James M. Baker, Et Al. V. Silicon Storage Technology, Inc., Et Al. 05

Joseph J. Tabacco, Jr . (75484) Julie Bai (227047) 2 BERMAN DeVALERIO PEASE TABACCO BURT & PUCILLO 425 California Street, Suite 2025 San Francisco, California 94104-2205 4 Telephone: (415) 433-3200 Facsimile: (415) 433-6382 Email: jtabacco@bermanesq .com

6 Stanley M. Grossman Marc I. Gross 7 POMERANTZ HAUDEK BLOCK GROSSMAN & GROSS LLP 8 100 Park Avenue, 26' Floor New York, New York 10017-5516 9 Telephone: (212) 661 -1100 Facsimile: (212) 661-8665 10 Email : smgrossman@pomlaw .com Email: migross@pomlaw .com 11 [Names of additional counsel appear on signature page ] 12 Attorneys for Plaintiffs Louisiana School Employees' 13 Retirement System and Louisiana District Attorneys' Retirement System

14 UNITED STATES DISTRICT COURT NORTHER DISTRICT OF CALIFORNIA 15 ------x 16 JAMES M. BAKER, On Behalf of Himself Civil Action No . 05-cv-00295-PJH and All Others Similarly Situated, Honorable Phyllis J. Hamilton 17 Plaintiff, DECLARATION OF JOSEPH J. 18 TABACCO IN SUPPORT OF -vs- LOUISIANA SCHOOL 19 EMPLOYEES' RETIREMENT SILICON STORAGE TECHNOLOGY, SYSTEM AND LOUISIANA 20 INC., JACK LAI, BING YEH, YASUSHI DISTRICT ATTORNEYS' CHIKAGAMI, and ISAO NOJIMA, RETIREMENT SYSTEM'S 21 MOTION T 0 CONSOLIDATE Defendants . RELATED ACTIONS, BE 22 APPOINTED LEAD PLAINTIFFS AND APPROVAL OF LEAD 23 COUNSEL AND LIAISON COUNSEL 24 Location: Courtroom 3 25 Hearing Date : April 27, 2005 Hearing Time : 9:00 a.m 26 x

28 [ OS-cv-00295-PJH ] TABACCO DELL ISO LO UISIANA SCHOOL EMPLOY EES' RETIREMENT SYSTEM AND LOUISIANA DISTRICT ATTORNEYS' RETIREMENT SYSTEM'S MTN TO CONSOLIDATE RELATED ACTIONS, BE APPOINTED LEAD PLNTFS & APPROVAL OF LEAD COUNSEL & LI AISON COUNSEL 1 ------x SOPHIA GROBLER, on behalf of hersel f 2 and all others similarly situated,

3 Plaintiff,

4 -vs- Civil Action Na. 05-cv-00376-PJH Honorable Phyllis J . Hamilton 5 SILICON STORAGE TECHNOLOGY, INC., JACK LAI, BING YEH, YASHUSHI 6 CHIKAGAMI, and ISAO NOJIMA ,

7 Defendants . ------x 8 ROY TALMO, Individually and on Behal f of All Others Similarly Situated, 9 Plaintiff, 10 -vs- Civil Action No . 05-cv-00390-PJH 11 Honorable Phyllis J. Hamilton SILICON STORAGE TECHNOLOGY, 12 INC ., BING YEH, JACK K. LAI, ISAO NOJIlVIA, and YASUSHI CHIKAGAMI , 13 Defendants . 14 ------x GARY HUNT, Individually and On Behal f 15 of All Others Similarly Situated,

16 Plaintiff, 17 -vs- Civil Action Na. 05-cv-00408-PJH Honorable Phyllis J. Hamilton 18 SILICON STORAGE TECHNOLOGY, INC., BING YEH, JACK K. LAI, and 19 YAW-WEN HU,

20 Defendants . ------x 21 PAT A. DICINTIO, Individually and on behalf of all others similarly situated, 22 Plaintiff, 23 -vs- Civil Action No. 05-cv-00708-PJH 24 Honorable Phyllis J. Hamilton SILICON STORAGE TECHNOLOGY, 25 INC ., BING YEH, YAW-WEN HU, and JACK K. LAI, 26 Defendants . 27 ----x

28 [ OS-cv-OQ295-PJH ] TABACCO DECL ISO LOUISIANA SCHOOL EMPLOYEES' RETIR EMENT SYSTEM AND LOUISIANA DI STRICT ATTORNEYS' RETIREMENT SYSTEM'S MTN TO CONSOLIDATE RELATED ACTIONS, BE APPOINTED LEAD PLNTFS & APPROVAL OF LEAD COUNSEL & LIAISON COUNSEL -2- 1 I, Joseph J. Tabacco, Jr . declare as follows :

2 1 . I am a partner in Berman DeValerio Pease Tabacco Burt & Pucillo, proposed

3 liaison counsel for the Louisiana School Employees' Retirement System and Louisiana District

4 Attorneys' Retirement System (the "Louisiana Funds") . I make this declaration in support of the

5 Louisiana School Employees' Retirement System and Louisiana District Attorneys' Retirement

6 System's Motion to Consolidate the Related Actions, Be Appointed Lead Plaintiffs and

7 Approval of Lead Counsel and Liaison Counsel under § 21D(a)(3)(B) of the Securities

8 Exchange Act of 1934.

9 2. Attached hereto as Exhibit A is a true and correct copy of the first Notice of

10 Pendency of this action published on Business Wire pursuant to the PSLRA .

11 3 . Attached hereto as Exhibit B is a true and correct copy of the Louisiana School

1 2 Employees Retirement System's Certification pursuant to 15 U .S .C. § 78u-4(a){2}(A)(I) .

13 4. Attached hereto as Exhibit C is a true and correct copy of the Louisiana District

14 Attorneys' Retirement System's Certification pursuant to 15 U .Q.C. § 78u-4(a)(2)(A)(I) .

15 5 . Attached hereto as Exhibit D is the resume of Pomerantz Haudek Bloc k

16 Grossman & Gross LLP.

17 6. Attached hereto as Exhibit E is the resume of Berman DeValerio Pease Tabacc o 18 Burt& Pucillo .

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

20 22nd day of March, 2005, in San Francisco, California . 21

22 Is/ Joseph J. Tobacco, Jr.

23 Joseph J. Tobacco, Jr. (75484) 24

28 [ 45-cv-00295-P7H ] TABACCO DECL ISO LOUISIANA SC HOOL EMPLOYEES' RETIREMENT SYSTEM AND LOUISIANA DISTRICT ATTORNEYS' RETIREMENT SYSTEM'S MTN TO CONSOLIDATE RELATED ACTIONS, BE APPOINT ED LEAD PLNTFS & APPROVAL OF LEAD COUNSEL & LIAISON COUNSEL -3- EXHIBIT A }

1 of 2 BUS Lerach Coughlin Stoia Geller Rudman & Robbins LLP Files Class Jan 21 2005 8 :55

Action Suit Against Silicon Storage Technology, Inc .

SAN DIEGO--(BUSINESS WIRE)--Jan . 21, 200 5 Lerach Coughlin Stoia Geller Rudman & Robbins LLP ("Lerach Coughlin") (http ://www .lerachlaw .com/cases/siliconstorage/) today announced that a class action has been commenced in the United States District Court for the Northern District of California on behalf of purchasers of Silicon Storage Technology, Inc . ("Silicon Storage") (NASDAQ :SSTI) common stock during the period between March 30, 2004 and December 20, 2004 (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 plaintiff's counsel, William Lerach or Darren Robbins of Lerach Coughlin at 800/449-4900 or 619/231- 1 058, or via e-mail at wsl@lerachlaw .com . 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 .lerachlaw .com/cases/siliconstorage/ . 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 Silicon Storage and certain of its officers and directors with violations of the Securities Exchange Act of 1934 . Silicon Storage is a supplier of flash memory semiconductor devices for the digital consumer, networking, wireless communications and Internet computing markets . The complaint alleges that during the Class Period, defendants issued false and misleading statements regarding the Company's business and prospects . The true facts, which were known by each of the defendants but concealed from the investing public during the Class Period, were as follows : (a) the Company's sales and margins were being materially impacted by Macronix and Intel actively lowering average selling prices ; (b) the Company was not on track to achieve Q4 profitability, but rather losses ; {c} the Company's gross margin projections were overstated by at least 1,000% ; (d) the Company's accounting during the Class Period was false and misleading ; and (e) as a result, the Company's Q4 estimates of revenue of $120-$130 million and income of $0 .10 to $0 .14 per share were grossly inflated and the Company's reported assets were materially overstated . As a result of the defendants' false statements, Silicon Storage's stock traded at inflated prices during the C1ass,Period, increasing to as high as $ 1 7 .32 on April 19, 2004, whereby the Company's top officers and directors sold more than $2 .9 million worth of their own shares . On December 20, 2004, the Company issued a press release announcing that "its revenue in the fourth quarter is expected to be between $102 and $108 million versus previous guidance of $120 to $130

million . Due to current market conditions, the company expects to record an inventory charge of between $20 and $25 million for excess inventory and to write certain products down to their current estimated market values ." On this news, the Company's shares plummeted from $7 .00 to $5 .43 per share . Plaintiff seeks to recover damages on behalf of all purchasers of Silicon Storage common stock during the Class Period (the "Class") . The plaintiff is represented by Lerach Coughlin, which has expertise in prosecuting investor class actions and extensive experience in actions involving financial fraud . Lerach Coughlin, a 140-lawyer firm with offices in San Diego, San Francisco, Los Angeles, New York, Boca Raton, Washington, D .C ., Houston, Philadelphia and Seattle, 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 . Lerach Coughlin lawyers have been responsible for more than $20 billion in aggregate recoveries . The Lerach Coughlin Web site (http ://www .lerachlaw .com) has more information about the firm .

CONTACT : Lerach Coughlin S t oa. a Geller Rudman & Robbins LLP William Lerach, 800-449-49 0 0 wsl@ lerachlaw .com -0- Jan/21/2005 16 :55 GMT

GERTIFICATZON OF PLAIIJTiF'k' PURSUANT TO FEDERAL SECLLR=S LAWS

i, Warren D. Ponder, make this declaration pursuant to Section 21D(a)(2) of the Securities

Exchange Act of 1934 .

1 . 1 have reviewed the Complaint against Silicon Storage Technologies, Inc . ("Silicon

Storage'l and authorize the filing of a comparable Complaint on behalf of the Louisiana School

Employees Retirement System ("School Employees") .

2. School Employees did not purchase Silicon Storage securities at the direction of

plaintiffs' counsel or in order to participate in anyprivate action arising under Title I oftlie Securities

Exchange Act of 1934 .

3. School Employees is willing to serve as a representative party on behalf of a class as

set forth in the Complaint, including providing testimony at deposition and trial, if necessary . I understand that the Court has the authority to select the most adequate lead plaintiff in this actio n and that Pomerantz Haudek Block Grossman & Gross LLp may exercise its discretion i n determining whether to move on my behalf for appo intment as lead plaintiff.

4. During the period from March 30, 2004 through December 20, 2004, Schoo l

Employees purchased shares of Silicon Storage as listed on Exhibit A, hereto .

5. (a) During the three year period preceding the date on which this certification is signed, School Employees has sought to serve as a representative party on behalf of a class under the federal securities laws in the cases listed on Exhibit B, hereto.

(b) During the three year period preceding the date on which this certification i s signed.r School Employees has been appointed lead plaintiff in the cases listed on exhibit C, hereto.

6. School Employees agrees not to accept any payment for serving as a representative MAR 22 '05 1?:33 FR PHHGr TO 141 54336382 P .09/14 1

P" on behalf of the class as set forth in the Complaint, beyond the pro rata sham ofany recovery,

except such reasonable costs and expenses directly relating to the representation of the class a s

ordered or approved by the Court.

I declare under penalty of perjuty that the foregoing is true and correct. Executed in Baton

Rouge, Louisiana on AMAl t 9-9- , 2005. Ll~s Warr . Ponder MAR 22 ' 05 1734 FR PHBQG_1 TO 14~~36382 P . 10/14 J

Exhibit A LOUISIANA SCHOOL EMPLOYEE RET IREMENT TRANSACTION JOURNAL Grouped by #ransac .portblia. transac.tfan type Pdn i DOe : SIA9nCh 'I8, 2OSl5

'MADE SEf7LE COUPON MATUN1llf SEC11ltilY _ C09T ACGRUEO TOTAL REALIZE0 RATE al1iE GOS7P DESCRIPTION RATE DATE eAOXER TYPE QUANTITY PR E PROCEEDS INTEREST AMOUNT CILB!L

BRAN DY BUY 1 11IW04 41159004 8 270,7100 SlLIGON STbRACE 7EC FiNO LOC iY INVEST CohlMaw51' 10.20 7 .425 7km 75 .ee4 111112001 i 1191200 4 02101 1 0Q 91L1CG N STORAGE 7EC14 Nd4.DCsY L1gUEDN1' CO M MON ST 5 ,300 7, 245 38.5 05 30 ,5 05 1 1I2312004 I2W20D4S 27057100 S11101314 5TEbiAO E'iiEG HIigLOGY IdfNFiN .LL COMMON 5t 11 ,00 7. 1 94 a1a Sq 41 .e 54 14 0291206M 711120d8 62705710 0 SILICON 5i WGE TECHNOLOGY lil€RRILLL 0MApH ST 8, 00 7. I 50 99N?9 59,039 I 71 1317ao0 7F 1612009021O5110 0 SILICON 5Ti7RAsE TEIGHt10L00Y cAP1NS7 COMMON ST 3,10e 7.1 e 2 22,35 T Z.2,3 57 1Z114110 119fN1 712004IN85d 104 SILICON S TORAGE TECHNOLOGY CAPIifST CONFIdONST 3+300 7.11 4 2385 ] 23,657 1I/15f2A O4t ?JZ912AU45ti05T 100 sILI GOttSTORAc+E TECHNOLOGY CAP MT COMMON ST 1,4 011 7_i7 8 7.22s 7,2ZD TOM ally 4Z400 '300,519

TOTA I. WAIWY 42z,.4119-oo 348,519 300,6114 SILICON STORAGE TECHNOLOGY INC 0312?J20Ouvk CLASS PERIOD: MAR 30 through DEC 20,20D4 WF3ay ;U Mea n Avg M $4.8040 Purchase Sales Shams Estimated EsUmaled Plaintiff Date Shares Pric e Amount Date Shares price Amount Held Value (Less

4 ) School Employees 11142/204 through 1213512004 42,400 i308,519 42.400 $803 .680 ($104,8

-i 0 I--

cn w U% M N

From Dec 21, 21304 - Mar 18, 2D0.5 damageslsst12 MAR 22 '05 17 :34 FR PHBGn TO 1 a'-54336382 P .13/14 }

Exhibit B

Kornfeld v. Seitel, Inc.

Lerner v. Reliant Resources, Inc.

Green v. CMS Energy Corp.

Kornfeld v. Mirant Corp.

Gaynor v. Fleming Cos., Inc.

Goldfarb v. El Paso Corp.

In re AOL-Time Warner, Inc. Sec. and ERISA Ling.

In re Salomon Anal yst Ling.

In re Merck & Co., inc.

The Albert Fadem Trust v. American Electric Power

In re Old Banc One Shareholders Sec . Litig.

In re Transkaryotic Therapies, Inc. Sec. Litig.

In re Unum Provident Corp. Sea Ling.

In re Northwestern Corp. Sec. Litig.

In re Accredo Health Inc. Sec. l,itig.

Orthodontics Centers of America Sec. Litig.

Mirafinancial Sec . Lifig.

Bestbuy, inc. Sec. Ling.

Silicon Image, Inc. Sec. Litig. MAR 22 '05 17 :34 FR PHBGG TO 141- 3363e2 P .14/14

Exhibit C

Lemer v. Reliant Resources, Inc.

In re Salomon Analyst Litig. EXHIBIT C TO 1,",F54336362 P .02i14 MAR 22 '05 17 :32 FR PHBFr

CER7IF ICATTQN OF PLAINTIFF PURSUIT L SECURITIES i.,AW

L, E, Pete Adams, mak e this declaration pursuant to Section ~ 1 D($)(2) of the Securities

Exchanee Act of 1931 .

I have reviewed the Complaint against Silicon Storage Technologies, Inc, ("Silicon

Storage") and authorize the filing of a G+Zrti,=ioblel'nmplaint awo boisskf .,; rZ-%-.-3zwrw-rrt ruursi,,Lna

District Attorneys' Retirement System ("LDAR5") .

2 . WARS did not purchase Silicon Storage securities at the direction of plaintiffs '

counsel or in order to participate in any private action arising under Title 1 of the Securities Exchang e

nc . Ir u~ 17-1 M .

3 . LDAR5 is willing to serve as a representative party on behalf of a class as set forth in the C4 [11pIajni, including providing testimony at deposition and trial, if necessary . I understand that the Court has the authority co select the most adequate lead plaintiff in this action and that

Pomerantz Haudek Block Grossman & Gross LLP may exercise its discretion in determuning whether to move on my behalf for appointment as lead plaintiff,

4, During the period from march 30, 2004 through Dccem6er 20, 2aa4, I.pAFLS purchased shares of S ilicon Storage as listed an Exhibit A. herein.

5. (a) During the three year period precede the date on which this certification i s signed, LDARS has sought to serve as a representative party on behalf of a class under the federa l securi ties laws in the cases listed on Exhibit B, hereto .

(b) During the three year period preceding the date on which this certification i s signed, LIARS has been appointed lead plaintiff In the cases listed on Exhibit C . hereto.

6. LDAR5 agrees not to accept any payment for serving as a representative party on n TO iQa.543363B2 P .03/1 4 MAR 22 ' 05 17 :32 FR PHBG

behalf of the class as set forth in the Complaint, beyond the pro rats share of any recovery, excep t

such reasonable costs and expenses directly relating ro the representation of the class as ardcred o r

approved by the Court.

I declare under penalty of perjury that the fbregoing is true and correct, Executed in Baton

Rouge, Louisiana on /)?44.&P- 4-21 2005,

etc Adams-&- MRR 22 '05 17 :32 FR P!-[BC-T TO 14+T4336382 P.04/14

Exhibit A SILtCDN FORAGE TECHNOLOGY INC 02l0912005vk N CLASS PERIOD: M AR 3d through DEC 20. 2 44 50-day, Mean Avg $6.1000 Purchase Sales Shams Fallrnalett Estimated PialMiH Date shares Price Amount Date Shares Price Amount Field Value (L, ss) r") LADARS 04101/2004 1,970 $16.3097 $32,130 07/0212004 600 19.0848 $5,439 rf) 04/1312004 3.875 116.4689 $63,817 07/1212007 5 .200 18,1865 642,564 0411412004 5.600 518.7770 $93,961 07/1312004 1,420 18.1777 611,612 0411 5/2004 6.855 . 116.0519 5110,036 07/1412004 3,410 $7.7352 $28,377 0411912004 1 .296 MUM 820.994 07/2 2004 2,130 17.9803 $1%996 0412012004 6,469 t16.0195 $103,630 4712212004 7,300 16.7464 . $49,241 0412112004 836 816.0087 $19433 07 4 8.0.90 18.2153 $1 9,A93 0712312004 3.810 16.1979 $23,614 2 .800 437. i 991 21800 $19406 0 0243,9191

U ch z a

M N

C 1! N [l'

From Dec 21, 2004 - Feb 48, 2005 damapasLssll y rRR 22 '05 17 :33 FR PHBGG ro 1419Za336362 P.06/14 ) 1

Exhibit B

Williams Cos. MAR 22 '05 17: 33 FR PFD TO 14 54336382 P.07/14

Exhibit C

None EXHIBIT I3 POMERANTZ HAUDEK BLOCK GROSSMAN & GROSS LLP

Pomerantz Haudek Block Grossman & Gross LLP ("Pomerantz Firm" or "Firm") is one o f

the nation's foremost specialists in corporate, securities, antitrust and ERISA class litigation . The

Firm was founded by the late Abraham L . Pomerantz, one of the "pioneers who developed the clas s

action derivative action field." New York Law Journal (August 1, 1983) . Mr. Pomerantz rose to

national prominence as a "champion of the small investor" and a "battler against corporate

skullduggery." Robert J. Cole, Class Action Dean, The National Law Journal, Vol . 1 No. 2 at 1

(Sept. 25, 1978) .

For more than 50 years, the Firm has specialized in representing victims of securities frauds ,

breaches of fiduciary duty, corporate mismanagement, and price fixing conspiracies, as it continues

the proud tradition established by Mr . Pomerantz . The Firm also has thriving ERISA, healthcare an d

consumer litigation practices and has set important precedents in these areas. The Firm is led by

senior partner Stanley M . Grossman, a nationally prominent litigation practitioner .

Courts have consistently acknowledged the ability of the Pomerantz Firm to vigorousl y pursue the claims of class members . In granting the fee request in In re Salomon Brothers Treasury

Litigation, 91 Civ. 5471 (RPP) (S .D .N.Y. 1994), where the Firm successfully negotiated a $10 0 million settlement for the class in a complex antitrust and securities case, Judge Patterson stated :

I am going to approve the settlement, and I am going to approve the attorneys fees that you have requested with cost .

As I am doing it so summarily, does not mean I have not considered it at length. But it does not need that much consideration because I've observed the conduct of the attorneys involved here . They get the work done, and it was a tough one .

I think that there were a lot of people who thought there was going to be no recovery at all in this case. In approving the $100 million settlement in Snyder v. Nationwide Insurance Co., Index No.

9710633 (N.Y. Supreme Court, Onondaga County), a case where the Pomerantz Firm served as co-

lead counsel, Judge Tormey stated, "It was a pleasure to work with you. This is a good result .

You've got some great attorneys working on it, " (Tr, at 22-23, 12/17/98.)

In Sherleigh Associates Inc. Profit Sharing Plan v. COHR, Inc., No. 98-3028-JSL (BQRx)

(C .D. Cal .), where as co-lead, the Pomerantz Firm helped obtained a substantial settlement, the cour t

stated: "This is a good job . I don't always think all jobs are good . This one is a good job ." (Tr. of

June 12, 2000 settlement hearing at p . 6 .12.). And in In re Wiring Devices Antitrust Litigation, MDL

Docket Na. 331 (E.D.N.Y. Sept. 9, 1980) ($12 million recovery), where the Firm was again lead

counsel, Chief Judge Jack B. Weinstein stated :

Counsel for the plaintiffs I think did an excellent job . . . . They are outstanding and skillful . The litigation was and is extremely complex. They assumed a great deal of responsibility . They recovered a very large amount given the possibility of no recovery here which was in my opinion substantial.

Recently, in DeMarco v. Robertson Stephens, 2005 U.S. Dist. LEXIS (S.D.N.Y. 2005), in

certifying a class in a securities fraud action against analysts, Judge Lynch stated that the Pomerantz

Firm had "ably and zealously represented the interests of the class ." See e.g., Steinberg v.

Nationwide Mutual Insurance Co., 99 CV 7725 (E.D.N.Y. 2004) (Judge Spatt, in granting class certification and appointing the Firm as class counsel, observed : "The Pomerantz firm has a strong reputation as class counsel and has demonstrated its competence to serve as class counsel in thi s motion for class certification ." 2004 U. S . Dist. LEXIS 17669 at *24) ; Mercury Savings and Loan,

CV 90-87 LHM (C .D. Cal . 1995) (Judge McLaughlin commended the Firm for the "absolutel y extraordinary job in this litigation .") ; Boardwalk Marketplace Securities Litigation, MDL No. 71 2

2 (D. Conn .) (Judge Eginton described the Firm's services as "exemplary," praised it for its "usual fine

job of lawyering. . .[in] an extremely complex matter," and concluded that the case was "very well-

handled and managed ." Tr. at 6, 5/20/92 ; Tr. at 10, 10/10/92); Nodar v. Weksel, 84 Civ. 3870

(S.D.N.Y.) (Judge Broderick acknowledged "that the services rendered [by the Pomerantz Firm]

were excellent services from the point of view of the class represented, [and] the result was an

excellent result . . . ." Tr. at 21-22, 12/27/90) ; Klein v. A. G. Becker Paribas, Inc., 83 Civ. 6456

(S .D.N.Y. 1987) (Judge Goettel complimented the Firm for providing "excellent . . .absolutely top-

drawer representation for the class, particularly in light of the vigorous defense offered by th e

defense firm." (Tr. at 22, 3/6/87)); Digital Securities Litigation, 83-3255Y (D. Mass.) (Judge Young

lauded the Firm for its "[v]ery fine lawyering" (Tr . at 13, 9/18/86) ; Shelter Realty Corp. v. Allied

Maintenance Corp., 75 F .R.D. 34, 40 (S.D.N.Y. 1977), appeal dismissed, 574 F.2d 656 (2d Cir.

1978) (where the Pomerantz Firm served as lead counsel, Judge Frankel, referring to class counsel ,

said: "Their experience in handling class actions of this nature is known to the court and certainl y puts to rest any doubt that the absent class members will receive the quality of representation t o which they are entitled."); Rauch v. Bilzerian, 88 Civ . 15624 (Sup . Ct. N .J . 1991) (the Court referred to the partners from the Pomerantz Firm who had tried the case as "exceptionally competen t counsel," and as having provided "top drawer, topflight [representation], certainly as good as I'v e seen in my stay on this court" .); Malin v. IVAX Corp., No. 96-1843-CIV-Moreno, 1996 U.S . Dist .

LEXIS 22452, at 1 1 -12 (S .D. Fla. Nov. 1, 1996) ("The Court notes that [the Pomerantz Firm has ] extensive experience and expertise in the area of securities litigation, more specifically representin g injured investors in securities fraud class actions .").

3 Among the many important reported decisions obtained on behalf of the Pomerantz Firm' s

clients are: Ross v. Bernhard, 396 U.S . 531 (1970); Kronfeldv. TWA, 832 F.2d 726 (2d Cir. 1987);

In re Summit Medical Systems Secs. Litig., 294 F.3d 969, 978 (8th Cir. 2002); Wool v. Tandem, Inc. ,

818 F.2d 1433 (9th Cir. 1987), cert. denied, 108 S.Ct . 1470 (1988); Ross v. Bernhard, 397 U .S. 53 1

(1970); Rosenfeld v. Black, 445 F.2d 1337 (2d Cir. 1971); Moses v. Burgin, 445 F.2d 369 (1st Cir.

1971); Pearlman v. Feldmann, 219 F.2d 1 73 (2d Cir. 1955); DeMarco v. Robertson Stephens, 2005

U.S . Dist. LEXIS 2005 (S.D .N.Y. 2005) ; Salomon Analyst AT&T Litig., 350 F. Supp, 2d 455

(S .D.N.Y . 2004) (GEL) ; DeMarco v. Robertson Stephens, 318 F. Supp. 2d 110 (S.D.N.Y. 2004); In re Green Tree Fin, Corp. Options Litig., No . 97-2679,2002 U.S. Dist. LEXIS 13986 (D . Minn. July

29, 2002); Drolet v. Healthsource, Inc., 968 F. Supp . 757 (D.N.H. 1997); In re Texas International

Company, [198$-89 Decisions] Fed . Sec. L . Rep. (CCH) ¶ 94,125 (W .D. Okla. 1988) ; and Fisher v. Kletz, 266 F. Supp. 180 (S .DN.Y. 1967) .

Moreover, among the class and shareholder derivative actions in which the Pomerantz Firm was lead or co-lead counsel are the following :

In re Charter Communications, Inc. Secs. Litig., M .D.L. Docket No. 1506 (E.D. Mo. 2005) (proposed settlement valued at $146 .25 million; fairness hearing on settlement scheduled for May 2005);

In re Elan Corp. Sec. Litig., No. 02-CV-0865(RMB) (FM) ($75 million proposed settlement) ;

In re Safety-Kleen Corp . Stockholders Litigation, C .A. No. 3 : 00-CV- 736-17 (D.S.C. 2004) ($44 .5 million recovery) ;

In re Summit Metals, Inc . v. Gray, No., 98-2870 (D. Del . 2004) ($43 million judgment and required turnover of the stock of two corporations)

4 In re Livent, Inc. Noteholders Securities Litigation (S.D.N .Y. 2004) ($17 .25 million aggregate settlements; $23 million additional judgment);

In re Green Tree Financial Corp. Options Litigation, Master File No . 97-2679 (D. Minn. 2004) ($12 .45 million recovery, joint fund with In re Green Tree Financial Corp. Stock Litigation);

In re Methionine Antitrust Litigation, Master File No . C-99-349 1 - CRB, MDL No. 1311 (N.D. Cal . 2002) ($107 million recovery) ;

In re Sorbates Direct Purchaser Antitrust Litigation, C98-4886 Cal (N.D. Cal. 2000) (over $82 million recovery) ;

Snyder v. Nationwide Insurance Co ., Index No. 97/06 33 (Supreme Court, N .Y., Onondaga County 1998) ($100 million recovery);

In re First Executive Corporation Securities Litigation, CV-89-7135 DT (Kx) (C.D. Cal . 1994) ($102 million partial recovery) ;

In re Salomon Brothers Treasury Litigation, 91 Civ . 5471 (RPP) (S.D.N.Y. 1994) ($100 million recovery) ;

Mardean Duckworth v. Country Life Insurance Co., No . 98 CH 01046 (C.D . Ill. 2000) ($45 million recovery) ;

In re National Health Laboratories, Inc. Securities, CV-92-1949-H (CM) (S.D. Cal. 1995) ($64 million recovery);

In re Boardwalk Marketplace Securities Litigation, M.D.L. Docket No . 7 1 2 (D . Conn. 1994) (over $66 million benefit) ;

In re Woolworth Corporation Securities Class Action Litigation, 94 Civ. 2217 (RO) (S .D.N.Y. 1997) (recovery of $20 million) ;

Frank v. Paul (CenTrust Savings Bank Securities Litigation), 90- 0084-CIV (S .D. Fla. 1996) ($20 million recovery) ;

Gelfer v. Pegasystems, Inc., No 98-CV-12527-JT (D . Mass . 2000) ($12 .5 million recovery) ;

In re Quorum Securities Litigation, No . : 3 :98-1004 (M.D. Tenn 2002) ($11 .75 million recovery) ;

5 Sherleigh Associates Inc. Profit Sharing Plan v. COHR, Inc:, No. 98- 3028 ]SL (BQRx) (C .D. Cal. 2000) ($12 million recovery) ;

Wallace v. Fox Docket No . 3 :96 - CV - 00772 (PCD) (D. Conn. 1997) (Northeast Utilities Shareholder Derivative Action) ($25 million recovery)

In re Digital Microwave Securities Litigation, (N. D. Ca. 1994) ($19 .2 million recovery) ;

In re Zila Inc. Securities Litigation, No. 99-0155 (D. Ariz. 2002) ($5 .6 million recovery, constituting 54% of damages) ;

In re Copley Pharmaceutical, Inc. Securities Litigation, CV-94- 11897 (WGY) (S .D. Mass. 1995) ($6.3 million recovery) ;

In re National Data Shareholder Litigation, 1 :90-CV-1037 JEC (N.D. Ga. 1994) ($6.95 million recovery) ;

In re Zenith Laboratories Securities Litigation, Master File No . 86- 3241A (DRD) (D .N .J . 1993) ($12 million recovery) ;

In re FHP Securities Litigation, Master File No . SACV 9 1 -580 (RWRx) (C .D. Cal. 1993 ) ($8.25 million recovery);

Hurley v. FDIC, Civil Action No . 88-1940-T (D. Mass . 1992) ($29 million judgment after trial against two former officers of First Service Bank for Savings) ;

In re Ocean Drilling & Exploration Company Shareholders Litiga- tion, Civ. No . 11898 (Del. Ch. 1 491 ) ($38 million cash benefit);

Rauch v. Bilzerian, 88 Civ. 15624 (Sup . Ct. N.J. 1991) ($3 million recovery) ;

Nodar v. Weksel, 84 Civ. 3870, (S.D.N.Y. 1990) ($5 .1 million recovery);

In re Freeport-McMoRan Inc . Shareholders Litigation, Civil Action No. 11667 (Del. Ch. 1990) ($15.4 million recovery) ;

6 In re Telerate, Inc . Shareholders Litigation, Civ. 1115 (Del. Ch. 1989) ($95 million benefit) .

Kronfeld v. TWA, 83 Civ. 8641 (KMW) (S .D.N.Y . 1989) ($3.4 million recovery) ;

In re Texas International Securities Litigation, Civ. No. 84-366-R (W.D. Okla. 1989) ($9.5 million recovery) ;

Wool v. Tandem Inc., Civ. No. C 85134 (JPV) (N.D . Cal. 1988) ($16 million recovery) ;

In re AM International, Inc . Securities Litigation, M-21-31, MDL Docket No. 494 (S .D.N.Y. 1987) ($23 million recovery) ;

In re Data Point Securities Litigation, SA-82-CA-338 (W .D. Tex. 1987) ($28.4 million recovery) ;

In re Digital Securities Litigation, 83-3255Y (D. Mass . 1986) ($19.2 million recovery) ;

Kaplan v. General Motors Corporation, 81 Civ. 1252 (E.D.N.Y, 1984) ($22 .5 million recovery) ;

In re New York City Municipal Securities Litigation, MDL Docket No . 314 (S .D.N.Y. 1984) ($13 .5 million recovery) ;

In re National Student Marketing Securities Litigation, MDL Docket No. 105 (D.D.C. 1983) ($35 million recovery) ;

Brief biographies of the Firm's lawyers are provided below :

STANLEY M. GROSSMAN

Stanley M. Grossman, the senior partner of the Pomerantz Firm, was featured in an articl e entitled "Top Litigators in Securities Field -- A Who's Who of City's Leading Courtroo m

Combatants," New York Law Journal, August 1, 1983. He has been with the Pomerantz Firm since

February 1969, and has been a member of the Firm since 1976 . Throughout this period, he ha s

7 principally represented plaintiffs in securities and antitrust class actions, including many of thos e

listed in the firm biography . For example, he was the lead lawyer for plaintiffs and the class in In

re Salomon Brothers Treasury Litigation, 91 Civ. 5471 (RPP)(S .D .N.Y. 1994), where he obtained

a $100 million cash recovery for the class . He was also the attorney in charge of In re First

Executive Corporation Securities Litigation, CV-$9-7135 DT (Kx)(C .D. Cal. 1994), another cas e

where he negotiated a $100 million settlement for the class . Similarly, in In re Sorbates Direct

Purchaser Antitrust Litigation, C98-4886 CAL (N.D. Cal. 2000), his efforts with his co-counse l

resulted in an over $80 million settlement for the class .

Senior Judge Milton Pollack of the Southern District of New York appointed Mr . Grossman

to the Executive Committee of counsel charged with allocating to claimants hundreds of million s

of dollars obtained in settlements with Drexel Burnham & Co. and Michael Milken .

Many courts have acknowledged on the record the high quality of the legal representatio n

provided by Mr. Grossman to classes of investors . For example, in Gartenberg v. Merrill Lynch

Asset Management, Inc., 79 Civ. 3123 (S .D.N.Y.), where Mr . Grossman was lead trial counsel for plaintiff, Judge Pollack noted at the completion of the trial (Tr . 5 07):

[I] can fairly say, having remained abreast of the law on the factual and legal matters that have been presented, that I know of no case that has been better presented so as to give the Court an opportunity to reach a determination, for which the court thanks you.

Mr. Grossman has tried other complex litigations involving the securities and other federa l and corporate laws .

He has lectured to the profession on various occasions under the auspices of the Souther n

Federal Securities Institute, Columbia University School of Law, Duke University Law School ,

8 University of Arizona Law School, Brooklyn Law School, ALI-ABA, PLI, the New York State Ba r

Association, and the Association of the Bar of the City of New York . Mr. Grossman is the author

of "Commentary : The Social Meaning of Shareholder Suits," 65 BROOKLYN LAW REV . (1999),

among other articles.

Mr. Grossman has been active in numerous professional organizations. He is the former

president of the National Association of Securities Attorneys ("NASCAT") - an organization o f

attorneys specializing in securities class action litigation . During his tenure, he represente d

NASCAT in meetings with the Chairman of the Securities and Exchange Commission, members o f

Congress and of the Executive Branch in furnishing input and commentary on legislation which

became the Private Securities Litigation Reform Act of 1995 ("PSLRA") . In the summer of 1998,

at the invitation of Chairman of the Judiciary Committee Henry Hyde, Mr . Grossman testified before

Congress on proposed legislation dealing with "federalization of state class actions ." Subsequent

to the hearings, Mr. Grossman was requested to participate with Congressional counsel in drafting

proposed legislation.

Mr. Grossman presently serves as a vice president and adviser of the Institute for Law an d

Economic Policy ("ILEP") . ILEP is a public policy research and educational foundatio n established to preserve, study and enhance access to the civil justice system by all consumers. He is also a member of the United States Advisory Board of the Institute for Consumer Antitrust Studie s at Loyola University Chicago. Additionally, he is on the Advisory Committee for the Abraham L .

Pomerantz Lectures at the Brooklyn Law School ,

He is currently a member of the Judiciary Committee of the Association of the Bar of the Cit y of New York. Previously he served on the Association's Committee on Professional and Judicia l

9 Ethics; State Courts of Superior Jurisdiction ; and Trade and Antitrust. He is also a member of the

Litigation Section dealing with class actions at the American Bar Association .

Mr. Grossman is actively involved in local and national civic affairs . In June, 1999, he wa s

appointed by the Association of the Bar of the City of New York to chair a special Blue Ribbo n

Commission on the future of the City University of New York . Upon the publication of the

Commission's Report, the President of the Association described it as "insightful, measured an d

persuasive . . . a striking example of the very best of what this Association can do ."

He is a director of the Lincoln Center Institute for the Arts in Education, as well as a membe r

of the Appleseed Foundation, a national public interest advocacy group. In addition, he is also a

member of the AFL-CIO Center for Working Capital's National Advisory Council of Employe e

Benefit Professionals.

MARC I. GROSS

Marc I. Gross has been associated with the Firm since 1976 and became a partner in 1984 .

He graduated from New York University Law School in 1976 and received his undergraduate degre e

from Columbia University in 1973 .

Mr. Gross has extensive experience in litigating class (securities, antitrust and consumer) an d derivative actions. He is the sole or co-lead counsel in many of the Firm's major pending cases, including class actions involving fraud by analysts, and has won rulings highly favorable t o plaintiffs. See e.g. Salomon Analyst .4T&T Litig., 350 F. Supp . 2d 455 (S.D.N.Y. 2004) (GEL) .

Mr. Gross has obtained numerous large recoveries . For example, he was co-lead counsel i n

Snyder v. Nationwide Insurance Co., Index No. 97/0633 (N.Y. Supreme Court, Onondaga County),

1 0 which resulted in a settlement valued at $100 million for defrauded life insurance policy customers .

In approving the settlement, Judge Tormey stated :

The Court approves the settlement in all respects. It is so ordered, and I compliment you all, not only the manner in which you arrived at this result today, but the time that you -- in which it was done. And T think you all did a very, very good job for all the people . You made attorneys look good . I thank you very much. It was nice working with you all .

Mr. Gross was also the attorney in charge of Texas International Securities Litigation, where,

in granting class certification, the Court stated :

The performance of plaintiffs' counsel thus far leaves the Court with no doubt that plaintiffs' claims will be vigorously and satisfactorily prosecuted throughout the course of this litigation .

In the course of approving the subsequent settlement of the case, the Court added :

I would like to compliment all the parties and attorneys in this case . . . .You have all worked together better than I think any case I've had that involved these extensive issues and parties and potential problems . And I for one appreciate it . And I think it shows certainly a great deal of professionalism on all your part .

Other examples of Mr. Gross' representation as sole or co-lead counsel are In re Charter

Communications Inc. Sec. Litig., MDL No. 1506 E.D . Mo. (CAS) ($146 .25 million proposed settlement) ; In re Elan Corp. Sec. Litig., No. 02-CV-865 (RMB)(FM) (S .D .N.Y.) ($75 million proposed settlement); In re National Health Laboratories, Inc, Securities, CV-92-1949-H (CM) (S.D.CaI.

1 995) ($64 million recovery) ; Mardean Duckworth v. Country Life Insurance Co, No. 98 CH 01046

(C.D.IiI. 2000) ($45 million settlement), and in Frank v. Paul (Centrust Savings Bank Securities

Litigation), 93 Civ. 1453 (TCP) (E.D.N.Y. 1996) (over $20 million recovery).

11 Mr. Gross has been a member of the New York City Bar Association's Federal Court s

Committee, an early neutral evaluator for the Eastern District of New York, and a mediator for th e

Commercial Division of the New York Supreme Court . He was the Treasurer of the National

Association of Securities and Commercial Law Trial Attorneys . He was a guest panelist for a Sprin g

1998 conference on "Courts on Trial" sponsored by the Institute of Law and Economics held at th e

University of Arizona Law School, and is the author of "Loser-Pays-or Whose `Faint' Is It Anyway :

A Response to Hensler-Rowe's "Beyond It Just Ain't Worth It", which appeared in the 64 Law &

Contemporary Problems (Duke Law School) (2001) .

Mr. Gross has also served as Chairman of Neighbors Helping Neighbors, a not-for- profit

housing group based in Brooklyn, New York that is affiliated with the Neighborhood Reinvestment

Corporation .

Mr. Gross is admitted to the bar of the State of New York and the United States Distric t

Courts of the Southern and Eastern Districts of New York .

SHAHEEN RUSHD

Shaheen Rusted graduated summa cum laude from New York Law School in 1981 an d

obtained her undergraduate degree from Kalamazoo College in 1977 (magna cum laude ; elected to

Phi Beta Kappa) .

Ms. Rusted joined the Firm as an associate in January 1983 and became a partner in Jul y

1991 . Previously, Ms, Rusted was a staff attorney at the New York Regional Office of the Federa l

Trade Commission and served as law clerk to the Honorable Leonard 1. Garth, United States Court of Appeals for the Third Circuit .

12 Ms . Rushd specializes in securities and antitrust class actions . She has participated in the

litigation of many of the Firm's major cases, including Kronfeld v. TWA, No . 83 Civ. 8641 (KMW),

and In re Safety-Kleen Corp. Stockholders Litigation, C.A. No. 3 :00-CV-73 6-17 (D.S .C. 2004) . She

was also part of the successful trial teams in Walsh v. Northrop Grumman, et al. CV-94-510 5

(E.D.N .Y.) (TCP) and Rauch v. Bilzerian, 88 Civ. 15624 (Sup . Ct. N.J. 1991) .

Ms. Rusted was a trustee of Kalamazoo College from 199 6 through June 2002. Ms . Rusted

also served as an Adjunct Instructor at New York Law School during the 1989 academic year and

was a member of the Association of the Bar of the City of New York's Antitrust and Trad e

Regulation Committee .

Ms. Rusted is admitted to the bar of the State of New York and the United States District

Courts for the Southern and Eastern Districts of New York and United States Courts of Appeals fo r

the Eighth and Eleventh Circuits.

D. BRIAN HUFFORD

D. Brian Hufford joined the Pomerantz Firm in April 1993 and became a partner in Jul y

1995. After obtaining a Masters of Urban Affairs from Wichita State University in 1982 ,

Mr. Hufford attended the Yale Law School, where he was Notes and Topics Editor for the Yale Law and Policy Review and was awarded the Thomas I. Emerson Prize for the Outstanding Legislativ e

Services Project . Graduating from Yale in 1985, Mr . Hufford subsequently spent two years i n

Washington, D.C. as an Honors Attorney in the United States Department of the Treasury's Honor s

Law Program. From 1987 until he joined the Firm in 1993, he was a litigation associate at Davi s

Polk & Wardwell, where he worked primarily on securities and class actions . His article "Deterrin g

1 3 Fraud vs. Avoiding the Strike Suit: Reaching An Appropriate Balance," was published in 6 1

Brooklyn Law Review 593 (Summer 1995) .

At the Pomerantz Firm, Mr. Hufford has not only prosecuted a number of securities an d

antitrust cases, but he is also the attorney in charge of the Finn's healthcare and consumer practice,

Mr. Hufford successfully argued before the New York appellate court in Batas v. Prudential, 28 1

A .D.2d 260,724 N . Y. S .2d 3 ( 1 st Dep't 2001), in which the court upheld claims that Prudential relie d

on improper procedures for the determination of medical necessity in its health insurance contracts .

Mr. Hufford also successfully argued Drolet v. Healthsource, Inc., 968 F. Supp. 757 (D.N.H. 1997),

in which the court upheld the charge that the defendant breached fiduciary duties under ERISA b y

misrepresenting the financial incentives it paid to physicians to reduce medical expenditures . I n

addition, Mr. Hufford received a successful decision upholding claims against United Healthcare i n

American MedicalAssociation v. United Healthcare Corp., 2002 U.S. Dist. LEXIS 20309 (S .D.N.Y.

Oct. 23, 2002), where plaintiffs claimed that the defendant relied on an improper database fo r

determining "usual, customary and reasonable" fees for the purpose of reimbursing subscribers fo r

services received from out-of-network health care providers . Morever, Mr . Hufford was the partner in charge of Addison v. American Medical Security, Case Na. CA 001455-AB (Cir. Ct., Palm Beach

Cty., Fla.), in which plaintiffs won a two-week bench trial, with the Court finding in March 2002 that the defendant had violated Florida law by, among other things, improperly raising health car e premiums based on individual health history .

Mr. Hufford has also written and lectured in the area of healthcare litigation . Further, Mr.

Hufford was featured in the book Net Law : How Lawyers Use the Internet, by Paul Jacobsen (Jan .

14 1997), which discusses how he has used the Internet to investigate some of the firm's pending class

actions.

Mr. Hufford is admitted to the bar of the State of New York and the United States Distric t

Courts of the Southern and Eastern Districts of New York .

PATRICK V. DAHLSTROM

Mr. Dahlstrom is a 1987 graduate of the Washington College of Law at American University

in Washington, D .C ., where he was a Dean's Fellow, Editor-in-Chief of the Administrative Law

Journal, a member of the Moot Court Board representing Washington College of Law in the Ne w

York County Bar Association's Antitrust Moot Court Competition, and a member of the Vietna m

Veterans of America Legal Services/ Public Interest Law Clinic .

Upon graduating, Mr. Dahlstrom served as the Pro Se Staff Attorney for the United States

District Court for the Eastern District of New York and was a law clerk to the Honorable Joan M .

Azrack, United States Magistrate Judge . He joined the Pomerantz Firm as an associate in the Fal l

of 1991 and became a partner in January 1996 . Mr. Dahlstrom is the resident partner in th e

Pomerantz Firm's Chicago Office.

Recently, in DeMarco v. Robertson Stephens, 2005 U.S. Dist. LEXIS (S .D.N.Y. 2005),

Mr. Dahlstrom obtained the first class certification in a federal securities case involving fraud by analysts . Some examples of other notable litigations by Mr . Dahlstrom are In re Safety-Klee n

Stockholders Securities Litigation, 3 :00-736-17 (D. S.C.) (as co-lead counsel, Firm obtained $54 . 5 million settlement) and In re Livens, Inc. Noteholders Securities Litigation, 98 Civ. 7161 (VM)

{S.D.N.Y.} (Firm, as sole-lead, obtained $17 million settlement, plus $23 million judgment), In re

15 Woolworth Corporation Secur ities Class Action Litigation, 94 Civ. 2217 (RO) (S.D.N.Y.7) (Firm,

as co-lead counsel, secured a $20 mi llion settlement) .

Mr. Dahlstrom was also co-Class Counsel and a member of the trial team in In re

ICN/Viratek Securities Litigation, 87 Civ. 4296 (KMW) (S. DN.Y.), where at the end of trial, the

Court commented that "plaintiffs' counsel did a superb job here on behalf of the class . . . .This was

a very hard fought case . You had very able, superb opponents, and they put you to your task . . . .

The trial was beautifully done and I believe very efficiently done . . . ."

Mr. Dahlstrom is admitted to practice in , the state courts of New York and Illinois, as well

as the Unites States District Courts for the Southern District of New York, the Eastern District of

New York, the Northern District of Illinois, the Northern District of Indiana, the Eastern District of

Wisconsin, the District of Colorado, the Western District of Pennsylvania, and the United States

Courts of Appeals for the Fourth Circuit Court of Appeals, the Sixth Circuit Court of Appeals, the

Seventh Circuit Court of Appeals, and the Eighth Circuit Court of Appeals.

H. ADAM PRUSS IN

Mr. Prussin joined the Firm as Of Counsel in June 2000, and became a partner in January

2002. He graduated cum laude from Yale College in 1969, and after obtaining a Masters degree from the University of Michigan in 1971, he received his J .D . from Harvard Law School in 1974 .

In addition to securities litigation, Mr . Prussin has extensive experience in derivative actions .

He has published several articles on the subject of the standards and procedures for obtaining disr~issal of shareholder derivative actions, including "Termination of Derivative Suits Against

Directors on Business Judgement Grounds: From Zapata to Aronson" published in 39 The Business

1 6 Lawyer 1503, 1984; "Dismissal of Derivative Actions Under the Business Judgement Rule : Zapata

One Year Later," published in 38 The Business Lawyer 401, 1983 ; and "The Business Judgement

Rule and Shareholder Derivative Actions : Viva Zapata?," published in 3 7 The Business Lawyer 27,

1981 .

Mr. Prussin was special litigation counsel in Summit Metals, Inc. v. Gray, a derivative action

which resulted in entry of a judgment, after trial, of $43 million in cash, plus an order transferring

the stock of two multi-million-dollar companies to the plaintiff. He was also one of the lead lawyer s

in re Livent Noteholders Securities Litigation. Mr. Prussin is co-lead counsel in several of the

Firm's pending derivative actions .

Before joining the Firm, Mr. Prussia was a named partner in Harries, Harney, Prussin &

Keller, which specializes in representing plaintiffs in shareholder derivative and class actio n

litigation, particularly those involving self-dealing by corporate officers, directors and controllin g

shareholders. Mr. Prussin played a key role in several landmark derivative cases in the Delawar e courts, and has appeared repeatedly before the Delaware Supreme Court .

Prior to joining Silverman, Harney in 1994, Mr . Prussin was of counsel to Weil, Gotshal &

Manger. While there, he represented numerous corporate defendants in shareholder derivative actions and class actions, and also in general commercial, bankruptcy and antitrust disputes .

Mr. Prussin is admitted to the bar of the State of New York, and the United States District

Courts of the Southern and Eastern Districts of New York and the United States Court of Appeal s for the Second Circuit.

17 RUSSEL N. JACOBSO N

Russel N. Jacobson received anA.B. magna cum laude from Harvard College in 1984, where

he was elected to Phi Beta Kappa, and a J.D . magna cum laude from Harvard Law School in 1987.

He joined the Firm as a partner in 2004 .

Mr. Jacobson began his legal career by serving as a law clerk to then Judge (now justice )

Anthony M. Kennedy on the U.S . Court of Appeals for the Ninth Circuit . Thereafter, he was a

litigation associate at Dickstein Shapiro Morin & Oshinsky in Washington, D.C., where he was

engaged primarily in the defense of white-collar criminal and securities fraud matters, and i n

complex business litigation .

Mr. Jacobson then served as a federal prosecutor for more than a decade . From 1997 unti l

he joined the Firm, Mr. Jacobson was an Assistant United States Attorney with the United State s

Attorney's Office for the District of New Jersey . There he investigated and prosecuted diverse

federal criminal cases, including international money laundering offenses, securities fraud, othe r

frauds, tax offenses, and additional federal crimes . From 1991 through 1997, Mr. Jacobson was a

Trial Attorney with the Fraud Section of the Criminal Division at the United States Department o f

Justice in Washington, D.C. While at the Fraud Section, Mr. Jacobson investigated and prosecute d complex business crimes, including financial institution fraud, securities fraud, and other white- collar offenses . Mr. Jacobson also served in 1993 as a Special Assistant United States Attorney wit h the United States Attorney's Office for the Eastern District of Virginia . During his service as a federal prosecutor, Mr . Jacobson conducted numerous trials, and received many awards i n recognition of the excellence of his work .

18 Mr. Jacobson is admitted to the bars of the District of Columbia, Massachusetts, the Unite d

States District Court for the District of Massachusetts, and the United States Court of Appeals fo r

the Fourth Circuit.

ROBERT J. AXELROD

Robert J. Axelrod joined the Firm upon his graduation from Brooklyn Law School in 1995 ,

where he served as Executive Notes and Comments Editor of the Brooklyn Law Review . Mr.

Axelrod practices securities, antitrust, and healthcare litigation . Healthcare cases that Mr. Axelrod

has litigated include Batas v. Prudential, 281 A.D.2d 260, 724 N.Y.S.2d 3 (1st Dept 2001) and

Addison v. American Medical Security, CA 00 1455-AB (Cir . Ct., Palm Beach Cty ., Fla.) (member

of trial team). Among the securities and antitrust actions he has worked on are Cross v. Dickstein

Partners, Inc., In re Schick Technologies, Inc . Securities Litigation, In re Nasdaq Market Makers

Antitrust Litigation, and In re Flat Glass Antitrust Litigation .

Mr. Axelrod is a member of the Association of the Bar of the City of New York, the Ne w

York State Bar Association, and the American Bar Association, as well as a member of the AB A

Sections on Business Law, Antitrust, and Litigation . He is also a member of the National Associa- tion of Public Pension Attorneys (KAPPA). He served as a Judge in the ABA Appellate Advocac y

Competition in New York . Mr. Axelrod is a member of the Temple University College of Libera l

Arts Alumni Board.

CHERYL HAMER MACKELL

Cheryl Hamer Mackell joined the Firm in February 2003 to head up its Washington, D .C . office. She is a 1973 graduate of Columbia University and a 1983 graduate of Lincoln Universit y

19 Law School. She studied tax law at Golden Gate University and holds a Certificate in Journalis m

from New York University .

Before joining the Pomerantz Firm, Ms . Mackell served as of counsel to nationally know n

securities class action law firms focusing on plaintiff securities fraud litigation . In private practice

for 20 years, she has litigated, at both the State and Federal levels, Racketeer Influenced and Corrup t

Organizations, Continuing Criminal Enterprise, death penalty and civil rights cases . She has

authored numerous criminal writs and appeals.

She was an Adjunct Professor at Pace University, Dyson College of Arts and Sciences,

Criminal Justice Program and The Graduate School of Public Administration, where she taught Non-

Profit Corporate Law, from 1996 to 1998 .

Ms. Mackell has served as vice-chair of Freeing the Innocent Imprisoned Committee, chai r

and vice-chair of the Death Penalty Litigation Committee, Liaison to American Bar Association, an d

a member of the Nominating Committee of the National Association of Criminal Defense Lawyers .

She has also served on numerous non-profit boards of directors including shelter From the Storm , the Southern California Coalition on Battered Women and the Native American Preparatory Schoo l and is a former member of Hollywood Women's Political Committee . She is a member of th e

American Bar Association's Litigation and Individual Rights Sections, the Corporate, Finance &

Securities Law Section of the District of Columbia Bar, the National Association of Public Pensio n

Attorneys and the AFL-CIO Center for Working Capital's National Advisory Council of Employe e

Benefit Professionals .

Ms . Mackell is admitted to practice in the State of California, the District of Columbia and the State of New Mexico . She is also admitted to the bars of the United States District Courts for

20 }

the Northern, Southern, Eastern and Central District of California, the District of New Mexico an d

the District of Columbia, the United States Courts of Appeals for the Second, Third, Fourth ,

Seventh, Ninth, Tenth and Eleventh Circuits, and the Supreme Court of the United States.

MARY E. NEU-STOPPELMA N

Mary E. Neu-Stoppelman became Of Counsel to the Pomerantz Firm in 2003 . She graduate d

cum laude from Tulane University in 1988 and received her Bachelors in Business (in 1980) and

Education (in 1981) from Indiana University .

Ms. Neu-Stoppelman focuses herpractice on securities, antitrust and healthcare class actions .

She is admitted to the bars of Texas and New York, and for the U .S . District Courts of the Souther n

and Eastern Districts of New York and the Northern District of Texas . She is a member of th e

Association of the Bar of the City of New York .

WILLIAM P. BODKIN

William F. Bodkin graduated cum laude from Brooklyn Law School in 2001, While in law

school, Mr. Bodkin served as a law clerk intern to the Hon . Richard M . Berman, U .S .D .J., S.D .N.Y .

Mr. Bodkin began his career as an associate of LeBoeuf, Lamb, Greene and MacRae, wher e he specialized in reinsurance dispute resolution and financial institution market conduct defense.

During his tenure at LeBoeuf, Mr . Bodkin co-authored the article "Caveat Reinsurers Reinsuring

Punitive Damages Under ECO Clauses", which appeared in the Journal of Tort & Insurance Law ,

Vol . 37, No. I (Fall 2001 ).

Mr. Bodkin brings an insider's knowledge of the financial industry to his practice i n securities litigation . During the mid-1990's, Mr. Bodkin held his NASD Series 7, 63, and 65, alon g

21 with New York State Life, HealtH, ,and Variable Annu ity Licenses while serving as a licensed

representative in the financial services industry .

Mr. Bodkin is admitted to the bar of the State of New York and the United States Distric t

Courts of the Southern and Eastern Districts of New York .

JASON S. C OWART

Jason S. Cowart graduated cum laude from Northwestern University Law School in 1999 .

While in law school, he won the Moot Court competition and was an editor of the Journal o f

International Law and Business .

After law school, Mr. Cowart served as a law clerk to United States District Court Judg e

Richard Enslen. Prior to joining the Pomerantz Firm, Mr . Cowart was a litigation associate at Sidle y

Austin Brown & Wood LLP for over four years . During that time, Mr. Cowart concentrated hi s

practice on complex commercial litigation including antitrust, contract, fraud, and health care-related

matters.

Mr. Cowart is the co-author of State Immunity, Political Accountability andAlden v. Maine,

75 Notre Dame L . Rev. 1069 (2000).

Mr. Cowan is admitted to the New York and Washington, D .C. bars and the United States

District Courts for the Southern and Eastern Districts of New York, the Western District o f

Michigan, and the District of Columbia . Mr. Cowart also is admitted to practice before the Unite d

States Supreme Court.

22 LEIGH HANDELMAN SMOLLAR

Leigh Handelman Smollar became associated with the Firm in January, 2002, and i s

practicing in the Chicago office . She graduated from Chicago-Kent College of Law in 199 6. Upon

her graduation, Ms . Handelman Smollar spent the next 5 years specializing in complex litigation ,

handling a broad variety of matters .

Ms. Handelman Smollar co-authored an article for the Illinois Institute for Continuing Lega l

Education (IICLE) entitled "Shareholder Derivative Suits and Stockholder Litigation in Illinois "

published in IICLE Chancery and Special Remedies 2004 Practice Handbook. She is also a member

of the Illinois State Bar Association.

Ms. Handelman Smollar is admitted to the bar of the State of Illinois and the United State s

District Courts for the Northern District of Illinois and Eastern District of Missouri and the Unite d

States Court of Appeal for the Seventh Circuit .

JEREMY A. LIEBERMAN

Jeremy A. Lieberman graduated from Fordham University School of Law in 2002 . While

in law school, Mr. Lieberman served as a staff member of the Fordham Urban Law Journal .

Upon graduation, Mr. Lieberman began his career at Chadbourne & Parke LLP as a litigation associate, where he specialized in complex commercial litigation and products liability .

Mr. Lieberman became associated with the Firm in August 2004 . He is a member of the Ne w

York State Bar Association . He is admitted to the bar of the State of New York .

23 MURIELLE STEVEN WALS H

Murielle Steven Walsh graduated cum laude from New York Law School in 1996, where she

received the Irving Mariash Scholarship . Ms. Steven Walsh specializes in securities litigation. She

is a member of the New York State Bar Association Committee on Media Law . Ms. Steven Walsh

is admitted to the New York bar and the United States District Court for the Southern District o f

New York .

ANDREW G. TOLAN

Andrew G. Tolan received his J.D. degree from Brooklyn Law School in 1990, where he was

a member of the Moot Court Honor Society. While in law school, Mr . Tolan interned with th e

United States Attorney's Office, Southern District of New York . In 1997, Mr. Tolan received his

MBA degree from New York University's Stern School of Business .

Mr. Tolan is a member of the Association of the Bar of the City of New York and the New

York State Bar Association. Mr. Tolan is admitted to the New York, New Jersey and Connecticu t

bars.

SUSAN J. WEISWASSER

Susan J. Weiswasser graduated from Brooklyn Law School in 2000 . While in law school ,

Ms. Weiswasser served as a law clerk intern to the Honorable Edward R . Korman, Chief Judge o f the United States District Court for the Eastern District of New York . Ms. Weiswasser also served as a legal intern with the New York State Capital Defender Office.

Ms. Weiswasser focuses her practice on health insurance and other class action insuranc e li tigation.

24 Ms. Weiswasser is admitted to the bar of the State of New York and the United State s

District Courts for the Southern and Eastern Districts of New York and the United States Court o f

Appeals for the Third Circuit .

25 EXHIBIT E BERMAN DEVALERIO PEASE TABACCU BURT~PUCILL O

THE FIRM

The law firm of Berman DeValerio Pease Tabacco Burt & Pucillo prosecutes class actions nationwide on behalf of victims of securities and antitrust law violations . Founded in 1982, Berman DeValerio has 31 attorneys in offices in Boston, San Francisco, and West Palm Beach. The firm holds leadership positions in dozens of securities and antitrust actions around the country .

The attorneys at Berman DeValerio have prosecuted hundreds of class actions on behalf of defrauded individuals and institutions, recovering billions of dollars overall for clients . In addition to the financial recoveries, the firm has achieved significant changes i n corporate governance .

The firm acts as monitoring, evaluation, and/or litigation counsel to 43 public and Taft- Hartley pension funds, including some of the nation's largest . In antitrust matters, the firm's institutional clients include the State of Florida and Aetna U .S. Healthcare, Inc .

RESULTS

Securities Settlements

The firm has negotiated substantial settlements for its clients . The following is a sample of significant results in securities litigation:

As counsel to court-appointed bondholder representatives the County of Fresno, Calif., and the Fresno County Employees' Retirement Association in In Re : WorldCom, Inc. Sec. Litig., 02civ3288 (S .D.N.Y.), Berman DeValerio helped a team of lawyer s representing the New York State Common Retirement Fund obtain a settlement from underwriters worth more than $6 billion as of March 17, 2005 . Claims against some defendants remain pending .

In In Re: Bristol-Myers Squibb Sec. Litig., 02CV2251 (S .D. N.Y.}, Berman DeValerio represented the Fresno County Employees' Retirement Association and the Louisiana State Employees' Retirement System as lead plaintiffs . The firm negotiated a cash settlement of $300 million in July 2004 . The settlement is the largest by a drug company in a U .S. securities fraud case .

BOSTO N SAN FRANCISCO WEST P AL M BEAC H TEL : 8 00 5 1 6 .9426 E- M AIL : FUN DSGJBER M At4 C SQ .COM UR L : WWW .BERMANESQ .COM Berman DeValerio represented the Louisiana Municipal Police Employees Retirement System as co-lead plaintiff in In Re : Symbol Technologies, Inc . Sec. Litig., 2:02cv01383 (E.D .N.Y.), obtaining a $139 million partial settlement in June 2004 . Lead plaintiffs continue to prosecute the claims against individual defendants . A separate lawsuit is pending against Symbol's former auditor, Deloitte & Touche LLP .

As co-lead counsel in In Re : Lernout & Hauspie Products, N .V., Securities Litigation, 00- CV-11589 (PBS) (D . Mass.), Berman DeValerio negotiated the third largest settlement ever paid by accounting firms in a securities class action - a $115 million agreement with the U.S . and Belgian affiliates of KPMG International to settle claims of accounting malpractice. The case stemmed from KPMG's work for Lernout & Hauspie Speech Products, a software company driven into bankruptcy by a fraud scandal . The case is continuing against other defendants, including Lernout & Hauspie's former top officers, who are currently facing criminal charges in Belgium .

Berman DeValerio acted as sole lead counsel in a case against Enterasys Networks, Inc ., in which the Los Angeles County Employees' Retirement Association was lead plaintiff . In Re: Enterasys Networks Inc . Securities Litigation, 02-CV-71 (D.H.H.) settled in October 2003 for $17 million in cash, stock valued at $33 million, and major corporate governance improvements that opened the computer networking company to greater public scrutiny. Changes included requiring the company to back a proposal to eliminate its staggered board of directors, allowing certain large shareholders to propose candidates to the board, and expanding the company's annual proxy disclosures . The settlement received court approval in December 2003 .

Representing the Teachers' Retirement System of Louisiana as co-lead plaintiff, Berman DeValerio negotiated a $30.5 million partial settlement in In Re : SmartForce PLC Securities Liti aQ tiOn, Case No. 02-CV-544 (PJB) (D. N.H .). The agreement received court approval in September 2004. The case is continuing against the company's auditors Ernst & Young Chartered Accountants and Ernst & Young, LLP .

In In Re : Warnaco Group, Inc. Securities Litigation, 00civ6266 (LMM) (S.D.N .Y.), the firm negotiated a $12.85 million settlement against several current and former top officers of the company. The firm represented the Fresno County Employees Retirement Association as co-lead plaintiff in the case .

The firm represented the Florida State Board of Administration as co-lead plaintiff in In Re : Sykes Enterprises, Inc. Sec. Litig ., Case Na . 8 :00-CV-212-T-26F (M.D . Fla.), in which Sykes Enterprises was accused of using improper means to match the company's earnings with Wall Street's expectations. The firm negotiated a $30 million settlement, which received final approval in March 2003 .

The firm served as co-lead counsel in In Re : Thomas & Betts Securities Litigation, Civil Action No . 2 :00cv2127 (JPM) (W.D . Tenn.), which settled for $51 million in 2004 . Plaintiffs in this action had accused the company and other defendants of issuing fals e 2

BOSTON SAN FRANCISCO WEST PALM BEAC H TEL : 500 515 .9926 F.-MAIL : LAWaBERMANESQ .COM URL : WWW .BEAA{ANCSQ .COM and misleading financial statements for 1996, 1997, 1998, 1999 and the first two quarters of 2000.

A member of the executive committee representing plaintiffs, Berman DeValerio secured a $45 million settlement in Giarraputo v . UNUMProvident Corp., cv99-301-P-C (D . Me.), a lawsuit stemming from the 1999 merger that created UNUMProvident . Shareholders of both predecessor companies accused the insurer of misleading the public about its business condition before the merger . The settlement received final approval in June 2002.

In In Re: Critical Path, Inc. Securities Litigation, C-0 1-0551-WHA (N.D. Ca.), the firm negotiated a $17.5 million recovery to settle claims of accounting improprieties at a California software development company . The firm, representing the Florida State Board of Administration, was appointed sole lead counsel in August of 2D01 . Allegations of serious fraud arose shortly after the spectacular collapse of Critical Path's stock price and certain former officers were indicted for stock fraud . The difficulties facing the lead plaintiff related to marshalling all available resources to secure a recovery for the class as Critical Path teetered on bankruptcy . Following arduous negotiations, the case settled for $17.5 million. The settlement was approved in June 2002 .

As one of co-lead counsel in In Re: Molten Metal Technology Inc . Sec. Litig. , No . 97- 10325-MLW(D. Mass.) and Axler v. Scientific Ecology Group, Inc ., et al., No. MLW (D. Mass .), the Boston office played a key role in settling the actions after Molten Metal and several affiliates filed a petition for bankruptcy reorganization in Massachusetts . The individual defendants and the insurance carriers in Molten Metal agreed to settle for $11 .91 million. After the bankruptcy trustee objected to the use of insurance proceeds for the settlement, the parties agreed to pay the trustee $1 .325 million of the Molten Metal settlement. The parties also agreed to settle claims against Scientific Ecology Group for $1 .25 million, giving Molten Metals investors $11 .$35 million.

In In Re: Interspeed, Inc. Sec . Litig., 00-CV-12090-EFH (D . Mass.), the Boston office served as co-lead counsel and negotiated a $7.5 million settlement on behalf of the class. The settlement was reached in an early stage of the proceedings largely as a result of the financial condition of Interspeed and the need to salvage a recovery from its available assets and insurance.

In In re Avant, Sec. Litig., 96 CV 20132 (N.D . Cal.), Avant!, a software company, was charged with securities fraud in connection with its alleged theft of a competitor's software code, which Avant! incorporated into its flagship software product . Serving as lead counsel, the firm recovered $35 million for the class . The recovery resulted in each eligible class claimant receiving almost 50% of losses net of attorneys' fees an d expenses.

The Boston office, as co-lead counsel in In Re : Summit Technology Sec . Liter, No . 96- 11589-JLT (D . Mass)., negotiated a settlement consisting of $10 million for the benefit of

BOSTON SAN FRANCISCO WEST PALM BEAC H TEL : 800 516-9926 E-MAIL : LAWtQHERMArlESQ . COM URL : WWW .BERMANESQ .COM the class. The action was intensely litigated for four years, resulting in motion practice on the adequacy of the complaint and the issue of class certification, the review and analysis of over a million pages of documents produced by the defendants and 40 third- party witnesses, the depositions of 40 witnesses, the exchange of nine expert reports and the filing of and responding to nine motions for summary judgment .

In Re: Prison Realty Sec . Litig. , 3 :99 CV 0452 (In Re: Old CCA Sec . Liti3 :99 CV 0458 (M.D. Tenn.). The firm represented the former shareholders of Corrections Corporation of America, which merged with another company to form Prison Realty Trust, Inc. The action charged that the registration statement issued in connection with the merger contained untrue statements . The firm successfully countered arguments that the class' claims for securities fraud were released in prior litigation involving the merger and overcame motions to dismiss . It negotiated a global settlement of approximately $120 million in cash and stock for this case and other related litigation .

The Boston office served as co-lead counsel in Gelferv . Pegystems, Inc et al„ 98 CV 12527 (D. Mass.) and negotiated a settlement valued at $12 .5 million consisting of $4 .5 million in cash and $7.5 million in shares of the company's stock or cash at th e company's option .

In In Re : Sybase II Sec . Liti ., C-98-0252-CAL (N.D. Cal .), Sybase was charged with inflating its quarterly financial results by improperly recognizing revenue at its wholly owned subsidiary in Japan . Acting as co-lead counsel, attorneys in the California office obtained a $28 .5 million settlement .

In In Re : UCAR International Inc. Sec . Liti ., 98-CV-0600-JBA (D . Conn.), the firm represented the Florida State Board of Administration as the lead plaintiff in a securities claim arising from an accounting restatement . The case settled for $40 million cash and the requirement that UCAR appoint an independent director to its Board of Directors . The settlement was approved in 2000 and the lead plaintiffs recommended nominee is currently serving on the board. It was one of the first securities class actions to achieve such significant corporate governance relief.

The firm served as sole lead counsel in the class action In Re : Centennial Technologies Litigation, No. 97-10304-REK (D. Mass.) involving a massive accounting scandal that shot down the company's high-flying stock . The Boston office negotiated a settlement that permitted a turnaround of the company and provided a substantial recovery for class members . The firm negotiated changes in corporate practice, a strengthening of internal financial controls, and obtained 37% of the company's stock for the class. In addition, the firm recovered $20 million from Coopers & Lybrand, Centennial's auditor at the time - the largest settlement with an auditor in a shareholder class action in New England and among the largest in the nation. The firm also recovered $2 .1 million from defendants Jay Alix & Associates and Lawrence J . Ramaekers for a total recovery of more than $35 million for the class.

BOSTON SAN FRANCISCO WEST PALM BEAC H TEL : 900 516-9925 E-MAIL : i. AWaBERMANESQ . COtv1 URL : WWW . BERMANESQ . COM AdLib OCR Evaluation

In In Re : Exile Corp. Sec. Ling„ 98 CV 6006 (E .D. Mich.), Exile was charged with having altered its inventory accounting system to artificially inflate profits by reselling used, outdated, or unsuitable batteries as new ones . The Boston office, as co-lead counsel for the class, recovered more than $10 million in cash for class members .

In In Re : Digital Lightwave Sec. Litig ., 98-152-CIV-T-24C (M.D. Fla.), the Boston office acted as co-lead counsel and the Florida office acted as liaison counsel in negotiating a settlement that included changing company management and strengthening the company's internal financial controls so the company could be poised for a successful turnaround. In addition, the class received 1 .8 million shares of freely tradable common stock that traded at just below $4 per share when the court approved the settlement . At the time the shares were distributed to the members of the class, the stock traded at approximately $ 1 00 per share and class members received more than 200% of their losses after the payment of attorneys' fees and expenses . The total value of the settlement, at the time of distribution to the class, was almost $200 million .

The Florida office acted as co-lead counsel in Ehrenreich v . Witter, 95 CV 6637 (S .D. Fla.) involving Sensormatic Electronics Corp ., which resulted in a settlement o f $53.5 million approved in 1998 . It was one of the largest class-action settlements in the State of Florida.

In Hallet v. Li & Fung, Ltd., et al., 95 CIV 8917 (S.D.N.Y.) the company Cyrk Inc . was charged with misrepresenting its financial results and failing to disclose that its largest customer was ending its relationship with the company. In 1998, the Boston office successfully recovered more than $13 million for defrauded investors .

In In Re: Valence Sec . Litig., 95-20459-JW (EAI) (N.D . Cal.), the California office served as co-lead counsel for the class litigating against a Silicon Valley-based company that overstated performance and development of an allegedly revolutionary battery technology. Following the Ninth Circuit's reversal of the District Court's granting summary judgment in defendants' favor, the case settled for $30 million in Valence common stock.

Berman DeValerio represented the Florida State Board of Administration (FSBA) in Sand Point Partners, L .P. v. Pediatrix Medical Group, Inc , 99-6181-CIV-2LOCH (S .D. Fla.) . The FSBA was appointed co-lead plaintiff along with several other public pension funds. The complaint accused Pediatrix of Medicaid billing fraud, claiming that the company illegally increased revenue and profit margins by improperly coding treatment rendered. The case settled for $12 million on the eve of trial in 2002, after completion of discovery . As co-lead counsel, the firm prosecuted the case through pre-trial proceedings.

The firm helped obtain an $11 .5 million settlement for co-lead plaintiff Warburg, Dillon, Read, LLC (now UBS Warburg) in In Re: CHS Electronics, Inc . Sec. Litig., 99-8186- CIV (S.D. Fla.).

BOSTON SAN FRANCISCO WEST PALM B E AC H TEL : 800 51 6- 99 26 E- M A I L : LA W QBr E Rtv1 A NESQ .C OM U A L : WWW . B E RM At+FE$ Q .CO M Using a novel theory in In Re : Fidelity/Micron Sec . Liti ., 95 Civ. 12676 (D. Mass.), Berman DeValerio & Pease recovered $10 million in cash for Micron investors after a Fidelity Fund manager touted Micron while secretly selling the stock .

Antitrust Settlem ents

Over the past two decades, Berman DeValerio has held leadership roles in scores of complex antitrust cases, negotiating substantial settlements for its clients . Among those results are the following:

The California office served as lead counsel in In Re: Sorbates Direct Purchaser Antitrust Litigation, Master File No . C 98-4886 CAL (N .D. Cal.), alleging that six manufacturers of sorbates, a food preservative, violated antitrust laws through participation in a worldwide conspiracy to fix prices and allocations to customers in the United States . The firm negotiated a partial settlement of $82 million with four of the defendants in 2000 . Following intensive pretrial litigation, the firm achieved afurther $14 .5 million settlement with the two remaining defendants, Japanese manufacturers, in 2002 . Total settlement achieved for the class was $96 .5 million.

Attorneys in the Florida office acted as co-lead counsel and chief trial counsel in In Re : Disposable Contact Lens Antitrust Litigation, MDL 1030 (M.D. Fla.) . Representing both a national class and the State of Florida, the firm helped secure settlements from defendants Bausch & Lomb and the American Optometric Association before trial and from Johnson & Johnson after five weeks of trial . The settlements were valued at more than $92 million and also included significant injunctive relief to make disposable contact lenses available at more discount outlets and at more competitive prices .

The California office negotiated a $62 million settlement in In Re: Toys "R" Us Antitrust Litigation, MDL 1211 (E.D.N.Y .) to answer claims that the retailer violated laws by colluding to cut off or limit supplies of popular toys to stores that sold the products at lower prices. A component of the settlement included $40 million worth of toys to needy children throughout the United States over a three-year period .

The California office served as co-lead counsel in In Re: Industrial Diamonds Antitrust Litigation, MDL-948 (WCC) (S.D .N.Y.) alleging General Electric and DeBeers conspired to fix, raise, and maintain the prices of industrial diamond products in violation of the federal antitrust laws. The action settled for a combined cash and coupon settlement valued at $26 million.

The firm played a significant role in one of the largest antitrust settlements on record in a case that involved alleged price-fixing by more than 30 Nasdaq Market-Makers on about 6,000 Nasdaq-listed stocks over a four-year period . The settlement, one of the largest of its kind at the time, was valued at near $1 billion .

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Berman DeValerio attorneys also played a key role in obtaining a $535 million agreement from Bristol-Myers Squibb Co . to partially settle claims that the drug company had illegally blocked generic competition for its anxiety medication, BuSpar .

In another case involving generic drug competition, Berman DeValerio, as co-lead counsel, helped secure an $80 million settlement from French-German drug maker Aventis Pharmaceuticals and the Andy Corporation of Florida . The payment to consumers, state agencies, and insurance companies settles claims that the companies conspired to prevent the marketing of a less expensive generic version of the blood pressure medication Cardizem CD . The state attorneys general of New York and Michigan joined that case in support of the class.

LEADERSHIP ROLE S

The firm has acted as lead or co-lead counsel in dozens of high profile cases, and has played an active role in some of the country's most prominent class actions . The following is a list of active cases where the firm is currently serving as lead or co-lead counsel for the class . This list does not include the numerous closed actions where the firm served as lead or co-lead counsel.

Securities Class Actions

• In Re: Abercrombie & Fitch Co . Securities Litigation, M21-83 (TPG) {S .D.N.Y} - Member of the Executive Committee .

• In Re : Oscar Wyatt v. El Paso Corp ., Civil Action No. H-02-2717 (S .D. Tex.) ; Deputy Lead Counsel

• In Re : Emex Corporation Securities Litigation O1 cv4$86 (S.D.N.Y.) -Lead Counsel.

• In Re : Fannie Mae Securities Litigation, 1 :04-cv-1639 (RJL) (D. D.C .) - Co-lead Counsel .

• In Re: FreeMarkets, Inc . Securities Litigation, 01cv4746 (DBS) (W .D. Pa.) - Lead Counsel.

• In re : GenesisIntermedia, Inc. Securities Litigation, 0lcv9024 (C .D. Cal) -- Co- lead Counsel.

• Hanley v. Warburg (Magma 96-390 (D. Ariz.) - Co-lead Counsel.

BOSTON S AN FRANCIS C O WEST PALM BEAC H TEL : 800 S16-9926 E-MAIL : LAWQBERMANESQ . COM URL : WWW . BERMANESQ . COM • Heartland High Yield Municipal Bond Fund et al ., 00 C 1388 (JPS) (E.D, Wisc.) - Lead Counsel .

• In re: ICG Communications Inc . Securities Litigation, 00-CV-1864 (D. Colo.)- Co-lead Counsel.

• In Re: City of Austin Police Retirement System v . ITT Educational Seryir.es, Inc ., 1 :04-cv-0380 (S.D. In.) - Lead Counsel.

• Kinder Morgan, Inc., Civil Action No . 00-N-516 (D. Colo.) - Co-lead Counsel .

• McKesson 1-1130C. Inc. Securities Litigation, 02-405792 (Cal. Sup. Ct.).

• In Re: Micromuse Inc. Securities Litigation, No . CV 04-00136 SBA (N.D. Cal .) - Lead Counsel.

• In Re: MTI Technology Corp. Securities Litigation, Ii, Civil Action No . 8 ;00cv745 (DOC) (C.D. Cal.) - Co-lead Counsel.

• In Re: Philip Services Corp Securities Liti ation, 98cv835 (MBM) (S .D.N .Y.), 99-7825 (2d Cir.) - Co-lead Counsel.

• In Re: Reliant Sec . Litig., H-02-1810 (S .D . Tex.) -Lead Counsel .

• In Re : Stone & Webster, inc . Securities Liti ag tion, OOcv10874 (RCL) (D . Mass.) - Member of the Executive Committee and Liaison Counsel .

• in Re: Xcelera.com Securities Litigation, 1 :OOcv11649 (RWZ) (D . Mass.) - Co- lead Counsel .

• Carlson v. Xerox Corp., 3 :00-CV-1621 (AWT) (D .Conn.) - Co-lead Counse l

Antitrust Class Actions

In Re: Canadian Car Antitrust Litigation .

• In Re: ABC Communications, Inc . Antitrust Litigation, (Lead Case No . 3 :02CV 1617 (DJS), D . Conn.) and Syncro Services v . Bell Atlantic Corp . (02 civ. 7650 (SHS), S .D. N.Y).

BOSTO N ' SAN FRANCISCO - WEST PALM BEAC H TEL : 800 516 -992 6 E-MAIL : LAWQB E RMAN E SQ .COM U R L : WWW .BERMANESQ .COM 0 In Re: Automotive Refinishing Paint Litigation, (JCCP4199, Superior Court of California, County of Alameda) .

• Sample v, Monsanto et al . [Bioseeds Antitrust Litigation], (4 :01cv00065RWS, E.D. Mo.) .

• In Re: High Fructose Corn Syrup Antitrust Litigation, (95-1477, MDL No . 1087, C .D. Ili .).

+ Samole v. Bayer Ag, et al . [Cipro Antitrust Litigation], (MDL1383, E .D. N.Y.). Koonan v. Barr Laboratories, Inc. [Tamoxifen Antitrust Litigation], (MDL 1408, L. D . N.Y.).

• Blevins v. Wyeth-Ayerst Laboratories, et al . [Premarin Antitrust Litigation], (CGC-0I-324380, Superior Court of California, County of San Francisco) .

• In Re: Neurontin Antitrust Litigation, (MDL1479, D. N.J.) .

In Re: Terazosin Hydrochloride Antitrust Litigation, [Hytrin], (99-MD-1317, S .D. Fla.).

• MC - UA Local 119 Health and Welfare Plan V . Giaxosmithkline, PLC et al . [Wellbutrin], (02-cv-4398, E .D. Pa.) .

BOSTON SAN FRANCISCO WEST PALM BEAC H TEl. : 800 516-9926 E-MAIL : LAW u B ERMATESQ .COtv1 URL : WWW .BERMANESQ .CON! TRIAL EXPERIENCE

The firm also has extensive experience in taking securities and antitrust class actions to trial. Over the years, its attorneys have gone to trial against pharmaceutical companies in New York and Boston, a railroad conglomerate in Delaware, one of the nation's largest trustee banks in Philadelphia, a major food retailer in St . Louis and the top officers of a failed New England bank . The firm also took an environmental products company to trial in Philadelphia and successfully argued the case before afederal appeals court .

The firm has been involved in more trials than most of the firms in the plaintiffs' class action bar. Our trial experience includes In Re : Disposable Contact Lens Antitrust Litigation, MDL 1030 (M .D. Fla.) (settled for $60 million with defendant Johnson & Johnson after five weeks of trial); Hurley v . Federal Deposit Insurance Corp., 88 Civ. 1940 (D. Mass.) (bench verdict for plaintiffs); Howard Savings Bank, ($3 million plaintiffs' verdict following four week trial) ; In Re : Equitec Sec. Litig,, ($35 million settlement at close of evidence following five month trial) ; In Re: ICNIViratek Sec . Litig•, 87 Civ . 4296 (S .D.N.Y.) (hung jury with 8-1 vote in favor of plaintiffs ; the case settled for over $14 .5 million after the trial) ; In Re : Biogen Sec. Litig., 94 Civ. 12177 (D . Mass.) (verdict for defendants) ; Pei] v. Speiser, No . 82-1289 (E.D . Pa. 1985) (securities fraud class action, verdict for defendants after six-week trial, Court of Appeals affirms but adopts "fraud-on-the-market" rule for Third Circuit securities cases) ; Kumpis v. Wetterau, No. 83-0362-(C3) (E.D . MO Dec. 1985) (securities fraud class action, case settled in mid-trial) ; Upp v. Mellon, No. 91-5219 (E.D. Pa. 1992) (bench trial, court finds for class of trust beneficiaries in suit against trustee bank and orders disgorgement of fees; Third Circuit later reversed based on lack of jurisdiction) . The firm has the reputation and experience to take a case through verdict and appeal .

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Boston Office

Glen DeValerio Glen DeValerio has prosecuted federal securities law violations, chiefly class and derivative actions, since the early 1970s . A 1969 graduate of the University of Rhode Island, he received his law degree in 1973 from the Catholic University Law School and served on the Catholic University Law Review's editorial board for two years . In 1973 and 1974, he worked as a law clerk to the Honorable June, L. Green, U.S . District Court for the District of Columbia. Mr. DeValerio was admitted to the bar of the District of Columbia in 1974 and to the Massachusetts Bar in 1982 . He has tried cases and argued before appellate and district courts in the District of Columbia, the District o f Massachusetts, Delaware, and elsewhere, earning favorable judicial comment for his work.

Mr. DeValerio frequently lectures on complex securities litigation issues at continuing legal education seminars sponsored by groups like PLI, ALI-ABA, and the Boston Bar Association. He served as the President of the National Association of Securities and Commercial Law Attorneys (NASCAT) from 1996 through 1998 .

Norman Berman Since the creation of the firm in 1982, Norman Berman has focused his activities principally on the complex litigation of cases filed under the federal securities and antitrust laws . Mr. Berman has acted as trial counsel in a number of successful cases, including In Re: ICN Securities Litigation, which was settled after trial for more than $14.5 million in 1996. The trial team's work prompted positive judicial comment.

Mr. Berman graduated from Boston University in 1 970 and from Suffolk University Law School in 1974. He was admitted to practice law in Massachusetts and Connecticut in 1974.

Peter A. Pease Since the mid- I 970s, Peter A . Pease has been litigating cases under the federal antitrust laws, the federal securities laws, and state unfair trade practices laws . Mr. Pease is admitted to practice in Massachusetts, the U .S. District Courts of Massachusetts and the Eastern District of Michigan, and the U .S. Courts of Appeals for the First and Third Circuits. His effective and successful advocacy in courts throughout the nation has elicited favorable judicial comment .

Mr. Pease assisted in the prosecution of many prominent cases, including Bogosian v . Gulf Oil Corp . (trademark tying claims alleging conscious parallelism on the part of the major oil companies) and Salomon Brothers Treasury Litipatian (monopolization and manipulation of the market for U .S, Treasury Securities) . A 1972 graduate of Denver University and a 1976 graduate of Suffolk University Law School, Mr . Pease has writte n 1 1

BOSTON SAN FRANCISCO WEST PALM BEAC H TEL : 800 516-992 6 E-MAIL : LAW@BERMANESQ .COM URi. - W W W , BERMANESQ . COM and lectured in the franchise and antitrust fields . He also has served as an editor of the American Bar Association's Franchise Law Journal . Publications he has authored include "Franchisee and Dealer Terminations and Antitrust Exposure : Spray-Rite and Evidentiary Standards in the 80s," Vol . 3, No. 4, Journal of the American Bar Association Forum Committee on Franchising, Spring 1984 .

Jeffrey C. Block Jeffrey C. Block graduated cum laude from the State University of New York at Albany in 1983 and received his J .D. in 1986 from Brooklyn Law School, where he finished in the top 10 percent of his class . He was admitted to the New York Bar in 1987 and is also admitted to practice in Massachusetts . From 1987 to 1995, Mr . Block was associated with the New York law firm of Pomerantz Haudek Block Grossman & Gross, representing shareholders in securities class actions brought under t he federal securities laws and in state court actions involving claims of breaches of fiduciary duties by corporate directors .

A partner at Bennan DeValerio since 1 997, Mr. Block has been one of the firm's lead attorneys on a number of cases, including In Re : Prison Realty Sec. Litig., one of the 10 largest settlements in securities class-action history, and in Re : Digital Lightwave Sec. Liti&, in which the class received more than twice its certified losses after payment of attorneys' fees. He has also represented institutional clients in class actions alleging securities fraud at Xerox and Bristol-Myers Squibb .

Kathleen M. Donovan-Mahe r Kathleen Donovan-Maher became a partner at the firm's Boston office in 1999 and focuses her work in Berman DeValerio's antitrust and securities practices . Ms. Donovan- Maher served as discovery captain in In Re : Nasdaq Antitrust Litigation and was a member of the trial team in In Re: ICN Securities Litigation, which settled for $14 .5 million when the jury deadlocked after a 1996 trial . Ms. Donovan-Maher graduated from Suffolk University in 1988, receiving a B .S. degree in Business Administration, magna cum laude, and earning an award for maintaining the highest grade point average among students with concentrations in Finance . She graduated from Suffolk University Law School three years later after serving for two years on the Transnational Law Review.

Ms. Donovan-Maher was admitted to the Massachusetts Bar in 1991, the United States District Court for the District of Massachusetts in 1992 and the United States Court of Appeals for the First Circuit in 1995 . A frequent author on continuing legal education issues, Ms . Donovan-Maher is a member of Phi Delta Phi ; Delta Mu Delta National Honor Society in Business Administration ; and Omicron Delta Epsilon International Honor Society of Economics .

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BOSTON SAN FRANCISCO WEST PALM B EAC H T EL : 8 00 5 I 6-99 26 E - MAI L : LAW rrBERMANESQ .C OM U RL : WR' W . C3 GRMA T+' ES Q .CO M Michael G. Lange Michael G . Lange became a partner with the firm in 1999 . Until 1994, when he joined Berman DeValerio, he was a member of the defense bar as an attorney with Testa, Hurwitz & Thibeault. Mr. Lange is a 1988 graduate of Swarthmore College, where he received his B.A. degree in Economics, magna cum laude . He graduated cum laude from Harvard Law School in 1991 . He was admitted to the Massachusetts Bar in 1991 and the U.S. District Court for the District of Massachusetts in 1992 . He is also admitted in the U.S . District Court of Colorado and the 1 S`, 3rd and 1 pth Circuit Courts of Appeal .

Mr. Lange has been involved in numerous class action cases on behalf of shareholders, insurance policyholders, and consumers . He was a member of the trial team in In Re : Bingen, Inc . Securities Liti~, the first securities class action tried in Massachusetts in nearly a decade . He was a co-chair and featured speaker for the February 2001 Class Action Litigation Summit in Washington, D .C., chair of the June 2001 MCLE Seminar "Class Action Practices in Massachusetts and Federal Court," and co-chair of the May 2002 BBA Seminar "The Life Cycle of a Class Action ." He has spoken at investor conferences and serves as co-chair of the Boston Bar Association Class Action Committee. He is currently Vice President of the National Association of Shareholder and Consumer Attorneys (NASCAT), as well as a member of the Executive Committee, and previously served as the head of the media committee for the organization . He has written extensively on class action issues for professional and popular publications and has been quoted frequently in the national press.

Leslie R. Stern Leslie R. Stern earned a B .S . degree in Finance from American University in 1991 and graduated, cum laude, from Suffolk University Law School in 1995 . While at Suffolk, Ms . Stern served on the Suffolk University Law Review's editorial board and authored three publications . She was admitted to the Massachusetts Bar in 1995 . Before joining the firm, Ms . Stern practiced general civil litigation . She became associated with Berman DeValerio in 1998 and was named partner in 2003 . Ms. Stern focuses her practice on securities litigation .

San Francisco Office

Joseph J. Tobacco, Jr. The managing partner of the firm's San Francisco office, Mr . Tobacco has actively litigated antitrust, securities fraud, commercial high tech, and intellectual property matters since the 1970s. He is a member of the bar in California, where he began his legal career, and is also a member in good standing of the bars of New York, Massachusetts, and the District of Columbia. Since entering private practice in the 1980s, Mr . Tobacco has served as triol or lead counsel in numerous antitrust and securities cases and has been involved in all aspects of state and federal securities and antitrust litigation.

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BOS T ON SAN F R ANCISCO W E ST PAL M BEAC H TEL : 800 5 7 6-9926 E-MAIL : LAWCBERMANESQ .COM UR L ; WWIV .BE R MAN E SQ .COM Until I981, he served as senior trial attorney for the U. S . Department of Justice, Antitrust Division, in both the Central District of California and the Southern District of New York. In that capacity, he had major responsibility for several criminal and civil matters including the antitrust trial of the U.S. v. IBM. He is a former teaching fellow of the Attorney General's Advocacy Institute in Washington, D .C., and has served on the faculty of ALI-ABA on programs about U .S .-Canadian business litigation and trial of complex securities cases . Author of numerous articles on securities and antitrust law issues, he is a member of the Advisory Board of the Institute for Consumer Antitrust Studies at Loyola University Chicago School of Law .

Christopher T . Heffelfinger Christopher T. Heffelfinger is a 1984 graduate of the University of San Francisco School of Law, where he was a member of the law review . He graduated from Claremont Men's College in 1977 with a B .A. in Economics. He has an AV rating from Martindale-Hubbell, He specializes in corporate, securities, derivative and antitrust litigation, and has acted as a principal attorney in a number of such cases. Prior to joining the firm, he was associated with the San Francisco firm of Gold & Bennett from 1990 to 1994, where he practiced securities and bankruptcy litigation . Before that, he practiced securities litigation and bankruptcy law for five years with a small firm in Morin County with an emphasis on Chapter 11 reorganizations, representing both debtors and creditors. He has litigated securities cases involving real estate limited partnerships, the mortgage banking and insurance industries, and companies engaged in the high-tech arena where the allegations involved both non-disclosed product problems and accounting fraud issues .

Mr. Heffelfinger has also lectured on discovery as a panelist in the Federal Court Northern District of California Practice Program . In addition, he served as a Captain (infantry) in the U .S . Marine Corps from 1990-1991, when he was recalled to active duty in support of Operations Desert ShieldlStorm .

Nicole Lavallee Nicole Lavallee is a 1989 graduate of the French Civil Law School at Universite de Montreal in Canada. In 1991, she was admitted to the Quebec Bar (currently inactive) and obtained her Common Law degree from Osgoode Hall Law School in Toronto . After graduating from Osgoode, Ms . Lavallee worked for the Toronto firm of McDonald & Hayden where she co-authored two feature articles in Foreign Investment in Canada : A Guide to the Law: "Protecting Our Struggling Artists : The Canadian Content Rules in Radio Broadcasting" and "An Analysis of Social Democratic Corporate Phobia in Canada ."

Ms . Lavallee joined the firm shortly after being admitted to the California Bar in 1993 and was elevated to partner in 2002 . She currently practices complex litigation including securities, corporate, and environmental litigation . Ms . Lavallee is fluent in French.

Sharon T. Maier Sharon T. Maier joined Berman DeValerio's San Francisco office in 2001 and concentrates her activities in the firm's antitrust law practice . She graduated from the University of South Carolina in 1971 and received her J.D., magna cum laude, from the 1 4

BOSTON - SAN F R ANCISCO WEST PALM B EAC H TEL : 800 5 1 6 .9 9 2 6 - E-MAIL : LA W @ B E R M ANES Q .C4 M URL : WWW . B E R M AN ES Q .C OM University of San Diego in 1989, where she was lead articles editor of San Diego Law Review. Admitted to the State Bar of California in 1989 and to the District of Columbia Bar in 1992, she has been a member of the San Diego County, Federal, and American Bar Associations, as well as the Enright Inn of Court and California Women Lawyers .

From 1997 to 1999, she served on the Board of Governors of Consumer Attorneys of California. She has co-chaired the Rule 23 subcommittee of the ABA Litigation Section's Committee on Class Actions and Derivative suits and is on the faculty of the 2001 National Class Action Institute . She has written and lectured widely on Rule 23 and on discovery of electronic evidence in complex litigation. Before joining Berman DeValerio, she was a partner with the law firm of Milberg Weiss Bershad Hynes and Lerach, LLP.

West Palm Beach Offic e

C. Oliver Burt, II I C. Oliver Burt, a partner in the West Palm Beach office, launched his legal career with a major Philadelphia law firm . In 1971, he began prosecuting white-collar criminal cases as an assistant U .S. attorney for the Eastern District of Pennsylvania and, two years later, was appointed chief of the Civil Division of the United States Attorney's Office . He later returned to private practice in Philadelphia, focusing primarily on antitrust, unfair competition, and securities cases. He also briefly served as a special assistant U .S . attorney .

Mr. Burt has extensive litigation experience . He was trial co-counsel for plaintiffs in Peil v. Speiser, and argued the appeal . In its landmark opinion in that case, the Third Circuit adopted the "fraud-on-the-market" presumption of reliance as the law of the Circuit . Mr . Burt also argued numerous appeals in class action cases in the Third, Eighth, an d Eleventh Circuits and in the Delaware Supreme Court. He is a member of the Florida and Pennsylvania Bars and is admitted to practice before the Supreme Court of the United States. Mr. Burt graduated from Swarthmore College in 1964 and from the Law School of the University of Pennsylvania in 1967 .

Michael J. Pucillo Michael J. Pucillo is the managing partner of the firm's West Palm Beach office. A member of the Florida Bar since 1978, he is admitted to practice before the United States Court of Appeals for the Fifth and Eleventh Circuits, and the United States District Courts for the Southern and Middle Districts of Flor ida and the District of Arizona. He has been active in numerous class actions and shareholder derivative actions throughout the United States since 1989 . He acted as sole lead counsel in In Re: UCAR International, Inc . Securities Litigation, Case No. 98-CV-0600-JBA.(D. Conn.), an action in which the Florida State Board of Administration was the lead plaintiff . That action settled in 2000 for a $40 million cash payment and the right to appoint a new member to UCAR's Board of Directors, one of the first times such significant corporate governance relief was achieved as part of a securities class action . 1 5

B OSTON SAN FRANCIS C O WEST PALM B E AC H TEL : 800 516-9926 E-MAIL : LAWnpERMANESQ . COM URL : WWW . E3LRMANESQ . COtd A graduate of Williams College (1975) and Georgetown University Law School (1978), Mr. Pucillo worked as law clerk to two federal judges before serving as an enforcement attorney with the U.S . Securities and Exchange Commission in Washington . Mr. Pucillo has lectured frequently on class actions and litigation. In 1994, he became a member of the faculty of the College of Advanced Judicial Studies ("AJS"), where he taught "Managing the Complex Civil Case" to Florida circuit court judges in 1994 and in 1996. He taught again at the 2002 AJS . A member of the Academy of Florida Trial Lawyers, he has lectured for the Academy on class actions and on recent developments i n commercial and business tort litigation . He served as president of the Gold Coast Chapter of the Federal Bar Association during 1989-1990, and served from 1994 to 1997 as chairman of the Palm Beach County Bar Association Federal Court Practice Committee . He also appeared on the PBS Nightly Business Report on issues relating to investor fraud .

Wendy H. Zoberman Wendy Zoberman is admitted to practice before the United States District Court for the Middle and Southern Districts of Florida, as well as all Florida State Courts . Ms . Zoberman is a 1981 graduate of Wellesley College, where she was a Durant Scholar, and was elected to the Phi Beta Kappa Society . She received her law degree from Columbia University in 1984 . At Columbia she served as an Articles Editor of the Columbia University - Volunteer Lawyers for the Arts Journal of Art and the Law and is a co- author of "An Introduction to the New York Artists' Authorship Rights Act," appearing at Vol. 8, No. 3 Columbia - VLA Journal of Art and the Law 369 .

Ms. Zoberman has practiced law in Florida since 1984, originally concentrating on First Amendment litigation and commercial litigation . Since 1990, Ms. Zoberman has prosecuted numerous securities class actions and shareholder derivative actions both throughout Florida and in other jurisdictions, including In Re : John Alden Financial Corp. Securities Litigation, Ehrenreich, et at. v . Sensormatic Electronics Corp. and In Re: Brothers Gourmet Coffees, Inc . Securities Litigation . She was also instrumental in the prosecution of In Re: UCAR International, inc. Securities Litigation .

R. Scott Palmer Scott Palmer, a graduate of the University of Michigan and a 1976 honors graduate of the University of Miami School of Law, began his career as an assistant state attorney in Orlando, Florida. From 1976 to 1979, he served as a misdemeanor and fe lony trial attorney as well as a legal advisor to the Organized Crime Strike Force . In 1980, Mr. Palmer was appointed chief field counsel for the Florida Department of Law Enforcement and later became director of executive investigations, responsible for the security of Florida's governor and internal affairs at the Department of Law Enforcement . In 1982, then-Gov. Bob Graham appo inted him chief prosecutor of the Statewide Grand Jury, a post he held until 19$6 . After two years in private practice, Mr . Palmer was appointed an assistant attorney general for the Antitrust Section of the Economics Crimes Litigation Unit, handling all major antitrust litigation for Florida, including trials . 1 6

B OSTO N SAN FRA N CISCO W EST PALM BEAC H TEL : 800 51 6-9926 E-MAIL : L A W Q B E R MEA IVE S Q .CO M U R L : WWW . BERMANF. S Q .C OM Mr. Palmer has continued to represent Florida since joining Berman DeValerio's West Palm Beach office in 1997 . He is a member of the Florida Bar and the bars of the Eleventh Circuit Court of Appeals, Northern, Middle, and Southern Districts of Florida . A certified Circuit Court mediator, he has authored a law review article on statewide prosecution and a chapter on unfair trade practices in Matthew Bender's "Florida Forms of Jury Instruction ." In addition, Mr . Palmer has taught litigation skills at the Florida State University College of Law and has studied antitrust law under Philip Areeda at Harvard Law School .

ASSOCIATES

Bos ton Office

Colleen M. Co nners Colleen M . Conners graduated, cum laude, from Boston College in 1999 with a B .A. in History. Ms. Conners earned a J.D., cum laude, from Suffolk University Law School in 2002, where she served as an editor for the Suffolk University Law Review. Ms. Conners was admitted to the Massachusetts Bar in 2002 and the U .S District Court for the District of Massachusetts in 2003 .

Prior to joining Berman DeValerio Pease Tobacco Burt & Pucillo, Ms . Conners was a staff attorney for the Victim Rights Law Center in Boston, where she represented sexual assault victims in employment, housing, education, privacy and criminal justice matters . She also practiced corporate litigation and labor and employment law at Mintz Levin Cohn Ferris Glovsky & Popeo. Ms . Conners focuses her work in the firm's securities litigation practice .

Patrick T. Egan Patrick T. Egan received a B .A. in Political Science, cum laude, from Providence College in 1993 . In 1997, Mr. Egan graduated cum laude from Suffolk University Law School . Mr. Egan served on the editorial board of the Suffolk University Law Review and authored a Note entitled : "Virtual Community Standards : Should Obscenity Law Recognize the Contemporary Community Standard of Cyberspace," 30 Suffolk University Law Review 117 (1996). Mr. Egan was admitted to the Massachusetts Bar in 1997, the Connecticut Bar in 1998 and the New York Bar in 1999 .

Mr. Egan came to the firm from the U.S. Department of Labor, where he served as an attorney advisor with the Office of Administrative Law Judges. He became associated with the firm in 1999 and focuses on securities l itigation.

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BOSTON SAN FRANCISCO WEST PALM BEAC H TEL : 800 516 .992 6 E-MAIL : LAWQBERMANESQ . COM URL : WWW .BERMANESQ .COM Joseph C. Merschman Joseph C. Merschman earned a BBA in Accounting in 1998 from the University of Iowa . In 2001, Mr. Merschman graduated from the University of Connecticut School of Law, where he was articles editor for the Connecticut Law Review. Mr. -Merschman was admitted to the Massachusetts and Connecticut Bars in 2002 .

Prior to joining Berman DeValerio in 2003, Mr. Merschman was a law clerk for the Honorable Judge Richard Roberts in the U .S. District Court for the District of Columbia . Mr. Merschman is also a former law clerk of Connecticut Supreme Court Justice Christine Vertefeuille and a summer/fall associate at the law firm of Rogin, Nassau, Caplan, Lassman & Hirtle, LLC.

Julie A. Richmond Julie A. Richmond graduated magna cum laude from Tufts University in 1995 with a B.A. in Economics. In 1998, Ms. Richmond received her J.D. from the American University Washington College of Law, summa cum laude, where she served as an Articles Editor on the American University Law Review . Ms. Richmond has been a member of the Massachusetts Bar since 1998 and was admitted to practice before the U.S . District Court for the District of Massachusetts in 1999 .

Prior to joining Berman DeValerio Pease Tobacco Burt & Pucillo, Ms . Richmond practiced securities litigation and corporate law at Goodwin Procter LLP . She focuses her activities in the firm's securities litigation practice .

Nicole R. Starr Nicole R. Starr earned a B .A., magna cum laude, in Political Science and a minor in Spanish in 1999 from Providence College . In 2002, Ms . Starr graduated, summa cum laude, from Suffolk University Law School, where she served as an Associate Production Editor for the Suffolk University Law Review and authored an article entitled : "The Curtailment of the Doctrine of Equivalents : Courts Emphasize the Public Notice Function of Patent Claims," 3 5 Suffolk U.L. Rev. 323 (2001). While at law school, Ms . Starr received the Best Brief and Best Oral Advocate Award in the First Year Legal Practice Skills Program and the Jurisprudence Award for Civil Procedure and Commercial Paper . In 2001, Ms. Starr was a summer associate at the Boston firm of Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P .C., where she researched and prepared memoranda on a variety of legal matters, including litigation, corporate, real estate, and trusts and estates issues. Ms. Starr was admitted to the Massachusetts Bar in 2002 .

Ms. Starr joined Berman DeValerio Pease Tobacco Burt & Pucillo in 2002 and focuses her practice on securities litigation .

Bryan A. Wood Bryan A. Wood graduated, cum laude, from the University of Massachusetts in 1991 with a B.A. in Sociology . In 1995, he earned an M.S ., summa cum laude, in Public Policy from the Eagleton Institute of Politics at Rutgers University and graduated, cum laude, 1 8

BOSTON SAN FRANCISCO WEST PALM BEAC H TE L : 800 51 6- 99 26 E- M A I L : L A W S B E RM A N E SQ .C OM U R L ; WWW .BE RM A N E SQ .COM from the Temple University School of Law in 1998 . While at law school, Mr . Wood was the Managing Editor of the Temple Law Review and a board member of the Temple Law Moot Court Honor Society . Mr. Wood was admitted to the Pennsylvania bar in 1998 and the Massachusetts bar in 2001 . He was also admitted to the U .S . District Court for the Districts of Pennsylvania in 1998, the U .S . District Court for the District of Massachusetts in 2001, and the U .S . Circuit Court of Appeals for the Third Circuit in 1998. Mr. Wood is a member of the Boston and American bar associations .

Prior to joining Berman DeValerio Pease Tabacco Burt & Pucillo, Mr . Wood was a litigation associate at both Montgomery McCracken Walker & Rhoads in Philadelphia, and Schrader Harrison Goldstein & Manello in Boston, where he represented corporations and directors in shareholder and other class action lawsuits as well as businesses and municipalities in general contract and employment discrimination cases . Mr. Wood focuses his activities in the firm's securities litigation practice .

San Francisco Offic e

Julie J. Bai Julie J. Bai earned a B.S. in Economics and a minor in Japanese in 1995 from the University of Pennsylvania, Wharton School of Business. In 2003, Ms . Bai received her J.D. from the University of California, Davis, School of Law . While in law school, Ms . Bai worked on family law matters with low-income victims of domestic violence at the Family Protection Clinic in Woodland, California . Ms. Bai was admitted to the California Bar in 2003. She is a member of the American Bar Association ,

Ms. Bai is also a Certified Public Accountant and has worked as a business assurance associate and senior tax accountant at two major public accounting firms . Ms. Bai joined Berman DeValerio as an associate in 2004.

Elizabeth C. Guarnieri Elizabeth C. Guarnieri graduated from Rider University in 1995 with a B .A. in Political Science. In 1998, she received her J.D. from Rutgers University School of Law. She is a member in good standing of the bars of California, New Jersey, and Pennsylvania . Ms. Guarnieri serves on the Board of Directors for the Meiklejohn Civil Liberties Institute. She is also a member of the American Bar Association, the California Bar Association, and the National Lawyers Guild.

Prior to joining the firm, Ms . Guarnieri was associated with the law firm Lexington Law Group, where her practice focused on complex civil litigation . She concentrates her activities in the firm's securities fraud and antitrust litigation practices .

Kristin J. Madigan Kristin J. Madigan earned a B.A. with high honors in Politica l Science and a minor in Spanish Literature fro m the University of California, San Diego, in 1999 . In 2004, Ms. 1 9

BOSTON SAN FRANC I SCO WEST P AL M BEAC H TEL : 800 51 6 -99 2 6 E- MA I L : L AWreBERMA IJESQ .C OM URL : WWW .BERMANESQ .COM Madigan received her J.D. from the University of California, Berkeley, School of Law (Boalt Hall). During law school, Ms . Madigan was an editor to the Berkeley Journal of International Law, and a member of the International Human Rights Law Clinic . Ms. Madigan was admitted to the California Bar in 2004 and joined Berman DeValerio as an associate that year.

Todd A. Seaver Todd A. Seaver graduated magna cum laude from Boston University in 1994 with a B .A . in International Relations . He earned a M.Sc. from the London School of Economics in 1995 and graduated cum laude from the American University Washington College of Law in 1999 . While in law school, Mr . Seaver worked as a law clerk at the Federal Trade Commission's Bureau of Competition, as a judicial extern for the Honorable Ricardo M. Urbino of the U.S . District Court for the District of Columbia, and as a law clerk in the antitrust practice group in the law firm Morgan, Lewis & Bockius .

Mr. Seaver was admitted to the New Hampshire Bar in 1999 and to the Massachusetts Bar in 2000, and is a member of the American Bar Association's Antitrust Section . Mr. Seaver joined the firm in 2000 and focuses his practice on both antitrust litigation and securities litigation .

Michael W. Stocker Michael W. Stocker graduated from the University of California at Berkeley in 1989 with a B .A. with a Distinction in Oriental Languages . In 1995, he received his J .D. from University of California, Hastings College of the Law . While in law school, he served as judicial extern to U.S. Magistrate Judge (now District Judge) Phyllis Hamilton . In 2000 he was awarded a Master of Criminology degree from the Law Faculty of the University of Sydney.

Prior to joining Berman DeValerio, Mr. Stocker served as a staff attorney in the civil and motions divisions of the Office of the Staff Attorneys at the United States Court of Appeals for the Ninth Circuit. He also served as an adjunct instructor of legal writing and research and moot court at Hastings College of the Law. From 2000 to August of 2003 Mr. Stocker was associated with the firm of Zelle, Hofmann, Voelbel, Mason, and Gette LLP, where he specialized in commercial litigation .

West Palm Beach Offic e

Kyle G . DeValerio Kyle G. DeValerio graduated from Colby College in 1999 with a B .A . in Government . In his junior year, he studied at the London School of Economics and Political Science, concentrating in European politics and the English legal System, Mr . DeValerio received his J.D. from the Suffolk University School of Law in 2004 .

Prior to joining Berman DeValerio Pease Tobacco Burt & Pucillo as an associate, Mr . 20

BOSTO N SAN FRANCISCO WEST PAL M BEAC H TEL : 800 5 1 6-9926 E-MAIL : L A IV QB E RMANES Q . C O M U RL : WWW . B L RMA N E S Q .C Otv1 DeValerio worked as a legal intern in the Civil Division of the United States Attorney's Office in Boston and as a law clerk and paralegal in the firm's Boston office . Mr. DeValeria focuses his practice on securities litigation .

Manuel J. Dominguez Manuel Dominguez graduated with honors from the Florida State University Law School in 1995 and was a member of the Transnational Journal of Law and Policy. He received his undergraduate degree from Florida International University in 1991 . Mr. Dominguez is admitted to practice law in the State of Florida as well as the United States District Courts for the Northern, Middle, and Southern Districts of Florida .

Mr. Dominguez served as an assistant attorney general with the State of Florida from 1995 to 1997 in the Department of Economic Crimes . He participated in the prosecution and investigation of corporations and business entities for violations of Florida's RICO statute, Florida's antitrust statute and Florida's Unfair and Deceptive Trade Practices Act. In private practice from 1997 through 2000 Mr . Dominguez litigated and tried cases involving Florida's Unfair and Deceptive Trade Practices Act, the Florida Consumer Collection Practices Act, Federal Debt Collection Practices Act, and Truth In Lending .

Jay W. Eng Jay W. Eng graduated from Florida State University in 1994 with a B .S. in Economics. In 1998, he graduated from Tulane Law School with a J.D. and certificate of specialization in maritime law. He was awarded the book award for the top grade in Contracts II -- the Uniform Commercial Code . He also served as a Notes and Comments Editor to the Tulane Maritime Law Journal and authored a note entitled, "The `Something More' Requirement under Section 5(b) of the Longshore Act : Singleton V. Guangzhou Ocean Shipping Co .," 21 Tul. M. L.J. 205 (1996) . Jay is a member of the Florida Bar, the Southern District of Florida, Middle District of Florida, Northern District of Florida, and the Eleventh Circuit Court of Appeals .

Prior to joining the firm, Jay was a commercial litigation associate at a major Florida law firm. He also served a judicial law clerk to Magistrate Judge Ann E . Vitunac, United States District Court for the Southern District of Florida, and as a trial court law clerk to the Fifteenth Judicial Circuit Court in and for the State of Florida .

Marc J. Greenspon Marc J. Greenspan graduated from the State University of New York at Buffalo in 1999 with a B .A in Political Science and received a J .D. from Nova Southeastern University in 2002. Mr. Greenspon authored an article entitled, Securities Arbitration: Bankrupt, Bothered & Bewildered, 7 STAN . J.L . Bus.& FIN . 1 31(2002). He was admitted to the Florida Bar in 2002. In 2003, he received an LL .M. in Securities & Financial Regulation at Georgetown University Law Center . He joined Berman DeValerio that same year.

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BOSTON SAN FRANCISCO WEST PALM BEAC H TEL : 800 518-9926 E-MAIL : LAW@BERMANESQ .COM URL : WWW .BERMANESQ .COM Of Counsel Anne F. Jacobs Anne Jacobs, of counsel to the firm, was admitted to the New York bar in 1987 and the Florida Bar in 1995 . She obtained her B .A ., summa cum laude and Phi Beta Kappa, from the University of Pennsylvania in 1983 . She received her J .D. in 1986 from New York University School of Law, where she was an articles editor on the Annual Survey of American Law and authored an article entitled, "Prisoners' Rights : Judicial Deference to Prison Administrators," 1985 Ann. Surv. Am. Law. 325 .

Upon graduating from law school, Ms . Jacobs served as a law clerk for the Honorable Dickinson R. Debevoise, United States District Court for the District of New Jersey . She then served as a research and teaching associate for the Honorable A . Leon Higginbotham, Jr ., of the United States Court of Appeals for the Third Circuit, and later co-authored, with Judge Higginbotham, a law review article entitled, "`The Law Only As An Enemy' : The Legitimization of Racial Powerlessness Through The Colonial and Antebellum Criminal Laws of Virginia," 70 N. C. L. Rev. 969 (1992).

From 1988 to 1991, Ms. Jacobs was as a commercial litigation associate with a major New York law firm. From 1991 to 1996, she was a staff attorney for a federally funded agency in Tallahassee, Florida, where she represented death row inmates in state and federal post-conviction proceedings . From 1996 to 1997, she served as co-director of an agency representing battered women seeking executive clemency . She then taught as an adjunct professor at St . Thomas University Law School in Miami, Florida, and from 1997 until she joined the firm in 2000, she was a central staff attorney at the Fourth District Court of Appeal in West Palm Beach, Florida.

OTHER KEY PERSONNEL

Christopher A. Szechenyi, Directo r of Investi gations Christopher A. Szechenyi is the Firm's d irector of investigations . Prior to joining the firm, he worked for 60 Minutes as a Paris-based producer, investigating stories all over the world for correspondent Mike Wallace. He also has conducted investigations for Dateline NBC, A&E, and the Discovery Channe l and he has contributed stories to the New Yorker magazine and the Boston Globe . During his 25 years in journalism, he received more than two-dozen journalism awards, including two regional Emmys and national recognition from Investigative Reporters and Editors . Among other things, he has exposed of a pattern deadly safety violations on a giant construction project, uncovered design flaws in defibrillators and, most recently, interviewed Osama Bin Laden's half-brother . He earned a B,A, in journalism from Lehigh University in 1975 . Mr. Szechenyi is an adjunct professor of journalism at Emerson Co llege in Boston .

BOSTON SAN F R ANCISCO WES T PALM BEAC H T EL : 800 5I6-9926 E•MA, L : LAIi'rr l3ERMATVESQ .COM URL : WWW .BERMANESQ .COM Harriett Gibbs, Investigative Researche r An investigative researcher, Harriett Gibbs is responsible for conducting database research and assisting the director of investigations . Prior to joining the firm in 2002, she was an investigator with the Middlesex County (Massachusetts) Public Defender's Office . She also worked as a correctional officer at the Chittenden County Regional Correctional Facility in Shelburne, Vermont . Ms . Gibbs earned a bachelor's degree from th e University of Vermont in 1995.

Jeannine M. Scarsciotti, Chief Paralegal Jeannine M . Scarsciotti is Berman DeValerio's senior paralegal and, as such, coordinates portfolio monitoring and loss calculation for institutional clients . Ms. Scarsciotti joined the Firm as a paralegal in 1995. Ms. Scarsciotti attended Bentley College, where she graduated, summa cum laude, in 1995 . She earned a B .S . in Professional Studies and an ABA-Accredited Certificate of Paralegal Studies .

Robert I. Francis, Forensic Accountan t Robert I. Francis graduated from Bentley College with a Bachelor of Science in Accountancy and received a Masters in Business Administration from Northeastern University. Mr. Francis is a Certified Public Accountant . He is a member of the American Institute of Certified Public Accountants, the Massachusetts Society of CPAs, and the East Coast Committee of the National Investment Company Service Association (NICSA).

Mr. Francis has an extensive accounting background . He has worked as an audit senior manager specializing in financial services at KPMG Peat Marwick and PricewaterhouseCoopers LLP, and served as vice president for Global Accounting Policy/External Reporting for State Street Corporation . Mr. Francis also has experience as an independent consultant, providing accounting support services related to compliance requirements of the Sarbanes-Oxley Act of 2002 .

Van C. Khang, Forensic Accountant Van C. Khang graduated from the University of Massachusetts in 1998 with a B .5 in Accounting and Finance . In 1993, Ms. Khang also earned a B.S . in Molecular Biology from the University of Connecticut . Ms. Khang is a Certified Public Accountant in Massachusetts . She has worked as a Manager of Global Investigations and Dispute Advisory for the accounting firm of Ernst & Young . Prior to holding that position, Ms . Khang was a senior consultant and staff auditor for the firm .

BOSTON SAN FRANCISCO WEST PALM BEAC H T e l, ; 800 5 I 6•9926 E-MA IL : LAW aSERMAN E SQ .COM U R L : WWW .BERMANESQ .COM OFFICES

MASSACHUSETTS One Liberty Square Boston, MA 0210 9 Phone : (617) 542-8300 Fax: (617) 542-1194

FLORIDA CALIFORNIA 515 North Flagler Drive, Suite 1701 425 California Street, Suite 2100 West Palm Beach, FL 33401 San Francisco, CA 9410 4 Phone : (561) 835-9400 Phone: (415) 433-3200 Fax : (561) 835-0322 Fax: (415) 433-6382

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BOSTO N SAN F RA N C I SCO WEST PA L M BEAC H T E L : 800 51 6-9926 E-MAIL : l,A WQB E RM A NE S Q .CO M U RL : W WW . H B RMAN E SQ .C OM