from transactions during the proposed Class

12 Period.3 The Judah Plaintiffs know of no other persons who have sought to be Lead Plaintiff in

13 this action who possess a larger financial interest.

14 The Judah Plaintiffs Have Satisfied The Other Requirements Of The PSLRA

15 The Judah Plaintiffs have satisfied each of the other requirements of the PSLRA. First, 16 they have each signed a Certification of Named Plaintiff, under oath, which they: 17 (i) state that they reviewed the Complaint; 18 (ii) state that they did not purchase the securities of Jones Soda at the direction 19 of plaintiff's counsel or in order to participate in any private action arising under the federal securities laws; 20 (iii) state that they are willing to serve as a representative party on behalf of a 21 class, including providing testimony at deposition and trial, if necessary; 22 (iv) set forth all of their transactions in the securities of Jones Soda during the 23 Class Period;

25 3 Exhibits B through D to the Farris Declaration show that Mr. Judah purchased 3,466 shares of Jones Soda during the Class Period at a total price of $109,525.60, and incurred a loss calculated at $71,226.30; Mr. Monastero 26 purchased 36,000 shares of Jones Soda during the Class Period at a total price of $551,030.00, and incurred a loss calculated at $65,095.00.

LAW OFFICES OF MOTION FOR APPOINTMENT OF THE JUDAH PLAINTIFFS AS KELLER ROHRBACK L.L.P. LEAD PLAINTIFFS AND FOR APPOINTMENT OF CO-LEAD 1201 THIRD AVENUE , SUITE 3200 SEATTLE, WASHINGTON 98101-3052 COUNSEL, Page 6 TELEPHONE: (206) 623-1900 (CASE NO. 07-CV-1366-ML) FACSIMILE : (206) 623-3384 1 (v) state that they have not sought to serve, nor have they served, as a representative party on behalf of a class in any private federal securities action; 2 and 3 (vi) state that they will not accept any payment for serving as a representative 4 party on behalf of the class beyond their pro rata share of any recovery. See 15 U.S.C. §§ 78u-4(a)(2)(A)(i)-(vi). The Judah Plaintiffs have also satisfied the PSLRA by 5 moving for appointment as lead plaintiffs within sixty (60) days after the date on which the 6 Notice was first published. See 15 U.S.C. § 78u-4(a)(3)(A)(i)(II). 7 Second, the Judah Plaintiffs satisfy the requirements of Fed. R. Civ. P. 23. See 15 U.S.C. 8 § 78u-4(a)(3)(B)(iii)(I)(cc). Rule 23(a) is satisfied for the purposes of this motion where (i) the 9 claims of the proposed lead plaintiff are typical of the claims of the class; and (ii) the proposed 10 lead plaintiff will fairly and adequately protect the interests of the Class.4 Armour, 171 F. Supp. 11 2d at 1051. 12 The Judah Plaintiffs satisfy the "typicality and "adequacy requirements under Rule 13 23(a). Under Rule 23(a)(3), the "typicality requirement is satisfied where the claims of the 14 proposed class representative arise from the same course of conduct that gives rise to the other 15 class members ' claims , where these claims are based on the same legal theory, and where the 16 class members and proposed class representative were injured by the same conduct. See Armour, 17 171 F. Supp. 2d at 1052 (citing Hannon v. Dataprods. Corp., 976 F.2d 497, 508 (9th Cir. 1992)). 18 The "adequacy requirement of Rule 23 (a)(4) is satisfied when the proposed class representative 19 does not have interests antagonistic to the proposed Class, and where the proposed class 20 representative has retained experienced and capable counsel . In re Emulex Corp. Sec. Litig., 210 21 F.R.D. 717, 720 (C.D. Cal. 2002). 22

24 4 Although there are two other requirements under Fed. R. Civ. P. 23(a) - that the class be so numerous that joinder 25 of all members is impracticable (Fed. R. Civ. P. 23(a)(1)) and that there be questions of law or fact common to the class (Fed. R. Civ. P. 23(a)(2)) -"[t]ypicality and adequacy of representation are the only provisions relevant to a 26 determination of lead plaintiff under the PSLRA. In re Oxford Health Plans, Inc. Sec. Litig., 182 F.R.D. 42, 49 (S.D.N.Y. 1998).

2 Class members. Like all class members, the Judah Plaintiffs suffered damages from purchases of

3 Jones Soda securities that took place while Defendants made false and misleading

4 representations concerning the Company in violation of Sections 10(b) and 20(a) of the

5 Exchange Act. Furthermore, the Judah Plaintiffs' interests are clearly aligned with those of the

6 members of the Class, and there is no evidence of any antagonism between the Judah Plaintiffs'

7 interests and those of the Class.

8 In addition, the Judah Plaintiffs have already demonstrated that they will adequately

9 represent the interests of the Class by having obtained qualified and experienced counsel, and by

10 submitting Certifications of Named Plaintiff to the Court indicating that they are willing to

11 assume the responsibilities of a class representative . Also, the Judah Plaintiffs' counsel will

12 vigorously seek to protect the interests of the Class. All these factors demonstrate that the Judah

13 Plaintiffs' claims are typical of the claims of the Class within the meaning of Rule 23(a)(3), and

14 that they will fairly and adequately represent the interests of the Class under Rule 23(a)(4).

15 The Court Should Approve the Judah Plaintiffs ' Choice Of Counsel

16 The PSLRA expressly provides that the "most adequate plaintiff shall, subject to the

17 approval of the court, select and retain counsel to represent the class . 15 U.S.C. § 78u-

18 4(a)(3)(B)(v).

19 The Court should approve Keller Rohrback L.L.P. and Wolf Haldenstein Adler Freeman

20 & Herz LLP as Co-Lead Counsel. Each of the firms has extensive experience in the area of

21 securities class action litigation, as detailed in the firm resumes (see Farris Declaration, Exhibits

22 E and F). Thus, the Court may be assured that the members of the Class will receive the highest

23 caliber of legal representation.

2 For the foregoing reasons, the Judah Plaintiffs respectfully requests that this Court

3 appoint them to serve as Lead Plaintiff, and approve their selection of Keller Rohrback L.L.P.

4 and Wolf Haldenstein Adler Freeman & Herz LLP as Co-Lead Counsel!

5 DATED this 5th day of November, 2007.

6 KELLER ROHRBACK L.L.P.

7 /s/ Juli E. Farris 8 Lynn Lincoln Sarko, WSBA #16569 9 Juli E. Farris, WSBA #17593 Elizabeth A. Leland, WSBA #23433 10 1201 Third Avenue, Suite 3200 Seattle, WA 98101-3052 11 Telephone: (206) 623-1900 Facsimile: (206) 623-3384 12

13 WOLF HALDENSTEIN ADLER FREEMAN & HERZ LLP 14 Gregory M. Nespole Gustavo Bruckner 15 Malcolm T. Brown 16 270 Madison Avenue New York, NY 10016 17 Telephone: (212) 545-4600 Facsimile: (212) 545-4653 18 [email protected] 19 LAW OFFICES OF BRUCE MURPHY 20 Bruce G. Murphy, Esq. 265 Llwyds Lane 21 Vero Beach, Florida 32963

22 Attorneys for the Judah Plaintiffs 23

25 1 In the alternative, should the Court deem it inappropriate to appoint more than a single individual to serve as Lead 26 Plaintiff, the Judah Plaintiffs ask the Court to appoint Mr. Judah, individually, as Lead Plaintiff, and to approve his selection of Keller Rohrback L.L.P. and Wolf Haldenstein Adler Freeman & Herz LLP as Co-Lead Counsel.

2 I hereby certify that on November 5, 2007, a true and correct copy of the foregoing 3 document was served upon all known counsel of record via the court's electronic filing system. 4

5 Counsel for Plaintiff Tillie Saltzman Case No. 2:07-cv-01366-RSL 6 Clifford A Cantor 7 627 208TH AVE SE 8 SAMMAMISH, WA 98074-7033 Telephone : (425) 868-7813 9 Facsimile : (425) 868-7870 E-mail: cacantor(acomcast.net 10

11 Darren K. Robbins Mary K. Blasy 12 COUGHLIN STOIA GELLER RUDMAN & ROBBINS LLP 13 655 West Broadway, Suite 1900 San Diego, CA 92101 14 Telephone: (619) 231-1058 15 Facsimile: (619) 231-7423 E-mail: darrenrAcsgrr.com 16 marybc-r^,cs rrcom

17 Jonathan M. Stein COUGHLIN STOIA GELLER RUDMAN & 18 ROBBINS LLP 19 120 East Palmetto Park Road Suite 500 20 Boca Raton, FL 33432 Telephone : (561) 750-3000 21 Facsimile : (561) 750-3364 E-mail: [email protected] 22

23 Christopher P. Seefer COUGHLIN STOIA GELLER RUDMAN & 24 ROBBINS LLP 100 Pine Street 25 Suite 2600 San Francisco, CA 94111 26 Telephone: (415) 288-4545

20 Reed R Kathrein HAGENS BERMAN SOBOL SHAPIRO LLP 21 715 HEARST AVE STE 202 22 BERKELEY, CA 94118 23 Telephone : (510) 725-3000 Facsimile : (415) 288-4534 24 Email: [email protected]

LAW OFFICES OF MOTION FOR APPOINTMENT OF THE JUDAH PLAINTIFFS AS KELLER ROHRBACK L.L.P. LEAD PLAINTIFFS AND FOR APPOINTMENT OF CO-LEAD 1201 THIRD AVENUE, SUITE 3200 COUNSEL, Page 11 SEATTLE, WASHINGTON 98101-3052 TELEPHONE: ( 206) 623-1900 (CASE NO. 07-CV-1366-RSL) FACSIMILE: ( 206) 623-3384 1 Steve W. Berman HAGENS BERMAN SOBOL SHAPIRO LLP 2 1301 5TH AVE STE 2900 3 SEATTLE, WA 98101 4 Telephone : (206) 623-7292 E-mail: [email protected] 5 Counsel for Plaintiff Robert Knox 6 2:07-cv-01414-RSL 7 Steve W. Berman 8 HAGENS BERMAN SOBOL SHAPIRO LLP 1301 5TH AVE 9 STE 2900 SEATTLE, WA 98101 10 Telephone : (206) 623-7292 11 E-mail: steve(ahbsslaw.com

12 Arthur Lewis Shingler, III SCOTT + SCOTT, LLP 13 600 B Street, Suite 1500 San Diego, CA 92101 14 Telephone : (619) 233-4565 15 Facsimile : (619) 233-0508 E-mail: [email protected] 16 David R. Scott 17 SCOTT + SCOTT, LLP 108 Norwich Avenue 18 P.O. Box 192 19 Colchester, CT 06414 Telephone: (860) 537-5537 20 Facsimile : (860) 537-4432 [email protected] 21 Counsel for Plaintiffs Joseph Kim and Michael Kim 2:07-cv-01427-RSL 22

23 Jeffrey C Grant AOKI SAKAMOTO GRANT 24 One Convention Place, Suite 1525 701 Pike Street 25 Seattle, WA 98101-1001 Telephone : (206) 624-1900 26 Facsimile : (206) 442-4396

2 Michael Goldberg GLANCY BINKOW & GOLDBERG LLP 3 1801 Avenue of the Stars, Suite 311 4 Los Angeles, CA 90067 Telephone : (310) 201-9150 5 Facsimile : (310) 201-9160 Email: 6 Counsel for Plaintiff Roger Andragna 7 07-1436-RSL 8 SCHIFFRIN BARROWAY TOPAZ & 9 KESSLER, LLP Richard A. Maniskas 10 D. Seamus Kaskela 11 280 King of Prussia Road Radnor, PA 19087 12 (610) 667-7706 (610) 667-7056 (fax) 13

14 Counsel for Plaintiffs Dan C. Russum, Charles E. Haggas, and Ronald Beck 15 07-cv-1659-RSL

16 LOCKRIDGE GRINDAL NAUEN, P.L.L.P Karen H. Riebel 17 Nathan D. Prosser 100 Washington Avenue S., Suite 2200 18 Minneapolis , MN 55401 19 612-339-6900 (phone); 612-339-0981 (fax)

20 KAPLAN FOX & KILSHEIMER LLP Joel B . Strauss 21 Jeffrey P. Campisi 850 Third Avenue, 14th Floor 22 New York, NY 10022 23 212-687-1980 (phone); 212-687-7114 (fax)

LAW OFFICES OF MOTION FOR APPOINTMENT OF THE JUDAH PLAINTIFFS AS KELLER ROHRBACK L.L.P. LEAD PLAINTIFFS AND FOR APPOINTMENT OF CO-LEAD 1201 THIRD AVENUE, SUITE 3200 COUNSEL, Page 13 SEATTLE, WASHINGTON 98101-3052 TELEPHONE: ( 206) 623-1900 (CASE NO. 07-CV-1366-RSL) FACSIMILE: ( 206) 623-3384 1 Counsel for Defendants All Cases 2 WILSON SONSINI GOODRICH & ROSATI Barry M. Kaplan, WSBA #8661 3 Douglas W. Greene, WSBA #22844 4 Aravind Swaminathan, WSBA #33883 Tenaya M. Scheinman, WSBA #36224 5 701 Fifth Avenue, Suite 5100 Seattle, WA 98104 6 Telephone: (206) 883-2500 Facsimile: (206) 883-2699 7 Email: BKaplan(&,wsgr corn 8 [email protected] [email protected] 9 [email protected]

11 DATED this 5th day of November, 2007.

12 s/ Juli E. Farris Juli E. Farris, WSBA #17593 13 KELLER ROHRBACK L.L.P. 1201 3rd Avenue, Suite 3200 14 Seattle, WA 98101 Tel: (206) 623-1900 15 Fax: (206) 623-3384 16 [email protected]

6 UNITED STATES DISTRICT COURT 7 WESTERN DISTRICT OF WASHINGTON AT SEATTLE 8 In re JONES SODA COMPANY Master File No. 07-CV- 1366-RSL 9 SECURITIES LITIGATION 10 CLASS ACTION

11 DECLARATION OF JULI E. FARRIS IN This Document Relates To: All Actions SUPPORT OF THE JUDAH PLAINTIFFS' 12 MOTION FOR APPOINTMENT AS LEAD PLAINTIFFS AND FOR APPOINTMENT 13 OF CO-LEAD COUNSEL 14 NOTE ON MOTION CALENDAR: 15 November 23, 2007

16 JULI E. FARRIS hereby declares as follows: 17 1. I am an attorney with the law firm of Keller Rohrback L.L.P., counsel for 18 proposed Lead Plaintiffs Assefa K. Judah and Nicholas Monastero (the "Judah Plaintiffs ). 19 2. This Declaration is submitted in support of the Judah Plaintiffs' Motion for 20 Appointment as Lead Plaintiffs, and for approval of the Judah Plaintiffs' choice of Keller 21 Rohrback L.L.P. and Wolf Haldenstein Adler Freeman & Herz LLP as Co-Lead Counsel for the 22 Class. 23 3. Attached hereto as Exhibit A is a true and correct copy of the Notice published on 24 Business Wire on September 4, 2007 by Coughlin Stoia Geller Rudman & Robbins LLP on 25 behalf of their client, Tillie Saltzman. 26

LAW OFFICES OF DECLARATION OF JULI E. FARRIS, Page 1 KELLER ROHRBACK L.L.P. (CASE NO. 07-CV-1366-RSL) 1201 THIRD AVENUE, SUITE 3200 SEATTLE , WASHINGTON 98101-3052 TELEPHONE : ( 206) 623-1900 FACSIMILE : ( 206) 623-3384 1 4. Attached hereto as Exhibit B is a true and accurate copy of the Plaintiffs

2 Certification signed by Assefa K. Judah.

3 5. Attached hereto as Exhibit C is a true and accurate copy of the Plaintiffs

4 Certification signed by Nicholas Monastero.

5 6. Attached hereto as Exhibit D is a true and accurate copy of a loss chart analyzing

6 the Judah Plaintiffs' transactions in Jones Soda during the Class Period.

7 7. Attached hereto as Exhibit E is a true and correct copy of the firm resume for

8 Keller Rohrback L.L.P.

9 8. Attached hereto as Exhibit F is a true and correct copy of the firm resume for

10 Wolf Haldenstein Adler Freeman & Herz LLP.

11 I declare under penalty of perjury that the foregoing is true and correct.

12 Executed on this 5th day of November, 2007.

14 /s/Juli E. Farris Juli E. Farris, WSBA #17593 15

LAW OFFICES OF DECLARATION OF JULI E. FARRIS, Page 2 KELLER ROHRBACK L.L.P. (CASE NO. 07-CV-1366-RSL) 1201 THIRD AVENUE, SUITE 3200 SEATTLE, WASHINGTON 98101-3052 TELEPHONE : (206) 623-1900 FACSIMILE : (206) 623-3384 1 CERTIFICATE OF SERVICE

2 I hereby certify that on November 5, 2007, a true and correct copy of the foregoing 3 document was served upon all known counsel of record via the court's electronic filing system. 4

23 Christopher P. Seefer COUGHLIN STOIA GELLER RUDMAN & 24 ROBBINS LLP 100 Pine Street 25 Suite 2600 San Francisco, CA 94111 26 Telephone : (415) 288-4545

LAW OFFICES OF DECLARATION OF JULI E. FARRIS, Page 3 KELLER ROHRBACK L.L.P. (CASE NO. 07-CV-1366-ML) 1201 THIRD AVENUE , SUITE 3200 SEATTLE , WASHINGTON 98101-3052 TELEPHONE : ( 206) 623-1900 FACSIMILE : ( 206) 623-3384 1 Facsimile: (415) 288-4534 E-mail: [email protected] 2 Counsel for Plaintiff Wardell Benford 3 Case No. 2:07-cv-01378-RSL 4 WOLF HALDENSTEIN ADLER 5 FREEMAN & HERZ LLP Gregory M. Nespole 6 Gustavo Bruckner Malcolm T. Brown 7 270 Madison Avenue 8 New York, NY 10016 Telephone : (212) 545-4600 9 Facsimile : (212) 545-465 [email protected] 10 [email protected] 11 LAW OFFICES OF BRUCE MURPHY 12 Bruce G. Murphy, Esq. 265 Llwyds Lane 13 Vero Beach, Florida 32963 14 Counsel for Plaintiff Lael Banner 15 2:07-cv-01390-RSL Lewis S Kahn 16 KAHN GAUTHIER SWICK LLC 650 POYDRAS STREET 17 SUITE 2150 NEW ORLEANS, LA 70130 18 Telephone : (504) 455-1400 19 E-mail: lewis [email protected]

20 Reed R Kathrein HAGENS BERMAN SOBOL SHAPIRO LLP 21 715 HEARST AVE STE 202 22 BERKELEY, CA 94118 23 Telephone : (510) 725-3000 Facsimile : (415) 288-4534 24 Email: [email protected]

LAW OFFICES OF DECLARATION OF JULI E. FARRIS, Page 4 KELLER ROHRBACK L.L.P. (CASE NO. 07-CV-1366-RSL) 1201 THIRD AVENUE, SUITE 3200 SEATTLE, WASHINGTON 98101-3052 TELEPHONE: ( 206) 623-1900 FACSIMILE: ( 206) 623-3384 1 Steve W. Berman HAGENS BERMAN SOBOL SHAPIRO LLP 2 1301 5TH AVE STE 2900 3 SEATTLE, WA 98101 4 Telephone : (206) 623-7292 E-mail: [email protected] 5 Counsel for Plaintiff Robert Knox 6 2:07-cv-01414-RSL 7 Steve W. Berman 8 HAGENS BERMAN SOBOL SHAPIRO LLP 1301 5TH AVE 9 STE 2900 SEATTLE, WA 98101 10 Telephone : (206) 623-7292 11 E-mail: steve(ahbsslaw.com

23 Jeffrey C Grant AOKI SAKAMOTO GRANT 24 One Convention Place, Suite 1525 701 Pike Street 25 Seattle, WA 98101-1001 Telephone : (206) 624-1900 26 Facsimile : (206) 442-4396

LAW OFFICES OF DECLARATION OF JULI E. FARRIS, Page 5 KELLER ROHRBACK L.L.P. (CASE NO. 07-CV-1366-RSL) 1201 THIRD AVENUE, SUITE 3200 SEATTLE, WASHINGTON 98101-3052 TELEPHONE : (206) 623-1900 FACSIMILE: ( 206) 623-3384 1 Email: ieffrevaaoki-sakamoto.com

14 Counsel for Plaintiffs Dan C. Russum, Charles E. Haggas, and Ronald Beck 15 07-cv-1659-RSL

16 LOCKRIDGE GRINDAL NAUEN, P.L.L.P Karen H. Riebel 17 Nathan D. Prosser 100 Washington Avenue S., Suite 2200 18 Minneapolis , MN 55401 19 612-339-6900 (phone); 612-339-0981 (fax)

20 KAPLAN FOX & KILSHEIMER LLP Joel B . Strauss 21 Jeffrey P. Campisi 850 Third Avenue, 14th Floor 22 New York, NY 10022 23 212-687-1980 (phone); 212-687-7114 (fax)

LAW OFFICES OF DECLARATION OF JULI E. FARRIS, Page 6 KELLER ROHRBACK L.L.P. (CASE NO. 07-CV-1366-RSL) 1201 THIRD AVENUE, SUITE 3200 SEATTLE, WASHINGTON 98101-3052 TELEPHONE: ( 206) 623-1900 FACSIMILE : (206) 623-3384 1 Counsel for Defendants All Cases 2 WILSON SONSINI GOODRICH & ROSATI Barry M. Kaplan, WSBA #8661 3 Douglas W. Greene, WSBA #22844 4 Aravind Swaminathan, WSBA #33883 Tenaya M. Scheinman, WSBA #36224 5 701 Fifth Avenue, Suite 5100 Seattle, WA 98104 6 Telephone: (206) 883-2500 Facsimile: (206) 883-2699 7 Email: BKaplan(&,wsgr corn 8 [email protected] [email protected] 9 [email protected]

11 DATED this 5th day of November, 2007.

12 s/ Juli E. Farris Juli E. Farris, WSBA #17593 13 KELLER ROHRBACK L.L.P. 1201 3rd Avenue, Suite 3200 14 Seattle, WA 98101 Tel: (206) 623-1900 15 Fax: (206) 623-3384 16 jfarris @kellerrohrback.com

LAW OFFICES OF DECLARATION OF JULI E. FARRIS, Page 7 KELLER ROHRBACK L.L.P. (CASE NO. 07-CV-1366-RSL) 1201 THIRD AVENUE, SUITE 3200 SEATTLE, WASHINGTON 98101-3052 TELEPHONE: ( 206) 623-1900 FACSIMILE : (206) 623-3384 EXHIBIT A Coughlin Stoia Geller Rudman & Robbins LLP Files Class Action Suit Against Jones So... Page 1 of 2

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Press Release Source: Coughlin Stoia Geller Rudman & Robbins LLP

Coughlin Stoia Geller Rudman & Robbins LLP Files Class Action Suit Against Jones Soda Company Tuesday September 4, 7:00 pm ET

SAN DIEGO--( BUSINESS WIRE )-- Coughlin Stoia Geller Rudman & Robbins LLP (" Coughlin Stoia") (http//www.csgrr.cc r '- n/jonessoda/) today announced that a class action has been commenced in the United States District Court for the Western District of Washington on behalf of purchasers of Jones Soda Company ("Jones Soda" ) ( NASDAQ :JSDA - "wws) common stock during the period between March 9, 2007 and August 2, 2007 (the "Class Period").

If you wish to serve as lead plaintiff, you must move the Court no later than 60 days from today . If you wish to discuss this action or have any questions concerning this notice or your rights or interests, please contact plaintiffs counsel, Darren Robbins of Coughlin Stoia at 800/449-4900 or 619/231-1058 , or via e-mail at [email protected] . If you are a member of this class , you can view a copy of the complaint as filed or join this class action online at http://www . csgrr . com/cases/jonessoda /. Any member of the purported class may move the Court to serve as lead plaintiff through counsel of their choice , or may choose to do nothing and remain an absent class member.

The complaint charges Jones Soda and certain of its officers and directors with violations of the Securities Exchange Act of 1934. Jones Soda is a Seattle based manufacturer and marketer of a variety of beverage products sold through the Company's national distribution network.

The complaint alleges that as a result of Jones Soda's release of its fourth quarter 2006 results after the close of trading on March 8, 2007, and defendants' very bullish statements to analysts and the investment community after releasing those results, including announcing Jones Soda was expanding the sales channels of its Jones Soda product in 12-ounce cans to major retailers such as Wal-Mart, Kroger, Safeway and Kmart, Jones Soda stock traded up from its closing price of under $14 per share on March 8, 2007 to close above $17 per share on March 9, 2007. Specifically, defendants stated that through Jones Soda's expanded sales network and advertising activities then underway, Jones Soda was on track to obtain 25% of the $66 billion canned soda market during the first half of 2007. Defendants' continued bullish statements in subsequent weeks drove the stock price above $32 per share by April 16, 2007.

On August 2, 2007, however, the Company reported significantly lower-than-expected canned soda sales and difficulty getting the new canned soda product onto retailers' shelves. According to the complaint, despite earlier promises to have the new canned product onto retailer shelves in advance of the Memorial Day holiday and to use a huge national advertising blitz to increase brand recognition that weekend to increase sales and market share, defendants would admit they lacked the requisite sales and distribution resources to execute the launch, failed to obtain shelf-space at the national chains and essentially bumbled the launch of Jones Soda 12-ounce cans, forcing them to cancel the advertising campaign. As a result, the Company's first half 2007 financial performance significantly underperformed the investment community's expectations. Jones Soda's stock price plunged 23% to $11.70 per share, down more than 65% from its Class Period high.

Plaintiff seeks to recover damages on behalf of all purchasers of Jones Soda common stock during the Class Period (the "Class"). The plaintiff is represented by Coughlin Stoia, which has expertise in prosecuting investor class actions and extensive experience in actions involving financial fraud.

Coughlin Stoia, a 180-lawyer firm with offices in San Diego , San Francisco , Los Angeles , New York, Boca Raton,

http://biz.yahoo.com/bw/070904/20070904006220.html?.v=1 &printer= 1 9/12/2007 Coughlin Stoia Geller Rudman & Robbins LLP Files Class Action Suit Against Jones So... Page 2 of 2

Washington , D.C., Houston and Philadelphia, is active in major litigations pending in federal and state courts throughout the United States and has taken a leading role in many important actions on behalf of defrauded investors , consumers , and companies , as well as victims of human rights violations . Coughlin Stoia lawyers have been responsible for more than $45 billion in aggregate recoveries . The Coughlin Stoia Web site (htt4/www.csarr_corn) has more information about the firm.

Contact:

Coughlin Stoia Geller Rudman & Robbins LLP Darren Robbins, 800-449-4900 or 619-231-1058 djr: csg.rr. ;om

Source : Coughlin Stoia Geller Rudman & Robbins LLP

Copyright @ 2007 Yahoo! Inc . All rights reserved . racy Policy - Terms of Service - Copyright PPo icy - Ac F edback Copyright © 2007 isiness Wire. All rights reserved . All the news releases provided by Business Wire are copyrighted . Any forms of copying other than an individual user' s personal reference without express written permission is prohibited. Further distribution of these materials by posting, archiving in a public web site or database, or redistribution in a computer network is strictly forbidden.

http://biz.yahoo.com/bw/070904/20070904006220.html?.v=1 &printer= 1 9/12/2007 EXHIBIT B JONES SODA COMPAN Y LITIGATION CERTIFICATION PURSUANT TO FEDERAL SECURITIES LAWS

("Plaintiff), duly swears and says, as to the claims asserted under the federal securities laws.that: I . I have reviewed the complaint against Jones Soda Company and its officers and directors, I approve of its contents, and I authorize a similar complaint to be filed on my behalf. 2. 1 did not acquire the interest in the security that is the subject of this action at the direction of my counsel or in order to participate in this private action. 3. I am willing to serve as a representative plaintiff on behalf of the class, including providing testimony at deposition and trial, if necessary. 4. plaintiffs' transactions in the securities that are the subject of this action during the class - period are as follows: ACQUISITIONS

Date Acquired No. of Sha res Acq uired Acquisition Prriice Per Share

SALES

Date Sold No. of Shares Sold Sales Price Per Share

5. I have not sought to serve as a class representative in any other action filed under the United States federal securities laws in the past three (3) years preceding the date on which this certification is signed. 6. I have not and will not accept any payment for serving as a representative plaintiff on behalf of the class beyond my pro rata share of any recovery, or as ordered or approved by the court, including any award for reasonable costs and expenses (including lost wages) directly relating to the representation of the class. I declare under penalty of perjury under the laws of the United States that the foregoing is true and correct. Executed thisz day of_ 2007. at

(Cin,.'. Slate)

':m clu

PRINT NAME :..- A EXHIBIT C 'Y AMII F`SgERTZFICATION

(``Plaintiff'), declares under penalty ofperjury, AS IC the claims asserted under the federal securities laves, that: - 1, Plaintiff has reviewed the complaint and authorized The commencement of an action on Plaintiff's behalf. 2. Plahitiff did not purchase the security that is the Subject of this action at the direction of plaintiff s couriwl or in order to participate in this private action. 3. Plaintiff is willing to see as a representative parry on behalf of the class, including providing testimony at deposition ad trial, if necessary.

4. Plaintiff's u'ansaetions in Jones Soda Company securities daring the .Class Period specified in the Complaint are as foliovxs: # Sh re /trausac# on PrLee Se e, AT Ts) G 4E) CIs1

5. During the 'dam years prior to the date of this Certificate, Plaintiff has not

sought to serve or served as a representative party for a class in an action filed under the federal

securities laws. [Or, Plaintiffhas served as a class representative in the action(s) listed below:]

6. Plaintiff will not accept any payment for saving as a representative party on behalf of the class beyond the Plaintiffs pro rata share of any recovery, except such reasonable costs and expenses (including lost wages) directly relating to the representation of the class as ordered or approved by the court.

I declare under penalty of perjury that the foregoing is true and correct.

Executed this 6 day of 2007. p 57 P+ Cog A S ERR-( S}/9€ $ ' / Sfl _.S'ff^ e s G ..... f^f , q5 5©o dl^^e9 f 7^ 5"o a T^a/^s7

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/,5 .^ Soma 7/4/y EXHIBIT D Judah Plaintiffs Loss Chart

Name Date # Shares Price Purchase Total Date # Shares Price Redeemed Total Loss Puchased Cost Sold Value

Nick Monastero 6/25/2007 2,500 $14.95 $37,375.00 7/10/2007 13,500 $17.73 $239,355.00 6/25/2007 2,500 $14.78 $36,950.00 8/10/2007* 2,000 $11.26 $22,520.00 6/26/2007 2,500 $14.12 $35,300.00 8/17/2007* 4,000 $10.61 $42,440.00 6/26/2007 1,000 $13.76 $13,760.00 8/21/2007* 5,000 $10.57 $52,850.00 6/27/2007 5,000 $14.38 $71,900.00 8/22/2007* 3,000 $11.19 $33,570.00 7/12/2007 5,000 $16.49 $82,450.00 8/22/2007* 8,500 $11.20 $95,200.00 7/12/2007 3,000 $16.32 $48,960.00 36,000 $485,935.00 $65,095.00 7/12/2007 2,000 $16.28 $32,560.00 7/12/2007 2,500 $16.25 $40,625.00 7/26/2007 5,000 $15.14 $75,700.00 7/26/2007 5,000 $15.09 $75,450.00 36,000 $551,030.00 $551,030.00

Assefa Judah 4/17/2007 3,466 $31.60 $109,525.60 8/23/2007* 3466 $11.05 $38,299.30 3,466 $109,525.60 $109,525.60 $38,299.30 $71 ,226.30

Total $136,321.30

*Shares sold within 90 days after the class period have been valued at the higher price between the actual sales price and the average closing price from the end of the class period to the date of the actual sale. **Shares not sold have been valued at the average closing price for 90 days starting at the end of the class period EXHIBIT E KELLERRO RBACK [. W U P F[ C f: S 14

COMPLEX LITIGATION GROUP KELLERROI-RBACK [ IN COMPLEX LITIGATION GROUP [. A lV 0 1- F I [ 1: ti

LEADERS IN CLASS ACTION LITIGATION KELLER ROHRBACK is an engaged leader in the practice of complex and class action litigation, and has been particularly instrumental in pioneering the cutting edge field of breach of fiduciary duty retirement plan litigation. Notable Founded in 1919, today Keller firm cases include the IKON, WorldCom, and Rohrback has 58 attorneys and 90 Enron ERISA cases, the first large-scale ERISA staff members who provide expert 401(k) breach of fiduciary duty lawsuits of their legal services to clients nationwide. kind. The firm also pursues plaintiffs' securities We use cutting-edge technology and and accounting fraud, breach of fiduciary duty, case management techniques in the antitrust, and product liability litigation, on a preparation and trial of complex nationwide basis. We recognize the legal, cases. Our excellent support staff strategic, and practical intricacies of direct and includes in-house programming class action cases, and the added dimension personnel and experienced often present in multiple-defendant and/or paralegals who contribute multi piejurisdiction settings. This understanding significantly to our ability to enables us to provide quality representation for effectively and efficiently litigate our clients at every stage of litigation, including complex class action cases class certification, discovery, motion practice, nationwide. The firm's Complex settlement, trial, and appeal. Our efforts on behalf Litigation Group regularly calls on of our clients have resulted in numerous firm attorneys in other practice areas published decisions upholding plaintiffs' claims, for expertise in bankruptcy, granting class certification, and approving several contracts, employment law, multi-million dollar settlements. In all, to date, executive compensation, corporate Keller Rohrback has recovered over $6.5 billion transactions, financial institutions, dollars on behalf of ERISA plans, institutional insurance coverage, mergers and investors and individuals. acquisitions, professional malpractice, and securities The firm's nationally recognized practice has transactions. The firm's in-house been distinguished by courts throughout the access to these resources country for its ability and experience in handling distinguishes Keller Rohrback from major litigation, particularly in the fields of other plaintiffs' class action firms securities, antitrust and ERISA litigation. and also contributes to the firm's success. "The vast experience of ... Keller Rohrback ... make them a superior choice for this type of case. They are well-versed in trial practice and in conducting discovery relevant to breach of fiduciary duty actions." Nowak v. Ford Motor Co., No. 06-11718 (E.D. Mich. Dec. 22, 2006).

#SalInr Rohrback LLP 1201 7hi d Avenue Suiln 3204 SaetII , WA 98101 1206.623.1900 1 Inhva[akeMsrrn#uheck.oarn }Collor Rohtbeck P. LC. 3101 North Cerium Avonuo Suit* 1440 PF riFx, A2 85012 1 642.246 .4089 J Inloet@_kallarrohrl KELLERROI-RBACK [ IN COMPLEX LITIGATION GROUP [. A lV 0 1- F I [ 1: ti

"Despite substantial obstacles to recovery, Keller Rohrback was willing to undertake the significant risks presented by this case. After a year and a half of intensive litigation, including extensive discovery, motion practice, and mediation, Class Counsel achieved real and substantial benefits for members of the Class. Keller Rohrback's extensive prior experience in complex class action securities litigation and with Ponzi investment schemes enabled the Class to analyze and achieve this excellent result." Getty v. Harmon ("SunAmerica Sec. Litig."), No. 98-0178 (W.D. Wash. Sept. 20, 1999) (Dwyer, J.).

"The Court finds that [Keller Rohrback] is experienced and qualified counsel who is generally able to conduct the litigation as lead counsel on behalf of the putative class. Keller Rohrback has significant experience in ERISA litigation, serving as co-lead counsel in the Enron ERISA litigation, the Lucent ERISA litigation, and the Providian ERISA litigation, and experience in complex class action litigation in other areas of law." In re Williams Cos. ERISA Litigation, No. 02-153, 2002 U.S. Dist. LEXIS 27691, *8 (N.D. Okla. Oct. 28, 2002) (Holmes, J.).

"The Keller Rohrback firm is experienced in class action litigation and management." Hansen v. Ticket Track, Inc., 213 F.R.D. 412, 416 (W.D. Wash. 2003) (Pechman, J.).

"[Keller Rohrback] has performed an important public service in this action and has done so efficiently and with integrity ... [Keller Rohrback] has also worked creatively and diligently to obtain a settlement from WorldCom in the context of complex and difficult legal questions ... [Keller Rohrback] should be appropriately rewarded as an incentive for the further protection of employees and their pension plans not only in this litigation but in all ERISA actions. In re WorldCom, Inc. ERISA Litigation, No. 02-4816 2004 WL 2338151, *10 (S.D.N.Y. Oct. 18, 2004) (Cote, J.).

"The Court has repeatedly stated that the lawyering in the case at every stage was superb, and do again." In re Linerboard Antitrust Litig., MDL 1261, 2004 WL 1221350, *6 (E.D. Pa. June 2, 2004) (DuBois, J.).

" I think that goes back to the caliber of the attorneys that are involved in this thing. Their resumes demonstrate to me that they have expertise , that they have the ability, and that they did everything in this case to represent the class in an extremely capable and professional manner. . . I feel confident that the class has been adequately represented and will be fairly dealt with in this settlement ." Transcript of Class Action Settlement Fairness Hearing , Lasky v. Brown, No. 99-1035 (M.D. La . Mar. 4, 2002) (Brady, J.).

"[T]his is one of the largest, if not the largest, securities fraud settlements in this district. The settlement size is particularly noteworthy as class counsel did not have the benefit of an SEC or other regulatory agency investigation and so prosecuted the case without

Kellar Rohtbeck LL P. 1201 third Av nus Sulfa 3204 Soetlla, WA 96101 1 206.623.1940 1 Inlavm 'ksNsrrDhrbwk.com Knllor Rohrbeck PLC_ 3101 North Control Avmiuo Suite1400 PF iFx, A286012 I & 24B .D08B ] Infoat[_h Ik rrohrhaetk_tom KELLERROI-RBACK [ IN COMPLEX LITIGATION GROUP [. A lV 0 1- F I [ 1: ti assistance.... The management of the case was also of extremely high quality.... [C]lass 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 to prosecute the case effectively and to negotiate credibly.... The submissions were of consistently high quality, and class counsel has been notably diligent in preparing filing in a timely manner even when under tight deadlines." In re Ikon Office Solutions, Inc. Sec. Litig., 194 F.R.D. 166, 194-95 (E.D. Pa. 2000) (Katz, J.).

In addition, with respect to the Enron litigation, Consulting Fiduciaries, Inc., the Independent Fiduciary appointed to serve the 401(k) Plans, publicly praised class counsel, including co-lead counsel Keller Rohrback, for their litigation efforts: "The Tittle action initiated by class counsel was a watershed event in ERISA history. As the first case of its kind and magnitude, it set a precedent followed by dozens of other actions resulting in hundreds of millions of dollars of recovery to plan participants. At the time plaintiffs filed this suit, any recovery was uncertain and the law was unclear. Plaintiffs' counsel assumed significant financial risk in prosecuting this action and overcame many legal and factual hurtles to reach a positive, precedent setting result." Tittle v. Enron Corp., No. 01-3913 (S.D. Tex. July 14, 2006).

Antitrust

Keller Rohrback's antitrust and trade regulation practice represents individual and class plaintiffs in state and federal litigation. Our clients include consumer and business class members who have been harmed by illegal, anti-competitive conduct. Keller Rohrback has substantial expertise in pursuing claims under the Sherman and Clayton Acts for price fixing, customer allocation, market division, exclusive dealing, price discrimination, the tying or bundling of products, misleading and deceptive marketing practices, monopolization and attempted monopolization of markets, and other related practices. By litigating claims on behalf of businesses and consumers harmed by such practices, Keller Rohrback helps achieve the goal of the nation's antitrust and trade regulation statutes, ensuring that consumers get the benefits of free and fair competition in the marketplace.

Keller Rohrback has played a prominent role in large price-fixing and price discrimination cases litigated across the country. The following are examples of our antitrust experience:

Airlines Keller Rohrback served on the Steering Committee of this class action antitrust lawsuit brought in Georgia federal court against the seven major United States airlines, which alleged a conspiracy to artificially increase the price of domestic airline tickets. The

Kellar Rohtbeck LL P. 1201 third Av nus Sulfa 3204 Soetlla, WA 96101 1 206.623.1940 1 Inlavm 'ksNsrrnhrbwk.com Knllor Rohrbeck PLC_ 3101 North Control Avmiuo Suite1400 PF iFx, A286012 I W2_248. 0M ] Infoat[_h Ik rrohrhhetk_tom KELLERROI-RBACK [ IN COMPLEX LITIGATION GROUP [. A lV 0 1- F I [ 1: ti class achieved settlements totaling $458 million -- $408 million in certificates and $50 million in cash. This is one of the largest class action settlements ever reached in the United States.

Architectural Hinge This class action lawsuit brought in Missouri federal court involved a nationwide price- fixing conspiracy among manufacturers of architectural hinges during the period 1986 through 1988. Almost $7.4 million in settlements were achieved in this case.

Bronze and Copper Flake This class action suit was brought in New Jersey federal court and alleged a nationwide price-fixing conspiracy among major producers of bronze and copper flake from 1986 through 1989. The class achieved $2 million in settlements.

Carbon Dioxide This class action lawsuit resulted in over $53 million in settlements. Litigated in Florida federal court, this case involved a nationwide price-fixing conspiracy among the major sellers of carbon dioxide, including Archer Daniels Midland, from January 1, 1968 to October 26, 1992.

Carpet Antitrust This case was filed in the Northern District of Georgia and resulted in a $50 million settlement. United States District Judge Harold L. Murphy stated that the attorneys' "efforts in this case to date have demonstrated their great skill and ability" and that "the Court's own observations of Plaintiffs' counsel support a determination that Plaintiffs' counsel are highly reputable and responsible attorneys."

Catfish This nationwide class action lawsuit brought in Mississippi federal court achieved almost $28 million in settlements. The class claimed a price-fixing conspiracy among processors of catfish products, including subsidiaries of Hormel and ConAgra, during the period 1985 through 1988.

Chain Link Fence Keller Rohrback served on the Executive Committee in this class action price-fixing lawsuit brought against chain link fence manufacturers in sixteen Midwest and Western states. The class achieved over $1.3 million in settlements.

Commercial Explosives This class action lawsuit was brought in Utah federal court alleging a nationwide conspiracy to fix prices and allocate markets among six commercial explosive manufacturers, including DuPont, from 1985 through 1993. Years of litigation yielded settlements totaling slightly more than $77 million.

Commercial Tissue This antitrust case filed in the Northern District of Florida involved allegations of a nationwide price-fixing conspiracy among the major manufacturers of facial tissue, toilet paper, paper towels, and related products used in "away from home" settings, such as office buildings, hotels, restaurants, and schools. The parties entered into a settlement agreement valued at $56.2 million in cash and coupons.

Drill Bits Purchasers of drill bits (primarily those used in oil exploration) brought a class action lawsuit in Texas federal court claiming that manufacturers fixed prices during the period 1986 through 1991. The class achieved settlements totaling $52 million.

Infant Formula This class action lawsuit involved a nationwide price-fixing conspiracy among three manufacturers of infant formula who dominated the market during the period January 1, 1980 to January 13, 1992. The class achieved settlements totaling $125.76 million.

Linerboard Antitrust Litigation The class actions in this litigation were resolved with the recovery of more than $202 million for the benefit of a class of businesses that purchased corrugated boxes and sheets. The combined settlements are the largest ever obtained in a price-fixing class action in the Eastern District of Pennsylvania and among the largest obtained in such a case nationally.

Marshfield Clinic Keller Rohrback served as lead counsel in this consumer class action alleging illegal market divisions between medical clinics, hospitals and Health Maintenance Organizations (HMO's) in North Central Wisconsin. The class recovered $4,650,000 in settlements.

Microsoft Corp. Antitrust Litigation Keller Rohrback L.L.P. served on the Executive Committee of plaintiffs' counsel in this class action challenging Microsoft's monopolistic practices. A class of direct purchasers of operating system software achieved a settlement of $10.5 million in the United States District Court for the District of Maryland.

Minnesota Pharmacy Keller Rohrback was lead counsel in a class action antitrust lawsuit brought in Minnesota state court on behalf of independent pharmacies based on price discrimination in the sale of brand-name prescription drugs. The case resulted in settlements for over $1 million.

Monosodium Glutamate Antitrust Litigation Keller Rohrback represents the Plaintiff Class in this case pending in the United States District Court for the District of Minnesota. So far, $124 million has been recovered for the benefit of a class of businesses which purchased food flavor enhancers from suppliers in the U.S., Japan, Korea, and Taiwan. Businesses which participated in the recovery received nearly 200% of the amounts they were overcharged.

NASCAR Keller Rohrback was counsel for plaintiff in a lawsuit that charged NASCAR with breach of contract and unlawful monopolization. The suit also claimed that NASCAR and another defendant, International Speedway Corporation ("ISC"), engaged in a conspiracy to restrain trade in violation of the antitrust laws. Keller Rohrback represented the shareholders of Speedway Motorsports, Inc. ("SMI"), a publicly traded company that owns six motorsports facilities, including Texas Motor Speedway ("TMS"). The plaintiffs alleged that NASCAR breached a promise to award a second annual Nextel Cup race date to Texas Motor Speedway. They also alleged that NASCAR unlawfully maintained a monopoly and has conspired with ISC in the allocation of new Nextel Cup race dates to motorsports facilities. In May 2004, the parties announced that they had reached a settlement agreement, pursuant to which SMI would purchase North Carolina Speedway, located in Rockingham, North Carolina ("Rockingham"), from ISC for $100.4 million. NASCAR would then sanction the Nextel Cup Series race previously hosted by Rockingham at TMS in the 2005 season.

NASDAQ This nationwide class action brought in New York federal court alleged a price-fixing conspiracy among market makers that comprise the NASDAQ stock exchange. The class achieved a settlement of over $1 billion, which was at the time the largest antitrust recovery (class action or otherwise) ever achieved.

Pipe and Tube Keller Rohrback served as lead counsel in this cl, iss action case that was brought in Washington federal court involving a price-fixing conspiracy among pipe and tube distributors in eight Western states during the period 1984 through 1986. See, Koulouris v. Builders Fence, 146 F.R.D. 193 (W.D. 1991). Settlements totaling $650,000 were achieved.

Soft Drink Keller Rohrback served as lead counsel in this class action lawsuit bought on behalf of purchasers against soft drink bottling companies in Eastern Washington claiming a price-fixing conspiracy during the period 1976 through 1989. Almost $2 million in settlements were achieved in this case.

Steel Pail This case involved a price-fixing conspiracy among manufacturers of steel pails throughout the United States during the period 1989 through 1992. Keller Rohrback served on the Executive Committee in this case brought in Ohio federal court. The class achieved settlements totaling $4 million.

Steel Drum Keller Rohrback served on the Executive Committee in this class action case brought in Ohio federal court. Purchasers of new steel drums throughout the United States claimed a price-fixing conspiracy among manufacturers during the period 1987 through 1990. The class achieved $7.36 million in settlements.

Toys R Us This class action was brought in New York federal court, where the FTC found that Toys "R" Us had unlawfully used its dominant market power to orchestrate and enforce agreements between itself and toy manufacturers to restrict sales to "wholesale" clubs. The settlement achieved by plaintiff class and 44 state attorney's general provides for injunctive relief and the payment of almost $57 million in toys and cash.

Wholesale Vitamins Price Fixing Keller Rohrback played an extensive role in trial preparation in this case, one of the largest and most successful antitrust cases in history. Chief Judge Thomas Hogan of the United States District Court for the District of Columbia certified two classes of businesses who directly purchased bulk vitamins and were overcharged as a result of a ten-year global price-fixing and market allocation conspiracy. Through settlement and verdict, recoveries were achieved, including four major settlements between certain vitamin defendants and Class Plaintiffs, including a landmark partial settlement of $1.1 billion.

Wisconsin Pharmacy Keller Rohrback was lead counsel in a class action lawsuit brought in Wisconsin state court on behalf of over 500 independent pharmacies based on price discrimination in the sale of brand-name prescription drugs. The case resulted in settlements of over $5 million. ERISA

Our ERISA Litigation Group helped pioneer this field of law in the IKON, Lucent and Enron ERISA cases, the first large-scale ERISA 401(k) breach of fiduciary duty cases of their kind. Since then, Keller Rohrback has played a major role in developing the law and establishing that ERISA's strict fiduciary duties apply to companies' investment of employees' retirement savings in the stock of the employers. Our efforts have resulted

Federal courts throughout the country have recognized Keller Rohrback's qualifications to vigorously pursue ERISA class action claims. Thus, Keller Rohrback serves as lead or co-lead counsel in almost every major ERISA breach of fiduciary duty case involving 401(k) and ESOP plans, including the Enron ERISA Litigation, WorldCom, Inc. ERISA Litigation, Global Crossing, Ltd. ERISA Litigation, Lucent Technologies, Inc. ERISA Litigation, Providian Financial Corp. ERISA Litigation, Dynegy, Inc. ERISA Litigation, Williams Companies ERISA Litigation, CMS Energy Corp. ERISA Litigation, Xerox Corporation ERISA Litigation, Household International, Inc. ERISA Litigation, CIGNA Corp. ERISA Litigation, BellSouth Corporation ERISA Litigation, Syncor ERISA Litigation, HealthSouth ERISA Litigation, In re Polaroid ERISA Litigation, Mirant Corporation ERISA Litigation, Southern Company ERISA Litigation, The Goodyear Tire & Rubber Company ERISA Litigation, Marsh & McClennan ERISA Litigation, Pfizer ERISA Litigation, Krispy Kreme ERISA Litigation, Delphi ERISA Litigation, and Ford Motor Co. ERISA Litigation.

ERISA 401(k) and ESOP Cases

From the first ever reported 401(k) company stock breach of fiduciary duty case, Whetman v. IKON Office Solutions, Inc., No. MDL 1318 (E.D. Pa.), Keller Rohrback attorneys have successfully guided clients through the exceptionally complex ERISA field. Indeed, since Whetman v. IKON Office Solutions, Inc., Keller Rohrback has continued to act as a trailblazer by serving as lead or co-lead counsel in numerous ERISA breach of fiduciary duty cases - including the landmark cases listed below - in which the claims now routinely alleged in other complaints have been validated include: (1) failure to prudently and loyally manage the plan and plan assets; (2) failure to provide complete and accurate information regarding company stock to Plan participants; and (3) failure to prudently monitor Plan. Courts have again and again praised Keller Rohrback's leadership and successful results in this highly complex and rapidly developing area of law.

First Of Its Kind ERISA 401(k) And ESOP Cases:

Whetman v. IKON Office Solutions, Inc. (Also cited as "In re IKON Office Solutions, Inc. Securities Litigation.") The current wave of 401(k) company stock cases began with Whetman v. IKON Office Solutions, Inc. In a first-of-its-kind complaint, we alleged that company stock was an imprudent investment for the plan, that the fiduciaries of the plan failed to provide complete and

Kellar Rohtbeck LL P. 1201 third Av nus Sulfa 3204 Soetlla, WA 96101 1 206.623.1940 1 Inlavm 'ksNsrrDhrbwk.com Knllor Rohrbeck PLC_ 3101 North Control Avmiuo Suite1400 PF iFx, A286012 I W2_248. 0M ] Infoat[_h Ik rrohrhhetk_tom KELLERROI-RBACK [ IN COMPLEX LITIGATION GROUP [. A lV 0 1- F I [ 1: ti accurate information concerning company stock to the participants, and that they failed to address their conflicts of interest. This case resulted in ground-breaking opinions in the ERISA 401(k) area of law on motions to dismiss, Whetman v. IKON Office Solutions, Inc., 86 F. Supp. 2d 481 (E.D. Pa. 2000); class certification, Whetman v. IKON Office Solutions, Inc., 191 F.R.D. 457 (E.D. Pa. 2000); approval of securities settlements with a carve-out for ERISA claims, In re IKON Office Solutions Sec. Litigation, 194 F.R.D. 166 (E.D. Pa. 2000); and approval of ERISA settlements, Whetman v. IKON Office Solutions, Inc., 209 F.R.D. 94 (E.D. Pa. 2002).

In re Lucent Technologies, Inc. ERISA Litigation The Lucent ERISA Litigation settlement provided for, among other relief, the payment of $69 million in cash and stock to the Plan. Judge Joel Pisano approved the settlement on December 12, 2003.

In re Enron Corp. ERISA Litigation Keller Rohrback L.L.P. serves as co-lead counsel in this class action filed in the Southern District of Texas. On September 30, 2003, Judge Melinda Harmon denied defendants' numerous motions to dismiss in a landmark decision that addressed in detail defendants' obligations as ERISA fiduciaries, and upheld plaintiffs' core ERISA claims. See Tittle v. Enron Corp., 284 F. Supp. 2d 511 (S.D. Tex 2003). Plaintiffs have achieved four partial settlements totaling more than $264 million in cash to the Enron Plans against Enron directors, officers and plan fiduciaries.

In re WorldCom, Inc. ERISA Litigation Keller Rohrback L.L.P. served as lead counsel in this class action filed in the Southern District of New York alleging that WorldCom's officers, directors and other fiduciaries violated their duties to plan participants. The court adopted and gave final approval to the Settlement Agreement on October 26, 2004. The Settlement provides for, among other relief, payment of $47.15 million to the Plan.

Groundbreaking ERISA 401(k) and ESOP Settlements:

Keller Rohrback's qualifications to lead ERISA 401(k) and ESOP class actions is nowhere more evident than in the highly favorable settlements it has achieved for the benefit of employees in several of its nationally prominent cases. In addition to the Enron, WorldCom, IKON, and Lucent settlements discussed above, these settlements include:

In re Dynegy, Inc. ERISA Litigation On March 5, 2004, the court denied, in part, defendants' motions to dismiss. See In re Dynegy, Inc. ERISA Litig., 309 F. Supp. 2d 861 (S.D. Tex. 2004). Subsequently, the parties reached a settlement that provided for the payment of $30.75 million in cash to

Kellar Rohtbeck LL P. 1201 third Av nus Sulfa 3204 Soetlla, WA 96101 1 206.623.1940 1 Inlavm 9ksNsrro1 bsck.c,m Knllor Rohrbeck PLC_ 3101 North Control Avmiuo Suite1400 PF iFx, A286012 I W2_248. 0M ] Infoat[_h Ik rrohrhhetk_tom KELLERROI-RBACK [ IN COMPLEX LITIGATION GROUP [. A lV 0 1- F I [ 1: ti the plan . On December 10, 2004, Judge Sim Lake approved the settlement. See In re Dynegy, Inc. ERISA Litig., No. 02-3076 (S.D. Tex. Dec. 10 , 2004).

In re Global Crossing, Ltd. ERISA Litigation The Global Crossing ERISA Litigation settlement provided for, among other relief, the payment of $79 million to the Plan. Judge Gerald Lynch approved the settlement on November 10, 2004. See In re Global Crossing ERISA Litigation, No. 02 Civ. 7453, 2004 WL 3019763, *1 (S.D.N.Y. Dec. 29, 2004).

In re Household International, Inc., ERISA Litigation On March 31, 2004, Judge Samuel Der-Yeghiayan denied, in part, defendants' motions to dismiss. See Cokenour v. Household Intl Inc., No. 02-7921, 2004 WL 725973 (N.D. Ill. Mar. 31, 2004). The case subsequently settled for $46.5 million in cash to the plan. The court approved the settlement on November 22, 2004. See Cokenour v. Household Intl Inc., No. 02 C 7921 (N.D. III. Nov. 22, 2004).

In re Providian Financial Corp. ERISA Litigation The Providian ERISA Litigation settlement provided for structural changes to the plan, as well as the payment of $8.6 million in cash to the plan. The court approved the settlement on June 30, 2003. See In re Providian Fin. Corp. ERISA Litig., No. 01-5027 2003 WL 22005019 (N.D. Cal. June 30, 2003).

In re Sears Retiree Group Life Insurance Litigation Keller Rohrback represented retired employees of Sears who were the victims of unlawful life insurance benefit reductions, in violation of ERISA. This nationwide class action suit, in the United States District Court for the Northern District of Illinois, resulted in a settlement valued at more than $232 million. Securities and Investment Fraud

Keller Rohrback enjoys a national reputation for excellence in prosecuting securities fraud and other investment claims on behalf of injured investors. These cases typically assert claims against at least one corporate defendant, its officers and directors, its underwriters, its auditors and/or other fiduciaries. The firm relies upon the business and financial background of a number of our attorneys, led by managing partner Lynn Sarko (who has an M.B.A. in Accounting and Finance). This expertise, along with the use of knowledgeable experts and state-of-the-art technology, contributes to Keller Rohrback's successful securities fraud litigation practice.

Keller Rohrback has played a prominent role in large securities fraud and other investment cases litigated across the country. The following are examples of our securities fraud experience:

2TheMart.Com Inc. Keller Rohrback served as co-lead counsel in this securities fraud class action filed in the Central District of California, Southern Division. The class achieved settlements totaling $2.7 million.

Anicom, Inc. Keller Rohrback L.L.P. was one of three counsel representing the State of Wisconsin Investment Board in this securities fraud class action. Counsel achieved settlements on behalf of the class and other parties in excess of $39 million, including a payment of $12.4 million directly from one of the named defendants, described as "one of the largest payments obtained in connection with allegations of securities and accounting fraud in recent times." In all, over 80% of the total recovery was obtained from sources other than Anicom's insurance policy.

Apple Computer Shareholder Derivative Litigation Keller Rohrback serves on the Plaintiffs' Management Committee in the federal derivative shareholder action against nominal defendant Apple Computer, Inc. and current and former officers and members of Apple's Board of Directors. Plaintiffs allege, among other things, breach of fiduciary duty, unjust enrichment, and gross mismanagement arising from the practice of backdating stock options granted between 1993 and 2001, which practice diverted millions of dollars of corporate assets to Apple executives.

Autodesk Keller Rohrback has been appointed to Chair the Plaintiffs' Executive Committee in this federal derivative shareholder pending in the Northern District of California. Plaintiff brings claims on behalf of nominal Defendant Autodesk, Inc., and certain current and former Autodesk officers and directors. These defendants are alleged to have, among other things, breached their fiduciary obligations to Autodesk by engaging in the practice of backdating certain broad-based employee stock options, which practice has diverted millions of dollars of corporate assets and is forcing Autodesk to record additional compensation expenses.

Cyber-Care Inc. This shareholder class action was brought in the Southern District of Florida on behalf of shareholders who purchased Cyber-Care Inc. common stock between November 4, 1999 and May 12, 2000, inclusive. The parties reached a settlement consisting of $3.1 million in cash, plus interest, and 4 million shares of Cyber-Care Inc. common stock.

Foundry Networks, Inc. Shareholder Derivative Litigation Keller Rohrback L.L.P. has been appointed Co-Lead Counsel in the federal derivative shareholder action against nominal defendant Foundry Networks, Inc., and current and

Kellar Rohtbeck LL P. 1201 third Av nus Sulfa 3204 Soetlla, WA 96101 1 206.623.1940 1 Inlavm 'ksNsrrnhrbwk.com Knllor Rohrbeck PLC_ 3101 North Control Avmiuo Suite1400 PF iFx, A286012 I W2_248 .0M ] Infoat[_h Ik rrohrhhetk_tom KELLERROI-RBACK [ IN COMPLEX LITIGATION GROUP [. A lV 0 1- F I [ 1: ti former officers and members of Foundry's Board of Directors. Plaintiffs allege, among other things, breach of fiduciary duty, unjust enrichment, and gross mismanagement arising from the practice of backdating stock options granted between 2000 and 2003, which practice has diverted millions of dollars of corporate assets to Foundry executives.

Herrington v. Hawthorne This class action was successfully prosecuted in King County Superior Court against Phillip Harmon's accountant and against his partner in various business ventures alleging violations of the Washington State Securities Act and civil conspiracy. An opinion by the State Court of Appeals concerning some of these claims is found at 111 Wn.App. 824 (2002). Over $2.4 million in settlements were achieved from this litigation.

IKON Keller Rohrback L.L.P. served as co-lead counsel representing the City of Philadelphia and eight other lead plaintiffs in this certified class action alleging securities fraud. Class Counsel achieved the highest securities fraud settlement in the history of the Court by settling with defendant IKON Office Solutions, Inc. for $111 million. This settlement was listed as one of the "largest settlements in class-action securities-fraud lawsuits since Congress reformed securities litigation in 1995" in the February 12, 2002 issue of USA Today.

Immunex Keller Rohrback served as liaison counsel in this class action securities fraud lawsuit filed in Western Washington federal court. The class recovered $14 million in settlements.

Mutual Fund Management Fee Litigation Keller Rohrback has brought several suits challenging the excessive investment management fees charged by a number of investment advisers to their mutual fund investors. While investment advisers have a fiduciary duty to their investors and the funds, some advisers are violating their duties to investors by charging excessive fees for their services which, in turn, are depleting the return on investments of the savings accounts of millions of Americans. The fees advisers charge may appear to be very small on an individual shareholder basis but they cause a dramatic decrease in investors' returns over time. Keller Rohrback seeks to hold these advisers responsible for the breach of their fiduciary obligations to investors and to recover for the investors the funds that belong in their savings accounts. Keller Rohrback currently has cases pending against a number of mutual fund managers, including AIM/Invesco, American Express (now known as Ameriprise Financial), Federated Equity Management Company of Pennsylvania, Fidelity Management and Research Co., Franklin Templeton, and Massachusetts Financial Services Co.

Phillip Morris This shareholder class action was brought in New York federal court alleging misrepresentations regarding various inventory and trade loading practices used to distort the timing of sales. This case was settled as part of a $115 million settlement.

Scientific-Atlanta, Inc. Securities Litigation Keller Rohrback L.L.P. serves as co-lead counsel in this case, in which plaintiffs allege that defendants engaged in a course of fraudulent conduct by misrepresenting and omitting material information pertaining to Scientific-Atlanta's financial results and by engaging in extensive channel stuffing in order to enable the company to meet its stated earnings expectations.

Sons of Norway Keller Rohrback was appointed lead counsel in this class action securities fraud case brought in Western Washington federal court. Defrauded investors obtained settlements totaling $4,320,000. Keller Rohrback also obtained a $225,000 settlement in a related case.

Starnet Communications International, Inc. Keller Rohrback represented individual shareholders who purchased or otherwise acquired Starnet securities between March 11, 1999, and August 20, 1999 in a securities fraud class action, filed in the District of Delaware. The obtained settlement provided for the distribution of one million fifty thousand (1,050,000) American Depository Receipts of World Gaming PLC, the publicly traded parent of Starnet, for the benefit of the Class.

SunAmerica Keller Rohrback served as lead counsel in this securities fraud action filed in Western Washington federal court involving a "Ponzi" scheme. Plaintiffs allege that at least one key person responsible for this scheme was affiliated with SunAmerica Securities, which knew or should have known that securities laws were being violated. The Class achieved settlements totaling $7 million.

United Companies Financial Keller Rohrback served as co-lead counsel in this class action lawsuit filed in the Middle District of Louisiana, on behalf of individual shareholders who purchased or otherwise acquired equity securities in United Companies Financial Corporation between April 30, 1998 and February 2, 1999, inclusive. The Class recovered $20.5 million in settlements.

West Point-Pepperell Shareholders of West Point-Pepperell common stock filed a class action lawsuit in the Northern District of Illinois after a successful hostile take-over of that company by Farley, Inc. The case included claims of securities fraud and other securities law violations. Investors achieved over $8 million in settlements.

Westell Technologies, Inc. This shareholder class action was brought in the Northern District of Illinois on behalf of shareholders who purchased Westell Technologies, Inc. common stock between June 27, 2000 and October 18, 2000, inclusive. In the spring of 2003, the parties reached a settlement of $3.35 million.

Worldport Communications, Inc. This shareholder class action was brought in Georgia federal court alleging securities fraud. Parties in this case reached a $5.1 million settlement. Consumer Protection

Centex Real Estate Keller Rohrback represented families who purchased homes from builder-vendor Centex Real Estate in King County Superior Court. Centex improperly finished the exterior of the homes , causing the paint to fail prematurely. The original suit was dismissed on summary judgment, but the Washington State Court of Appeals reversed and remanded . Griffith v. Centex Real Estate, 93 Wn . App. 202 (1998). The Class achieved a settlement of $395,000.

First USA Bank This class action was filed on behalf of owners of credit cards issued by First USA Bank who signed up for "introductory rate" credit cards that were subject to false and deceptive "repricing ." A settlement in this class action resulted in an automatic depricing benefit of over $50 million plus over $36 million in benefits from other settlement-related offers.

Kislak Mortgage Keller Rohrback represented a class of borrowers who were charged unsecured fees as part of the payoff of their real estate loans. The original suit was dismissed on summary judgment, but the Washington State Court of Appeals reversed and remanded. Dwyer v. Kislak, 103 Wn.App. 542 (2000). A settlement was achieved and approved by the King County Superior Court.

Ticket Track Plaintiffs alleged that Spokane-based Ticket Track, Inc. violated the Washington State Consumer Protection Act and other laws by collecting and attempting to collect

KaII r Rdhtbeck LL P. 1201 ihlyd Avenue Suite 3204 Soetlla, WA 98101 1 206.M. 1900 1 bnkme(s kellerrohrosck.com Knllor Rohrbeck PLC_ 3101 North Conlml Avmiuo Suite 1400 PF ihc, AZ 85012 1 W2248.0098 ] IlNnez[_ko110rrohrhack_cam KELLERROI-RBACK [ IN COMPLEX LITIGATION GROUP [. .1 lV 0 1- F I [ 1: ti violation fees in addition to parking lot fees owed. The Court granted class certification. Hansen v. Ticket Track, Inc., 213 F.R.D. 412 (W.D. Wash. 2003). The Court also granted partial summary judgment in favor of the class. Hansen v. Ticket Track, Inc., 280 F.Supp.2d 1196 (W.D. Wash. 2003). Ticket Track was permanently enjoined from engaging in this illegal activity, and the Legal Aid for Washington Fund (LAW Fund) received almost $228,000 under the cy pres doctrine, the largest donation in the organization's history.

Product Liability

Diet Drugs (PhenterminelFenfluraminelDexfenfluramine) These cases involve numerous plaintiffs in Washington and other states who seek medical monitoring and/or personal injury compensation in relation to their ingestion of the prescription diet drugs Pondimin and Phentermine (i.e. Fen-Phen) or Redux. Keller Rohrback serves as Class Counsel for a certified medical monitoring class of Washington patients who ingested these diet drugs. In addition, the federal court Judge in Philadelphia who supervised the national settlement and litigation appointed Lynn Lincoln Sarko, Keller Rohrback's managing partner, to serve as a member of the MDL 1203 Plaintiffs' State Liaison Counsel Committee. Keller Rohrback has represented, and continues to represent numerous plaintiffs in pursuing individual personal injury claims through the American Home Products' Nationwide Class Action Diet Drug Settlement or through individual lawsuits brought in state or federal courts.

Jack-in-the-Box Keller Rohrback served as Co-Lead Counsel in the class action litigation brought in Washington Superior Court. Both class action and direct action cases were filed on behalf of persons claiming injury as a result of the consumption of food products sold by Jack-In-The-Box Restaurants which contained the E coli 0157:H7 bacteria in five western states. Damage claims included individuals with hemolytic uremic syndrome. The Class successfully negotiated a Medical Monitoring and Treatment Trust for the benefit of the class. In addition to the benefits of this Trust, total settlements achieved through this litigation amounted to over $13 million.

Louisiana Pacific This case involved a series of direct action suits brought in Washington federal court and in Oregon State court by the owners of large commercial buildings against Louisiana Pacific Corporation, alleging that LP exterior siding was defective and breached applicable warranties. Keller Rohrback obtained settlements for our clients totaling more than $25 million.

Malt-0-Meal This nationwide product liability class action arose out of a salmonella outbreak in the Malt-O-Meal plant in Northfield, Minnesota. It was brought on behalf of all people who

Kellar Rohrt»ck LL P 1201 third A' nus SuU 3200 Sn tlka. WA 96101 1206.623. 1 9W I I nbm @lkoMomohrbwk.com Kellar Rahrhack PLC. 3101 Nash Comfit Avenue Suko1400 Phoanb , AZ 85012 1602.248 . 0068 1 Inloex@l[aIlercohrlsack.com KELLERROI-RBACK [ IN COMPLEX LITIGATION GROUP [. A lV 0 1- F I [ 1: ti became ill after eating cereal manufactured by Malt-O-Meal (under names such as "Toasty-Os"). A class settlement was granted final approval in this case filed in Hennepin County Court of Minnesota.

Odwalla Based in large part on the firm's experience with the Jack-in-the-Box E.coli outbreak, Keller Rohrback was retained by several victims of the Odwalla E. coli outbreak in the fall of 1996. Settlement for our clients totaled $390,000.

Other Cases

Bartell Drug Keller Rohrback was proud to represent the Plaintiff class in the landmark opinion issued in Erickson v. Bartell Drug Co.,141 F. Supp .2d 1266 (W.D. Wash . 2001 ). Judge Robert Lasnik held that when an otherwise extensive health plan covers almost all drugs and devices used by men, the exclusion of prescription contraceptives creates a "gaping hole in the coverage offered to female employees , leaving a fundamental and immediate healthcare need uncovered .... Title VII requires employers to recognize the differences between the sexes and provide equally comprehensive coverage, even if that means providing additional benefits to cover women-only expenses ." Id. at 1277. This monumental decision has paved the way for implementation of non-discriminatory prescription coverage in employee benefit plans nationwide.

Exxon Valdez Keller Rohrback L.L.P. represents fishermen, Alaska natives, municipalities, and other injured plaintiffs in this mass tort lawsuit arising out of the March 24, 1989, oil spill in Prince William Sound, Alaska. After a three-month jury trial, plaintiffs obtained $5 billion in punitive damages - the largest punitive damages verdict in U.S. history. Keller Rohrback L.L.P. played a leadership role during discovery and at trial, and was chosen to serve as Administrator of both the Alyeska and Exxon Qualified Settlement Funds. Litigation, including an appeal, continues. Mr. Sarko, Mr. Woerner and Mr. Copley were members of the trial team who were awarded 1995 Trial Lawyer of the Year for their successful work in the Exxon Valdez Oil Spill Litigation.

Skagit County In an unanimous ruling, the Washington State Supreme Court held that over 100 residents of the Nookachamps area of Skagit County failed to plead a viable theory for imposing liability on the County for levee-induced flooding because the County did not own the levees or property on which they were built. Skagit County was represented by Keller Rohrback in this appeal. See the Court's opinion at Halverson v. Skagit County, 139 Wn.2d 1 (1999).

Lynn Lincoln Sarko Lynn Sarko is the Managing Partner of Keller Rohrback L.L.P. and the head of the firm's Complex Litigation Group. Mr. Sarko is a former Assistant United States Attorney and has been actively engaged in the prosecution of complex litigation for two decades . With a masters degree in accounting , Mr. Sarko's practice has focused on litigating complex class actions involving securities, accounting, corporate governance and retirement plan issues. Mr. Sarko currently serves in leadership positions in several securities fraud and ERISA breach of fiduciary duty cases.

Mr. Sarko earned his M.B.A. in Accounting and Finance at the University of Wisconsin Graduate School of Business. He later graduated from the University of Wisconsin Law School where he served as Editor-in-chief of the Wisconsin Law Review and was a member of the Order of the Coif. Thereafter, he served as law clerk to the Honorable J. Jerome Farris of the United States Court of Appeals for the Ninth Circuit, as an associate with the Washington D.C. firm of Arnold & Porter, and later as an Assistant United States Attorney for the District of Columbia. While in government service, Mr. Sarko served as the lead trial attorney in numerous criminal trials. He has served in various leadership positions on committees of the District of Columbia, Washington State, and American Bar Associations and is a member of the Section of Labor & Employment Law and the Employee Benefits Committee as a Plaintiff Attorney. Mr. Sarko currently serves as Administrator of the Alyeska and Exxon Valdez Oil Spill Litigation settlement funds. He has been identified as a Super Lawyer by Washington Law & Politics for eight years from 1999-2006, and was named Trial Lawyer of the Year by Trial Lawyers for Public Justice. Additionally he is a frequent speaker at CLEs throughout the country.

Mr. Sarko is a member of the Bar in Washington State, Wisconsin, and the District of Columbia. He is also admitted to practice in the United States Supreme Court, the United States Courts of Appeal for the First, Fourth, Fifth, Seventh, Ninth, Tenth, and the District of Columbia Circuits, and the United States District Courts for the Eastern and Western Districts of Washington and Wisconsin, the District of Columbia, and the District of Colorado.

Kellar RoNtack LLP 1201 7hlyd Avenue Suite 3200 SontII , WA 9B1O f 1206.623.1900 1 Inkrva [a'kaNanvdxheck.com KolIut Rohtbeck PLC. 3101 North Oonlml Avonuo Sulltfr1440 PF riFx, A285012 I W2.246. OOM ] In10ii[_k9116rrOhrl KELLERROFRBACK P BIOGRAPHIES [. .1 lV 0 1- F I [ 1: ti

Laurie Ashton Laurie Ashton is a member of Keller Rohrback P.L.C., based in Phoenix, Arizona. She currently serves in a leadership position in the Xerox Corp. ERISA Litigation, Household International, Inc. ERISA Litigation, and the Williams Companies ERISA Litigation. Her practice emphasizes bankruptcy, commercial, ERISA, and environmental litigation. Ms. Ashton has been very active in the Arizona State Bar, having served on the Ethics Committee for six years, and frequently lectures on bankruptcy issues and other matters. Additionally, Ms. Ashton has taught semester courses in Advanced Chapter 11 Bankruptcy and Lawyering Theory and Practice at the ASU College of Law, and for several years running, has been a guest lecturer on Chapter 11 at Harvard Law School. She is the co-author of Arizona Legal Forms: Limited Liability Companies and Partnerships, 1996-2002. Following law school Ms. Ashton served as law clerk for the Honorable Charles G. Case, U.S. Bankruptcy Court, for the District of Arizona for two years. Ms. Ashton graduated from Arizona State University College of Law, where she has twice returned as an Adjunct Professor to teach semester courses in Lawyering Theory and Practice and Advanced Chapter 11. Ms. Ashton is admitted to practice in Arizona and Colorado.

Keller Rohrback LLP 1201 Third Avenue SuM 3200 SoetIk . WA 98141 1 206.623. 1$M 1 InlnvagkeNarmhrbwk.cOM Kollar Rohr#reck PLC. 3101 NorthCenlrai Avenue Suit* 14W Phoenix, A286012 I U42.246. OO 8 I InfOEL[_A4110rWhrWGk.GOm KELLERROI-RBACK BIOGRAPHIES [. .1 lV 0 1- F I [ 1: ti

John H. Bright John Bright, a senior member of Keller Rohrback L.L.P.'s Complex Litigation Group, joined the firm in 1977. Prior to that, he served as Counsel to the Governor of Washington State, the Honorable Daniel J. Evans, from 1972-1973, and was Chief of the Consumer Protection and Antitrust Division of the Washington State Attorney General's Office from 1973- 1977. At the Antitrust Division, he participated in many significant consumer and business cases. At Keller Rohrback L.L.P., he regularly represents governmental and private entities in complex civil actions. John earned his B.A. and his LL.B. degrees at the University of Washington, where he was a member of the Washington Law Review. He is a member of the Washington State Bar Association.

Keller Rohrback LLP 1201 Third Avenue SuM 3200 SoetIk . WA 98141 1 206.623 .1$M 1 Inlnva gkaMarmhrbwk.c0M I[ollor Rohr#reck PLC. 3101 North Cenlrai Avenue Suite 14W Phoenix, AZ 86012 1 U42.246. OO 8 I Inioez:6^NO110rrohrimck.tow KELLERROFRBACK BIOGRAPHIES [. .1 lX' 0 1- F I [ 1: ti

Gretchen Freeman Cappio Gretchen Freeman Cappio's practice includes class action and complex litigation, consumer protection, and employment litigation. She and her co-counsel have represented the } plaintiff class in several cutting-edge complex cases, including Erickson v. Bartell Drug Co., 141 F. Supp. 2d 1266 (W.D. Wash. 2001), in which the Honorable Robert S. Lasnik ruled that an employer violated Title VII of the Civil Rights Act when its coverage failed to cover prescription contraceptives on an equal basis as other prescription drugs. Ms. Cappio graduated from the University of Washington School of Law where she served as the Executive Comments Editor of The Pacific Rim Law & Policy Journal. She earned her B.A. degree magna cum laude from Dartmouth College where she graduated Phi Beta Kappa and with honors in Religion. Ms. Cappio is an active member of the Washington State Bar Association.

Kellar Rohrback LLP 1201 Third Avenue SuM 3200 SoetIk . WA 98141 1 206.623. 1$M 1 Inlnva gkeNarmhrbwk.c0M I[ollor RoI1tb k PLC. 3101 North Cenlrai Avenue Suite 14W Phoenix, AZ 86012 1 U42.246.OO 8 I Inioez:6^NO110rrohrimck.tow KELLERROI-RBACK P BIOGRAPHIES [. .1 lX' 0 1- F I [ 1: ti

David Y. Chen David Chen was most recently founding COO of Biotrue, a bioinformatics startup, where he managed overall operations including legal affairs. He was previously an attorney in private practice and assistant general counsel at Epoch Partners, an investment bank sponsored by Charles Schwab and acquired by Goldman, Sachs. Mr. Chen also practiced M&A, securities and general corporate law at Skadden, Arps, Slate, Meagher & Flom. He began his legal career as an Honors Program attorney with the Civil Rights Division of the U.S. Department of Justice, where he developed, investigated and prosecuted individual cases and patterns or practices of employment discrimination and represented the U.S. Department of Labor in defensive matters. Mr. Chen received his A.B. in Public Policy from Duke University and his J.D. from Stanford University Law School where he was Associate Editor of the Stanford Law Review

Kellar Rohrback LLP 1201 Third Avenue SuM 3200 SoetIk . WA 98141 1 206.623. 1$M 1 Inlnva gkeNarmhrbwk.c0M I[ollor RoI1tb k PLC. 3101 North Cenlrai Avenue Suite 14W Phoenix, AZ 86012 1 U42.246. OO 8 I Inioez:6^NO110rrohrimck.tow KELLERROI-RBACK BIOGRAPHIES [. .1 lX' 0 1- F I [ 1: ti

T David Copley T. David Copley's practice is focused on class action and other complex litigation, including mass tort, antitrust, breach of fiduciary duty, securities, employment and consumer { protection cases. Mr. Copley has served in leadership positions in numerous ERISA cases, including the Household ERISA Litigation, Conseco ERISA Litigation, Pfizer ERISA Litigation, Syncor ERISA Litigation, and Krispy Kreme ERISA Litigation. He has also provided leadership in landmark Title VII litigation including Erickson v. Bartell Drug Co. and In re Union Pacific Railroad Employment Practices Litigation, and in nationwide wage and hour class actions including Johnson v. Gruma Corp. Mr. Copley was one of those named 1995 Trial ,®r,,,_ Lawyer of the Year for his successful work in the Exxon Valdez Oil Spill Litigation. He graduated from Northwestern University School of Law, where he served as an editor of the Northwestern University Law Review. He earned his B.A. at the University of Iowa, taking his degree with Distinction and Honors in Political Science and English and as a member of Phi Beta Kappa. Mr. Copley is admitted to practice in the states of Washington and Arizona, in the United States District Courts of Western Washington, Eastern Washington, Arizona, the Northern District of California, the United States Court of Appeals for the Ninth Circuit, and the United States Supreme Court.

Kellar Rohrback LLP 1201 Third Avenue SuM 3200 SoetIk . WA 98141 1 206.623. 1$M 1 InlnvagkeNarmhrbwk.c0M I[ollor RoI1tb k PLC. 3101 North Cenlrai Avenue Suite 14W Phoenix, AZ 86012 1 U42.246. OO 8 I Inioez:6^NO110rrohrimck.tow KELLERROI-RBACK P BIOGRAPHIES [. .1 lV 0 1- F I [ 1: ti

Juli E. Farris Ms. Farris' practice focuses on securities fraud, breach of fiduciary duty, and antitrust litigation in state and federal courts. She has made significant contributions in cases such as In Re Catfish Antitrust Litigation, IKON Securities Litigation, Anicom Securities Litigation, Phillip Morris Securities Litigation, United Companies Securities Litigation and In re WorldCom Inc. ERISA Litigation. Her current caseload includes ERISA litigation against Merck and Pfizer as well as several stock option backdating cases in which the firm performs a leadership role. Prior to joining Keller Rohrback in 1991, Ms. Farris clerked for Judge E. Grady Jolly of the Fifth Circuit of the United States Court of Appeals and practiced law at the Washington, D.C. office of Sidley & Austin (now Sidley, Austin, Brown & Wood). She earned her B.A. in English and J.D. from Stanford University, where she was a Note Editor of the Stanford Law Review. Ms. Farris is admitted to practice in the states of Washington, California, and the District of Columbia.

Keller Rohrback LLP 1201 Third Avenue SuM 3200 SoetIk . WA 98141 1 206.623 .1$M 1 Inlnva gkeNarmhrbwk.cOM I[ollor Rohr#reck PLC. 3101 North Cenlrai Avenue Suite 14W Phoenix, AZ 86012 1 U42.246.OO 8 I Inioez:6^NO110rrohrimck.tow KELLERROFRBACK BIOGRAPHIES [. .1 lV 0 1- F I [ 1: ti

Raymond J. Farrow Ray Farrow's practice focuses on complex litigation with an emphasis on antitrust, securities law, and ERISA litigation. Mr. Farrow graduated with high honors from the University of Washington School of Law where he was Articles Editor of the Washington Law Review. Prior to law school, Mr. Farrow was a member of the Economics faculty at Seattle University, the 0 University of Washington, and Queen's University in Canada. He earned his B.A. in Economics from the University of Manchester in the U.K. and M.A. degrees in Economics from the University of Essex (U.K.) and Princeton University. Mr. Farrow is licensed to practice in Washington State.

Kellar Rohrback LLP 1201 Third Avenue SuM 3200 SoetIk . WA 98141 1 206.623. 1$M 1 Inlnva gkeNarmhrbwk.c0M I[ollor Rohr#reck PLC. 3101 NorthCenlrai Avenue Suit* 14W Phoenix, A286012 I U42.246. OO 8 I In10&Z6^Yrollarrohrimck.com KELLERROFRBACK P BIOGRAPHIES [. .1 lX' 0 1- F I [ 1: ti

Laura R. Gerber Laura R. Gerber's practice focuses on complex litigation with an emphasis on ERISA litigation, including the Polaroid ERISA Litigation and Syncor ERISA Litigation. She is also actively involved in mutual fund excessive fee cases involving Federated Equity Management Company of Pennsylvania, Fidelity Management & Research Company and Massachusetts Financial Services Company. Prior to joining the firm, she was a consulting attorney on land reform projects in foreign countries. Ms. Gerber graduated from the University of Washington School of Law. While in law school, she concurrently received an M.P.A. degree from the Daniel J. Evans School of Public Affairs at the University of Washington and was a member of the Moot Court Honor Board. She received her B.A. in History and Economics from Goshen College. Ms. Gerber is licensed to practice in Washington.

Kellar Rohrback LLP 1201 Third Avenue SuM 3200 SoetIk . WA 98141 1 206.623. 1$M 1 Inlnva gkeNarmhrbwk.cOM I[ollor Rohr#reck PLC. 3101 North Cenlrai Avenue Suite 14W Phoenix, AZ 86012 1 U42.246. OO 8 I Inioez:6^NO110rrohrimck.tow KELLERROI-RBACK P BIOGRAPHIES [. .1 lX' 0 1- F I [ 1: ti

Gary Gotto Gary Gotto is a member of Keller Rohrback P.L.C., based in Phoenix, Arizona. Mr. Gotto currently serves in leadership positions in the Safeco Derivative Litigation, Enron Corp. ERISA Litigation, Delphi Corp. ERISA Litigation, CMS Energy Corp. ERISA Litigation, Dynegy ERISA Litigation, Global Crossing ERISA Litigation, and the WorldCom Inc. ERISA Litigation and has held leadership and management positions in both Whetman v. IKON Office Solutions, Inc. Securities and ERISA Litigation. In addition to his ERISA 401(k) class action expertise, Mr. Gotto has expertise in derivative, securities, and complex Chapter 11 bankruptcy litigation, which has proved invaluable in cases in which defendants are also debtors in bankruptcy, such as the Enron Corp. ERISA Litigation, WorldCom Inc. ERISA Litigation, and Global Crossing ERISA Litigation. He chaired the Arizona State Bar Subcommittee on Revising the Limited Partnership Act and co-authored Arizona Legal Forms: Limited Liability Companies and Partnerships. Mr. Gotto speaks and teaches regularly on a number of topics, including an annual real estate bankruptcy case study presented at Harvard Law School. He earned his J.D. from Arizona State University summa cum laude, where he was a member of the Order of the Coif. and the Special Projects Editor of the Arizona State Law Journal. Mr. Gotto received his B.A. from the University of Pennsylvania cum laude. He is admitted to practice in the state of Arizona.

Keller Rohrback LLP 1201 Third Avenue SuM 3200 SoetIk . WA 98141 1 206.623. 1$M 1 Inlnva gkeNarmhrbwk.c0M I[ollor RoI1tb k PLC. 3101 North Cenlrai Avenue Suite 14W Phoenix, AZ 86012 1 U42.246. OO 8 I Inioez:6^NO110rrohrimck.tow KELLERROFRBACK P BIOGRAPHIES [. .1 lX' 0 1- F I [ 1: ti

Mark A. Griffin Mark Griffin is a litigation attorney with extensive experience in antitrust, securities, and consumer protection matters. Mr. Griffin earned his B.S. from Marquette University magna cum laude where he received the Economics Faculty Award. He earned his J.D. from Gonzaga University School of Law magna cum laude as a Thomas More Scholar. Mr. Griffin has successfully litigated class action cases in the following areas: antitrust (Microsoft Antitrust Litigation; Vitamin Antitrust Litigation; Linerboard Antitrust Litigation, Transamerica Refining v. Dravo, 130 F.R.D. 70; Soft Drink Bottling Antitrust Litigation; Koulouris v. Builders Fence, 146 F.R.D. 193); securities (Herrington v. Hawthorne, 111 Wn.App. 824; Sons of Norway; Getty v. Harmon, 53 F.Supp.2d 1053); consumer, protection (Hansen v. Ticket Track, 213 F.R.D. 412; 280 F.Supp.2d 1196; Dwyer v. Kislak Mortgage, 103 Wn.App. 542; Griffith v. Centex Real Estate, 93 Wn.App. 202); and mass tort (Jack-in-the-Box Class Action). He has also helped successfully defended Skagit County in a class action (Halverson v. Skagit County, 42 F.3d 1257; 139 Wn.2d 1). He is admitted to practice in Washington, the United States Supreme Court, the United States Court of Appeals for the Ninth Circuit, and the United States District Courts for the Western and Eastern Districts of Washington.

Kellar Rohrback LLP 1201 Third Avenue SuM 3200 SoetIk . WA 98141 1 206.623. 1$M 1 Inlnva gkeNarmhrbwk.cOM I[ollor RoI1tb k PLC. 3101 North Cenlrai Avenue Suite 14W Phoenix, AZ 86012 1 U42.246. OO 8 I Inioez:6^NO110rrohrimck.tow KELLERROI-RBACK P BIOGRAPHIES [. A lV 0 1- F I [ 1: ti

Amy N. L. Hanson Amy N. L. Hanson's practice is focused on class action and other complex litigation, including products liability, breach of fiduciary duty, consumer protection, antitrust, and employment protection cases. Ms. Hanson is currently involved in the CMS Energy Corp. ERISA Litigation, among others, and has successfully represented plaintiff classes and individuals on a variety of issues in both state and federal courts, including Rozema v. Marshfield Clinic, 977 F. Supp. 1362 (W.D. Wis. 1997) (class action antitrust); Wright v. Jeckle, 104 Wn. App. 478, 16 P.3d 1268 (2001)(class action consumer protection and breach of fiduciary duty), rev. denied 144 Wn.2d 1011, 31 P. 3d 1185 (2001), subsequent appeal, 121 Wn. App. 624, 90 P.3d (2004); and Shaffer v. McFadden, 155 Wn.2d 1010, 122 P.3d 912, rev. denied 155 Wn.2d 1010; 122 P.3d 912 (2005) (jurisdictional and forum selection clause issues).

Ms. Hanson earned her J.D. from the University of Wisconsin, where she began litigating her first class action antitrust case as a 2L with Keller Rohrback L.L.P. through the law school's Consumer Litigation Clinic. She earned her B.A. degree summa cum laude in Economics and Political Science from the University of Minnesota. She is licensed to practice in Washington and Wisconsin and in the United States District Court of Western Washington, Eastern Washington, Eastern Michigan, and the Court of Appeals for the Ninth Circuit.

Kellar Rdhtbeck LL P. 1201 third Av nus Sulfa 3204 SoetIla, WA 96101 1 206.623.1940 1 Inlavm 9ksNsrro1 bsck.c,m Knllor Rohrbeck PLC_ 3101 NorthConlrol Avmiuo Suite1aOO PF riFx, A286012 I & 24B. D08B ] Ininez[_kollorrohrhack_com KELLERROI-RBACK P BIOGRAPHIES [. .1 lX' 0 1- F I [ 1: ti

Cad Campen Laufenberg Cari Campen Laufenberg's practice focuses on ERISA, breach of fiduciary duty litigation, securities derivative litigation, and consumer fraud litigation. She is presently pursuing claims on behalf of investors and employees in the Safeco Derivative Litigation, Delphi Corp. ERISA Litigation, HealthSouth Corp. ERISA Litigation, Goodyear Tire & Rubber Co. ERISA Litigation and the Williams Companies ERISA Litigation, and recent stock option backdating cases filed against Apple, Inc., Autodesk, Inc., Cablevision and Foundry. She earned her law degree from the University of Washington School of Law and a Masters of Public Administration from the University of Washington, Daniel J. Evans School of Public Affairs. Ms. Laufenberg graduated from Revelle College at the University of California , San Diego with a B.A. in Art History and Criticism. She is a member of the King County Bar Association, the American Bar Association, Washington Women Lawyers, and served on the Board of Directors of King County Washington Women Lawyers from 2002-2005. She is licensed to practice in Washington State and the United States District Courts of Western Washington, the Eastern District of Michigan and the Northern Districts of Alabama, Georgia and Ohio.

Kellar Rohrback LLP 1201 Third Avenue SuM 3200 SoetIk . WA 98141 1 206.623. 1$M 1 Inlnva gkaHarmhrbwk.c0M I[ollor Rohr#reck PLC. 3101 North Cenlrai Avenue Suite 14W Phoenix, AZ 86012 1 U42.246.OO 8 I Inioez:6^NO110rrohrimck.tow KELLERROI-RBACK P BIOGRAPHIES [. .1 lV 0 1- F I [ 1: ti

Elizabeth A. Leland Beth Leland's practice focuses on ERISA and securities fraud litigation. She is actively involved in, among other cases, the BellSouth Telecommunications Inc. ERISA Litigation, Visteon Corp. ERISA Litigation, Xerox Corp. ERISA Litigation and Apple Securities Derivative Litigation. Ms. Leland has made significant contributions in ERISA and securities cases such as the Dynegy ERISA Litigation, IKON Securities Litigation, Anicom Securities Litigation and the United Companies Securities Litigation. She is an active member of the King County, Washington State, and American Bar Associations, including the American Bar Association's Section of Labor & Employment Law. She earned her B.A. in Business Administration with concentrations in Finance and Business Economics from the University of Washington and graduated cum laude from the University of Puget Sound School of Law. Ms. Leland is admitted to practice in Washington State and Federal Courts, as well as the Ninth and other Circuits across the country.

Kellar Rohrback LLP 1201 Third Avenue SuM 3200 SoetIk . WA 98141 1 206.623 .1$M 1 InlnvagkaHarmhrbwk.cOM I[ollor Rohr#reck PLC. 3101 North Cenlrai Avenue Suite 14W Phoenix, AZ 86012 1 U42.246.OO 8 I Inioez:6^NO110rrohrimck.tow KELLERROI-RBACK P BIOGRAPHIES [. .1 lV 0 1- F I [ 1: ti

Lorraine Lewis Phillips Lorraine Lewis Phillip's practice focuses on complex litigation with an emphasis in antitrust and consumer protection cases. She successfully represented dozens of clients with medical negligence claims against Dr. Charles Momah, OB-GYN, and Highline Community Hospital. Ms. Lewis Phillips is currently working on numerous consumer protection cases involving lenders who charge unauthorized fees when homeowners pay off their mortgage loans. She earned her B.A. in Political Science and Economics from Pacific Lutheran University and her J.D. from the University of Washington School of Law where she received the Order of the Barristers award. In law school, Ms. Lewis Phillips published an article in the Pace Environmental Law Review for which won Best Overall Brief in the Fourteenth Annual Pace National Environmental Law Moot Court Competition. Prior to law school, Ms. Lewis Phillips worked for the Washington State, Office of the Attorney General for 12 years where she was the Administrator of the statewide Stop Fraud Network and an Investigator with the Consumer Protection and Antitrust Divisions. Ms. Lewis Phillips is admitted to practice in Washington State and in the U.S. District Courts for the Western and Eastern Districts of Washington.

Kellar Rohrback LLP 1201 Third Avenue SuM 3200 SoetIk . WA 98141 1 206.623. 1$M 1 Inlnva gkeNarmhrbwk.c0M I[ollor RoI1tb k PLC. 3101 North Cenlrai Avenue Suite 14W Phoenix, AZ 86012 1 U42.246. OO 8 I Inioez:6^NO110rrohrimck.tow KELLERROI-RBACK P BIOGRAPHIES [. A lV 0 1- F I [ 1: ti

Ron Kilgard Ron Kilgard is of member of Keller Rohrback P.L.C., based in Phoenix, Arizona. Most notable among the many cases he has litigated is the Whetman v. IKON Office Solutions, Inc. ERISA Litigation, MDL No. 1318 (E.D. Pa.), in which Mr. Kilgard served as one of the lead attorneys. The IKON ERISA Litigation was one of the leading ERISA 401(k) breach of fiduciary duty class actions in the country, providing landmark published decisions on class certification and other central issues pertaining to ERISA 401(k) breach of fiduciary duty class action litigation . The ERISA issues in the IKON Securities Litigation , which were actively litigated for more than three years in the United States District Court for the Eastern District of Pennsylvania, were fundamentally the same as those presented in subsequent ERISA 401(k) litigation against IKON, involving the alleged imprudence of investments in employer securities in the same company's 401 (k) plan and materially misleading communications with plan participants related thereto . Mr. Kilgard currently serves in leadership positions in the Enron Corp. ERISA Litigation and Marsh ERISA Litigation.

Mr. Kilgard is a Phoenix native. He received an undergraduate degree from Harvard College and a Master's degree from Harvard Divinity School, concentrating in Hebrew Bible and other ancient Near Eastern languages and literatures (Babylonian-Assyrian, Egyptian, etc.), before returning home to Arizona for law school. Mr. Kilgard graduated from Arizona State as the Editor-In-Chief of the law review and was selected by faculty as the outstanding graduate of his class. Upon earning his law degree, Mr. Kilgard clerked for the Hon. Mary Schroeder on the Ninth Circuit Court of Appeals before entering private practice. In addition to the ERISA litigation, in over twenty-five years of practice, Mr. Kilgard has litigated a broad array of commercial and personal injury/ wrongful death cases for both plaintiffs and defendants, including construction cases for Bechtel Corporation, personal injury/wrongful death cases involving AIDS-tainted blood, insurance bad faith cases, and insurance receivership cases.

Kellar Rdhtbeck LL P. 1201 third Av nus Sulfa 3204 Soetlla, WA 96101 1 206.623.1940 1 Inlavm 'ksNsrrDhrbwk.oam Knllor Rohrbeck PLC_ 3101 NorthConlrol Avmiuo Suite1400 PF riFx, A286012 I W2_248 .0M ] Ininez[_kallarrohrhack_com KELLERROI-RBACK P BIOGRAPHIES [. .1 lV 0 1- F I [ 1: ti

Tana Lin Tana Lin's practice focuses on employment and ERISA litigation. She is also actively involved in mutual fund excessive fee litigation against Franklin Templeton, AIM Investments, Fidelity Management & Research Company, American Express (now known as Ameriprise Financial), Federated Equity Management Company of Pennsylvania, and Massachusetts Financial Services Company. Prior to joining Keller Rohrback's Complex Litigation Group, Ms. Lin practiced as a civil rights attorney and criminal defense lawyer. She began her legal career as a trial attorney with the Public Defender Service for the District of Columbia. She later became a senior trial attorney with the Employment Litigation Section of the Civil Rights Division of the United States Department of Justice and, subsequently, the Chicago District Office of the United States Equal Employment Opportunity Commission. Ms. Lin has prosecuted employment discrimination cases against governmental entities such as the Louisiana State Police and private corporations such as Wal-Mart. Ms. Lin was also the litigation coordinator for the Michigan Poverty Law Program where she developed and implemented impact projects to address systemic problems affecting the poor on issues such as access to public benefits and appropriate educational services. She also served as a co-mediator for federal agency employee disputes through the Interagency Project on Sharing Neutrals. Ms. Lin received her A.B. with Distinction in Government from Cornell University; she earned her J.D. from New York University School of Law, where she was a Root-Tilden-Snow Scholar. She is admitted to practice in the District of Columbia, Illinois, Michigan, and Washington.

Keller Rohrback LLP 1201 Third Avenue SuM 3200 SoetIk . WA 98141 1 206.623. 1$M 1 Inlnva gkaHarmhrbwk.c0M I[ollor Rohr#reck PLC. 3101 North Cenlrai Avenue Suite 14W Phoenix, AZ 86012 1 U42.246. OO 8 I Inioez:6^NO110rrohrimck.tow KELLERROI-RBACK BIOGRAPHIES [. .1 lV 0 1- F I [ 1: ti

Derek W. Loeser Derek Loeser practices in the firm's Complex Litigation Group with an emphasis on ERISA and breach of fiduciary duty litigation. He is actively involved in, among other ERISA cases, Enron, WorldCom, and Marsh & McLennan, and has a leadership role in the CMS Energy Corp. ERISA Litigation, the HealthSouth Corp. ERISA Litigation, the Polaroid ERISA Litigation, and the Mirant Corp. ERISA Litigation. Following law school, Mr. Loeser was a trial attorney in the Employment Litigation Section of the Civil Rights Division of the United States Department of Justice in Washington, D.C. He also clerked for the Hon. Michael R. Hogan, United States District Court, District of Oregon. Mr. Loeser received his B.A. in American Literature from Middlebury College, graduating summa cum laude, with highest departmental honors, and as a member of Phi Beta Kappa. He earned his J.D. with honors from the University of Washington School of Law. Mr. Loeser is admitted to practice in Washington, the United States District Courts for the Western and Eastern Districts of Washington, the Ninth Circuit Court of Appeals, and is a member of American Bar Association's Section of Labor & Employment Law and the Employee Benefits Committee as a Plaintiff Attorney.

Kellar Rohrback LLP 1201 Third Avenue SuM 3200 SoetIk . WA 98141 1 206.623. 1$M 1 Inlnva gkeNarmhrbwk.c0M I[ollor Rohr#reck PLC. 3101 North Cenlrai Avenue Suite 14W Phoenix, AZ 86012 1 U42.246.OO 8 I Inioez:6^NO110rrohrimck.tow KELLERROI-RBACK P BIOGRAPHIES [. A lV 0 1- F I [ 1: ti

Erin M. Riley Erin Riley's practice focuses on ERISA and breach of fiduciary duty litigation. She has been actively involved in numerous ERISA cases, including WorldCom, Williams Companies, Marsh & McLennan, AIG, Delphi, and Visteon. Ms. Riley graduated cum laude from the University of Wisconsin School of Law, where she was a managing editor of the Wisconsin Law Review. She received her B.A. in French and History from Gonzaga University, where she graduated cum laude. Ms. Riley is licensed to practice in both Washington and Wisconsin, and is a member of the American Bar Association's Section of Labor & Employment Law and the Employee Benefits Committee as a Plaintiff Attorney.

Kellar RoNtack LLP 1201 7hlyd Avenue Suite 3200 SontII , WA 9B1O f 1206.623.1900 1 Inkrva [a'kaNanvdxheck.com KolIut Rohtbeck PLC. 3101 North Oonlml Avonuo Sulltfr1440 PF riFx, A285012 I W2.246. OOM ] In10tii[_k9116rrOhrl KELLERROI-RBACK P BIOGRAPHIES [. A lV 0 1- F I [ 1: ti

Karin B. Swope Karin Swope practices in the firm's nationally recognized complex litigation group. Prior to joining the firm, Karin litigated complex commercial cases, primarily in the areas of intellectual property, and commercial disputes. She also has significant experience in responding to government enforcement activities, including white collar criminal prosecutions, federal civil enforcement actions, and government investigations, and has counseled clients on internal corporate investigations. She clerked for the Hon. John C. Coughenour, United States District Court, District of Western Washington, and for the Hon. Robert E. Cowen, United States Court of Appeals for the Third Circuit. She earned her B.A. in English and Political Science from Amherst College and her J.D. from Columbia University School of Law , where she was Executive Articles Editor for the Columbia Human Rights Law Review.

Kellar RoNtack LLP 1201 7hlyd Avenue Suite 3200 SontII , WA 9B1O f 1206.623.1900 1 Inkrva [a'kaNanvdxheck.com KolIut Rohtbeck PLC. 3101 North Oonlml Avonuo Sulltfr1440 PF riFx, A285012 I W2.246. OOM ] In10tii[_k9116rrOhrl KELLERROI-RBACK BIOGRAPHIES [. A lX' 0 1- F I [ 1: ti

Britt L. Tinglum Britt Tinglum is a partner at Keller Rohrback L.L.P. and has held a leadership role in several nation-wide class actions, including the Enron Corp. ERISA Litigation, In re Ikon Office Solutions, Inc. Securities Litigation and Lucent Technologies, Inc. ERISA Litigation. Ms. Tinglum is also actively engaged in the prosecution of a variety of other complex class actions, including antitrust, employement, consumer fraud and accounting fraud. She received both her undergraduate and J.D. from the University of Wisconsin.

Kellar RoNtack LLP 1201 7hlyd Avenue Suite 3200 SontII , WA 9B1O f 1206.623.1900 1 Inkrva [a'kaNanvdxheck.com KolIut Rohtbeck PLC. 3101 North Oonlml Avonuo Suwr1440 PF riFx , A285012 I W2.246.OOM ] IftkMzQ_k9116riOhrb6Gk_OOm KELLERROI-RBACK P BIOGRAPHIES [. A lV 0 1- F I [ 1: ti

Margaret E. Wetherald Margie Wetherald is a partner of Keller Rohrback L.L.P. and serves on the firm's executive committee. Throughout her practice, Ms. Wetherald has handled complex litigation in multiple state and federal jurisdictions with a concentration on commercial insurance coverage, breach of fiduciary duty, and class action litigation. Ms. Wetherald has also handled mass tort litigation involving transmission of AIDS to hemophiliacs through blood products, exposure to contaminated groundwater and hepatitis. She received her undergraduate degree from Mount Holyoke College cum laude and as a member of Phi Beta Kappa. She graduated from Cornell Law School. Ms. Wetherald taught at the Columbus School of Law at Catholic University in Washington, D.C. from 1983 to 1985. Ms. Wetherald has practiced in Seattle since 1985 with two years in Washington, D.C. from 1992-1994. She is admitted to practice in the United States Supreme Court, the United States Court of Appeals for the Ninth Circuit, the United States District Courts for Eastern and Western Washington and in the State Courts in Washington and Oregon.

Kellar RoNtack LLP 1201 7hlyd Avenue Suite 3200 SontII , WA 9B1O f 1206.623.1900 1 Inkrva [a'kaNanvdxheck.com KolIut Rohtbeck PLC. 3101 North Oonlml Avonuo Sulltfr1400 PF riFx, A285012 I W2.246. OOM ] In10ii[_k9116rruhrl KELLERROFRBACK BIOGRAPHIES [. A lX' 0 1- F I [ 1: ti

Amy Williams-Derry Amy Williams-Derry joined Keller Rohrback's Complex Litigation Group in 2005 with several years of litigation experience. This experience includes intellectual property, employment, securities, consumer, real property, and corporate disputes, as well as federal court litigation on resource issues involving water quality and water rights, forest practices, endangered species, and toxic substances. Ms. Williams-Derry has litigated cases at both the trial and appellate levels, and has successfully represented clients in mediation and arbitration settings, including before the National Labor Relations Board, National Association of Securities Dealers, and New York Stock Exchange. At Keller Rohrback, she has been involved in numerous ERISA cases including the Polaroid ERISA Litigation, Citigroup Pension Plan Litigation and J.P. Morgan Chase Cash Balance Plan Litigation. Ms. Williams- Derry earned her A.B. with honors from Brown University and her J.D. from the University of Virginia. While in law school, she served as Editor-in-Chief of the Virginia Environmental Law Journal.

Kellar RoNtack LLP 1201 7hlyd Avenue Suite 3200 SontII , WA 9B1O f 1206.623.1900 1 Inkrva [a'kaNanvdxheck.com KolIut Rohtbeck PLC. 3101 North Oonlml Avonuo Sulltfr1440 PF riFx, A285012 I W2.246 .OOM ] In10ii[_k9116rruhrl KELLERROI-RBACK P BIOGRAPHIES [. A lX' 0 1- F I [ 1: ti

Michael D. Woerner Mike Woerner joined Keller Rohrback L.L.P. in 1985. His practice focuses on class action and mass tort cases. He is also actively involved in mutual fund excessive fee litigation against Franklin Templeton, AIM Investments, Fidelity Management & Research Company, American Express (now known as Ameriprise Financial), Federated Equity Management Company of Pennsylvania, and Massachusetts Financial Services Company. Mr. Woerner was a member of the litigation team that received the Trial Lawyers for Public Justice's 1995 Trial Lawyer of the Year Award for his work in In re Exxon Valdez. He has more recently represented hundreds of clients in multiple states injured by fen-phen diet drugs. Mr. Woerner earned his B.S. from the University of Puget Sound and his J.D. from the University of Notre Dame, where he was a member of the Journal of Legislation Law Review. He is admitted to practice in Washington, the United States District Courts of Washington, and the United States Court of Appeals for the Ninth Circuit.

Other Keller Rohrback attorneys working with the Complex Litigation Group:

Ian S. Birk Glen P. Garrison Paul M. Rosner Stephen R. Boatwright* Gary D. Greenwald David J. Russell Karen E. Boxx Irene M. Hecht Mark D. Samson* Jason P. Chukas Scott C. Henderson Frederick W. Schoepflin Alicia Corbett* Benjamin J. Lantz William C. Smart Shane P. Cramer Heidi Lantz Thomas A. Sterken Rob J. Crichton David R. Major Ryan J. Straus Chloethiel W. DeWeese John Mellen Laurence R. Weatherly Maureen M. Falecki Robert S. Over Benson D. Wong Daniel S. Friedberg Amy Phillips

*Admitted to practice in the State of Arizona only.

Keller RoNtack LLP 1201 7hlyd Avenue Suite 3200 SontII , WA 9B1O f 1206.623.1900 1 Inkrva [a'kaNanvdxheck.com KolIut Rohtbeck PLC. 3101 North Oonlml Avonuo Suwr1440 PF riFx, A285012 I W2.246 .OOM ] IftkMZQ_k9116rr011rb6Gk_OOm EXHIBIT F FIRM RESUME

WOLF HALDENSTEIN ADLER FREEMAN & HERZ LLP WOLF HALDENSTEIN ADLER FREEMAN & HERZ LLP

Founded in 1888, Wolf Haldenstein Adler Freeman & Herz LLP is a full service law firm with practice groups in corporate/tax, pension/benefits, real estate, trusts and estates, healthcare, bankruptcy, limited partnerships, and civil and commercial litigation, with a particular specialty in complex class and shareholder litigation under both federal and state law.

Wolf Haldenstein's total practice approach, supported by the Firm's mid- range size, distinguishes the Firm from other firms. Our longstanding tradition of a close attorney/client relationship ensures that each one of our clients receives prompt, individual attention and does not become lost in an institutional bureaucracy. Our team approach is at the very heart of Wolf Haldenstein's practice. All of our lawyers are readily available to all of our clients and to each other. The result of this approach is that we provide our clients with an efficient legal team having the broad perspective, expertise and experience required for any matter at hand. We are thus able to provide our clients with cost effective and thorough counsel focused on our clients' overall goals.

The Firm has its principal office with lawyers in the various practice areas, at 270 Madison Avenue, New York, NY 10016. The Firm's general telephone number in New York is (212) 545-4600. The fax number in New York is (212) 545-4653. The Firm also has offices at Symphony Towers, 750 B Street, Suite 2770, San Diego, CA 92101, telephone: (619) 239-4599, fax: (619) 234-4599; 55 W. Monroe Street, Suite 1111, Chicago, IL 60603, telephone: (312) 984-0000, fax: (312) 984-0001; and 625 N. Flagler Drive, West Palm Beach, Florida 33401. The Firm's web site is accessible at http://www.whafh.com.

2 -AL DENSTEIN .ER FREEMAN & HERZ LLP THE FIRM

Wolf Haldenstein's Class Action Litigation Group has been recognized by courts throughout the country as being highly experienced in complex litigation, particularly with respect to securities, consumer, ERISA, and antitrust class actions and shareholder rights litigation. The Class Action Litigation Group consists of 30 attorneys and 10 paraprofessional assistants. Brief resumes of these attorneys begin on page 12.

Also included are the resumes of attorneys from other areas of the Firm's practice who routinely lend their expertise to the Firm's class action litigators in the areas of tax, bankruptcy, corporate, trusts, labor, and ERISA law. The ability to call upon the internal expertise of practitioners in such varied areas of the law greatly enhances the strength and efficiency of the Firm's representative litigation practice and, indeed, makes Wolf Haldenstein unique among national firms specializing in class action litigation.

The nature of the Firm's activities in representative litigation is extremely broad. In addition to a large case load of securities fraud and other investor class actions, Wolf Haldenstein has represented classes of corn farmers in connection with the devaluation of their crops; contact lens purchasers for contact lens manufacturers' violations of the antitrust laws; merchants compelled to accept certain types of debit cards; insurance policyholders for insurance companies' deceptive sales practices; victims of unlawful strip searches under the civil rights laws; and various cases involving violations of Internet users' on-line privacy rights.

The Firm's experience in class action securities litigation, in particular public shareholder rights under state law and securities fraud claims arising under the federal securities laws and regulations, including the Private Securities Litigation Reform Act of 1995 ( PSLRA ), is particularly extensive. The Firm was one of the lead or other primary counsel in securities class action cases that have recouped billions of dollars on behalf of investor classes, in stockholder rights class actions that have resulted in billions of dollars in increased merger consideration to shareholder classes, and in derivative litigation that has recovered billions of dollars for corporations.

3 -IAL DENSTRIN .ER FREEMAN & HERZ LLP Among its colleagues in the plaintiffs' securities bar, as well as among its adversaries in the defense bar, Wolf Haldenstein is known for the high ability of its attorneys, the exceptionally high quality of its written and oral advocacy on behalf of class action clients, and its pioneering efforts in difficult or unusual areas of securities or investor protection laws, including: groundbreaking claims that have been successfully brought under the Investment Company Act of 1940 regarding fiduciary responsibilities of investment companies and their advisors toward their shareholders; claims under ERISA involving fiduciary duties of ERISA trustees who are also insiders in possession of adverse information regarding their fund's primary stockholdings; the fiduciary duties of the directors of Delaware corporations in connection with change of control transactions; the early application of the fraud-on-the-market theory to claims against public accounting firms in connection with their audits of publicly traded corporations; and the application of federal securities class certification standards to state law claims often thought to be beyond the reach of class action treatment.

Wolf Haldenstein's performance in representative litigation has repeatedly received favorable judicial recognition. The following representative judicial comments over two decades indicate the high regard in which the Firm is held:

• In Re Dynamic Random Access Memory Antitrust Litigation, MDL-02-1486 (N.D. Cal.), where the Firm was co-lead counsel, Judge Hamilton said (on August 15, 2007): "I think I can conclude on the basis with my five years with you all, watching this litigation progress and seeing it wind to a conclusion, that the results are exceptional. The percentages, as you have outlined them, do put this [case] in one of the upper categories of results of this kind of [antitrust] class action. I am aware of the complexity ... I thought that you all did an exceptionally good job of bringing to me only those matters that really required the Court's attention. You did an exceptionally good job at organizing and managing the case, assisting me in management of the case. There was excellent coordination between all the various different plaintiffs' counsel with your group and the other groups that are part of this litigation.... So my conclusion is the case was well litigated by both sides, well managed as well by both sides.

• In In re Comdisco Sec. Litig., No. 01 C 2110 (July 14, 2005), Judge Milton Shadur observed: "It has to be said ... that the efforts that have been extended [by Wolf Haldenstein] on behalf of the plaintiff class in the face of these obstacles have been exemplary. And in my view [Wolf Haldenstein] reflected the kind of professionalism that the critics of class actions ... are

4 4AL DENSTEIN .BR FREEMAN & HERZ LLP never willing to recognize.... I really cannot speak too highly of the services rendered by class counsel in an extraordinary difficult situation.

In In re MicroStrategy Securities Litigation, 150 F. Supp. 2d 896, 903 (E.D. Va. 2001), where the Firm was a co-lead counsel, Judge Ellis commented: "Clearly, the conduct of all counsel in this case and the result they have achieved for all of the parties confirms that they deserve the national recognition they enjoy.

In In Re Toys R Us Antitrust Litigation, 98 MDL 1211 (NG) 191 F.R.D. 347, 351, 356 (E.D.N.Y. 2000), where the Firm served as co-lead and liaison counsel, Judge Gershon wrote : "Class counsel are highly skilled and experienced and can fairly and adequately represent the interests of the class .... Counsel for both the class plaintiffs and the States have well-earned the compensation that they request.

In Yud v. Saf TLok, No. 98-8507-Civ-Hurley (S.D. Fla. Dec. 15 , 1999), where the Firm was sole lead counsel, the court stated: "The attorneys have done an outstanding amount of work and fine legal work in a short period of time to bring this class action to resolution in a successful fashion.

In Kurzweil v. Philip Morris Companies, 94 Civ. 2373, 94 Civ. 2546 (MBM) (S.D.N.Y. Nov. 13, 1998), where the Firm was sole lead counsel, then Chief Judge Mukasey, in approving a $116.5 million settlement stated: "In this case, this represents a lot of good, hard, serious work by a lot of talented lawyers and I appreciate it on both sides.

In Paramount Communications v. Q VC Network Inc.; In re Paramount Communications Inc. Shareholders' Litigation, 637 A.2d 34, 37 n.2 (Sup. Ct. Del. 1994), where the Firm was co-lead counsel for the Paramount shareholders, the Supreme Court of Delaware noted "its appreciation of ... the professionalism of counsel in this matter in handling this expedited litigation with the expertise and skill which characterize Delaware proceedings of this nature. The Court further "commended the parties for their professionalism in conducting expedited discovery, assembling and organizing the record, and preparing and presenting very helpful briefs, a joint appendix, and oral argument.

In In re Laser Arms Corp. Securities Litigation, 794 F. Supp. 475, 496 (S.D.N.Y. 1989), where the Firm was lead counsel, the Court stated "plaintiffs' counsel have demonstrated their experience in securities litigation and the Court is confident that counsel will proceed vigorously on behalf of all class and subclass members.

In In re Public Service Co. of Indiana Derivative Litigation, 125 F.R.D. 484, 486 (S.D. Ind. 1988), concerning the construction of the Marble Hill Nuclear Power Plant, where the Firm was lead counsel, the court said:

5 4AL DENSTEIN .BR FREEMAN & HERZ LLP "Throughout the life of this litigation, it has been both vigorously prosecuted and aggressively defended by thoroughly competent counsel on all sides.

• In In re Public Service Co. ofNew Hampshire Derivative Litigation, 84-220-D (D.N.H. 1986), involving the construction of the Seabrook Nuclear Power Plant, where the Firm was lead counsel, the court said of plaintiffs ' counsel that "the skill required and employed was of the highest caliber.

• In In re Warner Communications Securities Litigation, 618 F. Supp. 735, 749 (S.D.N.Y. 1985), where the Firm served as co-lead counsel, the court noted the defendants' concession that "'plaintiffs' counsel constitute the cream of the plaintiffs' bar.' The Court cannot find fault with that characterization.

• In Steiner v. Equimark Corp., No. 81-1988 (W.D. Pa. 1983), a case involving complex issues concerning banking practices in which the Firm was lead counsel, then District Judge Mannsman described, in part, the work the Firm performed:

We look at the complexity of the issue, the novelty of it, the quality of work that, as the trial judge, I am able to perceive, and then, finally, the amount of recovery obtained: I think I have certainly said a lot in that regard. I think it's been an extraordinary case. I think it's an extraordinary settlement. Certainly defense counsel and plaintiffs' counsel as well are all experienced counsel with a tremendous amount of experience in these particular kinds of cases. And under those circumstances ... I think it was, really, the strategy and ingenuity of counsel in dividing up the workload and strategizing the cases as to who was to do what and what ultimately should be done to bring about the settlement that was achieved.

Wolf Haldenstein is a leader in the class action litigation field and is currently the court-appointed lead counsel, co-lead counsel, or executive committee member in some of the largest and most significant class action lawsuits currently pending across the United States, including:

6 -IAL DENSTEIN .BR FREEMAN & HERZ LLP • In re Initial Public Offering Securities Litigation, 21 MC 92 (SAS) (S.D.N.Y.).

• J.P. Morgan Chase Securities Litigation, (Blau v. Harrison), Civ. No. 04 C 6592 (N.D. Ill.).

• In re Collins & Aikman Corp. Sec. Litigation, 06-cv-13555 -AJT-VMM (E.D. Mich.).

• Lewis v. CNL Restaurant Properties, No. 05-00083-F (Tex. Dist. Ct.).

• In re Adelphia Communications Corp. Securities and Derivative Litigation ("Adelphia Business Actions ), 03-ML 1529, 03 CV 5755 (LMM) (S.D.N.Y.).

• In re Iridium Securities Litigation, C.A. No. 99-1002 (D.D.C.).

• In re Transkaryotic Therapies, Inc., Securities Litigation, C.A. No. 03- 10165 -RWZ (D. Mass).

• In re Loral Space & Communications Shareholders' Securities Litigation, 03 Civ. 8262 (JES) (S.D.N.Y).

• In re St. Paul Travelers Securities Litigation II, Civ. No. 04-cv-4697 (JRT/FLN) (D. Minn.).

• In re LNR Property Corp. Shareholder Litigation, Consolidated C.A. No. 647-N (Del. Ch. Ct.).

• In re Triad Hospitals, Inc. Shareholder Litigation, Case No. 296-00435-07 (Tex. 296th Dist. Ct.).

• Station Casinos Shareholder Litigation, Master Case No. A 532367.

• Swift Transportation Company Shareholder Litigation, Case No. A519396 (Nev.).

• In re Harrah's Entertainment Inc. Shareholder Litigation, Consolidated Class Action No. 2453-N (Del. Ch.).

• In re TXU Shareholder Litigation, Consolidated Case No. 07-01707 (Tex. 44th Dist. Ct.).

• In re EGL, Inc. Shareholder Litigation, Cause No. 2007-00139 (Tex. 125th Dist. Ct.).

7 4AL DENSTEIN .BR FREEMAN & HERZ LLP • Clear Channel Shareholder Litigation, Cause No. 2006-CI-17492 (Tex. 408th Dist. Ct.)

• In re Tyson Foods, Inc. Consolidated Shareholder Litigation, Consolidated C.A. No. 1106-N (Del. Ch. Ct.).

• In re American Pharmaceutical Partners, Inc. Shareholder Litigation, Consolidated C.A. No. 1823-N (Del. Ch. Ct.).

• In re Tower Automotive ERISA Litigation, No. 05 CV 2184 (LLS) (S.D.N.Y.).

• MBNA Corp. ERISA Litigation, C.A. No. 05-429 GMN (D. Del.).

• In re Aon ERISA Litigation, No. 04 C 6875 (N.D. Ill.).

• In re Aquila, Inc., (ERISA Litigation), 04-865 (W.D. Mo.).

• Spiziri v. The St. Paul Travelers Companies, Inc. (ERISA Litigation), Civ. No. 04-5096 JRT/FLN (D. Minn.).

• In re Harley Davidson, Inc. ERISA Litigation, Case No. 05-C-00547-CNC (E.D. Wisc).

• In re Guidant Corp. ERISA Litigation, 1:05-cv-1009-LJM-TAB (S.D. Ind.)

• In re Sulfuric Acid Antitrust Litigation, Master File No. 03 C 4576 (N.D. Ill.).

• In re McDonough, et al. v. Toys "R " Us, Inc., et al., No 2:06 CV 00242-AB (E.D. Pa.).

• In re Copper Tubing Antitrust Litigation, No. 04-2771 -DV.

• Schoenbaum v. E.I. DuPont de Nemours and Company, et al., Case No. 4:05-cv-01 108 ERW (E.D. Mo.) (consolidated antitrust cases concerning genetically modified corn and soybean seeds.

• In re ACR Copper Tubing Antitrust Litigation, No. 06-2207-DP (W.D. Tenn.).

• In re Evanston Northwestern Healthcare Corp. (ENH) Antitrust Litigation, No. 07-4446-JHL (N.D. Ill.).

Beginning on page 25 is a representative listing of cases in which the Firm has been lead or one of the plaintiffs' primary counsel and the results achieved in those cases. In addition, a representative list of published

8 -IAL DENSTEIN .BR FREEMAN & HERZ LLP decisions in cases in which Wolf Haldenstein has played a lead or other significant role begins on page 29.

Wolf Haldenstein is a leader in the derivative litigation field and is currently leading counsel in some of the most significant derivative actions pending in the United States, including:

• In re Mutual Fund Investment Litigation, MDL No. 1586 (D. Md.).

• Levin v. Kozlowski, (Tyco Derivative Litigation), No. 602113/2002 (N.Y. Sup. Ct.).

• AIG, Inc. Consolidated Derivative Litigation, C.A. No. 769-N (Del. Chanc.).

• In re R&G Financial Corp. Derivative Litigation , 1:05-CV-5547 (S.D.N.Y.).

• In re Cablevision Systems Corp. Shareholder Derivative Litigation, Master File No. 06-CV-4130-DGT-AKT.

• General Motors Derivative Litigation, MDL Docket No. 1749 (E.D. Mich.).

• In re Applied Micro Circuits Corp., Inc. Derivative Litigation, Lead Case No. CV 06-04269 JW (N.D. Cal.).

• In re Atmel Corp. Derivative Litigation, Master File No. 06-4592 JF (HRL) (N.D. Cal.).

• In re Monster Worldwide, Inc. Stock Option Derivative Litigation, Master File No. 06cv4622 (S.D.N.Y.).

• In re Novellus Systems, Inc. Derivative Litigation, Master File No. C 06- 03514 RMW (N.D. Cal.).

• In re Verisign, Inc. Derivative Litigation, Master File No. C-06-4165-PJH (N.D. Cal.).

• In re Western Digital Corp. Derivative Litigation, Master File No. SACV 06-729-AG (RNBx) (C.D. Cal.).

• Teitelbaum v. Cohen, No. 2833-VCS (Del. Ch.) (L-3 Communications Holdings, Inc. Derivative action).

9 -IALDENSTEIN .BR FREEMAN & HERZ LLP OVERTIME AND COMPENSATION CLASS ACTIONS

Wolf Haldenstein is a leader in the field of class action litigation on behalf of employees who have not been paid overtime or other compensation they are entitled to receive, or have had improper deductions taken from their compensation. These claims for violations of the federal Fair Labor Standards Act and state labor laws, allege improper failure to pay overtime and other wages, and improper deductions from compensation for various company expenses. Wolf Haldenstein is currently lead or co-lead counsel, or other similar lead role, in some of the most significant overtime class actions pending in the United States, including those listed below:

• Lavoice v. Citigroup Global Markets, Inc., 06-0756 (S.D.N.Y.)

• Basile v. A.G. Edwards, Inc., o6-cv-0833 (N.D.N.Y)

• Rosenthal v. A.G. Edwards & Sons, Inc., 06-3995 (D.N.J.)

• Palumbo v. Merrill Lynch, 06-2104 (E.D.N.Y.)

• Garrison v. Merrill Lynch, 06-3553 (D.N.J.)

• Roles v. Morgan Stanley, 05-7889 (E.D.N.Y.)

• Lenihan v. Morgan Stanley, 06-00794 (D. Conn.)

• Klein v. Ryan Beck, 06-03460 (S.D.N.Y.)

• Badain v. Wachovia, 06-06321 (W.D.N.Y.)

• Garcia v. Lowe's Home Centers, Inc., Case No. GIC 841120 (S.D. Supr.)

• Weinstein v. MetLife, Inc., 06-cv-04444-SI (N.D. Cal.)

In addition to its vast class action practice, the Firm also regularly represents institutional clients such as public funds, investment funds, limited partnerships, and qualified institutional buyers. The Firm has represented institutional clients in non-class federal and state actions concerning a variety of matters, including private placements, disputes with

4AL DENSTEIN 10 .ER FREEMAN & HERZ LLP investment advisors, and disputes with corporate management. Examples of such cases include:

Steed Finance LDC v. Laser Advisers, Inc., 99 Civ. 4222 (PKC)(S.D.N.Y.), a fraud, negligence, breach of contract and breach of fiduciary duty action brought by a hub fund, a related feeder fund and individual investors in the feeder fund against the funds' former investment advisors for mispricing certain securities and derivative instruments in the funds' fixed-income securities portfolio.

Diversified Asset Securitization Holdings I, L.P. v. Enterprise Mortgage Acceptance Co, LLC, et al., 02 Civ. 10228 (SWK) (S.D.N.Y.), a federal and state securities fraud action brought by limited partnerships that pooled the investments of various insurance companies against the issuer and management and controlling shareholder of the issuer, concerning misrepresentations made in connection with a private placement of certificates representing interests in a securitized pool of loans made to franchise operations of car care businesses, gas stations, convenience stores and quick service restaurants.

Gramercy Park Investments v. Airfund International, No. 97-22734B (Mass. Super. Ct.); Gramercy Park Investments v. The Krupp Realty Fund, No. 97-1612 (Mass . Super.Ct.); Geodyne Resources v. Gramercy Park Investments, No. CJ-96-05548 (Dist.Ct.Okla.); Gramercy Park Investments v. Wells Real Estate Fund, No. 97-A-0241-3 (Ga.Super.Ct.); Gramercy Park Investments v. Swift Energy, No. 96-61729 (Dist.Ct.Tex.); and Lexington Family Investments v. Dean Witter, No. 15217-96 (N.Y.Sup. Ct.); actions brought on behalf of institutional investors in state courts throughout the nation demanding inspection of investor lists and other corporate and partnership information.

Madison Partnership Liquidity Investors v. American Cable TVInvestors, 97 Civ. 4950 (JSM) (S.D.N.Y.); and Madison Partnership Liquidity Investors v. PLMEquipment Growth Fund, 98 Civ. 4057 (JSM)(S.D.N.Y.); actions brought on behalf of institutional investors against fund management for improper defensive actions taken in response to investors' acquisitions of large positions in funds.

The Firm has also acted as special counsel to investors' committees in efforts to assert the investors' interests without resort to litigation. For example, the Firm served as Counsel to the Courtyard by Marriott Limited Partners Committee for several years in its dealings with Host Marriott Corporation, and as Special Counsel to the Windsor Park Properties 7 and 8 limited partners to insure the fairness of their liquidation transactions.

4AL DENSTEIN 11 .BR FREEMAN & HERZ LLP THE CLASS ACTION LITIGATION GROUP

The qualifications of the attorneys in the Wolf Haldenstein Litigation Group are set forth below and are followed by descriptions of some of the Firm's attorneys who normally practice outside the Litigation Group who contribute significantly to the class action practice from time to time.

PARTNERS

DANIEL W. KRASNER: admitted: New York; Supreme Court of the United States; U.S. Courts of Appeals for the Second, Third, Fourth, Sixth, Eighth, Ninth, Tenth and Eleventh Circuits; U.S. District Courts for the Southern and Eastern Districts of New York, Central District of Illinois, and Northern District of Michigan. Education: Yeshiva College (B.A. 1962); Yale Law School (LL.B., 1965). Lecturer: Practicing Law Institute; Rutgers Graduate School of Business. Member: the Association of the Bar of the City of New York; Rockland County, New York State and American Bar Associations; Federal Bar Council. Mr. Krasner has lectured frequently before bar groups and has educated groups on securities laws and investors rights. His qualifications have received favorable judicial recognition on many occasions. See, e.g., Shapiro v. Consolidated Edison Co., [1978 Transfer Binder] Fed. Sec. L. Rep. (CCH) ¶ 96,364 at 93,252 (S.D.N.Y. 1978) (in the Court's opinion the reputation, skill and expertise of . . . [Mr.] Krasner, considerably enhanced the probability of obtaining as large a cash settlement as was obtained ); Steiner v. BOC Financial Corp., [1980 Transfer Binder] Fed. Sec. L. Rep. (CCH) ¶ 97,656, at 98,491.4, (S.D.N.Y. 1980) ( This Court has previously recognized the high quality of work of plaintiffs' lead counsel, Mr. Krasner ). The New York Law Journal, August 1, 1983, at p. 5 (referring to Mr. Krasner as one of the top rank plaintiffs' counsel in the securities and class action fields.).

FRED TAYLOR ISQUITH: admitted: New York; District of Columbia; Supreme Court of the United States; U.S. Courts of Appeals for the First, Second, Third, Fourth and Eighth Circuits; U.S. District Courts for the Southern, Eastern and Northern Districts of New York, District of Arizona, District of Colorado, Central District of Illinois, Western District of Michigan and District of Nebraska. Education: Brooklyn College of the City

-IAL DUNSTRIN 12 .BR FREEMAN & HERZ LLP University of New York (B.A., 1968); Columbia University (J.D., 1971). Author, Post Arbitration Remedies, for an Introduction to Securities Arbitration (NYSBA, 1994); A Plaintiff's Lawyer Examines Limited Partnership Roll-ups for Real Estate Exit Strategies (American Conference Institute, 1994); Federal Civil Practice Supplement, Representative Actions, (NYSBA, 2000). Columnist for weekly column From the Courts, for The Class Act, National Association of Securities and Class Action Attorneys. Lecturer, IPO Tie In/Claims Seminar, Professional Liability Underwriter Society; Securities Arbitration New York State Bar Association; Real Estate Exit Strategies, American Conference Institute; Fundamental Strategies in Securities Litigation (NYSBA, CLE Program). He is an arbitrator with the American Arbitration Association and with the Civil Court of the City of New York and a mediator for the ADR Program of the Supreme Court, County of New York, Complex Litigation Panel. Member: The Association of the Bar of the City of New York (Committee on Federal Courts); New York County Lawyers' Association (Former Chair: Business Tort/Consumer Fraud-Tort Law Section); Brooklyn (Member: Committee on Civil Practice Law and Rules, 1983-; Committees on Legislation and Federal Courts, 1984-), New York State (Member: Committee on Legislation, Trial Lawyers Section, 1981- ); Committee on Securities, Commercial and Federal Litigation Section, 1989- ), and American (Member: Sections on: Litigation; International Law; Individual Rights and Responsibilities) Bar Associations; the District of Columbia Bar; and Legislation and Civil Practice Law and Rules Committee of the Brooklyn Bar Association. Mr. Isquith has been Chairman of the Business Tort/Consumer Fraud Committee of the Tort Law Section of the New York State Bar Association and is a member of that association's Committees on Securities Law and Legislation. He has served as a judge for the Moot Court Competition of Columbia University Law School and Fordham University's National Competition. Mr. Isquith served as President of the National Association of Securities and Commercial Law Attorneys in 2003 and 2004. The April 1987 issue of Venture magazine listed Mr. Isquith as among the nation's top securities class action attorneys.

JEFFREY G. SMITH : admitted: New York; California; Supreme Court of the United States; U.S. Courts of Appeals for the Second, Third, Fourth, Fifth, Sixth, Eighth and Ninth Circuits; U.S. Tax Court; U.S. District Courts for the Southern and Eastern Districts of New York, Southern and Central Districts of California and the Districts of Colorado and Nebraska. Education: Vassar College (A.B., cum laude generali, 1974); Woodrow Wilson School of Public and International Affairs, Princeton University (M.P.A., 1977); Yale

-IAL DENSTEIN 13 .BR FREEMAN & HERZ LLP Law School (J.D., 1978). At Yale Law School, Mr. Smith was a teaching assistant for the Trial Practice course and a student supervisor in the Legal Services Organization, a clinical program. Member: The Association of the Bar of the City of New York; New York State and American (Section on Litigation) Bar Associations; State Bar of California (Member: Litigation Section). Mr. Smith has frequently lectured on corporate governance issues to professional groups of Fund trustees and investment advisors as well as to graduate and undergraduate business student groups, and regularly serves as a moot court judge for the A.B.A. and at New York University Law School. Mr. Smith has substantial experience in complex civil litigation, including class and derivative actions, tender offer, merger, and takeover litigation.

FRANCIS M. GREGOREK : admitted: New York; California; U.S. Courts of Appeals for the District of Columbia and Ninth Circuit; U.S. District Courts for the Eastern and Southern Districts of New York, and Central, Southern and Northern Districts of California; Education : University of Virginia (B.A., with high distinction, 1975); New York University (J.D., 1978); Durham University, Durham, England. Phi Beta Kappa; Phi Alpha Theta. Member: State Bar of California; American Bar Association.

MARY JANE FAIT: admitted: New York; Illinois; U.S. District Courts for the Southern and Eastern Districts of New York, and Northern District of Illinois; U.S. Court of Appeals for the Seventh Circuit. Education: St. John's College and University of Illinois (B.A., Economics, 1976); Cornell Law School (J.D., 1979). Member: Chicago Bar Association; Illinois Bar Association; Antitrust Division of the American Bar Association.

PETER C. HARRAR: admitted: New York; U.S. District Courts for the Southern, Eastern and Northern Districts of New York. Education: Princeton University (A.B., with high honors, 1980); Columbia University (J.D., 1984). Phi Beta Kappa. Mr. Harrar has extensive experience in complex securities and commercial litigation on behalf of individual and institutional clients.

LAWRENCE P. KOLKER: admitted: New York; U.S. Courts of Appeals for the Second and Eleventh Circuits; U.S. District Courts for the Southern and Eastern Districts of New York, Western District of Michigan and the District of Colorado. Education : State University of New York at Binghamton (B.A., 1978); Brooklyn Law School (J.D., 1983). Editor, Brooklyn Law Review,

-IAL DENSTEIN 14 .BR FREEMAN & HERZ LLP 1982-1983. Panelist, Early Neutral Evaluator for the Eastern District of New York, 1992-1997. Lecturer, Brooklyn Law School, 1989. Assistant Corporation Counsel, City of New York, 1983-1987. Member: The Association of the Bar of the City of New York; New York State Bar Association. Mr. Kolker has spoken at numerous conferences of the Investment Program Association and the Strategic Research Institute concerning limited partnership tender offers and litigation strategies, and has published articles entitled Litigation Strategies for Limited Partnership Tender Offers (February 1996) and Limited Partnership Five Percent Tender Offers (October 1997) in Standard & Poor's Review of Securities and Commodities Regulation. Mr. Kolker has acted as lead counsel in numerous class and derivative actions asserting the rights of investors since joining Wolf Haldenstein in 1989. Mr. Kolker also counsels investment management firms in transactional and securities matters and represents them in corporate and business litigation.

MARK C. RIFKIN: admitted: New York; Pennsylvania; New Jersey; U.S. Supreme Court; U.S. Courts of Appeals for the Second, Third, Fifth, and D.C. Circuits; U.S. District Courts for the Southern and Eastern Districts of New York, the Eastern and Western Districts of Pennsylvania, the District of New Jersey, the Eastern District of Wisconsin and the Western District of Michigan. Education: Princeton University (A.B., 1982); Villanova University School of Law (J.D. 1985). Contributor, PACKEL & PouLIN, Pennsylvania Evidence (1987). Mr. Rifkin has extensive experience in complex class and derivative actions in securities, ERISA, antitrust, intellectual property, and consumer protection litigation. Mr. Rifkin has extensive trial experience in class and derivative actions, including In re National Media Corp. Derivative Litig., C.A. 90-7574 (E.D.Pa.), Upp v. Mellon Bank, N.A., C.A. No. 91-5229 (E.D.Pa.), where the verdict awarded more than $60 million in damages to the Class (later reversed on appeal, 997 F.2d 1039 (3d Cir. 1993)), and In re AST Research Securities Litigation, No. 94-1370 SVW (C.D. Cal.), as well as a number of commercial matters for individual clients. Mr. Rifkin has lectured before diverse business and professional organizations in the areas of securities and complex litigation and corporate governance, serves as a moot court judge for the A.B.A. and at New York University Law School, and is a frequent guest lecturer to graduate and undergraduate economics and finance students on corporate governance topics.

-IAL DENSTEIN 15 .BR FREEMAN & HERZ LLP MICHAEL JAFFE: admitted: California; New York; U.S. District Courts for the Southern and Eastern Districts of New York. Education : University of California at Berkeley (B.S., with highest distinction, 1982); Hastings College of the Law, University of California (J.D., 1987). Judicial Extern to the Honorable Thelton E. Henderson, Northern District of California, 1986-1987. Member: The Association of the Bar of the City of New York. Languages: French.

BETSY C. MANIFOLD: admitted: Wisconsin; New York; California; U.S. District Courts for the Western District of Wisconsin, Eastern and Southern Districts of New York, and Northern, Central and Southern Districts of California. Education: Elmira College; Middlebury College (B.A., cum laude, 1980); Marquette University (J.D., 1986); New York University. Thomas More Scholar. Recipient, American Jurisprudence Award in Agency. Member: The Association of the Bar of the City of New York. Languages: French.

GREGORY M. NESPOLE: admitted: New York; U.S. District Courts for the Southern and Eastern Districts of New York. Education : Bates College (B.A., 1989); Brooklyn Law School (J.D., 1993). Member: The Association of the Bar of the City of New York; New York State Bar Association. Mr. Nespole's experience includes complex civil and criminal litigation.

DAVID L. WALES: admitted: New York; District of Columbia; United States Court of Appeals for the Second and Fourth Circuits, the United States District Courts for the Southern, Eastern and Western Districts of New York, and the District of Columbia. Education: State University of New York, Albany (B.A., magna cum laude, 1984); Georgetown University Law Center, (J.D., cum laude, 1987); Notes and Comments Editor, Georgetown Journal of Law and Technology. Mr. Wales is a member of the Federal Bar Council and the Federal Courts Committee of the New York County Lawyers Association, and is AV rated by Martindale Hubbell. Mr. Wales is an experienced trial and appellate attorney who specializes in handling complex securities and class action litigation. Mr. Wales was an Assistant United States Attorney for the Southern District of New York (1992-1998), where he specialized in investigating and prosecuting fraud and white collar criminal cases. Mr. Wales has personally tried more than 15 federal jury trials, and his recent trials include: (i) a jury verdict in May 2005 for more than $11 million, including $1 million in punitive damages, in a derivative action against the general partner of a hedge fund; and (ii) a

-AL DENSTEIN 16 .BR FREEMAN & HERZ LLP multi-million dollar settlement with an accounting firm reached during trial of a class action in April 2003. Mr. Wales has been lead or co-lead counsel in numerous securities class actions and derivative actions, including; In re Sepracor Corp. Securities Litigation, C.A. No. 02-12338 (D. Mass.) ($52,500,000 recovery in securities fraud class action); In re Luxottica Group S.p.A. Securities Litigation, CV-01-3285 (E.D.N.Y.) ($18,250,000 recovery in a Williams Act case); In re Marque Partners L.P. Derivative Action, No. 01- 604724 (Sup. Ct., N.Y. Co.) ($11,000,000 jury verdict in a derivative action); In re Jennifer Convertibles Securities Litigation, CV-94-5570 (E.D.N.Y.) ($9,550,000 recovery, part of the recovery obtained in the middle of trial); and In re Curative Health Services Securities Litigation, CV-99-2074 (E.D.N.Y.) ($10,500,000 recovery in a securities fraud action).

DEMET BASAR: admitted: New York; New Jersey; U.S. District Court for the District of New Jersey, Southern District of New York, and Eastern District of Wisconsin. Education: Fairleigh Dickinson University (B.A., summa cum laude, 1984), Phi Omega Epsilon; Rutgers University School of Law (J.D., 1990). Recipient, West's Scholarship Award, Senior Notes and Comments Editor, Rutgers Law Review. Member: The Association of the Bar of the City of New York. Languages: Turkish.

ADAM J. LEVITT: admitted: Illinois; Supreme Court of the United States; U.S. Courts of Appeals for the First and Seventh Circuits; U.S. District Courts for the Northern and Southern Districts of Illinois, Northern District of Indiana, District of Nebraska, and the Northern and Eastern Districts of Texas. Education: Columbia College, Columbia University (A.B., magna cum laude, 1990); Northwestern University School of Law (J.D., 1993). Member: American Law Institute (Members Consultative Groups: Principles of the Law of Aggregate Litigation, the Restatement of the Law (Third) Restitution and Unjust Enrichment, and the Restatement of the Law (Third) Torts: Liability for Economic Loss); Seventh Circuit Contributing Editor, Class Actions & Derivative Suits (ABA); Consulting Participant: Calculation of Securities Litigation Damages (National Association of Public Pension Attorneys, Securities Litigation Damages Calculation Taskforce). Publications: Foreign Investors Serving as Lead Plaintiffs in U.S.-Based Securities Cases, International Practice Section Newsletter (Association of Trial Lawyers of America, Washington, D.C.), Winter 2004 and Spring 2005.; Proposed Rule 225: A Death Warrant for Class Actions in Illinois, 93 Illinois Bar journal 202 (2005); The Big Business Wish List: Proposed Illinois Supreme Court Rule 225 and the Demolition of Consumer

-IAL DENSTEIN 17 .BR FREEMAN & HERZ LLP Rights, The Class Act (The Newsletter of the National Association of Securities and Consumer Law Attorneys), February 25, 2005; and An Illinois Lawyer's Guide to Service of Process in Mexico, 82 Illinois Bar Journal 434 (1994). Mr. Levitt has also testified before the Illinois Supreme Court Rules Committee on class action practice and related issues. Mr. Levitt regularly serves as a moot court judge in the Julius H. Miner Moot Court Competition, Northwestern University School of Law. In recognition of his achievements to date, Mr. Levitt was named one of the 40 Illinois Attorneys Under 40 Years Old to Watch by the Chicago Daily Law Bulletin and the Chicago Lawyer. He is rated AV by Martindale-Hubbell.

Substantially all of Mr. Levitt's practice is focused on complex commercial litigation and class action practice on both the trial and appellate court levels, in federal and state courts nationwide, in the areas of securities, consumer protection, technology, and agricultural law. Since 1993, Mr. Levitt has served as lead counsel, co-lead counsel, or in other leadership positions in numerous class and other complex litigations throughout the United States, including In re StarLink Corn Products Liability Litigation, MDL No. 1403 (N.D. Illinois) (recovered $110 million for U.S. corn farmers who sustained market losses arising from defendants' contamination of the U.S. food corn supply with an improperly bioengineered corn seed product); Court Reporting Services, et al. v. Compaq Computer Corporation, C.A. No. 02 CV 044 (E.D. Texas) (obtained full recovery, valued at not less than $35 million, on behalf of Compaq Presario purchasers with improperly partitioned hard disk drives); and various Internet privacy cases, including Supnick v. Amazon.com, Inc. (W.D. Wash.) and In re DoubleClick, Inc. Privacy Litigation (S.D.N.Y.).

THOMAS H. BURT: admitted: New York; U.S. District Courts for the Southern and Eastern Districts of New York. Education : American University (B.A., 1993); New York University (J.D., 1997). Articles Editor with New York University Review of Law and Social Change.

ROBERT ABRAMS: admitted: New York; U.S. Court of Appeals for the Third Circuit; U.S. District Courts for the Southern and Eastern Districts of New York, Eastern District of Missouri, District of Maryland, and District of Delaware. Education: Haverford College (B.A., 1961); Columbia University

-IAL DENSTEIN 18 .BR FREEMAN & HERZ LLP (Ph.D., 1966), Brooklyn Law School (J.D., 1992). Woodrow Wilson Fellow; International Business Law Fellow. Adjunct Professor, Mediation Clinic, Brooklyn Law School, 1983-1984. Mr. Abrams was formerly a Professor of Political Science at Brooklyn College and the Graduate Center of the City University of New York. Member: New York State Bar Association. Mr. Abrams is the author of books on the theory of collective choice (Columbia University Press) and voting theory (Sage), as well as articles on Soviet politics, game theory and bargaining and negotiations. He has focused his practice on complex securities, ERISA, and consumer actions.

ROBERT B. WEINTRAUB: admitted: New York; Supreme Court of the United States; U.S. Court of Appeals for the Federal and Second Circuits; District of Columbia; U.S. District Courts for the Southern and Eastern Districts of New York. Education: Syracuse University (B.A., cum laude, 1972); Georgetown University Law Center (J.D., 1977). Member: 1975-1977, Articles Editor and Member: Executive Board, 1976-1977, Law and Policy in International Business, Georgetown International Law Journal. Assistant Editor, Competition Working Group, The OECD Guidelines for Multinational Enterprises: A Business Appraisal, 1977. Author, Law Backs Women Warriors, National Law Journal, June 7, 1993. Co-contributor: Chapter 7, The Celler-Kefauver Act of 1950, 4 Legislative History of the Federal Antitrust Laws and Related Statutes, edited by E. Kintner, Chelsea House Publishers, 1980. Mediator, U.S. District Court, Southern District of New York. Member: The Association of the Bar of the City of New York (Member: Committee on Securities Regulation; Council on International Affairs; Chair, 1991-1994 and Member: 1987-1990, Committee on Military Affairs and Justice; International Arms Control and Security Affairs, 1990-1991); and American Bar Association. He has counseled corporations on contract negotiation and antitrust matters, and provided antitrust advice on mergers to the arbitrage department of a major brokerage house. He has served as an arbitrator for the NYSE, the NASD and the Municipal Securities Rulemaking Board and as a mediator for the federal District Court in New York. Mr. Weintraub also previously served as Senior Vice President and General Counsel of a broker-dealer investment bank which is a member of the NYSE, the NASD and other principal exchanges. Mr. Weintraub has particular experience in litigation involving investment firms and broker-dealers.

-IAL DENSTEIN 19 .BR FREEMAN & HERZ LLP THEODORE B. BELL: admitted: Michigan; Illinois; 7th Circuit Court of Appeals; United States District Courts for the Northern, Central and Southern Districts of Illinois. Education: University of Michigan (B.A., 1988); University of Detroit Mercy School of Law (J.D., 1992).

RACHELE R. RICKERT: admitted: California; U.S. District Court for the Southern District of California. Education : Point Loma Nazarene College (B.A., 1994); University of California, Hastings College of the Law (J.D., 1997). Member: State Bar of California. Former Deputy Alternate Public Defender for the County of San Diego.

SCOTT J. FARRELL: admitted: New York; New Jersey; U.S. District Courts for the Southern and Eastern Districts of New York, the District of New Jersey, and the District of Colorado. Education: Yeshiva University (B.A., magna cum laude, 1996), where he was a Max Stern Scholar and Gruss Scholar; New York University School of Law (J.D., 1999), where he was an Article and Note Editor of the Journal of Legislation and Public Policy. He is the co-author of In re Gary Glass and Zoltan Guttman, CFTC Docket No. 93-4, Futures & Derivatives Law Report, July/August, 1998.

KATE MCGUIRE : admitted: New York; U.S. District Courts for the Southern and Eastern Districts of New York. Education: University of California at Santa Cruz (B.A. 1995), Georgetown University Law Center (J.D., 1998); Member: Georgetown Immigration Law Journal.

GUSTAVO BRUCKNER: admitted: New York; New Jersey; United States District Courts for the Districts of New Jersey, Eastern District of New York, and the Southern District of New York; the United States Court of Appeals for Second Circuit and the Supreme Court of the United States. Education: New York University (B.S., 1988); New York University (M.B.A. 1989); Benjamin N. Cardozo School of Law, Yeshiva University (J.D., 1992).

STACEY T. KELLY: admitted: New York; New Jersey; U.S. District Courts for the Southern and Eastern Districts of New York. Education: New York University (B.A., 1997); Rutgers School of Law - Newark (J.D., 2000).

-IAL DENSTEIN 20 .BR FREEMAN & HERZ LLP Member: New York State Bar Association; New York County Lawyers Association

PAULETTE S. FOX: admitted: New York; New Jersey U.S. District Courts for the Southern and Eastern Districts of New York. Education: Benjamin N. Cardozo School of Law (J.D. 2001); Syracuse University (B.A. in Public Policy, summa cum laude, Phi Beta Kappa, 1998).

MATTHEW GUINEY: admitted: New York. Education : The College of William & Mary (B.A. in Government and Economics 1998); Georgetown University Law Center (J.D. 2002).

MARTIN RESTITUYO: admitted: New York. Education: Queens College (B.A., 1998); Hofstra University School of Law (J.D. 2002); Hofstra University, Frank G. Zarb School of Business (M.B.A., Finance, 2005). Mr. Restituyo did postgraduate work at the Universidad Autonoma de Santo Domingo, Santo Domingo, in the Dominican Republic, and studied at Faculte de Droit de l'Universite de Nice, in Nice, France. Mr. Restituyo was the Assistant Town Attorney for North Hempstead, New York (2004-2006), an Adjunct Professor at John Jay College of Criminal Justice (2005), and was in the Nassau County Department of Economic Development (2002-2004). In 2003, he was awarded the Distinguished Alumni Award from Hofstra University's Clinical Program. He is a member of the Nassau County Bar Association, the Women's Bar Association, the Hispanic Bar Association, the Dominican Bar Association and Hofstra University School of Law, Alumni Board.

MARISA C. LIVESAY: admitted: California; U.S. Court of Appeals for the Ninth Circuit; U.S. District Courts for the Central, Southern and Northern Districts of California . Education: University of Arizona (B.A. 1999, Dean's List with Distinction), where she served on the Associated Student Senate; University of California, Los Angeles (J.D. 2002, Corporate Specialization), where she was a member of the Moot Court Executive Board and staff member of the journal of International Law and Foreign Affairs. Member: State Bar of California.

IONA M. EVANS: admitted: New York. Education: University of New Hampshire (B.A., 1999); Boston University School of Law (J.D., 2004), where she served as Staff Writer and Business Editor on the International Law journal.

-IAL DENSTEIN 21 .BR FREEMAN & HERZ LLP GEORGE T. PETERS: admitted: New York, U. S. District Courts for the Southern & Eastern Districts of New York. Education: Eastern Illinois University, B.A. 1991; attended Howard University School of Law and fulfilled remaining law studies at Wolf Haldenstein Adler Freeman and Herz LLP. Member of the New York State Bar Association.

ALEXANDRA SILVERBERG : admitted: New York. Education: Brandeis University (B.A. in Politics and concentration in Film Studies); Brooklyn Law School, (J.D. 2004). Member: New York County Lawyer' s Association.

RACHEL S. POPLOCK: admitted: New York, U.S. District Courts for the Southern & Eastern Districts of New York. Education: Cornell University (B.S. Human Development, 2002), Fordham Law School (J.D. 2005) where she was a member of the Fordham Urban Law Journal and received the Archibald R. Murray Public Service Award for her participation in the Family Advocacy Clinic.

LAURENCE J. HASSON: admitted: New York, U.S. District Courts for the Southern & Eastern Districts of New York. Education: Brandeis University (B.A. History and American Studies, magna cum laude, Phi Beta Kappa and Phi Alpha Theta honors, 2003); Benjamin N. Cardozo School of Law (J.D. 2006) where Mr. Hasson was an Heyman Scholar at the Samuel and Ronnie Heyman Center on Corporate Governance, a Memorandum of Law Editor, and an executive board member of the Moot Court Honor Society; Oxford University (Seminar on comparative corporate governance, Summer 2005). Prior to joining the firm, Mr. Hasson interned at Cardozo's Bet Tzedek Legal Services Clinic, representing elderly and disabled people seeking health, disability, and housing benefits that they could not receive without clinical assistance.

THEIR NON-LITIGATION EXPERTISE TO CLASS ACTION LITIGATION MATTERS

CHARLES H. BALLER: admitted : New York. Education : New York University (B.S., magna cum laude, 1954); Columbia University (LL.B., 1957); New York University (L.L.M., Taxation, 1962). Beta Gamma Sigma; Beta Alpha Psi. Harlan Fiske Stone Scholar. Co-Editor and Contributing Author, April, 1981, with 1986 Supplement, Business Acquisitions, Practicing Law

-IALDENSTEIN 22 .ER FREEMAN & HERZ LLP Institute. Member: The Association of the Bar of the City of New York; New York State and American Bar Associations. Mr. Bailer has worked in the office of Chief Counsel, Internal Revenue Service (Interpretative Division). A lecturer and author for the Practicing Law Institute (co-editor of the reference work Business Acquisitions: Planning and Practice), Mr. Bailer is a corporate and tax attorney with extensive expertise in mergers and acquisitions, complex estate planning (particularly relating to corporate and business holdings), and employee benefits and compensation, including ERISA.

ERIC B. LEVINE: admitted: New York; U.S. Courts of Appeals for the Second and Eleventh Circuits; U.S. District Courts for the Southern and Eastern Districts of New York, and Eastern District of Michigan; U.S. Tax Court. Education: State University of New York at Buffalo (B.A., summa cum laude, 1974); University of Pennsylvania (J.D., cum laude, 1977). Order of the Coif, Phi Beta Kappa. Associate Editor, University of Pennsylvania Law Review, 1976-1977. Member: The Association of the Bar of the City of New York; New York State Bar Association. Mr. Levine's practice focuses on complex commercial and civil litigation, including in the area of bankruptcy and receivership litigation, creditors' rights, and lender liability.

MARK C. SILVERSTEIN: admitted: New York. Education: State University of New York at Binghamton (B.S., summa cum laude, 1980); New York University (J.D., cum laude, 1983). Order of the Coif. Editor, Journal of International Law and Politics, 1982-1983. Member: the Association of the Bar of the City of New York; New York State; American Bar Associations. Mr. Silverstein serves as general counsel to corporations and handles matters involving tax planning and mergers and acquisitions. He also provides counseling in the structure of complex settlements and the administration of complex claims administrations.

ELI D. GREENBERG : admitted : New York. Education : New York University (B.S., magna cum laude, 1981. New York University (J.D., 1984). Beta Gamma Sigma. Lecturer, New York University. Member: American Health Lawyers Association. Mr. Greenberg has extensive experience in pension, tax, benefits, and ERISA.

-IAL DENSTEIN 23 .BR FREEMAN & HERZ LLP SUBSTANTIAL RECOVERIES OBTAINED IN REPRESENTATIVE PAST CLASS ACTION CASES IN WHICH WOLF HALDENSTEIN .._- I - _^ ..^.._.._^. -_ .. _- ._.^....^_ -.- r-%_.

• In re BankAmerica Corp. Securities Litigation, MDL Docket No. 1264 (JFN) (E.D. Mo.) (class recovered $490 million).

• In re Dynamic Random Access Memory Antitrust Litigation, (MD-02 1486 (N.D. Cal.) (class recovered $325 million).

• In re MicroStrategy, Inc. Securities Litigation, Civ. No. 00-473-A (E.D. Va.) (class recovered $160 million in cash and securities).

• Kurzweil v. Philip Morris Cos., 94 Civ. 2373, 94 Civ. 2546 (S.D.N.Y.) (securities fraud) (class recovered $116.5 million in cash).

• In re Starlink Corn Products Liability Litigation, (N.D. Ill.) (class recovered $110 million).

• In Computer Associates 2002 Class Action Sec. Litigation, 2:02-CV-1226 (E.D.N.Y.) ($ 130 million settlement in this and two related actions).

• In re Sepracor Inc. Securities Litigation, Civ. No. 02-12338 (MEL) (D. Mass.) (classes recovered $52.5 million).

• In re Merrill Lynch & Co., Inc. Global Technology Fund Securities Litigation, 02 CV 7854 (JFK) (SDNY); and In re Merrill Lynch & Co., Inc. Focus Twenty Fund Securities Litigation, 02 CV 10221 (JFK) (SDNY) (class recovered $39 million in combined cases).

• In re CNL Hotels & Resorts, Inc. Securities Litigation, No. 6:04-cv-1231 (Orl-3 1) (class recovered $35 million, and lawsuit also instrumental in $225 million benefit to corporation).

• Berger v. Compaq Computer Corp., Docket No. 98-1148 (S.D. Tex.) (class recovered $29 million).

• In re Arakis Energy Corporation Securities Litigation, 95 CV 3431 (E.D.N.Y.) (class recovered $24 million in cash).

• In re E. W. Blanche Holdings, Inc. Securities Litigation , Civ. No. 01-258 (D. Minn.) (class recovered $20 million).

• In re Globalstar Securities Litigation, Case No. 01-CV- 1748 (SHS) (S.D.N.Y.) (class recovered $20 million).

-IAL DUNSTRIN 24 .BR FREEMAN & HERZ LLP • In re Luxottica Group S.p.A. Securities Litigation, No. CV 01-3285 (E.D.N.Y) (class recovered $18.25 million).

• In re Musicmaker. com Securities Litigation, CV-00-2018 (C.D. Cal.) (class recovered $13.75 million).

• In re Comdisco Securities Litigation, No. 01 C 2110 (MIS) (N.D. Ill.) (class recovered $13.75 million).

• In re Acclaim Entertainment, Inc., Securities Litigation, C.A. No. 03-CV- 1270 (E.D.N.Y.) (class recovered $13.65 million).

• In re Concord EFS, Inc. Securities Litigation, No. 02-2097 (MA) (W.D. Tenn) (class recovered $13.25 million).

• In re Bausch & Lomb, Inc. Securities Litigation, 01 Civ. 6190 (CJS) (W.D.N.Y.) (class recovered $12.5 million).

• In re Allaire Corp. Securities Litigation, 00-11972 (D. Mass.) (class recovered $12 million).

• Bamboo Partners LLC v. Robert Mondavi Corp., No. 26-27170 (Cal. Sup. Ct.) (class recovered $10.8 million).

• Curative Health Services Securities Litigation, 99-2074 (E.D.N.Y.) (class recovered $10.5 million).

• City Partnership Co. v. Jones Intercable, 99 WM-1051 (D. Colo.) (class recovered $ 10.5 million).

• In re Tenfold Corporation Securities Litigation, 2:00-CV-652 (D. Utah) (class recovered $5.9 million).

• In re Realogy Corp. Shareholder Litigation, No. 2621-N (Del. Ch.).

• In re Industrial Gas Antitrust Litigation, 80 C 3479 and related cases (N.D. Ill.) (class recovered $50 million in cash and coupons).

• In re Chor-Alkalai and Caustic Soda Antitrust Litigation, 86-5428 and related cases (E.D. Pa.) (class recovered $55 million).

• In re Infant Formula Antitrust Litigation, MDL No. 878 (N.D. Fla.) (class recovered $ 126 million).

• In re Brand Name Prescription Drug Antitrust Litigation, M.D.L. 940 (N.D. Ill.) (class recovered $715 million).

-IAL DENSTEIN 25 .BR FREEMAN & HERZ LLP • Landon v. Freel, M.D.L. No. 592 (S.D. Tex.) (class recovered $12 million).

• Holloway v. Peat, Marwick, Mitchell & Co., No. 84 C 814 EU (N.D. Okla.) (class recovered $38 million).

• In re The Chubb Corp. Drought Insurance Litigation, C-1-88-644 (S.D. Ohio) (class recovered $100 million.).

• Wong v. Megafoods, Civ-94-1702 (D. Ariz.) (securities fraud) (class recovered $12.25 million).

• In re Del Val Financial Corp. Securities Litigation, 92 Civ 4854 (S.D.N.Y.) (class recovered $ 11.5 million).

• In re Home Shopping Network Shareholders Litigation, Consolidated Civil Action No. 12868, (Del. Ch. 1995) (class recovered $13 million).

• In re Paine Webber Limited Partnerships Litigation, 94 Civ 8547 (S.D.N.Y.) (class recovered $200 million).

• In re Bristol-Meyers Squibb Co. Securities Litigation, 92 Civ 4007 (S.D.N.Y.) (class recovered $19 million).

• In re Spectrum Information Technologies Securities Litigation, CV 93-2245 (E.D.N.Y.) (class recovered $13 million).

• In re Chase Manhattan Securities Litigation, 90 Civ. 6092 (LJF) (S.D.N.Y.) (class recovered $17.5 million).

• Prostic v. Xerox Corp., No. B-90-113 (EBB) (D. Conn.) (class recovered $9 million).

• Steiner v. Hercules, Civil Action No. 90-442-RRM (D. Del.) (class recovered $18 million).

• In re Ambase Securities Litigation, 90 Civ 2011 (S.D.N.Y.) (class recovered $14.6 million).

• Steiner v. Phillips (In re Southmark Securities Litigation), CA No. 3-89- 1402-D (N.D. Tex.) (class recovered $70 million).

• Steiner v. Ideal Basic Industries, Inc., No. 86-M 456 (D. Colo. 1989) (securities fraud) (class recovered $ 18 million).

• Tucson Electric Power Derivative Litigation, 2:89 Civ. 01274 TUC. ACM (corporation recovered $30 million).

-IAL DENSTEIN 26 .BR FREEMAN & HERZ LLP • Alleco Stockholders Litigation, (Md.Cir.Ct. Pr. Georges County) (class recovered $16 million).

• In re Revlon Group, Inc. Shareholders Litigation, No. 8362 (Del. Ch.) (class recovered $30 million).

• In re Taft Broadcasting Company Shareholders Litigation, No. 8897 (Del. Ch.) (class recovered $20 million).

• In re Southland Corp. Securities Litigation, No. 87-8834-K (N.D.Tex.) (class recovered $20 million).

• In re Crocker Bank Securities Litigation, CA No. 7405 (Del. Ch.) (class recovered $30 million).

• In re Warner Communications Securities Litigation, No. 82 Civ. 8288 (JFK) (S.D.N.Y.) (class recovered $17.5 million).

• Joseph v. Shell Oil, CA No. 7450 (Del. Ch.) (securities fraud) (class recovered $200 million).

• In re Flight Transportation Corp. Securities Litigation, Master Docket No. 4-82-874, MDL No. 517 (D. Minn.) (class recovered $50 million.).

• In re Whittaker Corporation Securities Litigation, CA000817 (Cal. Super. Ct., Los Angeles County) (class recovered $18 million).

• Naevus International, Inc. v. AT&T Corp., C.A. No. 602191 /99 (N.Y. Sup. Ct.) (consumer fraud) (class recovered $40 million).

• Sewell v. Sprint PCS Limited Partnership, C.A. No. 97-188027/CC 3879 (Cir. Ct. for Baltimore City) (consumer fraud) (class recovered $45.2 million).

REPRESENTATIVE REPORTED OPINIONS SINCE 1 990 IN WHICH WOLF HALDENSTEIN WAS LEAD COUNSEL OR HAD ANOTHER SIGNIFICANT ROLE

FEDERAL APPEALS COURT OPINIONS

• Harzewski v. Guidant Corp., 489 F.3d 799 (7th Cir. 2007).

• In re Pharmatrak, Inc. Privacy Litig., 2003 U.S. App. LEXIS 8758 (1st Cir. May 9, 2003).

• Berger v. Compaq Computer Corp., 257 F.3d 475 (2001), clarified, 279 F.3d 313 (5th Cir. 2002).

-IALDENSTEIN 27 .ER FREEMAN & HERZ LLP • In re Bankamerica Corp. Securities Litigation, 263 F.3d 795 (8th Cir. 2001).

• Wright v. Ernst & Young LLP, 152 F.3d 169 (2d Cir. 1998).

• Romine v. Compuserve Corp., 160 F.3d 337 (6th Cir. 1998).

• Felzen v. Andreas, 134 F.3d 873 (7th Cir. 1998).

• Brown v. Radica Games (In re Radica Games Securities Litigation), No. 96- 17274, 1997 U.S. App. LEXIS 32775 (9th Cir. Nov. 14, 1997).

• Robbins v. KogerProperties, 116 F.3d 1441 (11th Cir. 1997).

• In re Painewebber Inc. Limited Partnerships Litigation, 94 F.3d 49 (2d Cir. 1996).

• Glassman v. Computervision Corp., 90 F.3d 617 (1st Cir. 1996).

• Alpern v. Utilicorp United, Inc., 84 F.3d 1525 (8th Cir. 1996).

• Shaw v. Digital Equipment Corp., 82 F.3d 1194 (1st Cir. 1996).

• Riley v. Simmons, 45 F.3d 764 (3d Cir. 1995).

• Stepak v. Addison, 20 F.3d 398 (11th Cir. 1994).

• County ofSuffolk v. Long Island Lighting Co., 907 F .2d 1295 (2d Cir. 1990).

• In re Tyson Foods, Inc., Consolidated Shareholder Litigation, 919 A. 2d 563 (Del. Ch. 2007).

• Jeffries v. Pension Trust Fund, 99 Civ. 4174 (LMM), 2007 U. S. Dist. LEXIS 61454 (S.D.N.Y. Aug. 20, 2007).

• Klein v. Ryan Beck, 06-Civ. 3460 (WCC), 2007 U.S. Dist. LEXIS 51465 (S.D.N.Y. July 13, 2007).

• Cannon v. MBNA Corp. No. 05-429 GMS, 2007 U. S. Dist. LEXIS 48901 (D. Del. 2007).

• In re Aquila ERISA Litig., 237 F.R.D. (202) (W.D. Mo. 2006).

• In re Sepracor Inc. Securities Litigation, 233 F.R.D. 52 (D. Mass. 2005).

-IAL DENSTEIN 28 .BR FREEMAN & HERZ LLP • In re Transkaryotic Therapies, Inc. Securities Litigation, No. 03-10165, 2005 U.S. Dist. LEXIS 29656 (D. Mass. Nov. 28, 2005).

• In re Luxottica Group, S.p.A. Securities Litigation, 2005 U. S. Dist. LEXIS 9071 (E.D.N.Y. May 12, 2005).

• In re CNL Hotels & Resorts, Inc. Securities Litigation, 2005 U.S. Dist. LEXIS 38876, No. 6:04-cv-1231-Orl-31KRS (M.D. Fla. May 9, 2005).

• Johnson v. Aegon USA, Inc., 1:01-CV-2617 (N.D. Ga. Sept. 20, 2004).

• Freeland v. Iridium World Communications, Ltd., 99-1002 (D.D.C. Aug. 31, 2004).

• In re Acclaim Entertainment, Inc. Securities Litigation, 03-CV-1270 (E.D.N.Y. June 22, 2004).

• In re Sepracor Inc. Securities Litigation, 308 F. Supp. 2d 20 (D. Mass. 2004).

• In re Concord EFS, Inc. Securities Litigation, No. 02-2697 (W.D. Tenn. Jan. 7, 2004).

• In re Enterprise Mortgage Acceptance Co., LLC, Sec. Litig., 02-Civ. 10288 (SWK) (S.D.N.Y. Nov. 5, 2003).

• In re PerkinElmer, Inc. Securities Litigation, 286 F. Supp. 2d 46 (D. Mass. 2003).

• In re Initial Public Offering Securities Litigation, 241 F. Supp. 2d 281 (S.D.N.Y. 2003).

• In re Comdisco Securities Litigation, No. 01 C 2110, 2003 U.S. Dist. LEXIS 5047 (N.D. Ill. Mar. 31, 2003).

• City Partnership Co. v. Cable TVFund 14-B, 213 F.R.D. 576 (D. Colo. 2002).

• In re Allaire Corporation Securities Litigation, Docket No. 00-11972 - WGY, 2002 U.S. Dist. LEXIS 18143 (D. Mass., Sept. 27, 2002).

• In re StarLink Corn Products Liability Litigation, 212 F.Supp.2d 828 (N.D. 111.2002)

• In re Comdisco Securities Litigation, 166 F.Supp.2d 1260 (N.D. Ill. 2001).

-IAL DENSTEIN 29 .BR FREEMAN & HERZ LLP • In re Crossroads Systems, Inc. Securities Litigation, Master File No. A-00- CA-457 JN, 2001 U.S. Dist. LEXIS 14780 (W.D. Tx. Aug. 15, 2001).

• In re MicroStrategy, Inc. Securities Litigation, 150 F. Supp. 2d 896 (E.D. Va. 2001).

• Lindelow v. Hill, No. 00 C 3727, 2001 U. S. Dist. LEXIS 10301 (N.D. Ill. July 19, 2001).

• In re MicroStrategy, Inc. Securities Litigation, 148 F. Supp. 2d 654 (E.D. Va. 2001).

• Jeffries v. Pension Trust Fund ofthe Pension, Hospitalization & Benefit Plan ofthe Electrical Industry, 172 F. Supp. 2d 389 (S.D.N.Y. 2001).

• Carney v. Cambridge Technology Partners, Inc., 135 F. Supp. 2d 235 (D. Mass . 2001).

• Weltz v. Lee, 199 F.R.D. 129 (S.D.N.Y. 2001).

• Schoers v. Pfizer, Inc., 00 Civ. 6121, 2001 U.S. Dist. LEXIS 511 (S.D.N.Y. Jan. 23, 2001).

• Kurzweil v. Philip Morris Cos., 94 Civ. 2373 (MBM), 2001 U.S. Dist. LEXIS 83 (S.D.N.Y. Jan. 9, 2001).

• Goldberger v. Bear, Stearns & Co., 98 Civ. 8677 (JSM), 2000 U.S. Dist. LEXIS 18714 (S.D.N.Y. Dec. 28, 2000).

• In re Newell Rubbermaid, Inc., Securities Litigation, Case No. 99 C 6853, 2000 U.S. Dist. LEXIS 15190 (N.D. Ill. Oct. 2, 2000).

• Stanley v. Safeskin Corp., Case No. 99 CV 454 BTM (LSP), 2000 U.S. Dist. LEXIS 14100, Fed. Sec. L. Rep. (CCH) P91, 221 (S.D. Cal. Sept. 18, 2000).

• In re MicroStrategy, Inc. Securities Litigation, 115 F. Supp. 2d 620 (E.D. Va. 2000).

• In re USA Talks.com, Inc. Securities Litigation, 2000 U.S. Dist. LEXIS 14823, Fed. Sec. L. Rep. (CCH) P91, 231 (S.D. Cal. Sept. 14, 2000).

• In re Sotheby's Holdings, Inc. Securities Litigation, 00 CIV. 1041 (DLC), 2000 U.S. Dist. LEXIS 12504, Fed. Sec. L. Rep. (CCH) P91, 059 (S.D.N.Y. Aug. 31, 2000).

• Dumont v. Charles Schwab & Co., Inc., Civil Action No. 99-2840 2000 U.S. Dist. LEXIS 10906 (E.D. La. July 21, 2000).

-IAL DENSTEIN 30 .BR FREEMAN & HERZ LLP • Berger v. Compaq Computer Corp., Civil Action No. H-98-1148 , 2000 U.S. Dist. LEXIS 21424 (S.D. Tex. July 17, 2000).

• In re BankAmerica Corp. Securities Litigation, 95 F. Supp. 2d 1044 (E.D. Mo. 2000).

• In re Carnegie International Corp. Securities Litigation, 107 F. Supp. 2d 676 (D. Md. 2000).

• Berger v. Compaq Computer Corp., Civil Action No. H-98-1148,2000 U.S. Dist. LEXIS 21423 (S.D. Tex. Mar. 13, 2000).

• In re Imperial Credit Industries Securities Litigation, CV 98-8842 SVW, 2000 U.S. Dist. LEXIS 2340 (C.D.Cal. Feb. 23, 2000).

• Sturm v. Marriott Marquis Corp., 85 F. Supp. 2d 1356 (N.D. Ga. 2000).

• In re Health Management Systems Securities Litigation, 82 F. Supp. 2d 227 (S.D.N.Y. 2000).

• Dumont v. Charles Schwab & Co., Inc., Civil Action No. 99-2840, 2000 U.S. Dist. LEXIS 619 (E.D. La. Jan. 19, 2000).

• In re MicroStrategy, Inc. Securities Litigation, 110 F. Supp. 2d 427 (E.D. Va. 2000).

• In re BankAmerica Corp. Securities Litigation, 78 F. Supp. 2d 976 (E.D. Mo. 1999).

• Kurzweil v. Philip Morris Cos., 94 Civ. 2373 (MBM), 1999 U.S. Dist. LEXIS 18378 (S.D.N.Y. Nov. 24, 1999).

• In re Nanophase Technologies Corp. Litigation, 98 C 3450, 1999 U.S. Dist. LEXIS 16171 (N.D. Ill. Sept. 27, 1999).

• In re Clearly Canadian Securities Litigation, File No. C-93-1037-VRW, 1999 U. S. Dist. LEXIS 14273 Cal. Sept. 7, 1999).

• Yuan v. Bayard Drilling Technologies, Inc., 96 F. Supp. 2d 1259 (W.D. Okla. 1999).

• In re Spyglass, Inc. Securities Litigation, No. 99 C 512, 1999 U. S. Dist. LEXIS 11382 (N.D. Ill. July 20, 1999).

• Carley Capital Group v. Deloitte & Touche, L.L.P., 1:97-CV-3183-TWT, 1999 U. S. Dist. LEXIS 11595 (N.D.Ga. June 30, 1999).

-IAL DENSTEIN 31 .BR FREEMAN & HERZ LLP • Carley Capital Group v. Deloitte & Touche, L.L.P., 1:97-CV-3183-TWT, 1999 U. S. Dist. LEXIS 11596 (N.D. Ga. June 30, 1999).

• Blue Cross & Blue Shield ofN.J., Inc. v. Philip Morris, Inc., 98 CV 3287, 1999 U. S. Dist. LEXIS 11363 (E.D.N.Y. June 1 , 1999).

• Carley Capital Group v. Deloitte & Touche, L.L.P., 1:97-CV-3183-TWT, 1999 U.S. Dist. LEXIS 1368, Fed. Sec . L. Rep. (CCH) P90, 429 (N.D. Ga. Jan. 19, 1999).

• Longman v. Food Lion, Inc., 186 F.R.D. 331 (M.D.N.C. 1999).

• Walsingham v. Biocontrol Technology, Inc., 66 F. Supp. 2d 669 (W.D. Pa. 1998).

• Sturm v. Marriott Marquis Corp., 26 F. Supp. 2d 1358 (N.D. Ga. 1998).

• Carley Capital Group v. Deloitte & Touche, L.L.P., 27 F. Supp. 2d 1324 (N.D. Ga. 1998).

• In re MobileMedia Securities Litigation, 28 F.Supp.2d 901 (D.N.J. 1998).

• Weikel v. Tower Semiconductor, Ltd., 183 F.R.D. 377 (D.N.J. 1998).

• In re Health Management Systems Securities Litigation, 97 Civ. 1865 (HB), 1998 U.S. Dist. LEXIS 8061 (S.D.N.Y. May 27, 1998).

• In re Painewebber Ltd. Partnership Litigation, 999 F. Supp. 719 (S.D.N.Y. 1998).

• Carley Capital Group v. Deloitte & Touche, L.L.P., 1:97-cv-3183-TWT, 1998 U. S. Dist. LEXIS 23222 (N.D. Ga. Feb. 10, 1998).

• In re TCW/DWNorth American Government Income Trust Securities Litigation, 95 Civ. 0167 (PKL), 1997 U. S. Dist. LEXIS 18485 (S.D.N.Y. Nov. 20, 1997).

• Wright v. Ernst & Young, LLP, 97 Civ. 2189 (SAS), 1997 U.S. Dist. LEXIS 13630 (S.D.N.Y. Sept. 9, 1997).

• Felzen v. Andreas, No. 95-2279, 1997 U.S. Dist. LEXIS 23646 (C.D. Ill. July 7, 1997).

• Felzen v. Andreas, No. 95-2279, 1997 U.S. Dist. LEXIS 23647 (C.D. Ill. July 7, 1997).

-IAL DENSTEIN 32 .BR FREEMAN & HERZ LLP • A. Ronald Sirna, Jr., P. C. Profit Sharing Plan v. Prudential Securities, Inc., 964 F . Supp. 147 (S .D.N.Y. 1997).

• Kurzweil v. Philip Morris Companies, 94 Civ. 2373 (MBM), 1997 U.S. Dist. LEXIS 4451 (S.D.N.Y. April 8, 1997).

• Bobrow v. Mobilmedia, Inc., Civil Action No. 96-4715,1997 U. S. Dist. LEXIS 23806 (D.N.J. March 31, 1997).

• Kalodner v. Michaels Stores, Inc., 172 F.R.D. 200 (N.D.Tex. 1997).

• In re Painewebber Ltd. Partnerships Litigation, 171 F.R.D. 104 (S.D.N.Y. 1997).

• A. Ronald Sirna, Jr., P. C. Profit Sharing Plan v. Prudential Securities, Inc., 95 Civ. 8422 (LAK), 1997 U. S. Dist. LEXIS 1226 (S.D.N.Y. Feb. 7, 1997).

• Dresner Co. Profit Sharing Plan v. First Fidelity Bank, N.A., 95 Civ. 1924 (MBM), 1996 U.S. Dist. LEXIS 17913 (S.D.N.Y. Dec. 3, 1996).

• Simon v. American Power Conversion Corp., 945 F. Supp. 416 (D.R.I. 1996).

• TIIIndustries, Inc., 96 Civ. 4412 (SAS), 1996 U.S. Dist. LEXIS 14466 (S.D.N.Y. Oct. 1, 1996).

• In re TCW/DWNorth American Government Income Trust Securities Litigation, 941 F. Supp. 326 (S.D.N.Y. Oct. 1, 1996).

• In re Painewebber Ltd. Partnership Litigation, 94 Civ. 8547 (SHS), 1996 U.S. Dist. LEXIS 9195 (S.D.N.Y. June 28, 1996).

• In re Tricord Systems, Inc., Securities Litigation, Civil No. 3-94-746, 1996 U.S. Dist. LEXIS 20943 (D. Minn. April 5, 1996).

• In re Painewebber Limited Partnership Litigation, 94 Civ. 8547 (SHS), 1996 U. S. Dist. LEXIS 1265 (S.D.N.Y . Feb. 6, 1996).

• Zitin v. Turley, [1991 Transfer Binder] Fed. Sec. L. Rep. (CCH) ¶ 96,123 (D. Ariz. June 20, 1994).

In re Southeast Hotel Properties Limited Partnership Investor Litigation, 151 F.R.D. 597 (W.D.N.C. 1993).

• Naevus Int'l v. AT&T Corp., 283 A.D.2d 171, 724 N.Y.S.2d 721 (2001).

-IAL DENSTEIN 33 .BR FREEMAN & HERZ LLP • Paramount Communications, Inc. v. QVC Network, Inc., 637 A.2d 34 (Del. Super. Ct. 1994).

• In re Western National Corp. Shareholders Litigation, Consolidated C.A. No. 15927, 2000 Del. Ch. LEXIS 82 (May 22, 2000).

• In re Cencom Cable Income Partners, L.P. Litigation, C.A. No. 14634, 2000 Del. Ch. LEXIS 90 (May 5, 2000).

• In re Cencom Cable Income Partners, L.P. Litigation, Consolidated C.A. No. 14634, 2000 Del. Ch. LEXIS 10 (Jan. 27, 2000).

• In re Marriott Hotels Properties II Limited Partnership Unitholders Litigation, Consolidated C.A. No. 14961 , 2000 Del. Ch. LEXIS 17 (Jan. 24, 2000).

• Romig v. Jefferson-Pilot Life Insurance Company, 132 N.C. App. 682, 513 S.E.2d 598 (Ct. App. 1999), affd, 351 N.C. 349, 524 S. E.2d 804 (N.C.S. Ct. 2000).

• Wallace v. Wood, 752 A.2d 1175 (Del. Ch. 1999).

• Greenwald v. Batterson, C.A. No. 16475 , 1999 Del. Ch. LEXIS 158 (July 26, 1999).

• Brown v. Perrette, Civil Action No. 13531, 1999 Del. Ch. LEXIS 92 (May 18, 1999).

• In re Cencom Cable Income Partners, L.P. Litigation, C.A. No. 14634, 1997 Del. Ch. LEXIS 146 (Oct. 15, 1997).

• In re Marriott Hotel Properties II Limited Partnership Unitholders Litigation, Consolidated C.A. No. 14961, 1997 Del. Ch. LEXIS 128 (Sept. 17, 1997).

• In re Cheyenne Software Shareholders Litigation, Consolidated C.A. No. 14941, 1996 Del. Ch. LEXIS 142 (Nov. 7, 1996).

• Seinfeld v. Robinson, 246 A.D.2d 291, 676 N.Y. S.2d 579 (N.Y. 1998).

• Werner v. Alexander, 130 N.C. App. 435, 502 S.E.2d 897 (N.C. Ct. App. 1998).

-IAL DENSTEIN 34 .BR FREEMAN & HERZ LLP NON-DISCRIMINATION POLICIES

Wolf Haldenstein does not discriminate or tolerate harassment against any employee or applicant because of race, creed, color, national origin, sex, age, disability, marital status, sexual orientation, or alienage or citizenship status and designs its hiring practices to ensure that minority group members and women are afforded equal employment opportunities without discrimination. The Firm is in compliance with all applicable Federal, State, County, and City equal employment opportunity laws.

Wolf Haldenstein is proud of its long history of support for the rights of, and employment opportunities for, women, the disadvantaged, and minority group persons, including the participation in civil rights and voter registration activities in the South in the early 1960's by partners of the Firm; the part-time employment of disadvantaged youth through various public school programs; the varied pro bono activities performed by many of the Firm's lawyers; the employment of many women and minority group persons in various capacities at the Firm, including at the partner level; the hiring of ex-offenders in supported job training programs; and the use of minority and women-owned businesses to provide services and supplies to the Firm.

VYVL,r r'i % L,UC, IY = I G I IY P%LJL.,C,R rRC, G IV1? IY OC r'7 C,F L. L,L,r, 270 MADISON AVENUE NEW YORK, NY 1001 6 TELEPHONE: 2 1 2-545-4600 TELECOPIER: 21 2-545-4653 wi NW.WHAFH.COM

SYMPHONY TOWERS 55 WEST MONROE STREET 750 B STREET, SUITE 2770 SUITE iii1 SAN DIEGO, CA 92101 CHICAGO, IL 60603 TELE PHONE: 619 - 239-4599 TELEPHONE : 312-984-0000 TELECOPIE R: 619 - 234-4599 TELECOPIER: 312-984-0001

625 NORTH FLAGLER DRIVE WEST PALM BEACH, FL 33401 TELEPHONE : 561-833-1776

WOLF MALDENSTRIN 35 .BR FREEMAN & HERZ LLP 1 THE HONORABLE ROBERT S. LASNIK

6 UNITED STATES DISTRICT COURT 7 WESTERN DISTRICT OF WASHINGTON AT SEATTLE 8 In re JONES SODA COMPANY Master File No. 07-CV- 1366-RSL 9 SECURITIES LITIGATION 10 CLASS ACTION

11 [PROPOSED] ORDER APPOINTING THE This Document Relates To: All Actions JUDAH PLAINTIFFS AS LEAD 12 PLAINTIFFS AND FOR APPOINTMENT OF CO-LEAD COUNSEL 13

14 NOTE ON MOTION CALENDAR: November 23, 2007 15

16 WHEREAS, by their November 5, 2007 Motion, proposed Lead Plaintiffs Assefa K.

17 Judah and Nicholas Monastero (the "Judah Plaintiffs ) moved for appointment as Lead Plaintiffs

18 in the above-captioned Class Action and for approval of the Judah Plaintiffs' selection of Keller

19 Rohrback L.L.P. and Wolf Haldenstein Adler Freeman & Herz LLP as Co-Lead Counsel;

20 WHEREAS, pursuant to Section 21D(a)(3)(B) of the Securities Exchange Act of 1934,

21 15 U.S.C. § 78u-4(a)(3)(B), the Court fords the Judah Plaintiffs are the "most adequate

22 plaintiff[s] ;

23 NOW THEREFORE, based upon the Declaration of Juli E. Farris, the exhibits thereto,

24 and the memorandum of law in support of the Judah Plaintiffs' Motion;

25 IT IS HEREBY ORDERED that 26

LAW OFFICES OF [PROPOSED] ORDER APPOINTING LEAD PLAINTIFFS AND KELLER ROHRBACK L.L.P. CO-LEAD COUNSEL, Page 1 1201 THIRD AVENUE, SUITE 3200 (CASE SEATTLE, WASHINGTON 98101-3052 NO. 07-CV-1366-RSL) TELEPHONE: ( 206) 623-1900 FACSIMILE: ( 206) 623-3384 1 1. The Judah Plaintiffs -- Assefa K. Judah and Nicholas Monastero -- are appointed

2 as Lead Plaintiffs; and

3 2. The Judah Plaintiffs' selection of Keller Rohrback L.L.P. and Wolf Haldenstein

4 Adler Freeman & Herz LLP as Co-Lead Counsel is hereby approved.

5 DATED: 2007 SO ORDERED: 6

7 HONORABLE ROBERT S. LASNIK 8

9 Submitted by:

10 KELLER ROHRBACK L.L.P. 11

12 /s/ Juli E. Farris Lynn Lincoln Sarko, WSBA #16569 13 Juli E. Farris, WSBA #17593 Elizabeth A. Leland, WSBA #23433 14 1201 Third Avenue, Suite 3200 Seattle, WA 98101-3052 15 Telephone: (206) 623-1900 16 Facsimile: (206) 623-3384

17 WOLF HALDENSTEIN ADLER FREEMAN & HERZ LLP 18 Gregory M. Nespole Bruckner 19 Gustavo Malcolm T. Brown 20 270 Madison Avenue New York, NY 10016 21 Telephone: (212) 545-4600 Facsimile: (212) 545-4653 22 [email protected] 23 LAW OFFICES OF BRUCE MURPHY 24 Bruce G. Murphy, Esq. 265 Llwyds Lane 25 Vero Beach, Florida 32963 26 Attorneys for the Judah Plaintiffs

LAW OFFICES OF [PROPOSED] ORDER APPOINTING LEAD PLAINTIFFS AND KELLER ROHRBACK L.L.P. CO-LEAD COUNSEL, Page 2 1201 THIRD AVENUE, SUITE 3200 (CASE SEATTLE, WASHINGTON 98101-3052 NO. 07-CV-1366-RSL) TELEPHONE: ( 206) 623-1900 FACSIMILE: ( 206) 623-3384 1 CERTIFICATE OF SERVICE

2 I hereby certify that on November 5, 2007, a true and correct copy of the foregoing 3 document was served upon all known counsel of record via the court's electronic filing system. 4

23 Christopher P. Seefer COUGHLIN STOIA GELLER RUDMAN & 24 ROBBINS LLP 100 Pine Street 25 Suite 2600 San Francisco, CA 94111 26 Telephone : (415) 288-4545

LAW OFFICES OF [PROPOSED] ORDER APPOINTING LEAD PLAINTIFFS AND KELLER ROHRBACK L .L.P. CO-LEAD COUNSEL, Page 3 1201 THIRD AVENUE , SUITE 3200 (CASE 07-CV-1366-RSL) SEATTLE, WASHINGTON 98101-3052 NO. TELEPHONE : ( 206) 623-1900 FACSIMILE: (206) 623-3384 1 Facsimile: (415) 288-4534 E-mail: [email protected] 2 Counsel for Plaintiff Wardell Benford 3 Case No. 2:07-cv-01378-RSL 4 WOLF HALDENSTEIN ADLER 5 FREEMAN & HERZ LLP Gregory M. Nespole 6 Gustavo Bruckner Malcolm T. Brown 7 270 Madison Avenue 8 New York, NY 10016 Telephone : (212) 545-4600 9 Facsimile : (212) 545-465 [email protected] 10 [email protected] 11 LAW OFFICES OF BRUCE MURPHY 12 Bruce G. Murphy, Esq. 265 Llwyds Lane 13 Vero Beach, Florida 32963 14 Counsel for Plaintiff Lael Banner 15 2:07-cv-01390-RSL Lewis S Kahn 16 KAHN GAUTHIER SWICK LLC 650 POYDRAS STREET 17 SUITE 2150 NEW ORLEANS, LA 70130 18 Telephone : (504) 455-1400 19 E-mail: lewis [email protected]

20 Reed R Kathrein HAGENS BERMAN SOBOL SHAPIRO LLP 21 715 HEARST AVE STE 202 22 BERKELEY, CA 94118 23 Telephone : (510) 725-3000 Facsimile : (415) 288-4534 24 Email: [email protected]

LAW OFFICES OF [PROPOSED] ORDER APPOINTING LEAD PLAINTIFFS AND KELLER ROHRBACK L.L.P. CO-LEAD COUNSEL, Page 4 1201 THIRD AVENUE, SUITE 3200 (CASE SEATTLE, WASHINGTON 98101-3052 NO. 07-CV-1366-RSL) TELEPHONE: ( 206) 623-1900 FACSIMILE: ( 206) 623-3384 1 Steve W. Berman HAGENS BERMAN SOBOL SHAPIRO LLP 2 1301 5TH AVE STE 2900 3 SEATTLE, WA 98101 4 Telephone : (206) 623-7292 E-mail: [email protected] 5 Counsel for Plaintiff Robert Knox 6 2:07-cv-01414-RSL 7 Steve W. Berman 8 HAGENS BERMAN SOBOL SHAPIRO LLP 1301 5TH AVE 9 STE 2900 SEATTLE, WA 98101 10 Telephone : (206) 623-7292 11 E-mail: steve(ahbsslaw.com

23 Jeffrey C Grant AOKI SAKAMOTO GRANT 24 One Convention Place, Suite 1525 701 Pike Street 25 Seattle, WA 98101-1001 Telephone : (206) 624-1900 26 Facsimile: (206) 442-4396

LAW OFFICES OF [PROPOSED] ORDER APPOINTING LEAD PLAINTIFFS AND KELLER ROHRBACK L.L.P. CO-LEAD COUNSEL, Page 5 1201 THIRD AVENUE, SUITE 3200 (CASE SEATTLE, WASHINGTON 98101-3052 NO. 07-CV-1366-RSL) TELEPHONE: ( 206) 623-1900 FACSIMILE: ( 206) 623-3384 1 Email: ieffrevaaoki-sakamoto.com

14 Counsel for Plaintiffs Dan C. Russum, Charles E. Haggas, and Ronald Beck 15 07-cv-1659-RSL

16 LOCKRIDGE GRINDAL NAUEN, P.L.L.P Karen H. Riebel 17 Nathan D. Prosser 100 Washington Avenue S., Suite 2200 18 Minneapolis , MN 55401 19 612-339-6900 (phone); 612-339-0981 (fax)

20 KAPLAN FOX & KILSHEIMER LLP Joel B . Strauss 21 Jeffrey P. Campisi 850 Third Avenue, 14th Floor 22 New York, NY 10022 23 212-687-1980 (phone); 212-687-7114 (fax)

LAW OFFICES OF [PROPOSED] ORDER APPOINTING LEAD PLAINTIFFS AND KELLER ROHRBACK L.L.P. CO-LEAD COUNSEL, Page 6 1201 THIRD AVENUE, SUITE 3200 (CASE SEATTLE, WASHINGTON 98101-3052 NO. 07-CV-1366-RSL) TELEPHONE: ( 206) 623-1900 FACSIMILE : (206) 623-3384 1 Counsel for Defendants All Cases 2 WILSON SONSINI GOODRICH & ROSATI Barry M. Kaplan, WSBA #8661 3 Douglas W. Greene, WSBA #22844 4 Aravind Swaminathan, WSBA #33883 Tenaya M. Scheinman, WSBA #36224 5 701 Fifth Avenue, Suite 5100 Seattle, WA 98104 6 Telephone: (206) 883-2500 Facsimile: (206) 883-2699 7 Email: BKaplan(&,wsgr corn 8 [email protected] [email protected] 9 [email protected]

11 DATED this 5th day of November, 2007.

12 s/ Juli E. Farris Juli E. Farris, WSBA #17593 13 KELLER ROHRBACK L.L.P. 1201 3rd Avenue, Suite 3200 14 Seattle, WA 98101 Tel: (206) 623-1900 15 Fax: (206) 623-3384 16 jfarris @kellerrohrback.com

LAW OFFICES OF [PROPOSED] ORDER APPOINTING LEAD PLAINTIFFS AND KELLER ROHRBACK L.L.P. CO-LEAD COUNSEL, Page 7 1201 THIRD AVENUE, SUITE 3200 (CASE SEATTLE, WASHINGTON 98101-3052 NO. 07-CV-1366-RSL) TELEPHONE : (206) 623-1900 FACSIMILE : (206) 623-3384