Case 1:15-cv-02106-ER Document 249 Filed 02/26/21 Page 1 of 10 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK x MEGAN VILLELLA, Individually and on : Civil Action No. 1:15-cv-02106-ER-GWG Behalf of All Others Similarly Situated, : (Consolidated) : Plaintiff, : CLASS ACTION : vs. : DECLARATION OF AELISH M. BAIG : FILED ON BEHALF OF ROBBINS GELLER CHEMICAL AND MINING COMPANY OF : RUDMAN & DOWD LLP IN SUPPORT OF CHILE INC., et al., : APPLICATION FOR AWARD OF : ATTORNEYS’ FEES AND EXPENSES Defendants. : x 4830-1136-6361.v1 Case 1:15-cv-02106-ER Document 249 Filed 02/26/21 Page 2 of 10 I, AELISH M. BAIG, declare as follows: 1. I am a member of the firm of Robbins Geller Rudman & Dowd LLP (“Robbins Geller” or the “Firm”). I am submitting this declaration in support of my Firm’s application for an award of attorneys’ fees, expenses and charges (“expenses”) in connection with services rendered in the above-entitled action (the “Litigation”). 2. This Firm is counsel of record for Lead Plaintiff The Council of the Borough of South Tyneside Acting in its Capacity as the Administering Authority of the Tyne and Wear Pension Fund, and the Class (“Plaintiff” or “Tyne and Wear Pension Fund”). 3. The information in this declaration regarding the Firm’s time and expenses is taken from time and expense reports and supporting documentation prepared and/or maintained by the Firm in the ordinary course of business. I am the partner who oversaw and/or conducted the day-to- day activities in the Litigation and I reviewed these reports (and backup documentation where necessary or appropriate) in connection with the preparation of this declaration. The purpose of this review was to confirm both the accuracy of the entries on the reports as well as the necessity for, and reasonableness of, the time and expenses committed to the Litigation. As a result of this review, reductions were made to both time and expenses in the exercise of billing judgment. Based on this review and the adjustments made, I believe that the time reflected in the Firm’s lodestar calculation and the expenses for which payment is sought herein are reasonable and were necessary for the effective and efficient prosecution and resolution of the Litigation. In addition, I believe that these expenses are all of a type that would normally be charged to a fee-paying client in the private legal marketplace. 4. After the reductions referred to above, the number of hours spent on the Litigation by the Firm is 19,640.05. A breakdown of the lodestar is provided in the attached Exhibit A. The - 1 - 4830-1136-6361.v1 Case 1:15-cv-02106-ER Document 249 Filed 02/26/21 Page 3 of 10 lodestar amount for attorney/paraprofessional time based on the Firm’s current rates is $10,340,676.25. The hourly rates shown in Exhibit A are the usual and customary rates set by the Firm for each individual. 5. The Firm seeks an award of $1,146,925.56 in expenses and charges in connection with the prosecution of the Litigation. Those expenses and charges are summarized by category in the attached Exhibit B. 6. The following is additional information regarding certain of these expenses: (a) Filing, Witness and Other Fees: $10,722.15. These expenses have been paid to the Court for filing fees, to the U.S. Securities and Exchange Commission (“SEC”) for Freedom of Information Act documents, and to attorney service firms or individuals who either: (i) served process of the complaint or subpoenas; (ii) obtained copies of Court documents; or (iii) delivered courtesy copies to the Court. The vendors who were paid for these services are set forth in the attached Exhibit C. (b) Business Wire: $800.00. This expense was necessary under the Private Securities Litigation Reform Act of 1995’s (“PSLRA”) “early notice” requirements, which provides, among other things, that “[n]ot later than 20 days after the date on which the complaint is filed, the plaintiff or plaintiffs shall cause to be published, in a widely circulated national business-oriented publication or wire service, a notice advising members of the purported plaintiff class – (I) of the pendency of the action, the claims asserted therein, and the purported class period; and (II) that, not later than 60 days after the date on which the notice is published, any member of the purported class may move the court to serve as lead plaintiff of the purported class.” See 15 U.S.C. §78u- 4(a)(3)(A)(i). - 2 - 4830-1136-6361.v1 Case 1:15-cv-02106-ER Document 249 Filed 02/26/21 Page 4 of 10 (c) Transportation, Hotels & Meals: $122,184.50. In connection with the prosecution of this case, the Firm has paid for travel expenses to, among other things, attend court hearings, meet with witnesses, mediators and opposing counsel and take or defend depositions. The date, destination and purpose of each trip is set forth in the attached Exhibit D. (d) Deposition Reporting, Transcripts and Videography: $47,853.50. The vendors who were paid for these services are listed in the attached Exhibit E. (e) Experts/Consultants/Investigators: $751,421.58. (i) Crowninshield Financial Research, Inc. (“Crowninshield”): $422,879.00. Crowninshield provided expert services in connection with Plaintiff’s burden of establishing market efficiency and loss causation and provided expert reports in connection with Plaintiff’s motion for summary judgment papers. Additionally, they performed damages analysis in connection with mediation and assisted Lead Counsel in developing the Plan of Allocation following settlement. (ii) Tasta Group dba Caliber Advisors, Inc.: $188,300.00. Plaintiff used expert Bjorn Steinholt, a CFA and managing director of Caliber Advisors, Inc., with more than 25 years of experience providing capital markets consulting, for financial and economic analysis in connection with establishing market efficiency. Mr. Steinholt provided expert declarations and deposition testimony on allegations related to market efficiency in connection with Plaintiff’s successful motion for class certification and opposition to Defendant’s motions to exclude Mr. Steinholt’s report and testimony. (iii) Civil Action Group, Ltd. (“Civil Action”): $73,053.63. Civil Action provided document translation services throughout the Litigation for key pieces of evidence that - 3 - 4830-1136-6361.v1 Case 1:15-cv-02106-ER Document 249 Filed 02/26/21 Page 5 of 10 were produced only in Spanish. Such evidence was officially translated and in many cases those translations were submitted to the Court in connection with dispositive motion briefing. (iv) Andrés Jana Linetzky: $30,000.00. Mr. Jana is an adjunct professor at the University of Miami and partner at Chilean law firm Bofill Mir & Alvarez who served as an expert on Chilean law in this case. Mr. Jana provided a declaration on discrete issues of Chilean law related to the proper jurisdiction of this case in connection with Plaintiff’s successful opposition to Defendant’s motion to dismiss the action. (v) L.R. Hodges & Associates, Ltd. (“LRH&A”): $24,424.95. Over a six- month period (June through October 2015 and June 2016) in which LRH&A provided investigative services to Robbins Geller, LRH&A expended 120.6 hours for combined fees of $23,647.50, and incurred related expenses of $777.45 for a total of $24,424.95. LRH&A’s research staff expended 20.7 hours to research, identify, and confirm the employment status of prospective witnesses, locating all key targets, as well as maintaining and updating an evolving witness list to support other investigative individuals. This also involved research, retrieval and analysis of relevant documents, including SEC filings, media articles, court filings, as well as other materials related to the case issues. The case manager and interviewing investigators expended a combined 99.9 hours to research, review and analyze materials in preparation for the investigation; contacting and conducting interviews with targeted third-party witnesses; and thereafter, preparing comprehensive interview summaries and other case reports. In addition, these individuals were involved in analyzing key case issues, as well as establishing and executing the joint litigation-investigation plan, and participating in numerous strategy sessions and investigation briefings with Robbins Geller. - 4 - 4830-1136-6361.v1 Case 1:15-cv-02106-ER Document 249 Filed 02/26/21 Page 6 of 10 (vi) Rodrigo Antonio Gomez Segura: $8,604.00. Mr. Gomez Segura is a Chilean attorney who assisted in our on-the-ground investigative efforts in Chile in terms of monitoring criminal prosecutions and hearings of Chemical and Mining Company of Chile Inc. (“SQM”) executives and employees related to the bribery scandal and securing related court documents which were used in drafting Plaintiff’s complaint and throughout the Litigation. (vii) Cal Interpreting & Translations, Inc.: $4,160.00. Cal Interpreting & Translations, Inc. was used to translate depositions to English where the deponent testified in Spanish. (f) Outside Counsel: $99,116.42. (i) Siskinds LLP: $71,451.02. Siskinds LLP is a Canadian law firm that assisted Lead Counsel in seeking and securing, pursuant to letters rogatory filed in a Canadian court, documents from Potash Corporation of Saskatchewan’s successor, Nutrien Inc., and documents and deposition testimony from former Potash CFO Wayne Brownlee, who served on SQM’s Board of Directors until his resignation as a result of SQM’s bribery scandal. In addition to assisting Lead Counsel’s successful pursuit of evidence in Canada via letters rogatory, counsel from Siskinds attended the deposition of Mr. Brownlee in Saskatoon, Saskatchewan, which was conducted under Canadian law and procedures. (ii) McDougall Gauley LLP: $27,665.00.