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

1 MILBERG WEISS BERSHAD & SCHULMAN LLP 2 JEFF S. WESTERMAN (SBN 94559) ELIZABETH P. LIN (SBN 174663) 3 355 South Grand Avenue, Suite 4170 Los Angeles, CA 90071 4 Telephone: (213) 617-1200 Facsimile: (213) 617-1975 5 STEVEN G. SCHULMAN 6 PETER E. SEIDMAN ANDREI V. RADO 7 One Pennsylvania Plaza New York, NY 10119 8 Telephone: (212) 594-5300 Facsimile: (212) 868-1229 9 WOLF POPPER LLP 10 MARIAN P. ROSNER PATRICIA I. AVERY 11 RENEE L. KARALIAN 845 Third Avenue 12 New York, NY 10022 Telephone: (212) 759-4600 13 Facsimile: (212) 486-2093 14 [Proposed] Lead Counsel for Plaintiffs

15 UNITED STATES DISTRICT COURT 16 NORTHERN DISTRICT OF CALIFORNIA 17 SAN FRANCISCO DIVISION 18 GARY HUNT, Individually and On Behalf of ) Case No. 3:05-CV-00295 (PJH) 19 All Others Similarly Situated, ) ) CLASS ACTION 20 Plaintiff, ) ) DECLARATION OF ELIZABETH P. LIN IN 21 vs. ) SUPPORT OF THE MOTION OF THE ) MCNAUGHT GROUP FOR 22 SILICON STORAGE TECHNOLOGY, INC., ) CONSOLIDATION, APPOINTMENT AS BING YEH, YAW-WEN HU, and JACK K. ) LEAD PLAINTIFF AND APPROVAL OF 23 LAI, ) LEAD COUNSEL ) 24 Defendants. ) DATE: May 16, 2005 ) TIME: 9:00 a.m. 25 ) CTRM: Hon. Phyllis J. Hamilton ) 26 (Additional Captions Set Forth Below) 27 28 DECLARATION OF ELIZABETH P. LIN IN SUPPORT OF THE MOTION OF THE MCNAUGHT GROUP FOR CONSOLIDATION, APPOINTMENT AS LEAD PLAINTIFF AND APPROVAL OF LEAD COUNSEL Case No. 3:05-CV-00295 (PJH) DOCS\270109v1

1 SOPHIA GROBLER, On Behalf of Herself and ) Case No. 3:05-CV-00376 (PJH) All Others Similarly Situated, ) 2 ) Plaintiff, ) 3 ) vs. ) 4 ) SILICON STORAGE TECHNOLOGY, INC., ) 5 JACK LAI, BING YEH, YASUSHI ) CHIKAGAMI and ISAO NOJIMA, ) 6 ) Defendants. ) 7 ) ) 8 ROY TALMO, Individually and On Behalf of All ) Case No. 3:05-CV-00390 (PJH) Others Similarly Situated, ) 9 ) Plaintiff, ) 10 ) vs. ) 11 ) SILICON STORAGE TECHNOLOGY, INC., ) 12 BING YEH, JACK K. LAI, ISAO NOJIMA, and ) YASUSHI CHIKAGAMI, ) 13 ) Defendants. ) 14 ) ) 15 GARY HUNT, Individually and On Behalf of All ) Case No. 3:05-CV-00408 (PJH) Others Similarly Situated, ) 16 ) Plaintiff, ) 17 ) vs. ) 18 ) SILICON STORAGE TECHNOLOGY, INC., ) 19 JACK K. LAI, BING YEH, and YAW-WEN HU, ) ) 20 Defendants. ) ) 21 PAT A. DICINTIO, Individually and On Behalf of ) Case No. 3:05-CV-00708 (PJH) All Others Similarly Situated, ) 22 ) Plaintiff, ) 23 ) vs. ) 24 ) SILICON STORAGE TECHNOLOGY, INC., ) 25 JACK K. LAI, BING YEH, and YAW-WEN HU, ) ) 26 Defendants. ) ) 27

28 DECLARATION OF ELIZABETH P. LIN IN SUPPORT OF THE MOTION OF THE MCNAUGHT GROUP FOR CONSOLIDATION, APPOINTMENT AS LEAD PLAINTIFF AND APPROVAL OF LEAD COUNSEL Case No. 3:05-CV-00295 (PJH) DOCS\270109v1

1 I, Elizabeth P. Lin, hereby declare as follows: 2 1. I am an associate of the law firm of Milberg Weiss Bershad & Schulman LLP 3 (“Milberg Weiss”). I submit this declaration in support of the Motion of Henry A. Ciccarone, Jr., J. 4 David McNaught, Steven Kroff, Shahar Yonay and Parshan Singh Johal (the “McNaught Group”) 5 for consolidation, their appointment as Lead Plaintiff, and approval of their selection of Lead 6 Counsel. 7 2. Attached hereto as Exhibit A is a true and correct copy of the first notice announcing 8 the filing of the class action, on Business Wire on January 21, 2005. 9 3. Attached hereto as Exhibit B are true and accurate copies of the certification of each 10 of the Movants. 11 4. Attached hereto as Exhibit C is a chart detailing Movants’ financial interest in this 12 matter. 13 5. Attached hereto as Exhibit D is the firm resume of Milberg Weiss Bershad & 14 Schulman LLP. 15 6. Attached hereto as Exhibit E is the firm resume of Wolf Popper LLP. 16 I declare under penalty of perjury under the laws of the United States of America that the 17 foregoing is true and correct. Executed March 22, 2005 in Los Angeles, California. 18 /s/ Elizabeth P. Lin 19 ELIZABETH P. LIN

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1 DECLARATION OF SERVICE BY MAIL 2 I, the undersigned, declare: 3 1. That declarant is and was, at all times herein mentioned, a resident of the County of 4 Los Angeles, over the age of 18 years, and not a party to or interest in the within action; that 5 declarant’s business address is 355 South Grand Avenue, Suite 4170, Los Angeles, 6 California 90071. 7 2. That on March 22, 2005, declarant served the DECLARATION OF ELIZABETH P. 8 LIN IN SUPPORT OF THE MOTION OF THE MCNAUGHT GROUP FOR CONSOLIDATION, 9 APPOINTMENT AS LEAD PLAINTIFF AND APPROVAL OF LEAD COUNSEL by depositing a 10 true copy thereof in a United States mailbox at Los Angeles, California in a sealed envelope with 11 postage thereon fully prepaid and addressed to the parties listed on the attached Service List. 12 3. That there is a regular communication by mail between the place of mailing and the 13 places so addressed. 14 I declare under penalty of perjury that the foregoing is true and correct. Executed this 22nd 15 day of March, 2005, at Los Angeles, California. 16 /s/ Ann Marie Genovese 17 ANN MARIE GENOVESE 18

20 21 22 23 24 25 26 27

SILICON STORAGE TECHNOLOGY, INC. SERVICE LIST MARCH 22, 2005

Attorneys for Plaintiffs:

Patrick J. Coughlin, Esq. William S. Lerach, Esq. LERACH COUGHLIN STOIA GELLER Darren J. Robbins, Esq. RUDMAN & ROBBINS LLP LERACH COUGHLIN STOIA GELLER 100 Pine Street, Suite 2600 RUDMAN & ROBBINS LLP San Francisco, CA 94111 401 B Street, Suite 1600 Tel: (415) 288-4545 San Diego, CA 92101 Fax: (415) 288-4534 Tel: (619) 231-1058 Fax: (619) 231-7423

Robert C. Schubert, Esq. Marian P. Rosner, Esq. Juden Justice Reed, Esq. Robert C. Finkel, Esq. Willem F. Jonckheer, Esq. Renee L. Karalian, Esq. Aaron H. Darsky, Esq. WOLF POPPER LLP th SCHUBERT & REED LLP 845 Third Avenue, 12 Floor Two Embarcadero Center, Suite 1660 New York, NY 10022 San Francisco, CA 94111 Tel: (212) 759-4600 Tel: (415) 788-4220 Fax: (212) 486-2093 Fax: (415) 788-0161

Robert Green, Esq. Marc A. Topaz, Esq. GREEN WELLING, LLP Richard A. Maniskas, Esq. th 235 Pine Street, 15 Floor SCHIFFRIN & BARROWAY, LLP San Francisco, CA 94101 280 King of Prussia Road Tel: (415) 477-6700 Radnor, PA 19087 Fax: (415) 477-6710 Tel: (610) 667-7706 Fax: (610) 667-7056

Jason Brodsky, Esq. Robert I. Harwood, Esq. Evan Smith, Esq. Jeffrey M. Norton, Esq. BRODSKY & SMITH, LLC WECHSLER HARWOOD LLP 2 Bala Avenue, Suite 602 488 Madison Avenue Bala Cynwd, PA 19004 New York, NY 10022 Tel: (610) 617-1736 Tel: (212) 935-7400 Fax: (610) 667-9029 Fax: (212) 753-3630

DOCS\269673v1 1

Charles J. Piven, Esq. LAW OFFICES OF CHARLES J. PIVEN, P.A. 401 East Pratt Street, Suite 2525 Baltimore, MD 21202 Tel: (410) 332-0030

Attorneys for Defendants:

Robert P. Varian, Esq. Jonathan B. Gaskin, Esq. Eunice J. Lee, Esq. ORRICK HERRINGTON & SUTCLIFFE LLP The Orrick Building 405 Howard Street San Francisco, CA 94105-2669 Tel: (415) 773-5700 Fax: (415) 773-5759

DOCS\269673v1 2

EXHIBIT D

Firm Résumé 1 Milberg Weiss Bershad & Schulman LLP

THE FIRM’S PRACTICE, ACHIEVEMENTS AND ATTORNEY BIOGRAPHIES

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

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

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

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

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

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

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

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

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

Firm Résumé 2 include Raytheon, Oxford Health Plans (settlements totaling $300 million), and Lucent Technologies ($600 million settlement). In addition, the Firm currently plays major roles in the litigation arising from the two largest scandals in the financial community -- the IPO Securities Litigation, in which the Firm serves as Chair of Plaintiffs’ Executive Committee, and the Mutual Funds Litigation, in which the Firm is Co-Chair of Plaintiffs’ Counsel’s Steering Committee.

The Firm also has leadership positions in many important non-securities cases throughout the country, including its representation of physician groups in the Managed Care Litigation discussed above, and its lead counsel role in a major derivative action on behalf of shareholders of the Walt Disney Company challenging employment and severance matters concerning former Disney president Michael Ovitz, which is currently being tried in Delaware Chancery Court. For more information, please visit www.milbergweiss.com.

JUDICIAL COMMENDATIONS

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

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

NOTEWORTHY CLIENTS

Countless individual investors, funds and institutions are represented by Milberg Weiss including: • The New York State and Local Retirement System. Milberg Weiss was selected by former New York State Comptroller H. Carl McCall and current comptroller Alex G. Hevesi to serve as one of the firms acting as special

Firm Résumé 4 counsel for securities class action and derivative litigation. Milberg Weiss is currently representing the N.Y. State Common Retirement Fund in substantial securities fraud actions against Bayer AG, the Raytheon Corp. and Chubb. • The State of New Jersey Pension Fund. Milberg Weiss was competitively selected by the Treasurer of the State of New Jersey to represent the state’s $86 billion pension fund in its securities litigation against Sears Roebuck & Co. New Jersey was appointed lead plaintiff and Milberg Weiss lead counsel, after hard-fought motion practice. • State of Ohio. In October 2003, the Firm was appointed special securities litigation counsel for the State of Ohio by the Attorney General. Currently, the Firm is representing the Ohio Tuition Trust Authority in the Putnam Mutual Fund litigation currently pending in the District of Maryland. • Commonwealth of Pennsylvania. Milberg Weiss was competitively selected as panel counsel by the Commonwealth of Pennsylvania’s State Employees’ Retirement System, a $28 billion dollar fund. • The Teachers’ Retirement System of The State of Illinois. This $22 billion dollar pension fund appointed Milberg Weiss to serve as monitoring and securities litigation counsel. • Ontario Public Service Employees Union Pension Trust Fund (“OPTrust”). Milberg Weiss is representing OPTrust as Lead Plaintiff in a securities fraud action against Nortel involving accounting fraud and other related misrepresentations. • SEIU Local 144 Nursing Home Pension Fund and Hotel Front Insurance Fund. Milberg Weiss has represented these combined funds in several securities class actions, including actions against Procter & Gamble Company and Microstrategy, Inc., which settled for $48 million and $155 million, respectively. • The Federal Deposit Insurance Corporation. Milberg Weiss represented the FDIC in claims arising out of the failure of the Butcher brothers’ Tennessee banking empire. The case ultimately settled for $425 million after a full jury trial as part of a massive global settlement among the FDIC, RTC and Ernst & Whinney. • The West Virginia Employer - Teamsters Joint Counsel No. 84 Pension Trust and Locals 175 and 505 Pension Trust. Milberg Weiss has recently represented these Taft-Hartley pension funds as Lead Plaintiff in the Lucent Technologies Corp. Securities Litigation, which settled for $600 million. • The Firm represented IBM Corporation with Cravath, Swaine & Moore in class and derivative suits asserted against IBM in New York courts. The derivative litigation has been dismissed and the class litigation was defeated on a motion for summary judgment, thereafter sustained on appeal. • In addition, the Firm has represented individuals, governmental entities and major corporations including CBS Corporation; T.V. Azteca, Mexico’s second largest television network; Phar-Mor, Inc., formerly a nationwide discount pharmacy chain, and others in complex financial litigation.

PROMINENT CASES

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

Firm Résumé 5 misconduct), and certain former executives of Rite Aid claims and which resulted in a recovery exceeding $4 ($1.6 million). billion for Prudential policyholders. The settlement was • In re Scheiner v. i2 Technologies, Inc., Civ. No. approved in a comprehensive decision handed down by 3:01-CV-418-H (N.D. Tex.). May 2004 settlement of the Third Circuit. Milberg Weiss has led the litigation $84.85 million with i2 Technologies and certain of numerous other class actions involving alleged individual defendants. Case alleged securities fraud churning practices by other insurance companies and against defendants relating to company’s software their agents, recovering billions of dollars in actions product descriptions and alleged violations of Generally against major insurers, including MetLife, American Accepted Accounting Principles. Express/IDS, New York Life, ManuLife and John Hancock. • In re Initial Public Offering Securities Litigation, 21 MC 92 (S.D.N.Y.). The Initial Public Offering • In In re NASDAQ Market-Makers Antitrust Securities Litigation consists of 309 separate class Litigation, MDL 1023 (S.D.N.Y.), Milberg Weiss actions involving more than 300 IPOs marketed between served as court-appointed co-lead counsel for a class of 1998 and 2000. The actions are coordinated for pre-trial investors. The class alleged that the NASDAQ market- purposes before U.S. District Court Judge Shira A. makers set and maintained wide spreads pursuant to an Scheindlin in the Southern District of New York. The industry-wide conspiracy in one of the largest and most defendants consist of the companies brought public, important antitrust cases in recent history. After three certain of their officers and directors and 55 of the and one half years of intense litigation, the case was investment banks that brought them public and settled for a total of $1.027 billion, the largest antitrust underwrote various follow-on offerings. The lawsuits settlement ever. generally allege that the IPOs of these companies were • In re Washington Public Power Supply System manipulated by the investment banks to artificially Securities Litigation, MDL 551 (D. Ariz.). A massive inflate the market price of those securities and to conceal litigation in which Milberg Weiss served as co-lead the amounts of compensation actually received by the counsel for a class that obtained settlements totaling underwriters and that these efforts were not disclosed to $775 million after several months of trial. the investing public. A proposed settlement between the • In In re American Continental Corp./Lincoln issuer defendants and their directors and officers and the Savings & Loan Securities Litigation, MDL 834 (D. plaintiffs has been preliminarily presented to the Court Ariz.), Milberg Weiss served as the court-appointed co- for review. The settlement would guarantee at least (or lead counsel for a class of persons who purchased the first) $1 billion dollars to investors who are class debentures and/or stock in American Continental Corp., members from the insurers of the issuers. The $1 billion the parent company of the now-infamous Lincoln guarantee is subject to reduction by potential recoveries Savings & Loan. The suit charged Charles Keating, from the 55 Underwriter Defendants against whom the other insiders, three major accounting firms, three major cases will continue. A preliminary hearing has yet to be law firms, Drexel Burnham, Michael Milken and others scheduled by the Court. Recently, Judge Scheindlin with racketeering and violations of securities laws. granted plaintiffs’ motions for class certification in six Recoveries totaled $240 million on $288 million in class actions against the Underwriter Defendants, which losses. A jury also rendered verdicts of more than $1 were selected to serve as test cases. billion against Keating and others. • In In re Mutual Funds, Milberg Weiss has been • In re Exxon Valdez, No. A89-095 Civ. (D. Alaska) appointed as the co-chair of the plaintiffs’ counsel’s and In re Exxon Valdez Oil Spill Litigation, 3 AN-89- steering committee, which is responsible for prosecuting 2533 (Alaska Super. Ct. 3d Jud. Dist.). Milberg Weiss this ground-breaking litigation involving timing and late is a member of the Plaintiffs’ Coordinating Committee trading allegations against (and on behalf of) more than and co-chair of Plaintiffs’ Law Committee in the 16 mutual fund families and affiliated entities. Pursuant massive litigation resulting from the Exxon Valdez oil to an order by the Panel for Multidistrict Litigation, spill in Alaska in March 1989. A jury verdict of $5 these cases are proceeding before four judges in the billion was obtained and is currently on appeal. District of Maryland. As co-chair, Milberg Weiss is responsible for overseeing a steering committee • In In re Managed Care Litigation, MDL 1334 (S.D. comprised of approximately 10 firms which are working Fla.). Final approval of a settlement between a together to prosecute this highly complex litigation. nationwide class of physicians and defendant CIGNA Healthcare valued in excess of $500 million dollars was • The Firm was lead counsel in In re Prudential granted on April 22, 2004. A similar settlement valued Insurance Co. Sales Practice Litigation, Civ. No. 95- in excess of $400 million involving a nationwide class 4707 (AMW) (D.N.J.), a landmark case which of physicians and Aetna was approved by the Court on concerned securities claims as well as common law

Firm Résumé 6 November 6, 2003. The settlements stem from a series Weiss acted as lead counsel for the asbestos personal of lawsuits filed in both state and federal court by injury and property damage committees in two separate physicians and medical associations currently pending fraudulent conveyance actions within the W.R. Grace against many of the nation’s largest for-profit health bankruptcy. The actions sought to return the assets of insurers arising from conduct involving issues dating Sealed Air Corporation and Fresenius Medical Care back to 1990. These settlements bring sweeping Holdings (each of which had been Grace subsidiaries changes to the health care industry and involve pre-bankruptcy) to the W.R. Grace bankruptcy estate. improvements to physician-related business practices Complaints in both cases were filed in mid-March 2002, and provide for the establishment of an independent and agreements in principle in both cases were reached foundation dedicated to improving the quality of health on November 27, 2002, the last business day before trial care in America. was set to begin in the Sealed Air matter. The total of • In re Baldwin United Annuity Litigation, No. M-21- the two settlements, which consisted of both cash and 35 (S.D.N.Y.). Milberg Weiss served as co-lead counsel stock, was approximately $1 billion. in this consolidated proceeding on behalf of purchasers • In re Kruman v. Christie’s International, PLC, 284 of annuities that was settled for over $160 million. No. 01-7309 (S.D.N.Y.), resulted in the first U.S. Court • In re MicroStrategy, Inc. Securities Litigation, No. of Appeals holding that antitrust class actions on behalf 00-473-A (E.D. Va.). Milberg Weiss served as co-lead of all purchasers injured worldwide can be brought in counsel in this action, which alleged securities fraud U.S. courts under U.S. law when an antitrust conspiracy based on a massive restatement. Settlements with the has sufficient effects in the U.S. Decided in March 2002; defendants totaled in excess of $150 million. led to successful settlement in 2003 of claims against Christie’s and Sotheby’s on behalf of purchasers and • In re Sunbeam Securities Litigation (No. 98-8258) sellers at auctions outside the U.S. (S.D. Fla) Milberg Weiss acted as co-lead counsel for the class. Plaintiffs alleged that Sunbeam, its auditor, • In re Tyco International Ltd., Securities Litigation, and its management engaged in a massive accounting MDL Docket No. 02-1335-B (D.N.H.). Milberg Weiss fraud which led to a restatement of over three years of is co-lead counsel in this litigation, which involves previously reported financial results. The Court claims under the Securities Act of 1933 and the approved a combined settlement of over $140 million. Securities Exchange Act of 1934 against Tyco and its The settlement amount included a $110 million former CEO, CFO, general counsel and certain former settlement with Arthur Andersen, LLP, Sunbeam’s directors that arise out of Tyco’s $5.8 billion auditor. The Andersen settlement is one of the largest overstatement of income and $900 million in insider amounts ever paid by a public accounting firm to settle trading, plus hundreds of millions of dollars looted by claims brought under the federal securities laws. The insiders motivated to commit the fraud. Claims are also settlement with the individuals was achieved on the eve made under the 1933 and 1934 Acts against of trial, and ended almost four years of litigation against PricewaterhouseCoopers, LLP, which is alleged to have Andersen and Sunbeam’s insiders, including Albert published false audit opinions on Tyco’s financial Dunlap, Sunbeam’s former Chairman and CEO. The statements during the Class Period and to have failed to settlement included a personal contribution from Dunlap audit Tyco properly, despite knowledge of the fraud. In of $15 million. October 2004, the Court sustained the vast majority of plaintiffs’ claims against Tyco and its former senior • In In re Computer Associates Securities Litigation, officers (Dennis Kozlowski, Mark Swartz, Mark Belnick Nos. 98-CV-4839, 02-CV-1226 (TCP) (E.D.N.Y.), and Frank Walsh), with the exception of one director, as Milberg Weiss served as co-lead counsel and obtained a well as Tyco’s auditor, PwC. pretrial settlement valued at over $134 million in these securities fraud class actions. • In re Nortel Networks Corp. Securities Litigation, Civ. No. 01-CV-1855-RMB (S.D.N.Y.). This federal • In In re IKON Office Solutions, Inc. Securities securities fraud class action was commenced in February Litigation, MDL 1318, Docket No. 98-4286 (E.D. Pa.), 2001 against Nortel Networks Corp. and certain of its Milberg Weiss served as co-lead counsel and obtained a officers and directors. In February 2002, Milberg Weiss pretrial settlement of $111 million in this securities was appointed to serve as sole Lead Counsel for the fraud class action. Class and for the Court-appointed Lead Plaintiff, the • In In re W.R. Grace & Co. (Official Committee of Trustees of the Ontario Public Service Employees’ Asbestos Personal Injury Claimants v. Sealed Air. Union Pension Plan Trust Fund. In January 2003, the Corp. and Official Committee of Asbestos Personal Court sustained the Complaint in its entirety, denying Injury Claimants v. Fresenius Medical Care Holdings, defendants’ motion to dismiss and, in September 2003, Inc.), Nos. 02-2210 and 02-2211 (D. Del.), Milberg certified a Class. In certifying the Class, the Court

Firm Résumé 7 specifically rejected defendants’ argument that those 30, 2000 through August 14, 2002), defendants (and in who traded in Nortel securities on the Toronto Stock particular, Vivendi’s former CEO and Chairman, Jean- Exchange (and not the New York Stock Exchange) Marie Messier, and Vivendi’s former CFO, Guillaume should be excluded from the Class. The Second Circuit Hannezo) reported strong revenue and earnings, and denied defendants’ attempted appeal. portrayed Vivendi as a company that was generating • In re Xerox Securities Litigation, No. 3:99-CV-2374 sufficient cash flow to satisfy its debt obligations on (AWT) (D. Conn.) and Carlson v. Xerox Corp., No. approximately $21 billion in debt that it had amassed in 3:00-CV-1621 (AWT) (D. Conn.). Milberg Weiss was connection with financing its acquisition binge. appointed co-lead counsel in both of these cases. The However, plaintiffs allege that Vivendi’s operations and first case was brought on behalf of a class of purchasers financial condition were much weaker than what their of Xerox common stock from October 22, 1998 (when public statements portrayed. Plaintiffs have already Xerox first claimed that it was benefiting from a defeated defendants’ motions to dismiss the complaint, restructuring) through October 7, 1999 (when Xerox and are in the midst of discovery that will take place in finally disclosed the massive problems with the the U.S. and France (where French regulators are restructuring that affected its operations and the impact conducting their own formal investigations). of these problems on its revenues) and alleged • Rabi Abdullahi v. Pfizer, Inc., 01 Civ. 8118 (WHP), misrepresentations regarding Xerox’s restructuring. The (S.D.N.Y.). This is a case in which the Firm has second case was brought on behalf of a class of brought claims under the Alien Tort Claims act on purchasers of Xerox common stock from February 17, behalf of Nigerian children and their families who were 1998 through June 28, 2002 and alleged enrolled in a clinical trial of a drug by Pfizer without misrepresentations and failure to disclose massive their knowledge. Plaintiff alleges that Pfizer’s conduct accounting improprieties. As a result of these alleged violated the international prohibition on medical accounting improprieties, on June 28, 2002 (the last day experimentation without informed consent when of the Class Period), Xerox issued a $6.4 billion children suffering from meningitis, whose families had restatement of equipment sales revenues booked over a brought them to a local hospital for treatment, were five year period. secretly enrolled in a clinical trial of the Pfizer drug, • In re The Walt Disney Company Derivative Trovan. Plaintiff survived a motion to dismiss for Litigation, C.A. No. 15452 (Del. Ch., New Castle failure to state a claim. The action was then dismissed County). Challenge to Employment Agreement which on forum non-conveniens grounds but the Second Board of Directors never reviewed or approved and to Circuit vacated that decision. The case is now back payment of severance package without Board oversight. before the trial court. This action is currently being tried in the Delaware • In In re General Instrument Corp. Securities Chancery Court. Litigation, No. 01-3051 (LR) (E.D. Pa.), Milberg Weiss • Milberg Weiss is prosecuting numerous class actions served as co-lead counsel and obtained a pretrial involving a major area of investment abuse: deceptive settlement of $48 million in this securities fraud class sales of deferred annuity tax shelters to investors for action. placement in retirement plans that are already tax- • In re Triton Energy Limited Securities Litigation, qualified. In Nelson v. Pacific Life Ins. Co., No. Civil Action No. 5-98-CV-256 (E.D. Tex. Texarkana CV203-131 (S.D. Ga.) the district court denied Division), settled for $42 million. Plaintiffs alleged that defendants’ motion to dismiss and discovery is defendants misrepresented, among other things, the underway. In American United Life Insurance Co. v. nature, quality, classification and quantity of Triton’s Douglas, No. 29A02-0304-CV-350 (Ind. Ct. App.), Southeast Asia oil and gas reserves during the period denial of defendant’s summary judgment motion was March 30, 1998 through July 17, 1998. sustained on interlocutory appeal. The SEC and NASD • In Andrews v. AT&T, No. CV 191-175 (S.D. Ga.). have begun regulatory programs to address these The Firm represented a class of persons who paid for problems. premium-billed “900-number” calls that involved • Milberg Weiss is co-lead counsel in In re Vivendi allegedly deceptive games of chance, starting in 1993. Universal, S.A. Securities Litigation, 02 Civ. 5571 Defendants included major long-distance companies, (RJH), a securities fraud class action on behalf of U.S. which approved the call programs and billed for the and foreign investors who purchased Vivendi ordinary calls. Defendant MCI settled for $60 million in benefits; shares or American Depository Shares. Plaintiffs allege the class against AT&T was decertified on appeal and that Vivendi embarked on a $77 billion acquisition spree the Firm prosecuted the individual plaintiffs’ claims, in order to transform itself into a huge international obtaining a jury verdict in 2003 for compensatory and conglomerate. Throughout the Class Period (October punitive damages.

Firm Résumé 8

PRECEDENT-SETTING DECISIONS

Milberg Weiss has consistently been a leader in split on the issue of loss causation between circuits that developing the law for investors and consumers under measure loss as the difference between purchase price the federal securities, antitrust and consumer protection and the stock’s true value at the date of purchase, and laws. The Firm has represented individual and circuits that require that the alleged fraud cause a institutional plaintiffs in hundreds of class action subsequent decline in value of the original investment. litigations in federal and state courts throughout the The issue is currently the subject of a case pending country. In most of those cases, Milberg Weiss has before the Supreme Court. served as lead or co-lead counsel for the class. The Firm • In re Advanta Corp. Securities Litigation, 180 F.3d has also been responsible for establishing many 525 (3d Cir. 1999). Here, the Firm successfully argued important precedents, including: that, under the PSLRA, the requisite scienter is pled by • Blackie v. Barrack, 524 F.2d 891 (9th Cir. 1975), making an adequate showing that the defendants acted cert. denied, 429 U.S. 816 (1976). This is the seminal knowingly or with reckless disregard for the appellate decision on the use of the “fraud-on-the- consequences of their actions. As urged by this Firm, the market” theory, allowing investors who purchase stock Third Circuit specifically adopted the Second Circuit’s at artificially inflated prices to recover even if they were scienter pleading standard for pleading fraud under the personally unaware of the false and misleading PSLRA. statements reflected in the stock’s price. The court stated • In re NASDAQ Market-Makers Antitrust Litigation, that class actions are necessary to protect the rights of 169 F.R.D. 493 (S.D.N.Y. 1996). The court certified a defrauded purchasers of securities. class of millions of investors, who were harmed by an • Novak v. Kasaks, 216 F.3d 300 (2d Cir. 2000). The industry-wide conspiracy where NASDAQ market- Firm was lead counsel in this seminal securities fraud makers set and maintained wide spreads, over case in which the Second Circuit undertook an extensive defendants’ strenuous objections. analysis of the statutory text and the legislative history • In re Initial Public Offering Securities Litigation, of the PSLRA and pre-existing Second Circuit case law. 241 F. Supp. 2d 281 (S.D.N.Y. 2003). The Court Among other things, the Second Circuit held that the sustained, in large part, the plaintiffs’ complaints against PSLRA’s pleading standard for scienter was largely more than 50 underwriters of high-tech stocks in one of equivalent to the pre-existing Second Circuit standard the most comprehensive decisions issued under the and vacated the district court’s dismissal which sought securities laws. Milberg Weiss serves as the Chair of to impose a higher standard for pleading scienter under Plaintiffs’ Executive Committee in this landmark the PSLRA. The Second Circuit also rejected any litigation. general requirement that plaintiffs’ confidential sources must be disclosed to satisfy the PSLRA’s newly-enacted • Asher v. Baxter International, Inc., 377 F.3d 727 (7th particularity requirements. Cir. 2004). In reversing and remanding the dismissal by the District Court, the Seventh Circuit resolved an • In re Cabletron Systems, Inc., 311 F.3d 11 (1st Cir. important issue involving the PSLRA “safe harbor” for 2002). The First Circuit joined the Second Circuit in forward-looking statements in plaintiffs’ favor. The allowing a complaint to be based on confidential Court held that whether a cautionary statement is sources. The Court also accepted the argument made by meaningful is an issue of fact, because whether a Milberg Weiss that courts should consider the amount of statement is meaningful or not depends in part on what discovery that has taken place in deciding a motion to the defendant knew as well as other issues of fact. Thus, dismiss and that the lack of discovery will result in a this issue is not appropriately resolved on a motion to less stringent standard for pleading securities fraud dismiss. claims with particularity. • In In re Vivendi Universal, S.A. Securities • Gebhardt v. ConAgra Foods, Inc., 335 F.3d 824 (8th Litigation, 2003 U.S. Dist. LEXIS 19431 (S.D.N.Y. Cir. 2003). This important decision upheld plaintiffs’ Nov. 3, 2003), Judge Harold Baer upheld plaintiffs’ claim that loss causation was properly alleged because claims under Section 10(b) of the Securities Exchange “[p]aying more for something than it is worth is Act of 1934, which alleged that Vivendi and two of its damaging.” In so ruling, the Eighth Circuit reaffirmed a former executives (CEO Jean-Marie Messier and CFO

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

Firm Résumé 10 practices laws as well as common law claims for unjust action was certified against Sony Music Entertainment enrichment. May open the door to class action recovery on behalf of a class of recording artists who were parties of damages on behalf of New York purchasers of to standard Sony recording or production agreements Microsoft software comparable to settlements reached in entered into at any time during the period of January 1, various other states such as California, where Microsoft 1965 to the date of the filing of the complaint in 1998. settled for approximately $1 billion. The complaint alleged that Sony had a policy of treating • In re JLM Industries, Inc. v. Stolt-Nielsen SA, No. the value added tax on foreign sales of recordings 3:03CV348 (D. Conn. June 24, 2003). Milberg Weiss improperly thereby impermissibly reducing the royalties succeeded in establishing that arbitration of horizontal paid or credited to the class members. Justice DeGrasse conspiracy claims, arising under Section 1 of the of the New York State Supreme Court determined that Sherman Act, cannot be compelled on grounds that such class certification was appropriate and that Gary Puckett claims do not “arise from” the injured person’s purchase (of Gary Puckett & the Union Gap) and jazz musician contract. (Currently on appeal and awaiting decision and composer Robert Watson were appropriate class from the Second Circuit.) representatives to represent the class of artists and producers to whom Sony accounts for foreign record • In Puckett v. Sony Music Entertainment, No. royalties. 108802/98 (New York Co. 2002), Milberg Weiss achieved a precedent-setting decision in which a class

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

Firm Résumé 11 Milberg Weiss Bershad & Schulman LLP

THE FIRM’S PARTNERS

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

Firm Résumé 12 received the Anti-Defamation League’s Gotham Award Mr. Bershad is admitted to practice in the courts of and Humanitarian Award; the United Jewish Appeal’s the State of New York, as well as the United States Proskauer Award, given annually to an exemplary District Court for the Southern District of New York, the Jewish lawyer and humanitarian; the B’nai B’rith of United States Courts of Appeals for the Second, Third, Argentina Dignity & Justice Award for humanitarian Fourth, Seventh, and Ninth Circuits, and the U.S. activities; and the Ellis Island Medal of Honor from the Supreme Court. National Ethnic Coalition of Organizations Foundation, STEVEN G. SCHULMAN graduated with a Inc. Mr. Weiss is the International Chair of the Hatikva B.A. degree in history, magna cum laude, Phi Beta Project, which built a memorial on the site of the Israeli Kappa, from Williams College in 1973. He earned an Embassy in Buenos Aires, which was destroyed by M.A. degree (1975) and a M.A.L.D. degree (1976) in terrorists. international relations from the Fletcher School of Law DAVID J. BERSHAD graduated from Cornell and Diplomacy at Tufts University. In 1980, Mr. University in 1961 with an A.B. degree in philosophy. Schulman received his J.D. degree. with honors from the He graduated from Columbia Law School in 1964 and University of Chicago Law School, where he served on while there he participated in the Harlan Fiske Stone The University of Chicago Law Review and was elected Moot Court Honors Competition and was elected a to the Order of the Coif. Thereafter, he served for one member of Phi Alpha Delta. year as a law clerk to the Honorable Robert L. Kunzig of the United States Court of Claims in Washington, D.C., Mr. Bershad is a founding member of Milberg Weiss. following which he associated with Cravath, Swaine & He is primarily engaged in prosecuting complex Moore in New York City. securities and commercial litigations nationwide. He served as plaintiffs’ liaison counsel in In re Baldwin Since joining Milberg Weiss in 1986, Mr. Schulman United Corporation Litigation, M.D.L. No. 581 has been engaged in prosecuting a wide variety of (S.D.N.Y.), and was prime negotiator of settlements securities fraud class actions and shareholder derivative aggregating more than $220 million, the largest federal actions. He has also been actively and extensively securities class action settlement recorded at that time. involved in shareholder litigations arising from mergers Subsequently, he has led plaintiffs’ counsel in a wide and acquisitions, many of which were litigated in Courts range of cases arising out of the federal securities laws, of the State of Delaware. Among Mr. Schulman’s as well as antitrust and consumer laws. He has actively significant recent cases, he served as lead trial counsel in negotiated more than 100 complex class action In re MicroStrategy, Inc. Securities Litigation (E.D. settlements, including acting as prime negotiator and Va.), which settled for an amount in excess of $150 achieving a $1.07 billion settlement in In re NASDAQ million. He has also served as lead counsel in the Disney Market Makers Antitrust Litigation, M.D.L. No.1023 Shareholder Litigation pending in the Delaware Court of (S.D.N.Y.), the largest antitrust class action settlement at Chancery, the In re Nortel Networks Corporation that time. He recently acted as class lead counsel in Securities Litigation pending in the Southern District of securities class actions involving Rite Aid (settled in New York, the In re Williams Securities Litigation 2003 for approximately $300 million) and Lucent (global pending in the Northern District of Oklahoma and in the settlements of $600 million). In re Raytheon Securities Litigation pending in the District of Massachusetts. He is also significantly Mr. Bershad is a regular panelist on securities law involved in the Firm’s groundbreaking litigation relating matters for the Practising Law Institute, American Bar to Wall Street’s IPO allocation practices. Association, American Conference Institute, Glasser Legal Works, and American Law Institute-American Bar Mr. Schulman frequently lectures and participates in Association. He lectures on the topics of complex professional education panels, some of which include: litigation, federal securities law, class actions and Civil Practice and Litigation Techniques in Federal and financial derivatives. He has contributed the plaintiffs’ State Courts, organized by ALI-ABA Committee on view in a book, Securities Class Actions: Abuses and Continuing Professional Education (11/16-18/00); Key Remedies, published by the National Legal Center for the Issues Facing Boards Of Directors: The Coming Tide in Public Interest, and has debated the plaintiffs’ view of Securities Class Actions, organized by AIG, Freeborn & the world before the Federalist Society. He has also Peters, Milberg Weiss and the National Economic appeared as a legal expert on CNBC and CNN regarding Research Associates (02/22/01); Leveraged Buyouts & significant business related public interest issues. Mr. Other Private Equity Investments, organized by City Bar Bershad was recently profiled in Fortune magazine’s Center for CLE - Association of the Bar of the City of feature story for his leading role in the Lucent New York (09/24/01); The 33rd Annual Institute on Technologies Shareholder Litigation. Securities Regulations, organized by Practicing Law Institute (11/7/01); Evolution of the Derivative Lawsuit,

Firm Résumé 13 organized by Professional Liability Underwriting Society economics. He received an LL.B. degree cum laude (02/06/02); Sarbanes-Oxley Act: Impact on Civil from Harvard Law School where he was an editor of Litigation under the Federal Securities Laws, organized Harvard Law Review during 1963-1964. by ALI-ABA Committee on Continuing Professional Since graduating from law school, Mr. Congress has Education (12/5/02); Corporate Governance and spent the bulk of his time in commercial and securities Disclosure, organized by Corporate Communications litigation. Broadcast Network (3/20/03); Seventh Circuit Judicial Conference Corporate Governance Roundtable, Mr. Congress is admitted to practice in the courts of organized by The Seventh Circuit Bar Association the State of New York, as well as the United States (05/05/03); and The 35th Annual Institute on Securities District Courts for the Southern and Eastern Districts of Regulations, organized by Practising Law Institute New York and the United States Court of Appeals for (11/8/03); Life and Health Insurance and Financial the Second Circuit. Services Litigation: Fallout From “Canary”, organized ARNOLD N. BRESSLER graduated from Case by ALI-ABA Committee on Continuing Professional Western Reserve University in 1971 with a B.A. degree, Education (05/06/04). In addition, Mr. Schulman has magna cum laude, and was elected to Phi Beta Kappa. co-authored several publications on the subject of In 1974 he graduated from Columbia Law School where securities and shareholder litigation: “Leveraged he was a member of the Board of Editors of the Buyouts – Issues From The Shareholder Plaintiffs’ Columbia Law Review and a Harlan Fiske Stone Scholar. Perspective,” (09/01 NY, NY); “Developments in Private Securities Litigation Standards and Other Mr. Bressler is a managing partner of the Firm and is Significant Case Law Developments” (11/01 NY, NY); the head of the Firm’s Corporate Department, which “Duties and Liabilities of Outside Directors to Ensure represents primarily middle market (sales under $100 That Adequate Information and Control Systems Are in million) public companies as well as closely held and Place – A Study in Delaware Law and the Private foreign owned corporations. Approximately 40% of the Securities Litigation Reform Act of 1995” (02/02 NY, Department’s time is devoted to securities related NY); “Sarbanes-Oxley Act: The Impact on Civil matters, 30% to mergers and acquisitions, and 30% to Litigation Under the Federal Securities Laws from the general corporate matters. The Firm is currently general Plaintiffs’ Perspective” (12/5/02, NY, NY); “The counsel to a number of publicly traded corporations in Plaintiff’s Perspective on Shareholder Class and the United States as well as several subsidiaries of Derivative Actions Alleging Breach of Fiduciary Duty” foreign public corporations. (3/12/03, NY, NY); “Cutting Edge Issues in the New The Firm has represented companies on the New Millennium: Corporate Governance and the Courts - The York and American Stock Exchanges as well as Sarbanes-Oxley Act and the Impact on Civil Litigation NASDAQ companies, taken companies public and Under the Federal Securities Laws from the Plaintiffs’ managed secondary offerings. Mr. Bressler has Perspective” (5/5/03, Milwaukee, WI); “Fallout From specialized in corporate and securities law for over 25 “Canary”: “Private Civil Litigation and Legal Remedies years, primarily representing issuers. Mr. Bressler is the Beyond Regulatory Measures” (5/6/04, Washington D.C.). Firm’s representative to ACL International, an Mr. Schulman is a member of the Association of the association of international law firms with members in Bar of the State of New York, the American Bar over 40 countries. Mr. Bressler has lectured in Europe Association, and the Federal Bar Council. A member of and North America on U.S. securities and corporate the Association of the Bar of the City of New York, Mr. laws. Schulman served on its Special Committee on Mergers, Since 1994, Mr. Bressler has served as a director and Acquisitions and Corporate Control Contests. He is a officer of the Israel Humanitarian Foundation, which Presidential level member of the Association of Trial supports social service programs in Israel. From 1990 to Lawyers of America (ATLA) and a Sustaining Fellow in 1996, he served as Vice Chairman of the Board of the Roscoe Pound Institute. Mr. Schulman is a member Directors of the Rodeph Sholom School, a private of the Bars of the State of New York and the District of elementary school in New York City. Her is also a Columbia and is also admitted to practice before the member of the Association of the Bar of the City of New District Court of the Southern, Northern, and Eastern York. He is admitted to practice in the courts of the Districts of New York. State of New York and the State of New Jersey as well JEROME M. CONGRESS received an A.B. as the United States District Court for the Southern and degree with honors from Cornell University. From 1960 Eastern Districts of New York and the District of New to 1962 he was a Fulbright Scholar at Oxford University, Jersey. England, where he studied philosophy, politics and

Firm Résumé 14 MICHAEL C. SPENCER graduated from Yale actions throughout the country. He currently represents University in 1973 with a B.A. degree, magna cum investors in In re Initial Public Offering Securities laude, with distinction, in philosophy. While at Yale, he Litigation (S.D.N.Y.), In re Deutsche Telekom Securities was elected to Phi Beta Kappa. Mr. Spencer received a Litigation (S.D.N.Y.) and In re CMS Energy J.D. degree from Harvard Law School, cum laude, in 1976. Corporation Securities Litigation (E.D. Mich.). He has also represented consumers in In re Synthroid Marketing After graduation, Mr. Spencer served as law clerk to Litigation (N.D. Ill.) and the Mercedes-Benz Tire the Honorable William Matthew Byrne Jr., United States Litigation (D.N.J.). District Court, Central District of California, in 1976-77. He then returned to New York and joined Cravath, Mr. Wallner is a frequent lecturer on securities and Swaine & Moore as an associate, where he worked until complex litigation issues, and serves on the editorial 1986 on antitrust, banking, real estate, commercial and board of Securities Litigation Report, published by securities litigation matters. In his later years at Cravath, Glasser LegalWorks. he represented the bond fund trustee in connection with Mr. Wallner is a member of the Association of the bond defaults of Washington Public Power Supply Bar of the City of New York where he served as a System nuclear plants. member of its Federal Courts Committee. He also In 1986, Mr. Spencer joined Milberg Weiss as an served as a member of the faculty of the American Bar associate and became a partner later that year. He Association’s First Annual National Institute on worked on the WPPSS securities fraud litigation and Securities Litigation and Arbitration, in June 1998. Mr. many of the Firm’s other cases, prominently including Wallner is admitted to the New York Bar and the United representation of the FDIC in its failed bank audit States District Court for the Southern and Eastern litigation involving the Butcher Brothers banks in Districts of New York. Tennessee, which led to a year-long trial and a global SANFORD P. DUMAIN attended Columbia settlement of all bank-related claims against Ernst & University where he received his B.A. degree in 1978. Whinney just before closing arguments to the jury in late He graduated cum laude from Benjamin N. Cardozo 1992. School of Law of Yeshiva University in 1981 and was He has since worked on many of the Firm’s securities Research Editor of Cardozo Law Review, 1980-1981. fraud cases, as well as cases in other areas including Mr. Dumain served as law clerk to Judge Warren W. representation of a broad coalition of union health care Eginton, U.S. District Court, District of Connecticut funds seeking to recover costs for treating smoking- 1981-1982. During the early years of his practice, he related illnesses from the tobacco industry, Year 2000 also served as an Adjunct Instructor in Legal Writing and litigation, cases involving alleged kickbacks in the Moot Court at Benjamin N. Cardozo School of Law. mortgage insurance industry and consumer and securities Since joining Milberg Weiss in 1984, Mr. Dumain fraud cases against insurance companies selling deferred has represented plaintiffs in cases involving securities annuities into qualified retirement plans. fraud, consumer fraud, insurance fraud and violations of Mr. Spencer is chair of the Firm’s Technology the antitrust laws. He has lectured for ALI-ABA Committee and serves on the Management Committee. concerning accountants’ liability and has prosecuted Mr. Spencer is admitted to practice in the courts of the several actions against accounting firms. States of New York and California, as well as the United During 1990, Mr. Dumain served on the trial team States District Courts for the Southern and Eastern for a six-month trial in which the Firm represented the Districts of New York, the Central District of California, City of San Jose, California, that resulted in a verdict and the United States Courts of Appeals for the Second, totaling over $18 million plus pre-judgment interest for Third, Fourth, Seventh, Eleventh, and D.C. Circuits. the City against the defendants. The City’s claims ROBERT A. WALLNER received his B.A. against two of the defendants were settled for $12 degree from the University of Pennsylvania in 1976 million while appeals to the Ninth Circuit were pending. graduating magna cum laude. He attended New York Previously, settlements with eleven other defendants University School of Law, earning his J.D. degree in totaled over $12 million. May 1979. He was elected to the law school’s Order of Judge Janet C. Hall of the District of Connecticut the Coif and served as an editor of New York University made the following comment in In re Fine Host Law Review. Securities Litigation, (Docket No. 3:97-CV-2619 (JCH)): Prior to joining Milberg Weiss, Mr. Wallner was “The court also finds that the plaintiff class received associated with Cravath, Swaine & Moore. He has excellent counseling, particularly from the Chair of the litigated complex securities, consumer and antitrust class Plaintiffs’ Executive Committee, Attorney Dumain.”

Firm Résumé 15 Mr. Dumain is admitted to practice to the State Bar Districts of New York. Mr. Bauer is admitted to practice of New York, U.S. District Court for the Southern and before the United States Supreme Court and the United Eastern Districts of New York and District of States Courts of Appeals for the Second and Fourth Circuits. Connecticut, and U.S. Courts of Appeals for the First, BARRY A. WEPRIN graduated from Harvard Second, Sixth, Seventh and Eighth Circuits. College in 1974. He received a J.D. degree from the GEORGE A. BAUER III earned his B.B.A. New York University School of Law in 1978, and a degree magna cum laude in 1976 from Bernard M. master of public affairs from the Woodrow Wilson Baruch College of the City University of New York, School of Princeton University in 1978. While in law where he majored in accounting. He was awarded the school, Mr. Weprin was notes and comments editor of Andrew J. Coppola prize in Law from Baruch College. New York University Law Review. Mr. Bauer attended New York University School of Law After graduation, he served as law clerk to Judge and graduated with a J.D. degree in 1979. Charles P. Sifton of the United States District Court for Mr. Bauer’s practice concentrates on Class Action the Eastern District of New York. Following his Settlements and Settlement Administration. He has clerkship, Mr. Weprin was associated with the law firm played a lead role in documenting and effectuating many of Wachtell Lipton Rosen & Katz where he specialized of the largest and most complex securities litigations in commercial and securities litigation. From 1985 to settlements ever obtained, notably including: the $1.027 1989 he served as general counsel to the New York State billion settlement of the In re NASDAQ Market-Makers Housing Finance Agency and the New York State Antitrust Litigation, MDL No. 1023, (S.D.N.Y.); Medical Care Facilities Finance Agency, two agencies settlements relating to the $2 billion estate of the Drexel that issue tax exempt bonds for financing nonprofit Burnham Lambert including In re Drexel Burnham medical facilities and qualified housing projects. Lambert Group, 90 Civ. 6954 (MP) (S.D.N.Y.) and the Since joining Milberg Weiss in 1989, Mr. Weprin $1.3 billion settlement of the In re Michael Milken & has specialized in securities and insurance litigation. He Associates Securities Litigation, MDL 924 (S.D.N.Y.); has served as co-lead counsel in a number of complex settlements worth over $775 million in In re Washington securities class action litigations, including In re All Star Public Power Supply Systems Securities Litigation, MDL Inns Securities Litigation (S.D.N.Y.), In re York 551 (D. Ariz.); settlements including cash and securities Research Securities Litigation (S.D.N.Y.), and Bharucha worth over $615 million in In re Lucent Technologies v. Reuters, PLC (E.D.N.Y.). He was one of the principal Inc. Securities Litigation, Case No 00-CV-621 (JAP) (D. attorneys in the sales practice litigations against The N.J.); the $300 million cash settlement of In re Oxford New York Life Insurance Company, The John Hancock Health Plans Inc., Securities Litigation, MDL No. 1222 Mutual Life Insurance Company, and The Prudential (CLB) (S.D.N.Y.); the $200 million settlement in In re Life Insurance Company. PaineWebber Limited Partnerships Litigation, Master File No. 94-Civ.8547 (SHS)(S.D.N.Y.); the settlement In approving the settlement in the Allstar Inns case, for cash and securities worth over $137.5 million in In re Judge Peter Leisure stated: Microstrategy Inc. Securities Litigation, Civil Action N. We have a situation here which is a classic 00-473-A (E.D. Va, Alexandria Division); the example of the benefits to be derived through the settlements for securities worth over $133.5 million in In class action vehicle, to have the high quality re Computer Associates Class Action Securities representation of the class. The reputation of Litigation, Master File No. 98 Civ. 4839 (TCP), and In counsel . . . Barry Weprin of Milberg Weiss, re Computer Associates 2002 Class Action Securities precedes them to this court and I’m familiar in Litigation, Master File No,.02-CV-1226 (TCP) other matters with the case in which these lawyers (E.D.N.Y.); and the $110 million settlement in In re work. Prudential Securities Inc. Limited Partnerships Securities Litigation, MDL 1005 (MP) (S.D.N.Y.). The class was indeed fortunate to have lawyers of this caliber on this matter and the court Mr. Bauer is a member of the Firm’s Library is satisfied that the class was well-represented and Committee. He is also a member of the American Bar had the benefits of the quality of representation Association, the New York State Bar Association, the that would not have otherwise been available if Association of Trial Lawyers of America, and the New the class action vehicle had not been used. York County Lawyers Association. Mr. Weprin has served as a town Councilman for the Mr. Bauer was admitted as a member of the New Town of Mamaroneck, New York, since January 1994. York Bar in January 1980 and is also admitted to the From 1992 through 1994 he was vice-chairman of the United States District Court for the Southern and Eastern Town of Mamaroneck Housing Authority.

Firm Résumé 16 Mr. Weprin is a member of the American Bar Ms. Weintraub is a managing partner of the Firm and a Association, the Association of the Bar of the City of member of its Diversity Committee. New York, the New York County Lawyers Association, Ms. Weintraub has extensive securities class action and the New York State Bar Association. Mr. Weprin is experience and has acted as one of plaintiffs’ co-lead admitted to practice in New York, the United States counsel in numerous securities class action cases that District Court for the Southern and Eastern Districts of have obtained substantial recoveries for defrauded New York, the United States Court of Appeals for the investors including In re Oxford Health Plans, Inc. Second Circuit, and the United States Supreme Court. Securities Litigation, MDL Dkt. No. 1222 (CLB) DAVID A. P. BROWER received his A.B. (S.D.N.Y.), in which a cash settlement of $300 million degree from Columbia College of Columbia University was obtained. Ms. Weintraub is currently serving as co- in 1979. He received his J.D. degree from Georgetown lead counsel for plaintiffs in numerous securities class University Law Center in 1982, and attended the action cases including In re CVS Corporation Securities University of London in 1980, where he studied Litigation, No. 01-11464 (JLT) (D. Mass.), and In re comparative and international commercial law. Metromedia Fiber Network, Inc. Securities Litigation, No. 01 Civ. 7353 (CLB) (S.D.N.Y.). Ms Weintraub is Mr. Brower is a member of the National Association also one of the lead plaintiffs’ counsel in In re Mutual of Securities and Commercial Law Attorneys, and Funds Investment Litigation, MDL Dkt. 1586 (D. Md.). lectures before professional organizations in the areas of This multidistrict litigation seeks to recoup the damages securities regulation and litigation. Mr. Brower has suffered by mutual fund shareholders caused by market extensive experience in complex shareholder derivative timing and late trading activity. and securities, commodities, consumer protection, environmental, antitrust, and RICO class action litigation. Ms. Weintraub is the co-author of “Gender Bias and the Treatment of Women As Advocates,” Women in Law Mr. Brower is admitted to the Bar of the State of (1998), and of the “Dissenting Introduction” defending New York, and admitted to practice before the Supreme the merits of securities class action litigation contained Court of the United States; the United States Courts of in the 1994 monograph Securities Class Actions: Abuses Appeals for the First, Second, Fourth, Fifth, Sixth, Tenth and Remedies, which was published by the National and Eleventh Circuits; and the United States District Legal Center for the Public Interest. Court for the Southern District of New York. Ms. Weintraub is a member of the American Bar RICHARD H. WEISS received an A.B. degree Association, the New York State Bar Association, the summa cum laude from Princeton University in 1979. In Association of the Bar of the City of New York, and the 1980, he received an M.Phil. degree in international New York County Lawyers’ Association. Ms. relations from Cambridge University, England. He Weintraub was admitted to the New York Bar in March graduated from Yale Law School in 1983. 1987 and is also admitted to the United States District Mr. Weiss is admitted to practice in the State of New Court for the Southern and Eastern Districts of New York. York, the United States District Court for the Eastern RAD RIEDMAN received an B.A. degree and Southern Districts of New York, the United States B N. F in government from Cornell University in 1982 and a Courts of Appeals for the Second and Sixth Circuits, J.D. degree cum laude from New York University United States Supreme Court, and the United States School of Law in 1986, where he was a member of the Claims Court. Order of the Coif and an editor of the New York DEBORAH CLARK-WEINTRAUB attended University Law Review. Upon graduation from law St. John’s University and received a B.A. degree summa school, he began a one-year judicial clerkship with the cum laude in 1981. She received the President’s Award Honorable Max Rosenn, United States Court of Appeals upon graduation for attaining the highest academic for the Third Circuit. average among the graduates of St. John’s College of Mr. Friedman has recovered billions of dollars on Liberal Arts and Sciences. Ms. Weintraub attended behalf of injured plaintiffs, including as lead counsel in Hofstra University School of Law and received her J.D. numerous “vanishing premium” and “churning” life degree, with distinction, in 1986. She was a member of insurance sales practice class actions (including cases Law Review (1984-1985) and served as Research Editor again Prudential and Metropolitan Life). In 2002, Mr. (1985-1986). Following graduation, Ms. Weintraub Friedman acted as lead counsel on behalf of various served as a law clerk to the Honorable Jacob Mishler, asbestos committees in the W.R. Grace bankruptcy, and United States District Judge, United States District Court successfully recovered approximately $1 billion through for the Eastern District of New York (1986-1987). She a fraudulent conveyance litigation. Mr. Friedman also joined Milberg Weiss in 1987 following her clerkship. has an active securities and plaintiffs’ mass tort practice.

Firm Résumé 17 Mr. Friedman is a member of the Federal Bar Mr. Westerman is an ex-officio member, and was a Council, the American Bar Association, the Association member (2001-2003) and Co-Chair (2002-2003) of the of Trial Lawyers of America, the New York State Bar Central District of California Attorney Delegation to the Association and the New York City Bar Association. United States Ninth Circuit Judicial Conference. He Mr. Friedman is admitted in the courts of the State of serves on the Central District of California, U.S. New York and New Jersey, as well as the United States Magistrate Judge Merit Selection Panel (2003-present) Courts of Appeals for the Third and Fifth Circuits, and and the standing committee on Attorney Discipline the United States District Courts for the Southern and (2004-present). He is also a member of the Central Eastern Districts of New York and the District of New District of California Attorney Settlement Officer Panel Jersey. (1998-present ). JOSHUA H. VINIK graduated with honors from Mr. Westerman is currently the president of the the State University of New York at Oneonta in 1983 Association of Business Trial Lawyers. He was on the where he majored in economics. After graduating cum Board of Governors (1997-2001), Treasurer (2001- laude from Brooklyn Law School, Mr. Vinik clerked for 2002), Secretary (2002-2003) and Vice President (2003- Magistrate (now Judge) Carol B. Amon of the United 2004 ). He is also on the Board of Governors of the States District Court for the Eastern District of New York. Consumer Attorneys Association of Los Angeles (2003- present). Mr. Vinik’s practice focuses primarily on class actions on behalf of defrauded investors, as well as Mr. Westerman is a member of the Los Angeles complex commercial litigation, including accountants’ County Bar Complex Courts Bench-Bar Committee, and liability actions and derivative actions. Mr. Vinik’s the Bench-Bar Civil Courts Committee; and served as extensive litigation efforts on behalf of aggrieved Judge Pro Tem in the Los Angeles Small Claims Court investors include many actions which have led to in 1987-1988, 1990, 1992-1993 and 1996-1997. He is a significant recoveries for investors, including In re Baan member of the Los Angeles County and Federal Bar Securities Litigation (D.D.C.); Lasky v. Brown (United Associations. He was on the California State Bar Task Companies Financial Securities Litigation) (M.D. La.), Force on Complex Litigation, and Chair of the Judicial Kaufman v. Motorola, Inc. (N.D. Ill.) and In re Salomon Education Subcommittee (1997). Inc. Shareholders Derivative Litigation (S.D.N.Y.). Mr. Westerman is admitted to practice in the courts Mr. Vinik is a member of the American Bar of the State of California, as well as the United States Association, The New York State Bar Association and District Court for the Central District of California, the the Association of the Bar of the City of New York. Mr. United States Court of Appeals for the Ninth Circuit and Vinik is admitted to practice in the courts of the State of the United States Supreme Court. New York, as well as the United States District Courts EDITH M. KALLAS graduated from the for the Southern and Eastern Districts of New York and Juilliard School in 1984 with a B.M. degree in music the United States Courts of Appeals for the Second, performance and from the Fashion Institute of Third, and Fifth Circuits. Technology with an A.A.S., summa cum laude. She JEFF S. WESTERMAN received his B.A. graduated with a J.D. from Benjamin N. Cardozo School degree from Northwestern University in 1977, where he of Law in 1987, where she was a member of the Moot was selected to two senior honorary societies. He Court Board. received his J.D. degree from the University of Ms. Kallas is presently a Managing Partner of the Pittsburgh in 1980, where he was a member of Law Firm and concentrates her practice primarily in the areas Review from 1978 to 1980. of healthcare and securities litigation. Her clients Mr. Westerman’s practice is primarily in the areas of include: the Medical Society of the State of New York, securities fraud class actions, shareholder derivative the Connecticut State Medical Society, the Medical actions and corporate mergers and acquisition litigation. Society of New Jersey, South Carolina Medical He has served as lead or co-lead counsel in cases Association, Tennessee Medical Association, North resulting in significant corporate governance changes Virginia Medical Societies, North Carolina Medical and shareholder recoveries totaling more than $330 million. Society, Washington State Medical Association, Hawaii Medical Association, Alaska Medical Association, Mr. Westerman has also been the moderator or Vermont Medical Society, El Paso County Medical speaker for programs on complex litigation, Society of Colorado, and the California Chiropractic developments in class action practice, settlements, the Association. Sarbanes-Oxley Corporate Responsibility Act, shareholder derivative actions and trends in business litigation.

Firm Résumé 18 Ms. Kallas is the co-author of “Gender Bias and the At Milberg Weiss, Mr. Fredericks specializes in Treatment of Women As Advocates,” Women in Law securities and other complex commercial litigation. In (1998). Ms. Kallas has also participated as a faculty the securities area, Mr. Fredericks has represented member and/or speaker in the following conferences: investors in numerous class actions in which Milberg “Class Action Health Care Litigation,” ALI-ABA Health Weiss has been appointed sole or co-lead counsel, Care Law and Litigation Conference, 1999; “Class including In re Rite Aid Securities Litigation (E.D. Pa.); Actions: HMOs and Health Care Providers Under Bassman v. Union Pacific Corp. (N.D.Tex.); In re Attack,” ALI-ABA Life and Health Insurance Litigation MobileMedia, Inc. Securities Litigation (D.N.J.); In re Conference, 2000; “Providers (Suits by Doctors and Olsten Corp. Securities Litigation (E.D.N.Y.); Chu v. Hospital Class Actions),” ALI-ABA Health Care Law Sabratek Corp. (N.D. Ill.); Schaffer v. Evolving Systems, and Litigation Conference, 2000; “The Application of Inc. (D. Colo.); In re New Era of Networks, Inc. (D. ERISA and RICO Theories in the Age of Managed Colo.); Lirette v. Shiva Corp. (D. Mass.); Bell v. Fore Care,” The Judges and Lawyers Breast Cancer Alert, Systems, Inc. (W.D.Pa. 1998); In re Cabletron Systems, 2000; “Health Care Litigation: What You Need to Know Inc. Securities Litigation (D.N.H.); In re Vivendi After Pegram,” Practicing Law Institute, 2000; “Provider Universal S.A. Securities Litigation (S.D.N.Y.), and Suits by Doctors and Hospitals v. HMOs,” ALI-ABA Irvine v. Imclone Systems, Inc. (S.D.N.Y.). Mr. Health Care Law and Litigation Conference, 2001; The Fredericks has also successfully represented several Joint Seminar Session of the School of Allied Health and institutional clients (including Mexico’s TV Azteca and Health Law Section at Quinnipiac University School of Australia’s Australis Media Group) in private Law, 2001; The CLE Conference presented by the commercial disputes at both the trial and appellate level. American Society of Medical Association Counsel, See, e.g., National Broadcasting Co. (NBC) v. Bear 2002; “The Unique Role of The Medical Society Stearns & Co., et al., 165 F.3d 184 (2d Cir. 1999); News Effectively Litigating for Change in the Healthcare Ltd. v. Australis Holdings Pty. Limited., 728 N.Y.S. 2d 667 Arena”, American Academy of Otolaryngology (1st Dep’t 2001) and 742 N.Y.S. 2d 190 (1st Dep’t 2002). Presidential - Board of Governors Special Seminar 2002. Mr. Fredericks has been a panelist on various Ms. Kallas is a member of the Association of the Bar securities litigation programs sponsored by different of the City of New York, the New York State Bar organizations, including the Practising Law Institute. He Association and the New York County Lawyers’ is the author, most recently, of “Recent Developments in Association. Ms. Kallas is admitted to the New York Civil Securities Fraud Litigation” (with Melvyn I. State Bar, the United States District Court for the Weiss) published in SEC Disclosure Accounting and Southern and Eastern Districts of New York and the Enforcement (Glasser LegalWorks, April 2002). United States Courts of Appeals for the Second, Third Mr. Fredericks is a member of the Association of the and Sixth Circuits. Bar of the City of New York, and is a former chairman WILLIAM C. FREDERICKS graduated with of the Association’s Committee on Military Affairs and high honors from Swarthmore College in 1983 with a Justice. Mr. Fredericks is admitted to practice before the B.A. degree in political science, and earned his M.Litt. courts of New York State, the United States District degree in international relations from Oxford University Courts for the Southern and Eastern Districts of New (England) in 1988. In 1988, he also received his J.D. York and the District of Colorado, and the United States degree from Columbia University, where he was a three- Courts of Appeals for the Second, Third, Sixth and Tenth time Harlan Fiske Stone Scholar, a Columbia University Circuits. He has also been admitted pro hac vice by, and International fellow, an articles editor of The Columbia argued before, the Supreme Court of the State of New Journal of Transnational Law, and the recipient of the Jersey (see Kaufman v. I-Stat Corp., 165 N.J. 94 (2000). Beck Prize in property law, the Toppan Prize in JANINE L. POLLACK graduated from Rutgers advanced constitutional law, and the Greenbaum Prize University with high honors in 1986 with a B.A. degree, for written advocacy. A panel chaired by Justice majoring in English and French. While at Rutgers, she Antonin Scalia also awarded Mr. Fredericks the Gov. was elected a member of Phi Beta Kappa. She also spent Thomas E. Dewey Prize for best oral argument in the a semester studying at New York University in France. final round of the 1988 Harlan Fiske Stone Moot Court Ms. Pollack graduated from the University of Competition. After graduating from law school, Mr. Pennsylvania Law School in 1989, and was a member of Fredericks clerked for the Hon. Robert S. Gawthrop III the Journal of International Business Law. of the U.S. District Court for the Eastern District of Pennsylvania from 1988-89, and then worked as an Ms. Pollack is a member of the American Bar associate at Simpson Thacher & Bartlett and Willkie Association. She was admitted to the New York State Farr & Gallagher. Bar in 1990. She was also admitted to the New Jersey

Firm Résumé 19 State Bar in 1989, as well as the U.S. District Court for June 2000, he served for nearly three years as deputy the District of New Jersey. In 1990, Ms. Pollack was general counsel of the Commodity Futures Trading admitted to the U.S. District Court for the Southern and Commission (CFTC) in Washington, D.C. Before Eastern Districts of New York. joining the CFTC, he was a litigator for more than 12 years with O’Sullivan Graev & Karabell, LLP in New KIRK E. CHAPMAN graduated cum laude from York, first as a litigation associate from 1985-89 and Harvard University in 1985 with a B.A. degree in then as a litigation partner from 1989 to October 1997 biochemistry. He received his J.D. in 1989 from the when he left to join the CFTC. From 1981 to 1985, he University of Chicago where he was a member of the was a litigation associate with Cahill Gordon & Reindel Legal Forum publication. Mr. Chapman’s major in New York. practice areas are securities fraud class actions and employment discrimination matters. Mr. Richards is a member of the American Bar Association (Antitrust Section), the Antitrust Section of Mr. Chapman is admitted to practice in the Courts of the Association of the Bar of the City of New York, the the State of New York as well as the United States Advisory Board of the American Antitrust Institute, and District Courts for the Southern and Eastern Districts of the New York State Bar Association (Commercial and New York. Federal Litigation Section, Committee on Civil Practice SALVATORE J. GRAZIANO graduated from Law and Rules). New York University School of Law in 1991, cum laude. An experienced commercial litigator with a Upon graduation from law school, Mr. Graziano served particularly extensive background in litigation relating to as an assistant district attorney in the Manhattan District trade regulation and corporate finance, Mr. Richards is Attorney’s Office until he joined Milberg Weiss in 1995. admitted to practice before the United States Supreme Mr. Graziano is a member of the Firm’s Management Court; the U.S. Courts of Appeals for all Circuits except Committee. Mr. Graziano, an experienced trial attorney, the First and Federal Circuits; the U.S. District Courts has taken a leading role in a number of the Firm’s major for the Southern, Eastern, Northern and Western securities fraud class actions including cases against: Districts of New York; the District of Connecticut; and Raytheon Company and PricewaterhouseCoopers LLP all New York State Courts. He has argued more than (total recoveries of $460 million); MicroStrategy, Inc. twenty appeals in the federal and state courts of appeals, and PricewaterhouseCoopers LLP (total recoveries including more than a dozen appeals in the Second valued at approximately $200 million); i2 Technologies, Circuit. Inc. (total recovery of $84.85 million (pending final MICHAEL M. BUCHMAN attended North court approval)); and Aetna Inc. (total recovery of $82.5 Carolina State University’s Textile Engineering & million). Management program, later graduating cum laude from Mr. Graziano has achieved significant legal Alfred University where he received a B.A. degree and precedent at the district and appellate court level divisional honors in history in 1988. In 1992, he nationwide, including the seminal Second Circuit received a J.D. degree from The John Marshall Law decision of Novak v. Kasaks, 216 F.3d 300 (2d Cir. School where he was a member of an award winning 2000), interpreting the pleading standards of the Private International Moot Court team. The following year, he Securities Litigation Reform Act of 1995. received an LL.M. degree in international antitrust and trade law from Fordham University School of Law. Mr. Graziano is presently a member of the Financial Reporting Committee of the Association of the Bar of Prior to joining the Firm, Mr. Buchman served as an the City of New York and previously served on the assistant attorney general in the Antitrust Bureau of the Securities Regulation Committee of the New York City New York State Attorney General’s Office. Mr. Bar Association. Mr. Graziano has served as a panelist Buchman’s practice has been devoted heavily to on numerous securities litigation programs. Mr. nationwide litigation in federal and state courts focusing Graziano is admitted to practice before the courts of New on the prosecution of complex antitrust, consumer York State, the United States District Courts for the protection and privacy class actions. Southern and Eastern Districts of New York and the Mr. Buchman has recently spearheaded an effort, on United States Courts of Appeals for the Second and behalf of consumers and third-party payors, to challenge Eleventh Circuits. a variety of practices by pharmaceutical companies DOUGLAS J. RICHARDS earned his A.B. designed to prevent lower priced, therapeutically degree in 1977 from the University of Chicago, majoring equivalent generic drugs from entering the market or to in economics, and earned his J.D. degree in 1981 from otherwise artificially inflate brand name prescription Harvard Law School. Before joining Milberg Weiss in drug prices. He has served in a leadership capacity in

Firm Résumé 20 these cases many of which have been resolved Ms. Tadler has been a selected speaker on various successfully. See In re Buspirone Antitrust Litigation, topics for numerous lectures and seminars nationwide at MDL 1413 (S.D.N.Y.)(JGK) ($90 million settlement); In which she has. Recent conferences include: National re Relafen Antitrust Litigation, 01-12222-WGY (D. Economic Research Associates: IPO Allocation; Mass.) ($75 million settlement pending); In re American Bar Association: Pros and Cons of Laddering Augmentin Antitrust Litigation, 02 Civ. 445 (E.D. Va., Cases; Directors and Officers Symposium: An Overview Norfolk Div.) (HCM) ($29 million settlement). He has of the Mediation Process; and Practising Law Institute, also participated in the prosecution of In re NASDAQ Symposium: “D&O Liability and Insurance 2004: Market-Makers Antitrust Litigation, MDL 1023 Directors & Officers Under Fire.” She is also a member (S.D.N.Y.) (RWS), which is one of the largest antitrust of the Firm’s Management Committee and Hiring settlements in the more than one hundred year history of Committee and one of seven partners chosen to mentor the Sherman Act ($1.027 billion). the Firm’s associates. The author or co-author of articles in international Ms. Tadler is a member of the American Bar and domestic legal publications concerning procedure or Association, the Association of Trial Lawyers of competition law issues, Mr. Buchman has also served as America, the New York State Bar Association and the a lecturer for the Practising Law Institute on state unfair New York County Lawyers Association. Ms. Tadler is deceptive acts and practices statutes. also involved in various charity and community organizations. Ms. Tadler is admitted to the Bars of the In addition to his admission to practice in States of New York and New Jersey, as well as the Connecticut and New York, Mr. Buchman is admitted to United States District Court for the Southern and Eastern practice in the United States District Courts for the Districts of New York, the District of New Jersey and Southern and Eastern Districts of New York, the United the United States Court of Appeals for the Third Circuit. States District Courts for Arizona and Connecticut, the United States Court of Appeals, Second Circuit, and the LEE A. WEISS earned his undergraduate degree United States Court of International Trade. from Emory University in 1988 and his J.D. degree, with honors, from The George Washington University in 1991. ARIANA J. TADLER graduated from Hamilton College in 1989 with a B.A. degree. In 1992, she Mr. Weiss focuses his practice primarily on class received her J.D. degree from Fordham University actions on behalf of defrauded investors and consumers, School of Law, where she was the articles and as well as complex commercial litigation. His extensive commentary editor of the Fordham Urban Law Journal, securities fraud litigation experience includes significant a member of the Moot Court Board and the 1990 settlements for class members in In re IKON Office recipient of the American Jurisprudence Award in Solutions Securities Litigation (E.D. Pa.) and In re Criminal Law. She is the co-author of “Damages in Computer Associates Securities Litigation (E.D.N.Y.). Federal Securities Litigation,” Securities Litigation Additionally, Mr. Weiss currently represents purchasers 1991: Strategies and Current Developments, Practising of deferred variable annuties in several large fraud class Law Institute, 1991. actions in which Milberg Weiss is lead counsel, including Nelson v. Pacific Life Insurance Company Ms. Tadler has extensive experience litigating (S.D. Ga.) and Douglass v. American United Life complex securities class actions, including certain high Insurance Co. (Ind.). profile, fast-paced cases. In less than four years, she litigated three cases in the Eastern District of Virginia Mr. Weiss is a member of the Firm’s Hiring and (aka the “Rocket Docket”), including In re Technology Committees, and serves as a mentor to the MicroStrategy Securities Litigation, in which plaintiffs’ Firm’s associates. Mr. Weiss is also a member of the counsel negotiated settlements valued at more than $150 American Bar Association. In addition to the New York million with the company and the auditor. Ms. Tadler is State Bar, Mr. Weiss is admitted to the United States also one of the principal liaison counsel on behalf of District Courts for the Southern and Eastern Districts of plaintiffs in In re Initial Public Offering Securities New York, and the United States Courts of Appeals for Litigation, which is pending before Judge Shira A. the Fourth and Eleventh Circuits. Scheindlin in the United States District Court for the LORI G. FELDMAN, a member of the Firm, Southern District of New York. In that capacity, she protects the rights of shareholders in federal and state manages on a day-to-day basis 309 separate class actions courts across the nation. which have been coordinated for pretrial purposes. Among the thousands of defendants in these actions are Ms. Feldman is the daughter of retired public 55 of this nation’s most prominent investment banks and employees and understands the importance of protecting more than 300 corporate issuers. the investments of all workers and their families against

Firm Résumé 21 corporate fraud. In 2002-2003 and 2004-2005, she was In addition, Ms. Kusel is the lead attorney in the named a “Rising Star of Washington Law” by her fellow Abdullah v. Pfizer case, in which she represents Nigerian practitioners in Seattle. Rising Stars are considered to be children enrolled in a clinical trial by Pfizer without their Washington’s top lawyers under the age of 40. families’ informed consent. The Abdullah case is notable because it is one of the first cases in which a In addition to lecturing on class action practice, she Court determined that plaintiffs could proceed with a currently serves as co-chair of the Continuing Legal claim under the Alien Tort Claims Act against a Education Committee of the Federal Bar Association for corporate defendant for claims other than those related to the Western District of Washington. war time conduct. Ms. Feldman’s representative recoveries exceed $91 Ms. Kusel also represents whistleblowers bringing million. Recently, she recovered millions of dollars for federal Qui Tam cases on behalf of individuals who have class members in litigation involving SpectraLink uncovered fraud being committed by entities doing Corporation (D. Colo.), Cutter & Buck (W.D. Wash.), business with the federal government. InaCom (D. Del.), Secure Computing (N.D. Cal.) and Micro Focus (N.D. Cal.). She is currently representing Prior to joining Milberg Weiss, Ms. Kusel pursued shareholders in litigation involving, among several her interest in public interest work by spending eight others, Washington Mutual, Inc. (W.D. Wash.), years working in the U.S. House of Representatives, Amazon.com (W.D. Wash.), ConAgra Foods (D. Neb.), eventually serving as legislative director and counsel to a Rhythms Net Connections (D. Colo.), Gilead Sciences, member of Congress serving on the House Commerce Inc. (N.D. Cal.), Paradigm Medical (D. Utah), Digimarc Committee. Corporation (D. Oregon), Merix Corporation (D. Ms. Kusel co-chairs the Firm’s Summer Associate Oregon) and drugstore.com (W.D. Wash.). Program and serves on the Firm’s Diversity Committee. Ms. Feldman’s zealous advocacy has resulted in She also led the Firm’s pro bono work with Trial important reported decisions by courts interpreting the Lawyers Care on behalf of the victims of September federal securities laws, including but not limited to 11th. Ms. Kusel is a member of the Association of Trial Gebhardt v. ConAgra Foods, Inc., 335 F.3d 824 (8th Lawyers of America, the New York State Bar Cir. 2003) (important loss causation and materiality Association and the American Bar Association. Ms. appellate court ruling); In re Rhythms NetConnections Kusel is admitted to practice in the courts of the State of Securities Litigation, 300 F. Supp. 2d 1081 (D. Colo. New York, as well as the United States District Courts 2004) (denying motion to dismiss); Kerns v. SpectraLink for the Southern District of New York, and the Eastern Corp., No. 2-D-263, 2003 U.S. Dist. Lexis 11711 (D. District of Michigan. Colo. July 1, 2003) (granting class certification); In re DANIEL B. SCOTTI graduated from The George Secure Computing Corp., 184 F. Supp. 2d 980 (N.D. Washington University in 1990 with a B.B.A. degree in Cal. 2001) (denying motion to dismiss); In re Spyglass, finance, and in 1993 received his J.D. degree from the Inc. Securities Litigation, 1999 U.S. Dist. LEXIS (N.D. Southwestern University School of Law where he was Ill. July 21, 1999) (denying motion to dismiss). the recipient of American Jurisprudence Awards in both Ms. Feldman is admitted to the Bars of the States of Criminal Law and Legal Writing. In 1994, Mr. Scotti Washington and New York and her daily responsibilities received an LL.M. in securities regulation from the include managing the Firm’s Seattle practice. Georgetown University Law Center. Upon graduation, Mr. Scotti joined the litigation department of Prudential ELAINE S. KUSEL graduated from Boston Securities Incorporated where he defended the firm at University in 1987 with B.A. degrees in economics and more than fifty securities arbitration hearings in just one international relations. While working full time, Ms. year. From 1995 though 1997, Mr. Scotti was associated Kusel attended The George Washington University Law with the Chicago law firm of Ungaretti & Harris, where School as a full time student, graduating in 1994. he continued to hone his skills as a securities litigator. Ms. Kusel represents clients in complex litigation Mr. Scotti has extensive experience litigating a stemming from corporate wrongdoing in a variety of number of complex securities class actions which have areas, focusing particularly on federal securities and resulted in very favorable settlements for class members, consumer fraud actions. including: In re MicroStrategy, Inc. Securities Litigation Most notably, Ms. Kusel played a leading role in the (E.D. Va.); In re Box Hill Systems Securities Litigation Firm’s prosecution of a securities fraud action against (S.D.N.Y.); In re Penn Treaty American Corp. Securities Lucent Technologies in which lead counsel recovered Litigation (E.D. Pa.); In re Motorola, Inc. Securities more than $600 million for injured class members—the Litigation (N.D. Ill.). In addition to prosecuting several third largest securities settlement in history. prominent securities class actions, Mr. Scotti is currently

Firm Résumé 22 litigating a copyright infringement action against Ted Department of Investigations and the Finance Koppel and ABC News on behalf of an award-winning Department’s chief counsel. freelance journalist. Mr. Scotti also co-chairs the Summer Ms. Kaswan began her career at Peat, Marwick, Associate Program for the Firm’s New York office. Mitchell & Co. and later served as a trial attorney with Mr. Scotti is a member of the New York State and the U.S. Department of Justice, Tax Division. In 1985, American Bar Association. Mr. Scotti joined Milberg she joined the U.S. Attorney’s Office for the Southern Weiss in 1997 and is licensed to practice in the state District of New York, and was promoted to Chief of courts in New York, New Jersey, California and Illinois Commercial Litigation and then Deputy Chief of the and before the U.S. District Courts for the Southern and Civil Division. While employed by the government, Ms. Eastern Districts of New York, the Central District of Kaswan litigated several high-profile cases to judgment, California, and the Northern District of Illinois. including the landmark case of United States v. Gleneagles Investment. Co., where following a multi- RACHEL S. FLEISHMAN graduated from New stage, thirteen-month trial, the fraudulent conveyance York University in 1989 with a B.A. degree in politics. laws were first applied to set aside a leveraged buy-out. She received her J.D. degree from St. John’s University She also represented the Federal Reserve for its School of Law, cum laude, in 1992, where she was an enforcement actions against the rogue bank, BCCI, articles editor for the St. John’s Law Review. Ms. leading to the global RICO plea agreement and forfeiture Fleishman served as a law clerk to United States District of BCCI’s $550 million of United States assets; the IRS Judge Jed S. Rakoff. for its $5 billion claim against Drexel, the Defense Prior to joining Milberg Weiss in 2002, Ms. Department and MARAD for qui tam and other false Fleishman was associated with the law firms Dewey claims actions against Goodyear Aerospace, Loral and Ballantine and Fried Frank Harris Shriver & Jacobson. General Dynamics and the FDA to enjoin the At those firms, Ms. Fleishman’s practice included a manufacture of adulterated generic drugs. See, e.g., broad range of complex commercial and securities United States v. Gleneagles Investment Co., 565 F. Supp. litigation, as well as representation of clients in SEC, 556 (“Gleneagles I”), 571 F. Supp. 935 (“Gleneagles NASD and criminal investigations. Ms. Fleishman’s II”), 584 F. Supp. 671 (“Gleneagles III”) (M.D. Pa. clients have included investment banks, top-tier banks, 1981), aff’d in part and rev’d in part sub. nom., United lending institutions and a variety of major manufacturing States v. Tabor Court Realty Corp., 803 F.2d 1288 (3d companies. Cir. 1986); In re Smouha (“BCCI”), 136 B.R. 921 (S.D.N.Y. 1992); United States v. Davis, 803 F.Supp. At Milberg Weiss, Ms. Fleishman’s practice includes 830 (S.D.N.Y. 1992), aff’d in part and rev’d in part sub. securities litigation and complex commercial litigation. nom., United States v. General Dynamics Corp., 19 F.3d Ms. Fleishman is admitted to the bar in New York 770 (2d Cir. 1994); United States v. Barr Laboratories, and Massachusetts. Ms. Fleishman is also admitted to Inc., 812 F.Supp. 458 (D.N.J. 1993). practice before the Sixth and Eleventh Circuit Courts of Ms. Kaswan has received several awards from the Appeals and the United States District Courts in the Justice Department and the agencies she represented, Southern, Eastern and Western Districts of New York. including the Justice Department’s John Marshall award, BETH A. KASWAN received her B.B.A. degree Special Commendation from the Attorney General, a from the University of Miami in 1973 and her J.D. Superior Performance award from the Executive Office degree from Boston College Law School in 1976. Ms. of U.S. Attorneys, Tax Division Outstanding Kaswan has practiced with Milberg Weiss since 1998 Achievement awards, and awards from the FDA where she has represented plaintiffs in cases involving Commissioner and U.S. Customs Service. She has securities and consumer fraud. Ms. Kaswan served in a testified before the New York legislature as a leadership role in the Oxford Health Plan Securities government expert on money-laundering and lectured in Litigation, which eventually settled for $300 million, Justice Department training programs on evidence and including $75 million against Oxford’s accountant, other subjects. KPMG. She is litigating several other financial fraud Ms. Kaswan is admitted to practice in the courts of matters, including a case against a Bermuda-based the States of New York and Massachusetts, as well as the reinsurance company and KPMG alleging improper United States District Courts for the Southern District of accounting for policyholder liabilities and improper New York and the United States Court of Appeals for amortization of deferred acquisition costs. Immediately the Second Circuit. before joining Milberg Weiss, Ms. Kaswan served in the Giuliani administration as New York City’s chief BENJAMIN Y. KAUFMAN earned his B.A. procurement officer, a deputy commissioner in the degree from Yeshiva University in 1985 and his J.D.

Firm Résumé 23 degree from Benjamin N. Cardozo School of Law, Mr. Rigrodsky is a member of the bars of the States Yeshiva University in 1988, where he was a Belkin of Delaware and New York, the United States District Fellow, Belkin Scholar, and a member of the Cardozo Courts for Delaware and the Southern District of New Arts and Entertainment Law Journal. Mr. Kaufman also York, and the Courts of Appeals for the Second, Third received a M.B.A. degree in finance from the Stern and Fourth Circuits. School of Business of New York University in 1999. PETER SAFIRSTEIN graduated from The Prior to joining Milberg Weiss in August of 1998, Mr. George Washington University in 1978 with a B.A. Kaufman was a court attorney for the New York State degree. He received an M.A. degree in government Supreme Court, New York County (1988-1990) and (concentration in international relations) from principal law clerk to Justice Herman Cahn of the Georgetown University in 1980. In 1985, he earned his Commercial Division of the New York State Supreme J.D. degree from Brooklyn Law School where he was a Court, New York County (1990-1998). member of the Brooklyn Law Review and the Moot Court Mr. Kaufman focuses on class action litigating on Honors Society. Prior to joining Milberg Weiss, Mr. behalf of defrauded investors and consumers as well as Safirstein was in private practice. In addition, Mr. complex commercial litigation. Mr. Kaufman is a Safirstein served as a staff attorney in the Enforcement member of the bars of New York, New Jersey, the Division for the U.S. Securities and Exchange United States District Courts for the Districts of New Commission from 1985-1990. In 1988-89, Mr. York and New Jersey and the United States Court of Safirstein was designated as a special assistant United Appeals for the Fourth Circuit. States attorney in the Southern District of New York where he was part of the trial team which prosecuted CLIFFORD S. GOODSTEIN earned his A.B. United States v. Regan, (the “Princeton/Newport” case) degree from Harvard University in 1988 and his J.D. and United States v. Lisa Jones. Mr. Safirstein later degree from New York University School of Law in served as an assistant United States attorney in the 1993. After graduation, he served as a law clerk to the Southern District of Florida. Honorable Alex T. Howard, Jr., Chief Judge of the United States District Court for the Southern District of Mr. Safirstein is a member of the American Bar Alabama, and then as an associate at Reboul, Association and the Association of the bar of the City of MacMurray, Hewitt, Maynard & Kristol and Baker & New York. Mr. Safirstein is a member of the Bars of the Botts prior to joining Milberg Weiss in January of 1998. State of New York and the State of New Jersey and is also admitted to practice before the Supreme Court of the Mr. Goodstein works on a variety of actions on United States, the United States Courts of Appeals for behalf of classes as well as individuals in consumer the Second and Third Circuits, the District Court of the fraud, securities, antitrust, health care, and other areas. Southern and Eastern Districts of New York and the Mr. Goodstein is a member of the bars of New York and District Court of New Jersey. New Jersey. MAYA S. SAXENA graduated from Syracuse SETH D. RIGRODSKY received his B.A. University summa cum laude in 1993 with a dual B.A. degree magna cum laude, with honors in history, from degree in policy studies and economics, and graduated Brandeis University in 1985. In 1990, he received his with a J.D. degree from Pepperdine University School of J.D. degree, magna cum laude, from Georgetown Law in 1996. University Law Center, were he was awarded Order of the Coif and served as a senior articles editor for the Prior to joining Milberg Weiss Bershad & Schulman Georgetown University Law Journal. After graduation in 1998, Ms. Saxena was employed as an assistant from law school, Mr. Rigrodsky was a law clerk to the attorney general. As an assistant attorney general, Ms. Honorable Andrew G.T. Moore, II, of the Delaware Saxena represented the State of Florida and its agencies Supreme Court. and officers in civil cases at the appellate and trial level, and prepared amicus curiae briefs in support of state Following his clerkship, Mr. Rigrodsky was policy goals attendant to issues presented in state and associated with the law firms Wachtell, Lipton, Rosen & federal court cases. Ms. Saxena also represented the Katz in New York City, and Morris, Nichols, Arsht & Florida Highway Patrol and other law enforcement Tunnell in Wilmington, Delaware, where he agencies in civil forfeiture trials. concentrated his practice on corporate and complex business litigation. In 1994, Mr. Rigrodsky joined Ms. Saxena currently specializes in securities fraud Morris and Morris in Wilmington, Delaware, where he litigation, and was involved in several significant cases became a partner beginning in January 2000, and which have resulted in significant recoveries for represented investors in numerous federal and state class defrauded investors, including, among others, cases such and shareholder derivative lawsuits. as In re Sunbeam Securities Litigation; In re Sensormatic

Firm Résumé 24 Inc. Securities Litigation; In re Hamilton Bancorp Inc. New York Law School, where he was a member of the Securities Litigation, and In re Aviation Sales Inc. New York Law School Law Review. Mr. Hellman is the Securities Litigation. Ms. Saxena is presently serving as author of “Safe In Their Houses? Fourth Amendment lead or co-lead counsel in numerous federal class action Rights At Public Housing Projects,” 40 N.Y.L. Sch. L. securities cases in the Southeast. Rev. 189 (1995). Mr. Hellman’s practice focuses on class actions on behalf of defrauded investors and class Ms. Saxena is a member of the Palm Beach County actions involving healthcare-related issues. Mr. Hellman Bar Association, and the American Bar Association. Ms. is a member of the bars of the State of New York and the Saxena was recently recognized in the South Florida United States District Court for the Southern District of Business Journal’s “Best of the Bar” as one of the best New York. lawyers in South Florida. Ms. Saxena is a member of the Florida State Bar, and is admitted to practice before BRIAN C. KERR graduated summa cum laude the U.S. District Courts for the Southern, Northern and from the University at Albany in 1993, where he was Middle Districts of Florida, as well as the Eleventh and valedictorian, a member of Phi Beta Kappa, co-founder Fifth Circuit Courts of Appeals. of the Presidential Honors Society, and the recipient of the Karp Prize in Economics. In 1996, he received his JOSEPH P. GUGLIELMO graduated cum laude J.D. degree from Hofstra University, where he was a from The Catholic University of America in 1992 with a member of the Hofstra Law Review and a Dean’s B.A. degree in political science. In 1995, Mr. Guglielmo Scholar. He was admitted to the bar of the State of graduated from the Columbus School of Law at The Connecticut in 1996 and the State of New York in 1997. Catholic University of America where he received a certificate of public policy in addition to his J.D. degree. Mr. Kerr joined the Firm in 1998. His practice focuses on securities litigation, consumer fraud, Mr. Guglielmo is the co-author of “Class Actions In deceptive insurance sales practices, commercial The Healthcare Context” which was published for the litigation and mass torts. Mr. Kerr has been actively following healthcare conferences: “Class Action Health involved in prosecuting complex lawsuits against the Care Litigation,” ALI-ABA Health Care Law and following companies and/or their officers and directors: Litigation Conference, 1999; “Class Actions: HMOs and Tyco International, Ltd., Vivendi Universal, S.A., The Health Care Providers Under Attack,” ALI-ABA Life News Corporation Ltd., Twentieth Century Fox Film and Health Insurance Litigation Conference, 2000; Ltd., Paramount Pictures Corp., Sony Pictures “Providers (Suits by Doctors and Hospital Class Entertainment, Inc., Universal City Studios, Inc., Kmart Actions),” ALI-ABA Health Care Law and Litigation Corp., Rite Aid Corp., Bear, Stearns & Co. Inc., Conference, 2000; “The Application of ERISA and PricewaterhouseCoopers, KPMG, Nationwide Life RICO Theories in the Age of Managed Care,” The Insurance Co., The Equitable Life Assurance Society of Judges And Lawyers Breast Cancer Alert, 2000; and the United States, General Instrument Corp., Sulzer “Health Care Litigation: What You Need to Know After Orthopedics, Inc., and United States Gypsum. Pegram,” Practicing Law Institute, 2000. Mr. Guglielmo is also the co-author of “An Overview Of Class Action Mr. Kerr is also actively involved in the Firm’s pro Litigation In the Managed Care Context” which was bono efforts, representing indigent prisoners in civil published for the following healthcare conferences: rights cases before the Second Circuit Court of Appeals, “Provider Suits by Doctors and Hospitals v. HMOs,” and working with Trial Lawyers Care to provide free ALI-ABA Health Care Law and Litigation Conference, legal assistance to the families of victims of the 2001, and American Society of Medical Associations September 11th attacks. Counsel, Fall 2002. Mr. Kerr is a member of the Association of the Bar Mr. Guglielmo is a member of the New York State, of the City of New York, the New York State Bar District of Columbia and American Bar Associations and Association, and the Association of Trial Lawyers of the Association of the Bar of the City of New York. Mr. America. Mr. Kerr is admitted to practice before the Guglielmo was admitted to the New York State Bar in United States District Courts for the Southern and 1996, the District of Columbia Bar in 1997 and the Eastern Districts of New York, as well as the United United States Supreme Court in 2003. He is also States Court of Appeals for the Third Circuit. admitted to practice before the United States District KIM MILLER graduated with a B.A. degree with Courts for the Southern and Eastern Districts of New honors from Stanford University in 1992 with a double York and the District of Colorado. major in English and psychology. She earned her J.D. CHARLES S. HELLMAN graduated with a degree from Cornell Law School, cum laude, in 1995. B.A. degree from Bard College in 1985. In 1996, he While at Cornell, Ms. Levy acted as co-chair of the graduated with a J.D. degree summa cum laude from Women’s Law Symposium, as bench brief editor of the

Firm Résumé 25 Cornell Moot Court Board, and as a member of the Weiss in 1998, she was in government service in the Board of Editors of the Cornell Journal of Law & Public State of New Jersey, holding several positions including Policy. She is admitted to practice in the States of deputy commissioner of insurance for life and health, California and New York and before the United States director of legal regulatory affairs for the Department of District Courts for the Southern and Eastern Districts of Health and Senior Services and executive director of the New York and the Northern, Southern, and Central New Jersey Real Estate Commission. Districts of California. As deputy commissioner of insurance she managed MICHAEL REESE graduated from New College the New Jersey Insurance Department’s Multi-State Task in 1992 with a B.A. in history and thereafter received his Force investigating the sales practices of the Prudential J.D. degree from the University of Virginia School of Insurance Company. She also served on the Board of Law in 1996. Upon graduation from law school, Mr. Directors of MBL Insurance Company as a rehabilitator Reese served as a trial attorney at the Manhattan District and managed litigation pursuant to the company’s Attorney’s Office where he prosecuted violent felony rehabilitation. and white collar crime. Thereafter as director of legal and regulatory affairs Mr. Reese joined Milberg Weiss in 2000 and has for the Department of Health and Senior Services, Ms. practiced in both its California and New York offices. Kartalopoulos was responsible for litigation Mr. Reese’s work focuses on antitrust, securities and management, the development of all regulations consumer fraud class action cases. Mr. Reese is a implementing the New Jersey Healthcare statutes, the member of the state bars of New York and California development and implementation of a streamlined and is admitted to practice before the U.S. District Certificate of Need (CN) law, and the development of Courts for the Northern and Eastern Districts of stringent prompt payment regulations to ensure that California, the Southern and Eastern Districts of New HMO’s meet contractual obligations to physicians and York, the U.S. District Court of Colorado as well as the ensure the stability of the health care network for the Ninth Circuit Court of Appeals. benefit of consumers. PETER E. SEIDMAN earned his B.A cum laude As executive director of The New Jersey State Real from Hobart College in 1979, following which he served Estate Commission, Ms. Kartalopoulos was responsible as a Peace Corps volunteer living and working among for implementing consumer disclosure/protection the Guarani, an indigenous tribe in Paraguay. He earned regulations which had been long opposed by the New an M.A. degree in journalism in 1982 from the Jersey real estate industry. She was also responsible for University of Michigan and subsequently worked as a all disciplinary investigations and hearings against journalist for a variety of publications. In 1994, he was realtors, the inspection and registration of out of state awarded a J.D. degree cum laude from the University of land sales marketed in the State of New Jersey, Michigan Law School. continuing licensing of 84,000 realtors and brokers and the on-going development of real estate regulations. Ms. Mr. Seidman joined Milberg Weiss in 2000 as an Kartalopoulos also worked with New Jersey Attorney associate. He actively engages in the investigation and General Deborah Poritz in the development of Megan’s prosecution of securities litigation on behalf of defrauded Law. investors. Before joining Milberg Weiss, he was an associate with the New York law firm of Orans, Elsen & Prior to government service, Ms. Kartalopoulos Lupert LLP for five years, where he was active in both specialized in local government law and land use civil and white collar criminal litigation in federal and representing a number of municipal governments, state courts. planning boards and boards of adjustment. She was responsible for litigation before both the State and Mr. Seidman is admitted to practice in the courts of Federal Courts, and negotiated significant settlements the State of New York, as well as the United States with the New Jersey Council on Affordable Housing District Courts for the Northern, Southern, and Eastern (COAH) for the benefit of low income residents of the Districts of New York. State. ANITA BRASS KARTALOPOULOS Ms. Kartalopoulos was admitted to the bar of New graduated with a B.A. degree from the University of Jersey and the U.S. District Court, District of New Toledo, with honors in 1974, majoring in classics, and Jersey, the same year. She is also admitted to the U.S. graduated from Seton Hall Law School in 1982, with Courts of Appeals for the Federal Circuit and the 3rd emphasis on health care law. Ms. Kartalopoulos works Circuit. primarily in the areas of insurance, consumer fraud, securities and managed care. Before joining Milberg

Firm Résumé 26 MITCHELL M. BREIT graduated with a B.A. Mr. Breit has been a frequent panelist at Mealey’s degree from the University of North Carolina at Chapel litigation conferences involving toxic and mass torts and Hill in 1972 and received his J.D. degree from groundwater contamination. Southwestern University School of Law in Los Angeles Mr. Breit is a member of the Association of the Bar in 1979. of the City of New York, where he served on the Art Mr. Breit serves as co-liaison counsel in cases Law Committee, the Committee on State Courts of involving the pharmaceutical product Serzone Superior Jurisdiction, the Committee on Federal consolidated in New York Supreme Court. He maintains Legislation, and currently the Committee on the an active mass tort practice that includes Fen-Phen, Judiciary; the Association of Trial Lawyers of America; Zyprexa, and Vioxx pharmaceutical litigation and and the New York State Trial Lawyers Association. Mr. consumer class actions involving the banking and Breit is admitted in New York, New Jersey and Virginia boating industries. He was class co-counsel and court- and the U.S. District Courts for the Southern and Eastern appointed depository custodian in groundwater Districts of New York, the District of New Jersey, the contamination litigation in the Southern District of New Eastern District of Virginia and the U.S. Court of York involving the gasoline additive MTBE. He Appeals for the Second Circuit. formerly represented the County of Suffolk, New York WAI Y. CHAN graduated from Duke University and the Suffolk County Water Authority in their claims in 1987 with a B.A. in economics and history. He against the petroleum industry for MTBE contamination. received his J.D. from Brooklyn Law School in 1994. Mr. Breit was also co-counsel in union health and Mr. Chan is admitted to practice in the courts of the State welfare fund tobacco litigation, which included multiple of New York and the State of New Jersey. class actions in numerous jurisdictions.

OF COUNSEL

PATRICIA M. HYNES is a trial lawyer and the Practising Law Institute since 1980 and was Chair of retains her “Of Counsel” status to the Firm once known its Civil RICO Program from 1984 to 1991. as Milberg Weiss Bershad Hynes & Lerach LLP. Ms. Ms. Hynes has been included in the list of Best Hynes is continuing her long and distinguished Lawyers in America since 1993 and more recently has association with the newly named Milberg Weiss been included in Who’s Who in American Law and the Bershad & Schulman LLP, where she specializes in Euromoney Guide to the World’s Leading Litigation complex securities and commercial litigation. She Lawyers. Ms. Hynes has also been included in The received her J.D. degree from Fordham Law School National Law Journal’s “Profile of America’s Top 50 where she was a member of the Fordham Law Review. Women Litigators” (December 17, 2001) and its “Survey Ms. Hynes served as law clerk to Joseph C. Zavatt, Chief of the Fifty Most Influential Women Lawyers in Judge of the United States District Court for the Eastern America” (March 30, 1998). District of New York, and was an Assistant United States Attorney in the Southern District of New York Ms. Hynes served as Chair of the American Bar from 1967 to 1982 where she held several executive Association’s Standing Committee on the Federal positions, including Executive Assistant U.S. Attorney. Judiciary from July 2000 to August 2001, having previously served as the Second Circuit Representative A Fellow of the American College of Trial Lawyers, on that Committee from 1995 to June 2000. Ms. Hynes Ms. Hynes has taught Trial Advocacy at Harvard Law served as a member of the ABA’s Commission on the School, Fordham Law School and the National Institute 21st Century Judiciary (2002-2003). Ms. Hynes has also of Trial Advocacy. Ms. Hynes is a member of the served as a member of the ABA’s Litigation Section American Law Institute and served on the Advisory Council (1989-1992) and was Chair of the Litigation Committee to the Federal Judicial Code Revision Project Section’s Securities Litigation Committee (1987-1989), from 1996 to 2001. Ms. Hynes has been a lecturer for

Firm Résumé 27 Co-Chair of its Pre-Trial Practice and Discovery Ms. Hynes is and has been co-lead counsel in several Committee (1992-1994) and has served as a member of class actions including: In re Oxford Health Plans, Inc. the Litigation Section’s Task Force on Civil Trial Securities Litigation, M.D.L. Docket No. 1222 (CLB) Practice Standards. Ms. Hynes also is a Fellow of the (S.D.N.Y.); In re DonnKenny Inc. Securities Litigation, American Bar Foundation. 96 Civ. 8452 (MGC) (S.D.N.Y.); Duncan, et al. v. Pencer, et al., 94 Civ. 0321 (LAP) (S.D.N.Y.); In re An active member of the Association of the Bar of MTC Electronics Technologies Shareholder Litigation, the City of New York, Ms. Hynes served as Chair of its CV-93-0876 (JG) (E.D.N.Y.); In re Salomon Inc. Federal Courts Committee from 1992 to 1995 and was a Shareholders’ Derivative Litigation, 91 Civ. 5500 (RPP) member of its Executive Committee from 1984 to 1988. (S.D.N.Y.); In re United Telecommunications, Inc. From 1982 to 1984, Ms. Hynes served as Secretary of Securities Litigation, Civ. No. 90-2252-0 (D. Kan.); In re that organization. Ms. Hynes also served as a Vice Lilco Securities Litigation, 84 Civ. 0588 (LDW) President of the Federal Bar Council from 1996 to 2002 (E.D.N.Y.); In re Diasonics Securities Litigation, C-83- and previously served on its Board of Trustees from 4584-RFP (FW) (N.D.Cal.); and In re Pepsico Securities 1983 to 1991. Litigation, No. 82 Civ. 8403 (ADS) (S.D.N.Y.). Presently, Ms. Hynes chairs the Merit Selection Ms. Hynes is admitted to practice in the courts of the Panel for Magistrate Judges for the Southern District of State of New York, as well as the United States District New York and since December, 2003, has been Chair of Courts for the Southern District of New York. the Board of Directors of The Legal Aid Society. Ms. Hynes also served as a member of the Planning and JARED SPECTHRIE graduated from Harvard Program Committee for the Judicial Conference of the College with honors in 1954 having majored in Second Circuit from 1998 to 2001. Ms. Hynes presently economics. After four years as a deck officer in the serves on the Second Circuit Court of Appeals Rules United States Coast Guard, he received a M.B.A. degree Committee. From 1994 through 2001, Ms. Hynes served in accounting from Rutgers University in 1959, as a member of the Mayor’s (Giuliani) Advisory graduating first in his class. He is a Certified Public Committee on the Judiciary. Accountant in the State of New York and practiced accounting for several years with a major auditing firm. In July of 2002, Ms. Hynes was appointed a member He was graduated from New York Law School in 1965, of the New York City Charter Revision Commission by summa cum laude, where he was first in his class and Mayor Michael R. Bloomberg. In March, 2002, Ms. valedictorian. He was admitted to the Bar in New York Hynes was appointed a member of the Administrative State in 1965, and is admitted to practice before the U.S. Board for the Offices of the Public Administrator by District Court in the Southern and Eastern Districts of Chief Administrative Judge Jonathan L. Lippman. In New York, and the United States Courts of Appeals for February, 2000, Ms. Hynes was appointed a member of the Second and Fifth Circuits. He has served on the the New York State Commission on Fiduciary faculty of New York Law School and has lectured on Appointments by Chief Judge Judith S. Kaye of the New “Accountants’ Liability” for the Practising Law Institute. York Court of Appeals. From 1987 to 1990, Ms. Hynes He has been engaged in the full-time practice of law served as a member of the New York State Commission since 1965 and has specialized in federal securities law on Government Integrity having been appointed by litigation for the past several years. Mr. Specthrie was Governor Mario Cuomo and from 1981 to 1982 was a lead counsel in In re Viatron, MDL 138 (D. Mass.), member of the New York State Executive Advisory where aggregate settlements exceeding $15 million were Committee on the Administration of Justice having been obtained after several months of trial and a jury verdict appointed by Governor Hugh L. Carey. on liability. * * * SOL SCHREIBER received a B.A. degree, cum Ms. Hynes was lead trial counsel for the City of San laude, in 1952 from the City College of New York, and Jose in a six-month jury trial in the United States District his LL.B. degree from Yale Law School in 1955. Court for the Northern District of California against From 1971 through 1978, Mr. Schreiber was a thirteen brokerage firms and an accounting firm United States Magistrate Judge in the United States involving losses to the City as a result of speculative, District Court for the Southern District of New York leveraged bond trading. The jury returned a verdict in where he conducted more than 1,500 criminal and 3,500 favor of the City of San Jose. Ms. Hynes also served as civil pretrial hearings and settled approximately 1,000 one of the lead plaintiffs’ counsel in the settlement civil cases. In addition to trying numerous civil and reached in the Drexel Bankruptcy and the $1.3 billion criminal cases, Mr. Schreiber supervised pretrial practice settlement reached with Michael Milken and others. in derivative, class and complex actions in the admiralty,

Firm Résumé 28 antitrust, aviation, securities, directors’ and officers’ and Award, Legal Aid Society (November 1984). Mr. product liability fields, including Berkey v. Kodak, Litton Schreiber is also the founder and co-chair of the Ovarian v. ATT, the Penn Central Commercial Paper Litigation, Cancer Research Fund, Inc. the New York Times and Readers’ Digest gender Mr. Schreiber is a member of the American Bar discrimination, the Argo Merchant-Nantucket stranding, Association, the New York State Bar Association, the and the Tenerife 747 collision cases. Association of the Bar of the City of New York and the From November 1978 to January 1982, when he American Law Institute. He is admitted to the bar of the joined Milberg Weiss, Mr. Schreiber served as the State of New York, to the United States District Courts President and Chief Executive Officer of a unit of the for the Southern and Eastern Districts of New York and Federation of Jewish Philanthropies of New York which to the Second Circuit Court of Appeals. provided centralized legal, risk management and RICHARD M. MEYER is a graduate of Yale insurance services for the Federation’s hospitals, homes University and a 1958 graduate of Yale Law School, for the aged, and health, education and community where he was a member of the Board of Editors of the service agencies. He was Trial Counsel from 1955 Yale Law Journal. Mr. Meyer served as a trial attorney through 1971 and Resident Counsel from 1966 through in the United States Department of Justice for two years 1971 of the Brooklyn office of Liberty Mutual Insurance and as special counsel to the Securities and Exchange Co. Commission for four years. He was a partner with the Mr. Schreiber has been a participant in numerous firm of Pomerantz Levy Haudek & Block from 1970 to special project committees for the American Bar April 1980, when he joined Milberg Weiss. Association and the Second Circuit. From 1960 to Mr. Meyer is the author and co-author of several law present, Mr. Schreiber has been the Planning and review articles, including “The Social Utility of Class Program Chairman of more than 125 national programs Actions,” 42 Bklyn. L. Rev. 189 (1975), and has spoken including ALI-ABA and PLI Continuing Professional at numerous forums under the auspices of groups such as Education national courses of study on evidence, civil the American Bar Association, American Law Institute, practice and employment discrimination litigation in Practising Law Institute, the Association of the Bar of federal and state courts. He has been a frequent lecturer the City of New York, the Center for the Study of at professional programs and workshops on federal and Financial Institutions of the University of Pennsylvania, state court civil procedure, federal and state court trial Columbia University and the Bureau of National Affairs. evidence and federal criminal practice and procedure. Mr. Schreiber was a reporter for the ABA Advocacy Mr. Meyer is admitted to practice in the courts of the Task Force (1970-1971), which led to the formation of State of New York, the Courts of Appeals for the First, the National Institute for Trial Advocacy. Second, Third, Fourth, Sixth, Seventh and Ninth Circuits, and the U.S. Supreme Court. From 1972 to 1987, he served as an adjunct professor at Fordham Law School teaching courses in trial PAUL D. YOUNG received his B.A. magna cum advocacy, product liability, mass torts and insurance laude from Yale University in 1981. He was elected to disputes. He has been editor for more than 40 CLE Phi Beta Kappa and granted with distinction in the course handbooks and major publications on civil history major. As a Fulbright Scholar, he studied at the practice and litigation, including ALI-ABA’s three- Universitaet Bielefeld, Germany from 1981 to 1983. He volume Civil Practice Guide, Litigation in Federal and graduated from Columbia University School of Law in State Courts (8th ed. 1998). Mr. Schreiber is a member 1986, where he was named a Harlan Fiske Stone Scholar. of the Board of Editors, Moore’s Federal Practice (2d Selected published decisions: In re APAC ed.). Teleservices, Inc. Securities Litigation, No. 97 Civ. 9145 Presently, Mr. Schreiber is Court-Appointed Special (BSJ), 1999 U.S. Dist. LEXIS 17908 (S.D.N.Y. Nov. 19, Master in Marcos Human Rights Litigation. He was 1999); In re Ashanti Goldfields Securities Litigation, 184 Special Master in the Pan American Lockerbie cases, the F. Supp. 2d 247 (E.D.N.Y. 2002); In re Ashanti Agent Orange Litigation (March 1982-January 1984), Goldfields Securities Litigation., No. 00 CV 717 and a series of other complex federal civil cases. (DGT)(RML), 2003 U.S. Dist. LEXIS 724, (E.D.N.Y. Jan. 7, 2003); Berwecky v. Bear, Stearns & Co., 197 Mr. Schreiber was Judicial Member, Anglo F.R.D. 65 (S.D.N.Y. 2000); Dorchester Investors v. Peak American Exchange on Civil Procedure (March 1974), International Limited, 134 F. Supp. 2d 569 (S.D.N.Y. and Hearing Officer, N.Y. State Master Energy Plan (fall 2001); Dorchester Investors v. Peak TrENDS Trust, No. 1979). He is the recipient of the Francis Rawle Award 99 Civ. 4696 (LMM), 2002 U.S. Dist. LEXIS 3067 for outstanding achievements in post-admission legal (S.D.N.Y. Feb. 26, 2002); Dorchester Investors v. Peak education (ALI-ABA, July 1985) and the Presidential

Firm Résumé 29 TrENDS Trust, No. 99 Civ. 4696 (LMM) (FM), 2003 Legal Services Corporation. Earlier in her career, she U.S. Dist. LEXIS 1446 (S.D.N.Y. Feb. 3, 2003); In re worked for the National Treasury Employees Union and General Instrument Corp. Securities Litigation, No. 96 C AFSCME (American Federation of State County and 1129, 2000 U.S. Dist. LEXIS 17078 (N.D. Ill. Nov. 22, Municipal Employees). 2000); Hunt v. Alliance North American Government Throughout her career, Ms. Palast has organized and Income Trust, Inc., 159 F.3d 723 (2d Cir. 1998); Lipinski directed numerous broad-based national and grassroots v. Skinner, 781 F. Supp. 131 (N.D.N.Y. 1991); In re legislative and issue campaigns. She founded and co- MTC Electronic Technologies Shareholder Litigation, chaired the bipartisan coalition that was responsible for 898 F. Supp. 974 (E.D.N.Y. 1995); In re MTC Electronic enacting the landmark Family and Medical Leave Act. Technologies Shareholder Litigation, 993 F. Supp. 160 As Assistant Secretary, she was a leader in the successful (E.D.N.Y. 1997); Olczyk v. Cerion Technologies, Inc., policy and legislative efforts to enact the minimum wage 721 N.E.2d 732; (Ill. App. Ct. 1999); Siemer v. increase, the Workforce Investment Act—the overhaul Associates Financial Services., No. CV-97-281-TUC-JC of the nation’s employment and training system, Welfare (JMR), 1999 U.S. Dist. LEXIS 22784, (D. Ariz. July 23, to Work, School to Work, and the historic congressional 1999); Siemer v. Associates First Capital Corp., No. CV ratification of the International Labor Organization 97-281 TUC JMR (JCC), 2001 U.S. Dist. LEXIS 12810 (ILO) international convention against abusive child (D. Ariz. Mar. 30, 2001); Siemer v. Associates First labor. She worked on numerous pension reform Capital Corp., No. CV 97-281-TUC-JC (JMR), 2000 legislative and regulatory matters. She has also been a U.S. Dist. LEXIS 21244, (D. Ariz. Dec. 14, 2000). He strategic adviser to many electoral campaigns. was a guest lecturer on predatory lending at the annual meetings of the NAACP in July 2001 and July 2002. Ms. Palast has served on numerous boards and advisory committees. She has also lectured at colleges Mr. Young is a member of the New York City Bar and universities. Ms. Palast is admitted to practice in the Association. Mr. Young is admitted to practice before District of Columbia, and she is an inactive member of the United States District Court for the Southern, the California State Bar. Northern and Eastern Districts of New York and the United States Courts of Appeals for the First, Second, DEBORAH M. STURMAN received a Prix d’ Fourth, Fifth and Seventh Circuits and the United States Excellence from the Royal Brussels Conservatory and a District Court for the District of Arizona. J.D. degree from the University of California at Los Angeles School of Law. HONORABLE GERI D. PALAST, Of Counsel to Milberg Weiss Bershad & Schulman, is a Root-Tilden Ms. Sturman conceived of, and, together with senior Public Service Law Scholar from New York University partner Melvyn Weiss, filed the first suits in United School of Law, and an honors graduate of Stanford States courts on behalf of Holocaust-era slave labor University. Ms. Palast directs the Firm’s program victims, leading to recoveries of approximately $7 reaching out to institutional investors in areas of billion. She has been profiled in both The Wall Street litigation, policy and public affairs. Formerly, she was Journal and Financial Times for her innovative the founder and executive director of the Justice at Stake lawyering and regularly appears as a legal commentator Campaign, a national organization working to ensure fair in the German, Dutch, French, Swiss and Belgian media and impartial courts. From 1993-2000, she was as well as on numerous international and national confirmed by the U.S. Senate to serve as Assistant Continuing Legal Education panels for complex and Secretary of Labor for Congressional and international litigation. Intergovernmental Affairs during President Clinton’s Since the early 1990’s, Ms. Sturman has represented two terms under Labor Secretaries Robert Reich and Holocaust survivors and their heirs seeking restitution of Alexis Herman. She also served on the President’s real property in the former East Germany “Aryanized” Interagency Council on Women, where she chaired the during World War II, and assisted European investors in Committee on Women in the Global Economy. The connection with their United States investments. She is Committee monitored U.S. compliance with the Beijing fluent in German and Dutch/Flemish and conversant in Platform for Women. She was a member of the U.S. French and Italian. delegation to Women 2000 at the United Nations. Her focus was the impact of globalization on women. Ms. Sturman is admitted to the bar of California, and the Supreme Court of the State of California. She is also Prior to joining the Clinton Administration, Ms. admitted to the Federal Circuit Court of Appeals, the Palast was the Political and Legislative Director of U.S. Court of Appeals, Second Circuit, the U.S. District Service Employees International Union, 1981-1993. In Court for the District of Columbia, and the U.S. District 1979, she established and ran the Washington office of the National Employment Law Project, a program of the

Firm Résumé 30 Courts for the Southern and Eastern Districts of New resulted in the recovery of more than $30 million under York. the Federal Fair Labor Standards Act. Litigation brought by Mr. Guttman on behalf of nuclear weapons workers at DAVID K. BERGMAN graduated with a B.A. “Manhattan Project” nuclear weapons sites resulted n degree in American studies from Brandeis University in congressional oversight and changes in procurement and 1986. He earned a J.D. degree from Brooklyn Law sales practices. School in 1989. Mr. Bergman practices primarily in the field of class action securities fraud and spends a large Mr. Guttman’s publications include: “The False percentage of his time representing Milberg Weiss as a Claims Act: Holding Employers Accountable For liaison with public funds and other institutional Workplace Rights” (co-author, Employee Rights investors. Mr. Bergman is regularly sought out as a Quarterly, Aspen, Fall 2000); “The Dormant Commerce speaker on a wide variety of topics relating to, among Clause and Interstate Transportation of Waste,” other things, securities fraud, myriad facets of corporate University of Pennsylvania, Journal of Resource governance, and the fiduciary duties of a pension fund Management and Technology, June 1993; “Impact of trustee. Mr. Bergman has served as lead and co-lead OSHA Bloodbourne Disease Rule,” Medical Waste, Vol. counsel in numerous securities fraud class actions, and 1, No. 1, Oct. 1992; “Supreme Court Holdings Benefit has extensive experience representing investors and Landfill and Incinerator Operators,” Medical Waste, Vol. other claimants in the arbitration process. 1, No. 3, Dec. 1992; “Supreme Court Upholds Preemptive Powers of OSHA Act,” Medical Waste, Vol. Prior to joining Milberg Weiss, Mr. Bergman also 1, No. 4, Jan. 1993; “EPA Dialogue May Result in Rules concentrated in the field of professional responsibility for Commercial Buildings,” 2 Nat’l Journal of Asbestos and ethics, serving as chief complex claims counsel for in Buildings Litigation, 13, 1989; “The Asbestos Model: the New York State Bar in high exposure cases against Labor and Citizens Groups and a Multi-Pronged lawyers and law firms all across New York State, where Approach to Regulatory Change,” paper first presented he also lectured on issues relating to professional at the Annual Meeting of the American Political Science responsibility and legal ethics, and served in various Association, Chicago, Ill., Sept. 1, 1987; published as a capacities on a number of professional responsibility chapter in Conflict Resolution and Public Policy, edited committees and panels. Immediately prior to joining by Miriam K. Mills, Greenwood-Quorum Press, October Milberg Weiss, Mr. Bergman was a principal in 1990; “At Issue: Should Congress Pass Legislation That Frydman & Bergman, where he represented investors in Would Extend The Asbestos Hazard Energy Response arbitrations, securities fraud class actions and Act To All Public and Commercial Buildings,” shareholder derivative actions. Mr. Bergman also served Congressional Quarterly’s Editorial Research Reports, as an appellate advocate for numerous law firms, in both Vol. 1, No. 9, 1990; “Representation Campaigns and the New York State and the United States Court of Appeals. Future of Labor: a Legal and Theoretical Perspective,” He is admitted to practice in all Federal, State and paper presented at the Annual Meeting of the Midwest Appellate Courts in New York. Political Science Association, Chicago, Ill., April 4, REUBEN A. GUTTMAN graduated from the 1988. Consulting Editor: The Regulatory Analyst: University of Rochester in 1981 where he received a Medical Waste, a monthly publication, Warren Gorham B.A. degree in history. He graduated from Emory Lamont, New York, N.Y., 1992-1994. Chapter Author University Law School in 1985 where he received a J.D. and Advisory Board Member, “Environmental degree. Management in Healthcare Facilities,” W.B. Saunders Company, April 1998. Mr. Guttman’s practice involves complex litigation and class actions. He has represented clients in claims Mr. Guttman has appeared on ABC National News brought under the Federal False Claims Act, the Price and CNN, and has been quoted in major publications, Anderson Act, Department of Energy (DOE) statutes and including the Wall Street Journal and various national regulations, securities laws, the WARN Act, RICO, and wire services. various employment discrimination, labor and In addition to his writings, Mr. Guttman has testified environmental statutes. He has also litigated claims on environmental issues before committees of the United involving fraud, breach of fiduciary duty, antitrust, States House of Representatives and the United States business interference and other common law torts. Senate, and in 1992 advised President-elect Clinton’s Mr. Guttman has been counsel in cases generating transition team on labor policy. He has been an invited some of the largest recoveries under the Federal False speaker on privatization and procurement issues at Cases Act including U.S. ex rel Johnson where over conferences sponsored by the United States Department $300 million was recovered from the oil industry. He of Energy (Oakland, California, 1997; Denver, Colorado, also served as lead counsel in a series of cases which 1995). He was also invited to speak on employment

Firm Résumé 31 discrimination by the Houston Regional Office of the As general counsel for two large multi-employer United States Equal Employment Opportunity retirement plans for over 10 years, Ms. Menon Commission (EEOC) at its Fall 1998 Technical developed expertise in many areas of employee Conference in Beaumont, Texas. He has guest lectured benefits administration including legislative and at Swarthmore College, University of Pennsylvania, regulatory affairs, investments, tax, fiduciary Johns Hopkins University, and The George Washington compliance and plan administration. She provided University. day-to-day legal advice to the Board and staff, and was responsible for drafting all legislative initiatives Mr. Guttman is a founding member of the involving benefit and investment structure enabling Association of Trial Lawyers of America (ATLA) Qui the retirement plans to provide secure long-term Tam Litigation Group and was a featured speaker on the benefits for State, public safety, and municipal False Claims Act at the ATLA 2001 Annual Convention employees. in Montreal, Canada. Mr. Guttman is admitted to practice law in Georgia (admitted in 1985), the District Ms. Menon also served as a deputy prosecuting of Columbia (admitted in 1988), Pennsylvania (admitted attorney for the Marion County Prosecutor’s Office in in 1991) and New Jersey (admitted in 1991). Indianapolis, IN. In addition she was an adjunct professor for the Indiana Wesleyan University in RUBY MENON graduated from Indiana Indianapolis, IN where she taught Business Law, University with a B.A. degree in journalism/English. Ethics and Business Communications. She also received her J.D. degree from Indiana University. She is currently an instructor for the International Foundation of Employee Benefit Plan’s certificate Ms. Menon focuses primarily on providing services training program (CAPPP™) for trustees, to public pension funds, employee benefit plans, administrators and other key decision makers of foundations and endowments. She formerly served as employee benefit plans. She frequently participates as the first general counsel of the Denver Employees’ a speaker for various organizations serving U.S. and Retirement Plan. Prior to that, she was the general international public pension plans. counsel for the Indiana Public Employees’ Retirement Fund. At Indiana, one of her successful projects was Ms. Menon is admitted to practice in the courts of the to help develop the legal strategy and advocacy for the States of Indiana and Colorado, as well as the United State’s Referendum lifting the long-standing States District Courts for the Northern and Southern prohibition on the pension funds’ investment in equity Districts of Indiana, the Colorado District Court, the instruments. United States Courts of Appeals for the Seventh and Eleventh Circuits, and the U.S. Supreme Court.

SPECIAL COUNSEL

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

Firm Résumé 32 States Courts of Appeals for the Second, Fifth and Ninth New York, the Southern District of California and the Circuits, the United States District Courts for the District of New Jersey, and the United States Tax Court. Southern, Eastern, Northern and Western Districts of

ASSOCIATES

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

Firm Résumé 33 Mr. Barravecchio was admitted to the bar of the State Ms. Berney is admitted to practice in the courts of the of New Jersey in 1998 and is admitted to practice before States of New York and Pennsylvania, as well as the the United States District Court for the District of New United States District Courts for the Southern and Jersey. He was also admitted to the bar of the State of Eastern Districts of New York, the U.S. Tax Court, and New York in 1999, and is admitted to practice before the the U.S. Claims Court. United States District Court for the Southern and Eastern BRUCE D. BERNSTEIN graduated from the Districts of New York. University of Vermont in 1994 with a B.A. degree. In ELIZABETH A. BERNEY graduated with honors 1997, he earned his J.D. degree from The George from Cornell University in 1975 with a B.S. degree in Washington University Law School. Mr. Bernstein is a industrial and labor relations. She received her J.D. member of the New York County Lawyers Association degree from the University of Chicago Law School in and the American Bar Association. He is admitted to the 1978. Ms. Berney previously worked as an associate at New York State Bar and is admitted to practice before Dewey Ballantine in the tax and municipal bonds fields the United States District Courts for the Eastern and (where she obtained the tax exemption rulings for the Southern Districts of New York. bonds that financed the Intrepid Museum’s construction ROSS BROOKS earned his B.A. degree from and spoke on television regarding municipal bond Cornell University in 1992, cum laude, and his J.D. issues); as in-house counsel at Queens College (CUNY); degree from the University of Chicago Law School in as a litigation associate at Gilbert, Segall and Young 1997. Mr. Brooks’ practice is focused primarily on class (now part of Holland & Knight) specializing in cases actions brought on behalf of defrauded investors and involving foreign governments; and in her own legal and consumers. Prior to joining Milberg Weiss in 2003, Mr. literary practice. She was involved in the Holocaust Brooks worked as an associate with law firms in New assets litigation against German and Swiss banks; York and New Jersey, concentrating in the areas of negotiated computer software agreements for large commercial litigation and intellectual property. software manufacturers; and represented notables such as Marcel Marceau, the Upton Sinclair estate, the author Mr. Brooks is admitted to practice in the courts of the of the controversial book, Son of Sam, and the Poetry State of New York, as well as the United States District Society of America in publishing matters. She also Court for the Southern District of New York. appeared on a German television documentary, and was LISA L. COGAN earned her B.A. degree in liberal a speaker/panelist for the Women’s National Book arts from Xavier University in 1996. She earned her Association. J.D. degree from Salmon P. Chase College of Law in Ms. Berney joined Milberg Weiss in the spring of 2000. 2000 as a senior associate. She has been an active Ms. Cogan focuses her practice on class actions on member of the Firm’s litigation teams for various cases behalf of defrauded investors and consumers, as well as including Firestone Tire / Ford Explorer, Enron, and complex litigation and employment discrimination. She Xerox. Ms. Berney is a member of the Federal Bar primarily represents mutual fund investors in actions Council. She is also an avid amateur violinist. As an involving the improper market timing and late trading of undergraduate, she served as concert mistress of the mutual fund shares in In re Mutual Funds Investment Cornell Symphony Orchestra, and while in law school, Litigation, MDL. No. 1586 (D.Md.), and in actions was a violinist with the Chicago Civic Orchestra. More alleging that mutual fund companies and brokerage recently, she has been a first violinist in local orchestras houses are charging their clients excessive fees and such as the New York City Bar Association Lawyers’ commissions. Ms. Cogan was also an integral part of the Orchestra and COSMOS (Chamber Orchestra of team representing shareholders in the Disney Medicine and Science). Shareholder Litigation being tried in the Delaware Court Ms. Berney gave a guest lecture to Cardozo Law of Chancery. School’s ethics class in February 2004 on the topic, Ms. Cogan was admitted to the the bar in the State of “Ethics of Class Action Representation and Fees.” She Kentucky in 2001 and is admitted to practice in the is Melvyn I. Weiss’s co-author for the recent article, United States District Court for the Eastern District of “Restoring Investor Trust in Auditing Standards and Kentucky. She was also admitted to the bar of the State Accounting Principles,” which appeared in the Harvard of New Jersey in 2003 and is admitted to practice before Journal on Legislation (Winter 2004). She is currently the United States District Court for the District of New working on an article on confidentiality with Sol Jersey. Schreiber. JENNIFER S. CZEISLER graduated from Hofstra University in 1994 with a B.A. degree in psychology.

Firm Résumé 34 After completing graduate degree work at Hunter School political science. In 1992, he received his J.D. degree of Social Work (1994-95), she pursued a J.D. degree, from Whittier Law School. While in law school, Mr. which she earned in 1999 from the University of Miami Fraser externed for the Hon. Vincent P. Zurzolo, United School of Law, where she graduated cum laude. Ms. States Bankruptcy Judge for the Central District of Czeisler was on the editorial board of the Law Review of California. Psychology, Public Policy & Law and earned numerous Mr. Fraser focuses his practice in the areas of awards, including the Cali Excellence for the Future securities, mass torts and employment discrimination. Award, Dean’s Certificate of Achievement Award and He is currently one of the attorneys litigating on behalf membership in the Phi Delta Phi National Honor of the plaintiffs in the recently certified class action Society. Ms. Czeisler is admitted to practice in the State alleging employment discrimination at the Jacob K. of New York and is a member of the American Bar Javits Convention Center, Cokely, et al. v. NYCCOC, et Association, where she is committed to her pro bono al. (S.D.N.Y.). In the mass torts practice, Mr. Fraser is a work with the American Bar Association Commission on key part of the team representing over 330 individuals Legal Problems of the Elderly. relating to injuries they sustained by their ingestion of DAN P. DIETRICH graduated from the University the diet drug combination known as Fen-Phen in In re of Florida in 1997 with a double major in finance and Diet Drug Litigation Venued in Bergen County. In management. He earned his M.B.A. degree in finance securities, he worked on the successfully resolved In re from the University of Miami in 2000 and his J.D. Racing Champions Securities Litigation (N.D. Ill.) and is degree from St. John’s University School of Law in currently a member of the team handling the landmark In 2003. While at St. John’s, Mr. Dietrich was the Editor- re IPO Securities Litigation, alleging various forms of in-Chief of the New York International Law Review. market manipulation. Mr. Dietrich focuses his practice primarily on class Mr. Fraser is admitted to practice in New York, actions on behalf of defrauded investors and New Jersey and the U.S. District Courts for the Southern shareholders, as well as complex litigation. He currently District of New York, the Eastern District of New York represents shareholders in actions against various mutual and the District of New Jersey. fund families in which Milberg Weiss has been SUSAN M. GREENWOOD graduated cum laude appointed sole lead counsel, including In re Goldman from Cornell University in 1994 with an A.B. degree in Sachs Fee Litigation (S.D.N.Y.) and In re Dreyfus Fee history. She earned her J.D. degree from the University Litigation (W.D. Pa.). of Pennsylvania Law School in 1997. Ms. Greenwood Mr. Dietrich is a member of the New York State Bar was admitted to the New York State Bar and the New Association and the American Bar Association. He is Jersey State Bar in 1998. In 2000, she was admitted to admitted to the bar of the State of New York and the practice before the United States District Court for the State of Florida. Southern and Eastern Districts of New York. MICHAEL EISENKRAFT graduated Magna Cum SHANNON HOPKINS earned her B.A. degree from Laude with honors from Brown University in 2001, Bryant College in 1995, cum laude, and her J.D. degree where he double-majored in history and comparative from Suffolk University Law School in 2003, magna politics and was elected to Phi Beta Kappa. In 2004, Mr. cum laude. Ms. Hopkins focuses her practice on class Eisenkraft graduated Cum Laude from The Harvard Law actions on behalf of defrauded investors. Prior to joining School. Mr. Eisenkraft joined Milberg Weiss in 2004, Milberg Weiss, she was associated with the Boston after working as a summer associate for the firm after his office of Berman DeValerio Pease Tabacco Burt & first and second years of law school. Prior to joining Pucillo, where she focused her practice on securities Milberg Weiss, Mr. Eisenkraft spent the summers before litigation. Ms. Hopkins is also a Certified Public law school working with the Vera Institute For Justice's Accountant and worked for a major public accounting Adolescent Portable Therapy Project and the firm before becoming an attorney. During law school, Neighborhood Defender Service of Harlem. Ms. Hopkins was a member of the Journal of High Technology and authored a note entitled, “Cybercrime Mr. Eisenkraft focuses his practice primarily on class Convention: A Positive Beginning to a Long Road actions on behalf of defrauded investors and consumers, Ahead,” 2 J. High Tech. L. 101. Ms. Hopkins also as well as complex commercial litigation and mass torts. served on the executive board of Phi Delta Phi. Mr. Eisenkraft was admitted to the New Jersey State Bar in 2004 and the New York State Bar in 2005. Ms. Hopkins is admitted to practice in the courts of the States of Massachusetts and New York, as well as the NEIL R. FRASER graduated from the University of United States District for the District of Massachusetts. Massachusetts, Amherst in 1989 with a B.A. degree in

Firm Résumé 35 JENNIFER K. HIRSH graduated from Brown amounts of money ever returned to a public company by University in 1987 with a B.A. degree in history. She members of its management in an executive spent a year studying history at University College compensation type lawsuit. London. In 2001, she earned her J.D. degree from Mr. Jones is a member of the Firm’s Technology Benjamin N. Cardozo School of Law, where she was Committee. In 2005, Mr. Jones was admitted to the Senior Articles Editor of the Journal of Comparative and Georgia State Bar. International Law. Ms. Hirsh is a member of the New York Bar. TODD KAMMERMAN received his B.A. degree cum laude with honors in politics from Brandeis CHRISTOPHER S. JONES received his B.A. degree University in 1999. In 2002, he received his J.D. degree in economics cum laude from the University of Akron in from the Benjamin N. Cardozo School of Law. While at 1991, and his J.D. degree from DePaul University Cardozo, Mr. Kammerman was named an Alexander College of Law in 1996. Fellow, through which he worked as a judicial intern in Mr. Jones began his legal career as an attorney with a the chambers of the Honorable Joseph A. Greenaway, prominent corporate defense firm where he gained Jr., U.S.D.J. in Newark, NJ. Mr. Kammerman is a extensive litigation experience in a variety of areas, member of the bars of the States of New York and New including complex litigation, class actions, and appellate Jersey and is admitted to practice before the United litigation. His reported victories there spanned federal States District Court for the District of New Jersey. and state courts, including Conway v. Royalite, 12 S.W. HANNAH K. KIERNAN graduated cum laude from 3d 314 (Mo. 2001), Fletcher v. Conoco Pipeline Co., the University of Michigan in 1994 with a B.S. degree in 129 F. Supp. 2d 1255 (W.D. Mo. 2001), Clay v. Nursing. She practiced nursing on a general medical American Tobacco Co., 188 F.R.D. 483, 1999 U.S. Dist. floor at New York University Medical Center between LEXIS 19515 (S.D. Ill. 1999), and West Virginia-Ohio 1994-1997. Ms. Kiernan graduated from Boston College Valley Area I.B.E.W. Welfare Fund v. American Tobacco Law School, where she was a Member of the Jessup Co., 188 F.R.D. 425 (S.D. W. Va. 1999). International Moot Court Team, in 2000. While in law Mr. Jones joined Milberg Weiss in 2001. His school, Ms. Kiernan was awarded a Public Interest Law practice focuses on securities class action litigation, Foundation, Distinguished Civil Rights Award for her corporate derivative litigation, and consumer class action paper entitled “Insanity or Death: The Choice that litigation. Along with his colleagues, his securities class Violates the 8th Amendment.” action victories and settlements include In re Hamilton Ms. Kiernan is the co-author of “Reviewing Bancorp Securities Litigation, 194 F. Supp. 2d 1353 Discovery Under HIPAA Privacy Rules” which was (S.D. Fla. 2002) (defeating motion to dismiss; $8.5 published in the New York Law Journal on August 17, million settlement), In re UniCapital Corp. Securities 2001. She is also co-author of “The Patient Health Litigation, Case No. 00-2054 (S.D. Fla. 2002) (defeating Information and Quality Improvement Act of 2000: corporation’s motion to dismiss; $5.2 million Health Care Consumers Beware - or Befuddled?” which settlement), In re Mirant Securities Litigation, Case No. was published in Mealey’s Managed Care Liability 1:02-CV-1467 (N.D. Ga. 2003) (defeating motions to Report on December 8, 2000. dismiss; case pending); In re Intercept Securities Litigation, Case No. 1:03-CV-567 (N. D. Ga. 2004) Ms. Kiernan is a member of the American Bar ($5.5 million settlement), and In re AES Securities Association and the New York State Bar Association. In Litigation, Case No. 1:03-CV-284 (S.D. In. 2004) ($5 2001, Ms. Kiernan was admitted to the New York State million settlement). Bar. She is also admitted to practice before United States District Courts for the Southern and Eastern Mr. Jones also has extensive experience in Districts of New York. prosecuting corporate derivative actions. Notably, he was one of the lead counsel in the widely reported case SABRINA KIM earned her B.A. degree from the involving FPL Group (NYSE:FPL), a large public utility University of California, Los Angeles, in 1992, and her holding company. After nearly three years of intense J.D. degree from the University of California, Hastings litigation, which included a victory on the defendants’ College of Law in 1996. She focuses primarily on class motions to dismiss (see Klein v. FPL Group, Inc., 2004 actions on behalf of defrauded consumers and investors U.S. Dist. LEXIS 919, 2004 WL 302292 (S.D. Fla. Jan. as well as public shareholders in mergers and acquisition 20, 2004)), eight FPL executives, and their insurer, have cases. She came to the Firm from the California agreed to return $22.25 million dollars in compensation Department of Justice, where she was a deputy attorney to the company. The settlement represents a general in the Consumer Law Section for six years. groundbreaking recovery, standing as one of the largest During her tenure as a state prosecutor, Ms. Kim served

Firm Résumé 36 on the Attorney General’s Asian Pacific Islander 16009 (E.D. Pa. Aug. 23, 2002), and In re Aura Systems, Advisory Board and prosecuted high-profile, complex Inc. Securities Litigation, No. 97-3103 SVW (C.D. Cal.). state and federal consumer fraud cases, including those In In re Amylin Pharmaceuticals, Inc. Securities against major predatory lenders, notorious immigration Litigation, No. 01cv1455 BTM (S.D. Cal.), she consultants, and others who engaged in unlawful and successfully opposed defendants’ motion to dismiss, deceptive business practices. She has also conducted 2002 U.S. Dist. LEXIS 19481 (S.D. Cal. Oct. 9, 2002), numerous consumer education presentations to and defendants’ subsequent motion for reconsideration, community organizations and has taught Consumer Law 2003 U.S. Dist. LEXIS 7667 (S.D. Cal. May 1, 2003). as an adjunct professor at Loyola Law School. She is a She also successfully opposed defendants’ motions to board member of the Korean American Bar Association. dismiss in In re Williams Securities Litigation, No. 02- CV-72H (N.D. Okla.). In In re Lantronix Inc. Securities Ms. Kim is admitted to practice in the courts of the Litigation, No. 02-03899 PA (C.D. Cal.), the corporate State of California, as well as the United States District defendant, in a federal securities class action filed post- Court for the Central District of California. PSLRA, did not even move to dismiss the securities MATTHEW A. KUPILLAS graduated from the fraud allegations in the consolidated complaint she State University of New York at Albany in 1990 with a drafted. B.A. degree in philosophy. In 1994, Mr. Kupillas Ms. Lin is admitted to practice in the courts of the received his J.D. degree from New York University State of California, as well as the United States District School of Law. Mr. Kupillas focuses his practice Courts for the Central, Northern, Southern and Eastern primarily on class actions on behalf of defrauded Districts of California, the Western District of Michigan, investors and consumers, as well as complex commercial the District of Colorado, and the United States Courts of litigation. His involvement in the In re Oxford Health Appeals for the Ninth and Tenth Circuits. Plans, Inc. Securities Litigation helped shareholders recover an aggregate settlement of $300 million. Mr. ANN M. LIPTON graduated with distinction from Kupillas is a member of the New York State Bar Stanford University in 1995, Phi Beta Kappa, with a Association and the American Bar Association. He is a B.A. degree in communication and psychology. In 2000, member of the bar of the State of New York and is Ms. Lipton graduated magna cum laude from Harvard admitted to practice before the United States District Law School, where she was awarded the Sears Prize for Court for the Eastern District of Wisconsin. her second-year grade point average and served as an Articles Editor for the Harvard Law Review. Prior to SHARON M. LEE graduated from St. John’s joining Milberg Weiss, she clerked for Chief Judge University in 1997 with a B.A. degree in Asian studies, Edward R. Becker of the United States Court of Appeals and a M.A. degree in East Asian studies in 1998. Ms. for the Third Circuit, and Associate Justice David H. Lee earned her J.D. degree from St. John’s University Souter of the United States Supreme Court. She was School of Law in 2001 where she was the notes and admitted to the New York State Bar in 2001. comments editor of The New York International Law Review, and the author of an article published therein. DAVID B. MANNO graduated from Hofstra Ms. Lee is a member of the New York State Bar University in 1992 with a B.B.A. degree in management. Association. She is admitted to the bar of the State of He received his J.D. degree with distinction from Hofstra New York, and is admitted to practice in the Southern University School of Law in 1997. Mr. Manno primarily and Eastern Districts of New York. represents companies in connection with public and private financings, mergers and acquisitions, securities ELIZABETH LIN earned her B.A. degree from the transactions and general corporate matters. During 2004, University of California, Los Angeles in 1991 and her he served as an arbitrator in the Civil Court of New York J.D. degree from UCLA Law School in 1994. Ms. Lin Small Claims Part in Queens, New York. Mr. Manno is focuses her practice on investigating fraud and litigating admitted to practice in the courts of the State of New class action lawsuits on behalf of defrauded individual York. and institutional investors. Prior to joining Milberg Weiss, Ms. Lin was a senior associate at Weiss & JANUARY L. MARSCH received her B.A. degree in Yourman, where she successfully litigated class action government and law from Lafayette College and lawsuits resulting in multi-million dollar recoveries for graduated from New York Law School, cum laude in members of the class. Ms. Lin was instrumental in 2001. While at NYLS, Ms. Marsch was active in the achieving a recovery for the class in, among other cases, Moot Court Association and served as the Executive In re Southern Pacific Funding Corp. Securities Editor. She received several awards including the Litigation, 83 F. Supp. 2d 1172 (D. Or. 1999), In re U.S. Morris Orland Award for Excellence in Appellate Interactive Inc., No. 01-CV-522, 2002 U.S. Dist. LEXIS Advocacy and the National Second Best Brief Award at

Firm Résumé 37 the Burton D. Weschler Moot Court Competition. In experience in international litigation, primarily involving 2001, Ms. Marsch was awarded the National Moot Court European companies. She is fluent in German. Ms. Association Honors and was elected into the Order of the Stahnke was admitted to the State Bar of Georgia in Barristers. She was the Recipient of the Arthur Abbey 1999, the New York Bar in 2003 and the Florida Bar in Fellowship for public advocacy in 2002. Ms. Marsch 2004. has completed internships for the US Attorney’s Office JOHN MILLS earned his B.A. degree from Duke for the Southern District of New York and the Honorable University in 1997, and his J.D. degree from Brooklyn Kevin Thomas Duffy, U.S. District Judge, SDNY. Ms. Law School in 2000, cum laude. Mr. Mills is admitted Marsch joined Milberg Weiss in 2003. Ms. Marsch is a to practice in the courts of the State of New York. member of the New York State Bar Association, New York County Lawyers Association, New Jersey State CHRISTOPHER POLASZEK earned his B.S. degree Bar Association and the American Bar Association. She from Florida State University in 1992, cum laude, his is admitted to the Bars of the States of New York and M.B.A. degree from Florida State University in 1997, New Jersey and the United States District Court for the cum laude, his J.D. degree from Florida State University State of New Jersey. in 1997, cum laude, and his LL.M. degree from Georgetown University in 2000. While pursuing his CAROLINE MARSHALL graduated from legal education, Mr. Polaszek interned with the Florida Dartmouth College in 1988 with a B.A. degree in Senate and United States Senator Bob Graham. Mr. philosophy. In 1992, she received her J.D. degree from Polaszek currently specializes in securities fraud Fordham University School of Law, where she was litigation. Prior to joining Milberg Weiss, Mr. Polaszek captain of Fordham’s National Moot Court Team and a spent several years practicing commercial litigation with recipient of an Excellence in Advocacy award. Ms. an emphasis on securities litigation and arbitration. In Marshall served as a trial assistant at the New York this regard, in addition to litigating matters in state and County District Attorney’s Office for three and a half federal courts, he has represented numerous clients in years and as an assistant corporation counsel for the Law securities arbitration proceedings conducted by the Department for the City of New York for one year. Ms. National Association of Securities Dealers, Inc., the New Marshall then spent five years practicing criminal York Stock Exchange, and the American Arbitration defense both in private practice and as a public defender. Association. Mr. Polaszek is also a member of the Before joining the Firm in 2003, she worked for Deloitte Federal Bar Association and the American Bar & Touche’s Business Intelligence Unit. Ms. Marshall is Association. admitted to the New York State bar. Mr. Polaszek is admitted to practice in the courts of KRISTI STAHNKE MCGREGOR received her the State of Florida, as well as the United States District B.A. degree in political science, Phi Beta Kappa, from Courts for the Northern and Middle Districts of Florida. the University of Florida in 1995. She spent two years, 1993-94 and 1995-96, studying political science and ALBERT G. POWELL graduated from Columbia economics at the Rheinische Friedrich-Wilhelms- University in 1987 with a B.A. degree in economics. In Universitaet Bonn in Bonn, Germany. In 1999 Ms. 1989, Mr. Powell received his J.D. degree from The Stahnke received her J.D. degree from Emory University University of Texas School of Law. Mr. Powell’s School of Law, where she was the Research Editor of the practice includes antitrust class actions and securities Emory International Law Review and student law clerk fraud litigation. Among the notable cases he has helped to Justice Norman Fletcher of the Georgia Supreme prosecute are In re VisaCheck/MasterMoney Antitrust Court. Litigation (E.D.N.Y.), In re Raytheon Company Securities Litigation (D. Mass.), and Duhaime v. John After graduating law school, Ms. Stahnke was a Hancock Mutual Life Insurance Company (D. Mass.). recipient of the German Chancellor Fellowship through Mr. Powell is a member of the New York State Bar the Alexander Von Humboldt Foundation, which Association. He is admitted to the Bars of the States of allowed her to attend the Westfaelische Wilhelms- Connecticut and New York. Universitaet Muenster in Muenster, Germany and receive her LL.M. degree magna cum laude in German JOHN RADICE graduated magna cum laude from civil law in 2001. Princeton University in 1997 with a Bachelor of Arts degree in Politics and a Certificate in Political Theory. Prior to joining Milberg Weiss in 2002, Ms. Stahnke After working in finance for several years, Mr. Radice practiced in the international section of a large Atlanta graduated from the NYU School of Law where he was law firm. Ms. Stahnke focuses her practice primarily on an Arthur Garfield Hays Civil Rights & Civil Liberties class actions on behalf of defrauded investors, as well as Fellow and a member of the Journal of Legislation & complex commercial litigation. She has particular Public Policy. Through the Hays Fellowship, Mr.

Firm Résumé 38 Radice completed internships at the NAACP Legal CYDNEY RABOURN earned her B.A. degree from Defense & Education Fund and the ACLU Immigrants' the University of Missouri, Columbia, in 2000, Phi Beta Rights Project. Kappa with honors, and her J.D. degree from the University of Iowa in 2003, with distinction. During law Mr. Radice Prior to joining Milberg Weiss, he school Ms. Rabourn worked as a research assistant for clerked for Judge Edith Brown Clement of the United antitrust scholar Herbert Hovenkamp where she assisted States Court of Appeals for the Fifth Circuit in New in research and editing for the Antitrust Law treatise Orleans. Mr. Radice focuses his practice on False series. Ms. Rabourn focuses her practice exclusively on Claims Act litigation, representing whistleblowers in complex antitrust class actions on behalf of injured numerous cases currently pending under seal, and consumers both in the United States and world wide. securities litigation. Mr. Radice is admitted to practice Before joining Milberg Weiss as an associate, she law in the state and federal courts of New Jersey. worked as an attorney for the Federal Trade ANDREI RADO, born in Bucharest, Romania, Commission, Bureau of Competition Anticompetitive earned his B.A. degree in psychology summa cum laude, Practices in Washington D.C. As an attorney at the FTC, at the State University of New York at Buffalo in 1996; her work centered on prosecution of complex and his J.D. degree at St. John’s University, cum laude in administrative antitrust cases involving violations of 1999, where he was a member of Phi Beta Kappa. Mr. both §§ 1 and 2 of the Sherman Act and § 5 of the Rado authored 12 New York International Law Review Federal Trade Commission Act. 97, 1999. Ms. Rabourn is a member of the American Bar Mr. Rado, who is fluent in Romanian, has worked at Association’s Antitrust section and also a member of the Milberg Weiss since 2000, where his practice focuses on American Antitrust Institute. She continues to serve as a securities and consumer class actions. Prior to joining co-chair for the Women’s Bar Association of the District Milberg Weiss, Mr. Rado worked as an attorney at Bear of Columbia and is a member of the University of Stearns & Co. Inc., focusing on rules and regulations Missouri-Columbia Alumni Board. She is also active in relating to resales of control and/or restricted securities. numerous political and philanthropic activities both While in law school, Mr. Rado was a senior staff locally and nationally. member of the New York International Law Review. Mr. Ms. Rabourn is admitted to practice in the courts of Rado is the author of a case commentary, Ministry of the State of Wisconsin, as well as the United States Defense of Iran v. Cubic Defense Systems Inc., 12 N.Y. District Court for the Central District of Wisconsin. Int’l. L. Rev. 97 (1999). JOHN REDIKER earned his B.A. degree from the Mr. Rado is admitted to practice in the courts of the University of North Carolina in 1994, and his J.D. State of New York, as well as the United States District degree from Washington and Lee University School of Court for the Southern District of New York. Law in 1999. Mr. Rediker’s practice involves class CARLOS F. RAMIREZ earned his B.S. degree in action securities and consumer fraud litigation. In legal studies cum laude from John Jay College of addition, Mr. Rediker also has experience in multi-party Criminal Justice in 1994. He earned his J.D. degree environmental litigation, complex commercial litigation, from Fordham University School of Law in 1997, where and he was associate in-house counsel for an he was an articles and notes editor of the Fordham international corporation. While in law school, he was Urban Law Journal and the recipient of the Department Articles Editor for the Environmental Law Digest and of Justice Civil Rights Fellowship. Mr. Ramirez is the was a third-year practice certified advocate for the Legal author of “Administrative License Suspensions, Criminal Aid Society of Rockbridge County. Prosecution and the Double Jeopardy Clause,” 23 Mr. Rediker is admitted to practice in the courts of FORDHAM URB. L.J. 923 (1996). Upon graduation the State of Colorado, as well as the United States from law school, he served as an assistant district District Court for the District of Colorado, and the attorney in the Trial Division of the Manhattan District United States Court of Appeals for the Tenth Circuit. Attorney’s Office for three years. Mr. Ramirez was admitted to the bar of the State of New York in 1998, KAREN ROGERS earned her B.A. degree from the and is admitted to practice before the United States University of California, Irvine, in 1983, her M.B.A. District Court for the Southern and Eastern Districts of degree from Pepperdine University in 1990, and her J.D. New York. He is a member of the Association of the degree from Southwestern University School of Law in Bar of the City of New York and the New York State 1996. Bar Association. Ms. Rogers specializes in representing investors, including individual and institutional investors, in

Firm Résumé 39 securities fraud class actions and shareholder derivative antitrust settlement and injunction on behalf of the class. litigation. Ms. Rogers has been with the Firm since Mr. Schwartz is a member of the New York State Bar March 1997. While at Milberg Weiss, Ms. Rogers has Association. Mr. Schwartz is admitted to practice in the successfully litigated numerous class action lawsuits States of New York and New Jersey and before the which have resulted in multi-million dollar recoveries for United States District Court for the District of New defrauded investors, including, among others, cases such Jersey. as Mattel Securities Litigation, Accelerated Securities JENNIFER SCLAR earned her B.A. degree from Litigation, and Hoeck v. CompUSA. Barnard College in 1991, and her J.D. degree from While at Southwestern, Ms. Rogers was on the Columbia University in 1995. Ms. Sclar is admitted to Dean’s List from 1994-1995 and a member of the Law practice in the courts of the State of New York, as well Review from 1995-1996. Ms. Rogers authored “Embryo as the United States District Courts for the Southern and Theft: The Misappropriation of Human Eggs at an Irvine Eastern Districts of New York. Fertility Clinic Has Raised a Host of New Legal PATRICK J. SHEEHAN graduated from the College Concerns for Infertile Couples Using Reproductive of the Holy Cross in 1993 with a B.A. degree in history. Technologies,” 26 Sw. U.L. Rev. 1133 (1997). In 1996, In 1997, he received a J.D. degree from Northeastern Ms. Rogers served as judicial extern for The Honorable University School of Law, where he was an editor of the Ronald S.W. Lew, U.S. District Court of California. NU Forum, the school’s law journal. Prior to law school, Ms. Rogers earned an NASD Mr. Sheehan was admitted to the bar of the Supreme Series 7 securities license and worked in the securities Judicial Court of Massachusetts in 1998 and the bar of industry for five years at Drexel Burnham Lambert’s the State of New York in 2000. He is also admitted to Beverly Hills office. practice in the United States District Courts for the Ms. Rogers is a member of the Association of Southern and Eastern Districts of New York. He is also Business Trial Lawyers, as well as the Los Angeles a member of the American Bar Association and the Bar County, San Fernando Valley, and American Bar of the City of New York. Mr. Sheehan’s practice Associations. Ms. Rogers is admitted to practice in the focuses on the representation of health care providers courts of the State of California, as well as the United and consumers in complex health care litigation. States District Court for the Central District of Mr. Sheehan is the co-author of “Class Actions In California. The Healthcare Context” which was published for the ELIZABETH ROSENBERG graduated from the following healthcare conferences: “Class Action Health University of Michigan in 1998 with a B.A. degree in Care Litigation,” Ali-ABA Health Care Law and psychology. In 2001, she earned her J.D. degree from Litigation Conferences, 1999; “Class Actions: HMOs Brooklyn Law School. Ms. Rosenberg is admitted to and Health Care Providers Under Attack,” ALI-ABA practice in the State of New York and is a member of the Life and Health Insurance Litigation Conference, 2002; New York State Bar Association. Providers (Suits by Doctors and Hospital Class Actions),” ALI - ABA Heath Care Law and Litigation LILI R. SABO graduated from the State University conference, 2000; “The Application of ERISA and RICO of New York at Albany in 1997 with a B.A. degree in Theories in the Age of Managed Care,” The Judges and political science. She earned her J.D. degree from Lawyers Brest Cancer Alert, 2000 and “Health Care Brooklyn Law School in 2002. Ms. Sabo was admitted Litigation: What You Need to Know After Pegram,” to the bar of the State of New York in 2003, and is Practising Law Institute, 2000. Mr. Sheehan is also co- admitted to practice before the United States District author of “An Overview Of Class Action Litigation In Court for the Southern and Eastern Districts of New the Managed Care Context” which was published for the York. following healthcare conference: “Provider Suits by ALAN H. SCHWARTZ graduated from Rutgers Doctors and Hospitals v. HMOs” ALI-ABA Health Care University in 1990 with a B.A. degree in psychology. In Law and Litigation Conference, 2001. 1994, Mr. Schwartz received his J.D. degree from Mr. Sheehan is a member of the American Bar Brooklyn Law School. Mr. Schwartz’s practice Association’s Health Law Section and the Bar of the concentrates on securities and antitrust class actions. He City of New York. Mr. Sheehan is admitted to practice is currently representing a class of defrauded investors in in the courts of the States of New York and In re Initial Public Offering Securities Litigation Massachusetts, as well as the United States District (S.D.N.Y.). Mr. Schwartz also represented merchants in Courts for the Southern and Eastern Districts of New In re Visa Check/MasterMoney Antitrust Litigation York. (E.D.N.Y.) which resulted in an historic $3.05 billion

Firm Résumé 40 LEIGH SMITH earned her B.A. degree from Mr. Sianni focuses his practice primarily on Rutgers University, New Brunswick, in 1990, with high shareholder class actions involving mergers and honors, her M.A. degree from Rutgers University, New acquisitions, as well as securities class actions. Brunswick, in 1994, and her J.D. degree from Cornell Mr. Sianni is a member of the bars of the state of Law School in 1999. Ms. Smith focuses her practice on Delaware, the commonwealth of Pennsylvania and the class actions on behalf of defrauded investors. She also District of Columbia. Mr. Sianni is also admitted to has significant experience with complex commercial practice and before the United States District Courts for litigation. At Rutgers, Ms. Smith majored in French and the District of Delaware and the Eastern District of was elected to Phi Beta Kappa and Phi Sigma Iota. As a Pennsylvania, the United States Court of Appeals for the graduate student, she studied French literature and film Third Circuit, and the United States Supreme Court. and spent a year in France working as an assistant English teacher. In law school, Ms. Smith served as the CHRISTIAN SIEBOTT graduated in 1998 from the Acquisitions Editor for the Cornell Journal of Law and City University of New York School of Law where he Public Policy and was a member of the Cornell Moot was a Belle Zeller Scholar. Prior to joining Milberg Court Board. She was a finalist in the Cuccia Cup Moot Weiss, Christian clerked in the United States Court of Court Competition and received a CALI Award for Appeals for the Second Circuit and the United States Outstanding Achievement for her work in Cornell’s District Court for the Southern District of New York. He Legal Aid Clinic. She also was active in a number of currently serves as an adjunct professor of Law at student organizations, including the Public Interest Law Cardozo Law School, and is a member of the Union and the Women’s Law Coalition, and was co- Association of the Bar of the City of New York, the New chair of Lambda Law Students. Since graduating, Ms. York State Bar Association, the American Bar Smith has been associated with law firms in New York Association, and the Federal Bar Council Inn of Court. and New Jersey. Christian is admitted to practice in New York State, Ms. Smith is admitted to practice in the courts of the the United States District Courts for the Southern and States of New York, New Jersey and Massachusetts, as Eastern Districts of New York, and the United States well as the United States District Courts for the District Courts of Appeals for the Second and Federal Circuits. of New Jersey, the District of Massachusetts, and the PETER SLOANE graduated with honors from Johns Southern and Eastern Districts of New York. Hopkins University in 1994 with a B.A. degree in RALPH SIANNI graduated cum laude with international relations and received his J.D. degree from distinction from the University of Pennsylvania in 1990 Georgetown University Law Center in 1997. Upon with a B.A. degree in history (American legal and graduation from law school, Mr. Sloane clerked for the constitutional) and was named to the Dean’s List and to Honorable Anthony W. Ishii of the United States District Outstanding College Students of America. He earned an Court for the Eastern District of California. While an M.A. degree from Yale University in history (American undergraduate at Johns Hopkins, Mr. Sloane was legal and constitutional) in 1991 and a J.D. degree from selected to participate in the Paul H. Nitze School of the Boston University School of Law in 1995, where he Advanced International Studies graduate program in served as an editor of the Boston University Public Bologna, Italy, where he earned a graduate diploma in Interest Law Journal. While in law school, Mr. Sianni international relations. Prior to joining Milberg Weiss, served as a teaching assistant for a course in the Boston Mr. Sloane was associated with Milbank, Tweed, Hadley University College of Communications, in both the & McCloy LLP, where he specialized in complex graduate and undergraduate divisions, Mass Media and commercial litigation and consumer mass actions. He is the First Amendment, where he lectured on issues of fluent in Italian and conversant in French and Hebrew. defamation, advertising law, and basic trademark and Mr. Sloane currently represents purchasers of copyright. securities in several securities fraud class actions, After law school, Mr. Sianni served as law clerk to including Irvine v. ImClone Systems, Inc., et al. the Hon. Stephen J. McEwen, Jr., President Judge of the (S.D.N.Y.) and In re Sears, Roebuck & Co. Securities Pennsylvania Superior Court. Prior to joining Milberg Litigation (N. D. Ill.). Weiss, Mr. Sianni practiced in the areas of appellate Mr. Sloane is admitted to practice before the United litigation, bankruptcy and trademark prosecution. Mr. States District Courts for the Southern and Eastern Sianni was also part of a pro bono team for a prisoner Districts of New York. civil rights case that was heard by the United States Supreme Court. ALISHA C. SMITH graduated from the University of Maryland in 1997 with a B.A. degree in government and politics. In 2000, she earned her J.D. degree from

Firm Résumé 41 Washington University School of Law in St. Louis. Columbia Law School in 1994. Ms. Thielmann is a While a law student, Ms. Smith clerked for Judge member of Milberg Weiss’ healthcare litigation practice, Theodore McMillian on the United States Court of and represents physicians, medical associations and Appeals for the Eighth Circuit. Prior to graduation, she consumers in complex litigations combating the worked as a full-time intern at the Securities and wrongful practices of health insurers in state and federal Exchange Commission in the Division of Market courts throughout the United States. Regulation Office of Chief Counsel. Upon graduating from Columbia Law School in After graduation, Ms. Smith remained in the 1994, Ms. Thielmann began her career in complex Washington, D.C. area and in 2002 she received her commercial litigation at Simpson Thacher & Bartlett in LL.M. in securities regulation from the Georgetown New York. She moved on to Kirkland & Ellis in 1996, University Law Center. where she did both defense and plaintiff work in complex commercial litigation until she departed after Ms. Smith focuses her practice in the area of becoming a mother in 1999. Ms. Thielmann joined the securities fraud class action litigation. Milberg Weiss healthcare litigation team on a part-time Ms. Smith is a member of the Maryland State Bar basis in 2001 and has since become an associate of the Association, the American Bar Association, and the Firm. Securities and Exchange Commission Historical Society. Ms. Thielmann’s work with the healthcare team has Ms. Smith was admitted to practice in the State of included participation in numerous federal and state Maryland in 2001 and admitted to practice in the State of litigations, including two large multi-district litigations New York in 2003. in federal courts, work on several groundbreaking JEFFREY T. SPINAZZOLA earned his B.A. degree settlements with major health insurers, and extensive from Brown University in 1998, and his J.D. degree appellate work on behalf of appellant medical from New York University School of Law in 2001. Mr. associations and class action representatives in various Spinazzola is admitted to practice in the courts of the parts of the country. State of New York, as well as the United States District Ms. Thielmann is admitted to practice in the courts of Court for the Southern District of New York. the State of New York, as well as the United States MELISSA STEWART received her B.A. degree in District Courts for the Southern and Eastern Districts of Spanish in 1991 from the University of Texas at Austin New York. and her M.S. degree in community and regional planning ADAM WEISS graduated with Distinction from in 1998 from the University of Texas at Austin. In 2002, Cornell University in 1998, Phi Beta Kappa. In 2004, she received her J.D. degree from the Benjamin N. Mr. Weiss graduated from the University of Cardozo School of Law where she was named the Pennsylvania School of Law. Prior to entering law Outstanding Law Graduate by the National Association school, Mr. Weiss was an Investigator at the New York of Women Lawyers. While at Cardozo, Ms. Stewart was City Civilian Complaint Review Board. While a law executive editor of the Journal of International and student, he was a Senior Editor of the Journal of Comparative Law and a member of Cardozo’s Trial Constitutional Law. He was also the recipient of the Team. Prior to joining Milberg Weiss, Ms. Stewart James Wilson Scholarship. Mr. Weiss was a summer clerked in the United States Court of Appeals for the associate at Milberg Weiss during the summers of 2002 Fifth Circuit and the United States District Court for the and 2003. Western District of Texas. She is fluent in Spanish. Ms. Stewart is a member of the New York Bar. Mr. Weiss’s practice areas include securities class action litigation and consumer fraud litigation on behalf CARY L. TALBOT graduated from the University of defrauded individual and institutional investors. In his of Michigan in 1991 with a B.A. degree. In 1997, he largest case, he represents mutual fund investors in earned his J.D. degree from Washington University in St. actions alleging that mutual fund companies and Louis, where he was an associate editor of the brokerage houses are charging their clients excessive Washington University Law Quarterly. Mr. Talbot is a fees and commissions. Mr. Weiss was admitted to the member of the New York State Bar Association and the New Jersey State Bar in 2004. American Bar Association. He is admitted to the New York State Bar and is admitted to practice before the JOSEPH E. WHITE III graduated from Tufts United States District Court for the Southern District of University in 1996 with a B.A. degree in political New York. science. In 2000, he earned a J.D. degree from Suffolk University Law School where he was also awarded ILZE C. THIELMANN earned her A.B. degree from Honorable Mention for Distinguished Oral Advocacy. Princeton University in 1988, and her J.D. degree from

Firm Résumé 42 Prior to joining Milberg Weiss, Mr. White gained Honorable Robert L. Carter of the United States District experience in all facets of civil litigation as an associate Court for the Southern District of New York. with an insurance defense firm concentrating in fraud Mr. Wilmar’s practice is focused primarily on class cases. actions on behalf of defrauded investors and consumers, Mr. White focuses his practice on investigating fraud as well as complex mass torts. Mr. Wilmar is a member and initiating class actions on behalf of defrauded of the New York Bar. individual and institutional investors. He has aided in RACHEL WINTTERLE earned her B.A. degree successful recovery of investor losses in In re Hamilton from the University of Wisconsin in 1991, her M.A. Bancorp Securities Litigation (S.D. Fla.), In re Intercept degree from American University in 1994, and her J.D. Inc. Securities Litigation (N.D. Ga.), In re Clarus degree from Tulane University School of Law in 2002. Securities Litigation, (N.D. Ga.) and In re Unicapital Ms. Wintterle concentrates her practice primarily in the Securities Litigation (S.D. Fla). area of healthcare litigation. Ms. Wintterle is also active When not litigating on behalf of defrauded investors, in pro bono work and teaches a weekly Street Law Mr. White provides free educational presentations to program in the New York City public school system. institutional investors on topics ranging from securities Ms. Wintterle is a member of the American Bar litigation in general, to the beneficial role securities Association, New York State Bar Association and the monitoring has in assisting pension trustees in meeting Louisiana State Bar Association. Ms. Wintterle is their fiduciary duty. admitted to practice in the courts of the States of Mr. White is a member of the state of Massachusetts Louisiana and New York. Bar (2001), the U.S. District Court of Massachusetts Bar

(2002), and the state of Florida Bar (2003). ADAM H. WIERZBOWSKI graduated magna cum laude with high honors in English from Dartmouth College in 2000 and earned his J.D. degree with honors from The George Washington University Law School in 2003. While at George Washington, Mr. Wierzbowski was notes editor of The George Washington International Law Review and a member of the Moot Court Board. Mr. Wierzbowski also won Best Brief and was the Best Overall Competitor in the 2001-2002 Giles S. Rich Intellectual Property Law Moot Court Competition. Mr. Wierzbowski is admitted to the New York State Bar. Mr. Wierzbowski focuses his practice on class actions on behalf of defrauded investors and consumers. He primarily represents mutual fund investors in actions involving the improper market timing and late trading of mutual fund shares in In re Mutual Funds Investment Litigation, MDL No. 1586 (D. Md.), and in actions alleging that mutual fund companies and brokerage houses are charging their clients excessive fees and commissions. ANDREW WILMAR graduated magna cum laude and with distinction from Yale University in 1996, where he majored in political science and philosophy. In 2001, Mr. Wilmar graduated from Harvard Law School, where he was an executive editor for the Harvard Civil Rights- Civil Liberties Law Review, and a finalist in the Ames Moot Court Competition. He was also named Best Oralist by a panel of state and federal judges during the semi-final round of the Ames Competition. Prior to joining Milberg Weiss, he was a law clerk to the

Firm Résumé 43 EXHIBIT E

BIOGRAPHICAL SKETCH OF WOLF POPPER LLP

Wolf Popper LLP ("Wolf Popper" or "the Firm") is a nationally recognized firm of twenty attorneys with expertise in the field of securities and consumer class actions and securities derivative actions. Since the Firm was founded in 1945, Wolf Popper has been a leader in efforts to protect the interests of defrauded investors and consumers, prosecuting hundreds of actions under federal and state laws throughout the United States. The Firm’s efforts have resulted in the recovery of billions for aggrieved parties.

The Firm also has a substantial practice in -antitrust and corporate and commercial law. Wolf Popper’s commercial litigation practice encompasses the repre-sentation of defendants as well as plaintiffs. The Firm’s corporate practice includes business transactions, intellectual property, and the law of foreign missions. Among the Firm’s clients are domestic and international individuals and businesses, and foreign missions to the United Nations.

The Firm’s members have been on the faculty of the Practicing Law Institute and are active members in a variety of professional legal associations, including serving on or chairing a number of committees of such associations. The Firm’s members include graduates from the law schools of Harvard, Columbia, and New York University, and many of the Firm’s members have written extensively on a variety of subjects for numerous professional associations and legal periodicals. Many of the Firm’s current and former members have held responsible positions in government both at the federal and the state level. For example, Benedict Wolf (now deceased) was the First Secretary and Chief Trial Examiner of the National Labor Relations Board, and Martin Popper (now deceased) was a consultant to the U.S. Delegation to the Founding Conference of the United Nations and was vice-president of the Consular Law Society.

Wolf Popper has an exemplary record in its representation of plaintiffs, and the skill and experience of the attorneys at the Firm have been repeatedly recognized by Courts throughout the country. In recognition of its high standing at the bar, Courts have frequently appointed Wolf Popper to serve as lead or co-lead counsel in complex, multi-party actions, including securities and antitrust actions.

Cornerstone Research has rated Wolf Popper LLP number one among the ten "most dominant" plaintiffs’ securities firms in median recoveries as a percentage of estimated damages since passage of the Private Securities Litigation Reform Act in 1995 and was ranked by Institutional Shareholder Services the third most successful plaintiffs’ securities firm in 2003 based on total average recoveries per settlement ($34,883,333).

- A sample of some of the outstanding recoveries achieved by the Firm is described below.

Securities Actions:

• In Thurber v. Mattel, Master File No. CV-99-10368-MRP(CWx) (C.D. Cal.) (§10(b) claims) and Dusek v. Mattel, Master File No. CV-99-10864-MRP(CWx) (C.D. Cal.) (§14(a) claims), Wolf Popper was a member of the Executive Committee of Plaintiffs’ counsel, but was also specifically appointed by the Federal Court to have primary responsibility for the

prosecution of the Dusek v. Mattel §14(a) claims. After more than three years of extremely hard-fought litigation, including two rounds of motions to dismiss, the production of millions of documents, and the taking or defending of more than 40 depositions, both cases settled for the aggregate sum of $122 million, with $61 million allocated for the Dusek v. Mattel §14(a) claims, believed to be the largest settlement of a § 14(a) case. Upon approving the settlement, the Judge complimented counsel saying that the settlement was an "awfully good result." The Judge also specifically found that "Wolf Popper LLP vigorously prosecuted the Dusek action and zealously represented the interests of the Dusek class members" and that Wolf Popper zealously performed in a "very capable and professional manner."

• Wolf Popper LLP was a co-lead settlement counsel for the plaintiff class in In re Service Corporation International, Civil Action No. H-99-280 (S.D. Tex.). The action alleged that defendants made material misrepresentations in connection with Service Corp.'s January 1999 stock-for-stock acquisition of Equity Corp. International. Based on the strength of the amended complaint, and presentation at mediation sessions, Wolf Popper recovered $63 million for the plaintiff class. The settlement, approved in 2004, was an extraordinary recovery inasmuch as there were no allegations of insider trading, an SEC investigation, or an accounting restatement, and the District Court had spent over four years deliberating over defendants' motion to dismiss the complaint, lessening plaintiffs' leverage in settlement negotiations.

• In Stanley v. Safeskin, Lead Case No. 99cv454-BTM(LSP) (S.D. Cal.), Wolf Popper served as Court-appointed Co-lead Counsel for Plaintiffs, in which the Court approved a $55 million settlement in favor of plaintiffs on March 20, 2003. The Honorable Barry T. Moskowitz thereafter complimented Plaintiffs’ Co-Lead Counsel, noting his "incredible respect for the work that the lawyers did." Describing Plaintiffs’ counsel as "highly skilled in these cases," Judge Moskowitz commented that he was "kind of looking forward to trying this case, because it would have the best lawyers in the country trying this case. . . ." The Court subsequently further complimented Co-Lead Counsel, stating that "competency is too weak of a word -- the extraordinary ability of these firms * * * I really thought that the Plaintiffs’ law firms in this case not only had extraordinary ability to deal with the complicated factual issues -- and it certainly was a difficult case, and you should be applauded in that regard." Paying Plaintiffs’ Co-Lead Counsel perhaps an ultimate compliment, the Court further said, "From the plaintiffs’ perspective -- and I say this for all the firms -- you handled it on a much higher plane, probably on a textbook or ideal plane. If they would teach people how it should be done in law school, this would be the example of, how the lawyers handle this case."

• In Buxbaum v. Deutsche Bank, A.G., 98 Civ. 8460 (JGK) (S.D.N.Y.), Wolf Popper recovered $58 million as co-lead counsel in a major securities fraud action against Deutsche Bank, A.G. and its senior officer. The action alleged that Deutsche Bank defrauded Bankers Trust shareholders by misrepresenting the status of takeover negotiations for Deutsche Bank to acquire Bankers Trust. The District Court’s opinion denying defendants’ motion to dismiss is reported at Fed. Sec. L. Rep. (CCH) ¶90,969 (S.D.N.Y. 2000). The decision denying defendants’ motion for summary judgment is reported at 2002 U.S. Dist. LEXIS 1893 (S.D.N.Y., Jan. 30, 2002). The $58 million recovery, obtained on the eve of trial, was equivalent to approximately 48% of the class’ maximum possible recovery, and approximately 96% of the class ’ most likely recovery.

• In In re Sunbeam Sec. Litig., 98-8258-Civ.-Middlebrooks (S.D. Fl.), Wolf Popper was appointed co-lead counsel. The case was brought against Sunbeam, its auditors, and former officers and directors of the company, including "Chainsaw" Al Dunlap. Plaintiffs reached a partial settlement with Sunbeam’s auditors, Arthur Andersen, for $110 million - one of the largest settlements ever with an accounting firm in a securities class action - and reached a separate settlement with the individual defendants that included more than $18 million in cash plus a separate $13 million recovery from the company’s excess insurance policies.

• In In re Providian Financial Sec. Litig., MDL No. 1301 (E.D. Pa.), Wolf Popper was co-lead counsel for the plaintiff class and obtained a $38 million recovery from the defendants. The Court, in approving the settlement in June 2002, remarked on the "extremely high quality" and "skill and efficiency" of plaintiffs’ counsel’s work, which the Court stated it had seen throughout the litigation. The Court also noted the "extremely high quality" of Wolf Popper’s work is reflected in the result which it obtained and in the fact that it is a nationally prominent firm with extensive experience in the field.

• Wolf Popper was co-lead counsel in In re FTD.com, Inc. Shareholder Litigation, C.A. No. 19458-NC (Del. Ch.), an action in Delaware Chancery Court that alleged that members of the board of directors of FTD.com abused their control of the company by taking FTD.com private under terms advantageous to them but not to FTD.com's public shareholders. After mediation, co-lead counsel obtained a $10.7 million recovery, which came to more than 99% of the damages claimed by members of the class.

• In Danis v. USN Communications, Inc., No. 98 C 7482 (N.D. Ill., May 30, 2001), the Court recently approved a settlement Wolf Popper obtained of approximately $45 million for investors, expressly thanking Plaintiffs’ co-lead counsel "for all the work you have done and constructive results."

• In an arbitration before a court appointed arbitrator in Retsky Family Limited Partnership v. Price Waterhouse LLP, No. 97 C 7694 (N.D. Ill., June 18, 2001), after a full hearing and several days of testimony, the arbitrator awarded plaintiffs the total damages claimed, $14 million.

• Wolf Popper achieved a benefit of over $50 million in the settlement of the litigation over the merger of the American Stock Exchange and the NASD in Philipson v. American Stock Exchange, 98 Civ. 4219 (DC) (S.D.N.Y., Transcript of Proceedings, February 18, 1999, at 8-11), in which the the Court complimented the Firm for its "terrific job" in negotiating a "substantial [recovery]."

• Wolf Popper was co-lead counsel in In re Chambers Development Co. Sec. Litig., C.A. No. 92-0679 (W.D. Pa.) that resulted in a $95 million cash settlement for the class in 1996.

• Wolf Popper was the Chair of Plaintiffs’ Executive and Scheduling Committees in the con-solidated litigation arising out of the national scandal at Wedtech Corporation. In re Wedtech Sec. Litig., M 21-36 (LBS) MDL 735 (S.D.N.Y.). The action was settled in 1992 for $77.5 million, one of the then largest settlements in a securities fraud action.

• Wolf Popper served as co-lead counsel in In re Prime Motor Inns Shareholder Litig., Master File No. 90-87 (DRD) (D.N.J.) which resulted in a settlement of $21.6 million for the class. At the conclusion of the case in 1993, Judge Debevoise complimented plaintiffs’ counsel, stating, "The plaintiffs’ attorneys have performed their work aggressively, skillfully and with good effect."

• Wolf Popper served as a member of Plaintiffs’ Executive Committee and as Plaintiffs’ Lead Settlement Counsel in In re Gulf Oil/Cities Service Tender Offer Litig., 82 Civ. 5253 (MBM) (S.D.N.Y.), where a settlement of $34 million, achieved only after the case was fully prepared for trial, was approved by the Court in May 1992.

• Wolf Popper was the plaintiffs’ co-trial counsel in Bella Abzug, et ano. v. Kerkorian, et al., CA 000981, Superior Court, Los Angeles, California, which was settled during trial in October 1990 for $35 million.

• Wolf Popper was the plaintiffs’ co-lead counsel in a litigation that resulted in the then largest recovery in the history of securities class actions. In In re The Standard Oil Company/British Petroleum Litig., Consolidated Case No. 12676, Court of Common Pleas, Cuyahoga County, Ohio, plaintiffs’ counsel negotiated and obtained a benefit for the class in excess of $600 million. In its ruling which approved in full counsels’ application for attorneys’ fees, the Court commented favorably on the quality of co-lead counsel:

The professional skill required to achieve the resultant benefits to this Class has been evidenced on nearly a daily basis by this Court.

As a result of this professional skill and excellent representation, these benefits to the Class would not have otherwise been achieved.

The Court has fully weighed in its decision the benefits bestowed on the Class. At this juncture the Court finds that the benefit is unprecedented.

• Wolf Popper was co-lead counsel in the case producing the largest recovery in a securities class action prior to the Standard Oil litigation. In Joseph, et al v. Shell Oil Company, et al., Consolidated Civil Action No. 7450 (Del. Ch., April 19, 1985), the plaintiff stockholders successfully petitioned the Delaware Chancery Court to enjoin the proposed merger of Shell Oil Company and Royal Dutch Petroleum Company, 482 A.2d 335, Del. Ch. 1984). In approving the $205 million recovery in the Shell Oil Litigation, Vice Chancellor Maurice Hartnett stated: "The results achieved in this case for the class are outstanding."

• Wolf Popper played a major role in representing the rights of shareholders in the notorious Boesky/Drexel/Milken trading scandal involving Ivan F. Boesky, Dennis B. Levine, Kidder Peabody & Co. Incorporated, Goldman, Sachs & Co., Drexel, Michael R. Milken, and others. These actions arose from the illegal use by various individuals of non-public information about publicly traded corporations, conveyed to them from high level executives at these large investment firms, to reap illicit profits for personal gain. Wolf Popper was appointed co-lead counsel in several of these actions, including the Boesky insider trading class litigation pending in the Southern District of New York, to represent classes of shareholders who suffered losses as a result of these illicit activities. In re Ivan F. Boesky Sec. Litig., MDL 732, MDL-21-45-MP

(S.D.N.Y.). The Firm is also one of the lead counsel in the Drexel/Milken litigation also pending in the Southern District of New York. In re Drexel Burnham Lambert Group Inc., et al., Debtors, 90 Civ. 6954 (MP), 90-B-10421 (FGC) (S.D.N.Y.). After intensive litigation, the Firm helped recover in excess of $800 million for investors. In the global settlement of these Milken related litigations, the Court specifically certified a worldwide class of investors after notice was given throughout the world, in addition to publications in newspapers worldwide.

• Wolf Popper was a court-appointed co-lead counsel representing a class of Salomon Brothers securities purchasers who brought an action under the federal securities laws arising out of violations of rules of the United States Department of the Treasury in connection with certain auctions of government securities, In re Salomon Brothers Inc. Sec. Litig., 91 Civ. 5442 (RPP) (S.D.N.Y.). The litigation ultimately settled for over $54 million.

• The Firm was co-lead counsel for plaintiffs in litigation involving the alleged "greenmail" of Walt Disney Company by Saul Steinberg and his Reliance Group, Heckmann v. Ahmanson, C.A. 000851 (Superior Court, Cal.) (co-lead counsel for derivative actions). There the Los Angeles Superior Court in September 1989 approved a settlement providing for a cash payment of $45 million plus the therapeutic benefit of the termination of certain defendants’ claim for rescission which potentially would have cost the company in excess of a billion dollars.

Numerous other cases in which the Firm acted as sole lead or co-lead counsel for plaintiffs resulted in multi-million dollar settlements in favor of plaintiffs, including, for example: In re Grand Casinos, Inc. Sec. Litig., Master File No. 4-96-890 (JRT/RLE) (recovery of $9 million approved in August 2001, in one of the very early decisions under the Private Securities Litigation Reform Act of 1995, the court sustained various claims finding that plaintiffs met rigorous pleading standards of the then new Act, 988 F. Supp. 1270 (D. Minn. 1997)); Jonas v. Aspec Technology, Inc., Lead Case No. CV775037 (Superior Court of the State of California, County of Santa Clara (recovery of $13 million, plus 1.75 million shares of stock approved in 2001); In re Adac Laboratories Sec. Litig., Master File No. C-98-4934-MHP (settlement of $20 million approved in 2000); In re Exide Corp. Sec. Litig., 98-CV-60061-AA (E.D. Mich., September 2, 1999) (recovery of $10.25 million); In re Archer Daniels Midland Co. Securities Litigation, (C.D. Ill.) ($30 million recovery for the class approved in 1997); In re JWP, Inc. Sec. Litig.,Master File No. 92 Civ. 5815 (S.D.N.Y.) (recovery of $36.2 million from officers, directors, and outside auditors, approved in 1996); Polikoff v. Eamer, Case No. BC039354 (Superior Court, Los Angeles, Cal.) (recovery of $11 million, plus equitable and therapeutic relief in 1996); PS Group Inc. Sec. Litig., Master File No. 93-2046 (C.D. Ill., October 1995) (settlement of $5 million in 1995); In re Pacific Enterprises Sec. Litig., CV920841 JSL (EEx) (C.D. Ca., March 28, 1994) (recovery of $35 million approved in 1994)(where the Judge complimented plaintiffs’ co-lead counsel as being "outstanding lawyers" who "could not be improved on for this kind of litigation," and "this group of lawyers merits [respect]."); In re American Business Computers Corporation Securities Litigation, Docket No. MDL 913 (CLB) (S.D.N.Y.) (settlement for cash and stock valued at $6.5 million); In re McDonnell Douglas Equipment Leasing Securities Litigation, MDL No. 873 (S.D.N.Y.)($16 million recovery approved in October 1993, in which Court described the Firm as "experienced and competent counsel"); In re: Fleet/Norstar Securities Litigation, C.A. No. 90-0173-B (FJB)(D.R.I.) ($6 million recovery); In re Marion Merrell Dow Inc. Securities Litigation, Master File No. 92-0609-CV-W-6 (W.D. Mo.) ($13.85 million recovery); Hwang v. Smith Corona Corp., CA B 89-450 (TFGD) (D. Conn.) ($24.5 million recovery); Pill v. Metromedia, (Del. Ch. Court)

($16.5 million settlement ); Watkins v. Beatrice, (Del. Ch. Court) ($190 million recovery); In re International Systems & Controls Sec. Litig., MDL 440 (S.D. Tex.) (recovery for the class members of 100% of their damages); American Southwest Mortgage Sec. Litig., Civ. 89-462 TUC RMB (D. Az. 1992) (recovery of $5.2 million in 1992); Seidman v. Stauffer Chemical Co., (D.Conn.) ($11.6 million settlement); Flohr v. Borman’s, (S.D.N.Y.) (recovery for the class members of over 90% of their damages); In re Elscint, Ltd. Sec. Litig., MDL 675 (D. Mass.) (recovery of approximately $12 million); and Zinberg v. Washington Bancorp, Inc., (D.N.J.) (recovery for the class members of 200% of their damages); In re Philips N.V. Sec. Litig., Master File 90 Civ. 3044 (RPP) (S.D.N.Y.) (recovery of $9.25 million); Rand v. Lorimar, 88 Civ. 3179 (LLS) (S.D.N.Y.) (recovery of $6 million approved in 1990); In re Jefferson Smurfit Corporation Shareholders’ Litig., consolidated C.A. No. 11006 (Del. Ch.) (recovery in 1990 of $10.7 million plus additional equitable relief); In re National Education Corp. Sec. Litig., Master File No. SACV-89-405-AHS (RWRX) (C.D. Cal.) (settlement of $11.5 million approved in August 1990); In re Phillips Petroleum Sec. Litig., Master File No. Misc. 85-75-MMS (D. Del.) (settlement of $6.7 million in 1990); Fine, et al. v. Houston Oil Trust, et al., C.A. No. H-82-551 (S.D. Tex.) (a securities class action settled for approximately $45 million); In re Beverly Enterprises Sec. Litigation, Master File No. CV-88-01189 (RSWL) (Tx) (C.D. Cal.) (securities fraud action settling for $9.9 million); In re Tenneco Inc. Sec. Litigation, Master File No. H-912010 (S.D. Tex.) (securities fraud action settling for $50 million); In re Telerate, Inc. Shareholders Litigation, Civil Action No. 1115 (consolidated) (Del. Ch.) (action challenging corporate takeover, resulting in acquiror paying additional $3 per share); In re Henley Manufacturing Corporation Shareholders Litig., Consolidated Civil Action No. 10445 (Del. Ch.) (class recovery of $10 per share increase in tender offer price, a $26 million benefit, plus additional therapeutic benefits, approved February 13, 1989); In re Kaypro Corporation Shareholder Litig., Master File No. 84-2091 N(M) (S.D. Cal.) (partial settlement of $9.25 million approved in 1988); Rand v. Lorimar Telepictures Corp., 88 Civ. 3179 (LLS) (S.D.N.Y.) (an open market securities fraud action which settled for $6 million); Grobow v. Dingman, Civil No. 575076 (Superior Court, Cal.) and Civil No. 87-0889 JLI (IEG) (S.D. Cal.) (settlement, comprised of monetary and equitable relief, valued by experts at in excess of $52 million, of federal and state class and derivative actions approved in September 1987); In re E.F. Hutton Banking Practices Litig., MDL No. 649 (WK) (settlement of $8 million approved March 3, 1988); Weinberger v. Shumway, Civil No. 547586 (Superior Court., Cal.) (derivative settlement in 1986 comprised of damages and equitable relief valued at in excess of $20 million); In re Saxon Sec. Litig., 82 Civ. 3103 (S.D.N.Y.) (class recovery of $20 million); Rubenfeld and Polikoff v. Harte-Hanks Communications, Inc. Civil Action Nos. 7558, 7565 (Del. Ch.) (recovery of approxi-mately $9 million in 1984); Bacine v. Scharffenberger, C.A. 7862 (Del. Ch.) (settlement in 1985 resulted in a reduction of $10 million in "golden parachute" payments in connection with the liquidation of City Investing Co.); In re Itel Sec. Litig., C-79-2168A (N.D. Cal.) (class recovery of $40 million); In re United States Surgical Corporation, (D. Conn. No. B-83-775) (recovery of $6.1 million); and In re Digital Equipment Corporation Sec. Litig., Master File No. CA 83-3255 Y (D. Mass.) (class recovery of $9 million).

Consumer Class Actions:

Wolf Popper’s strong presence in prosecuting class actions on behalf of defrauded consumers has similarly resulted in the return of millions of dollars to thousands of victims of unfair business practices. These litigations in which the Firm served as sole lead or co-lead counsel include, among others:

• Taylor v. American Bankers Insurance Group, Inc., 700 N.Y.S.2d 458 (App. Div., 1st Dept.1999), in which the Firm successfully defended against an appeal by defendants of the certification of a nationwide class on behalf of consumers who alleged that defendants had violated §§349 and 350 of the General Business Law by misleading consumers about the purchase of insurance and improperly denying insurance claims. The Firm achieved a complete recovery for class members as defendants agreed to pay class members’ disputed coverage claims in full, as well as revise their solicitations to prevent a recurrence.

• Champod v. Iomega Corp., No. 98/600887 (Sup. Ct, N.Y. Cty. 1999), in which purchasers of computer storage devices alleged that the product could not read certain tapes that it was advertised as being capable of reading, and that they were improperly charged for customer assistance calls. The Firm achieved a settlement that provided a software fix to correct the problem with reading the tapes or, if not corrected, ultimately provided for a return of the product; the Firm also obtained a refund of 50% of the charges for the customer assistance calls.

• Princeton Economics Group, Inc. v. American Telephone & Telegraph Company, Civil Action No. L-91-3221 (N.J. Super. Ct. 1995), the largest class action ever brought in New Jersey State Court. The action, based upon AT&T’ s marketing and sales of a telephone system that it advertised as well suited to small businesses because of its "conference call" features, revealed that the phone system did not function as advertised. The participants to calls could not hear each other because the conference feature lacked amplification. This litigation resulted in a settlement valued by the Court at $85-90 million. At the conclusion of the case, the Court noted the complexity and difficulty of the issues involved and favorably commented that, "[i]f not for the skill and experience of class counsel, a settlement may not have been reached or, if it had been reached, may have resulted in a significantly diminished recovery for the class."

• Tanzer v. HIP, (1997 WL 773695), in a unanimous decision obtained by the Firm, the New York Court of Appeals, New York’s highest court, upheld a class action complaint on behalf of insureds who had been denied medical insurance coverage. The Firm subsequently obtained partial summary judgment against HIP for breach of HIP’s contract with its health insurance subscribers for failing to reimburse the subscribers for anesthesia-related expenses in conjunction with surgical procedures performed in New York State since June 7, 1993. Tanzer v. HIP, Index No. 114263-95, slip op., January 27, 1999. Ultimately, a settlement was reached which paid members of the class 100% of their damages.

• Feinberg v. Empire Blue Cross-Blue Shield Consumer Litigation, 88 Civ. 2532 (RO) (S.D.N.Y.), in which participants in a Blue Cross Blue Shield medical insurance program alleged that the program breached its contract with customers by paying subscribers amounts below the "usual and customary" rates that it represented it would pay in its contract of insurance. The action was ultimately settled with Empire agreeing to reimburse subscribers an additional $8 million.

Antitrust Actions:

Wolf Popper’s antitrust department has represented plaintiffs nationwide in price fixing cases and other violations of the federal antitrust laws. For example, in In the Matter of the

Ocean Shipping Antitrust Litigation, MDL 395 (S.D.N.Y.) Wolf Popper was co-lead counsel and recovered over $50 million on behalf of transatlantic shippers of goods who brought an action against the leading carriers of containerized shipping in the United States-Europe trade for conspiracy to fix the charges made for shipping services. The Firm served as lead or co-lead counsel in numerous other antitrust class actions, including: Wholesale Tobacco Distributors antitrust litigation and in In re Milk Antitrust Litigation, 8l Civ. l963 (RO), (S.D.N.Y. l98l); In re Bread Antitrust Litig., Master File No. CV-85-2013 (CPS) (E.D.N.Y.); In re Shopping Carts Antitrust Litig., M.D.L. No. 451 (S.D.N.Y.) (multi-million dollar settlements in 1983 and 1984); In re Wiring Device Antitrust Litig., MDL 33l (E.D.N.Y.) (where Chief Judge Weinstein described counsel for the plaintiffs as "outstanding and skillful").

Environmental Or Health Actions:

The Firm’s strong commitment to and experience in class actions concerning environmental or health matters is demonstrated by the Firm’s strong presence and important roles in several cases arising from environmental disaster and health hazards. These include, among other cases, In re Exxon Valdez Oil Spill Litigation, 3AN-89-2533 Civil (Sup. Ct. Alaska) and A-89-095 Civil (D. Alaska) in which the jury awarded judgment for the plaintiffs in the amount of $5 billion; In re Asbestos School Litigation, 83-0268 (E.D. Pa.); Holifield v. BP America, Inc., CV-90-0722 RJX (C.D. Cal.); In re Johns-Manville Corporation, Debtors, 82 B ll656-11676 (BRL) (Bkr. S.D.N.Y.); and Ross v. A. H. Robins, Inc., 77 Civ. l407 (CBM).

Trial Experience:

One of the reasons Wolf Popper maintains a favorable, formidable reputation is because of the Firm’s demonstrated willingness to prosecute cases through trial in order to achieve a favorable result for our clients. The Firm’s trial (and arbitration) experience includes, among other cases:

• Zuckerman v. FoxMeyer Health Corp., 3-96-CV 2258-L (N.D. Tex. 2002), where Wolf Popper prosecuted a mini-trial before a former Magistrate Judge from the N.D. Cal. in the context of an ADR Proceeding to determine a binding fair value of a settlement of the action. Notwithstanding the fact that the defendant company was on the brink of insolvency (and subsequently filed for bankruptcy), the company providing the initial layer of insurance coverage was in liquidation, and the individual defendants were not wealthy, after presentation of the evidence, the neutral arbiter determined that the settlement value of the action was $14,250,000.

• The Firm served as arbitration counsel in 1997, 1998, and 1999 in several extensive commercial arbitrations on behalf of an international airline.

• Plaintiffs’ co-trial counsel in Abzug, et ano. v. Kerkorian, et al., CA 000981, Superior Court, Los Angeles, California, which was settled during trial in October 1990 for $35 million.

• The Firm was co-lead counsel for plaintiffs in litigation involving the alleged "greenmail" of Walt Disney Company by Saul Steinberg and his Reliance Group, Heckmann v. Ahmanson, C.A. 000851 (Superior Court, Cal.) (co-lead counsel for derivative actions). There the Los Angeles Superior Court in September 1989 approved a settlement at trial providing for a cash payment of $45 million plus the therapeutic benefit of the termination of certain defendants’ claim for rescission which potentially would have cost the company in excess of a billion dollars.

• Citron v. E.I. duPont de Nemours & Co., Del. Ch. (Civil Action No. 6219), in Delaware Chancery Court in which the Vice-Chancellor complimented plaintiffs’ counsel "for the able way in which they presented the case," their "well-done" pre-trial briefs, and the "good job" done.

• Odmark v. Westside Bancorporation, Inc., No. C85-1099R (W.D. Wash.), settled mid-way through trial in Seattle, Washington.

• Co-trial counsel for a plaintiff class in Kreindler v. Sambo’s, 79 Civ. 4538 (WK)(S.D.N.Y.), which was settled during trial for $7 million.

• Co-counsel for the plaintiff class in the successful trial of Sirota v. Solitron Devices, Inc., 75 Civ. 1383 (CLB) (S.D.N.Y.), a complex securities fraud class action prosecuted under §10(b) of the Securities Exchange Act of 1934. After an eleven-day trial, the jury brought in a verdict for the plaintiff class on all issues of liability and damages which was sustained on appeal. See Sirota v. Solitron Devices, Inc., 673 F.2d 566 (2d Cir. 1982).

• Baum v. Centronics Data Computer Corp., 85-363-L (D.N.H.), settled after trial had commenced in New Hampshire.

• The Firm also has tried several other actions on behalf of plaintiff classes in securities actions in Delaware and elsewhere.

Court Commentary On The Firm:

Throughout the history of the Firm, the Courts before whom Wolf Popper has appeared have commented favorably and repeatedly on the ability, expertise, and performance of the Firm and its members. A sampling of some of the praise the Firm has consistently received over the course of its practice include the following cases:

• In Dusek v. Mattel, Master File No. CV-99-10864-MRP (CWx) (C.D. Cal.), in approving the settlement of the action along with a companion action, for $122 million, the Judge, in her Findings of Fact and Conclusions of Law entered on November 6, 2003, complimented counsel saying that "Wolf Popper LLP vigorously prosecuted the Dusek action and zealously represented the interests of the Dusek Class members," and that Wolf Popper performed in a "very capable and professional manner."

• The Firm served as Co-Lead Counsel for plaintiffs in Stanley v. Safeskin, Lead Case No. 99cv454-BTM(LSP) (S.D. Cal.), in which the Judge noted in approving a $55 million settlement that "Plaintiffs’ counsel are highly skilled in these cases" and that he was "kind of

looking forward to trying this case, because it would have the best lawyers in the country trying this case. . . ." The Honorably Barry T. Moskowitz subsequently further complimented Co-Lead Counsel at a hearing on November 20, 2003, stating:

I think I learned more about the honorability of the firms and the competency -- and competency is too weak of a word -- the extraordinary ability of these firms in handling the cost aspects of it, and expenses aspect of it, . . .I don’t think I’ve seen lawyers so honest with the Court . . . . I really thought that the Plaintiffs’ law firms in this case not only had extraordinary ability to deal with the complicated factual issues -- and it certainly was a difficult case, and you should be applauded in that regard. * * * And it’s not usual that the court sees lawyers behave -- we usually see them behave well, but this is extraordinarily positive. And I wanted to make that notation. . .I can -- come out of it having incredible respect for the work that the lawyers did in this case. * * * From the plaintiffs’ perspective -- and I say this for all the firms -- you handled it on a much higher plane, probably on a textbook or ideal plane. If they would teach people how it should be done in law school, this would be the example of, how the lawyers handle this case.

• In approving the $10.25 million settlement of the In re Exide Corp. Sec. Litig., Case No. 98-CV-60061-AA (E.D. Mich., Transcript of Proceedings, September 2, 1999, at 34, 35-6), the Honorable George Caram Steeh complimented the Firm for its diligence and skill, saying:

The court is satisfied indeed that the settlement that was reached in arm’s length bargaining, that was undertaken only after very thorough preparation on the part of plaintiff’s counsel. That the counsel itself was extremely competent and considerable experience in pursuing such matters. . . . * * * So the court is satisfied that the attorneys on both sides of this litigation should be commended for their effort and professionalism in developing and presenting the issues and for their common sense in arriving at the settlement as it has been presented to the court for confirmation.

• In the In re Marketspan Corporation /LILCO Shareholder Litigation, Index No. 15731/98 (Sup. Ct., NY, Transcript of Proceedings, April 28, 1999, at 9), Justice Ute Wolff Lally commended the Firm when he preliminarily approved a proposed settlement, stating:

Let me first state that having had the stipulation of settlement prior to today, I have, of course, perused it at length, and I want to thank and I want to commend the executive committee and the head law firm, Wolf Popper, in adhering to the timetable which this Court has set in the various orders that have been issued and in completing the discovery and the complex negotiations in accordance with the Court’s order. The court appreciates that because it was an

enormously complex litigation, and I certainly commend you for reaching this agreement.

• In approving the proposed settlement of the litigation over the merger of the American Stock Exchange and the NASD, Judge Denny Chin stated in Philipson v. American Stock Exchange, 98 Civ. 4219 (DC) (S.D.N.Y., Transcript of Proceedings, February 18, 1999, at 8-11):

I’ve considered the papers and what I have heard today, and I find that the settlement is fair, reasonable and adequate. . . . The recovery is substantial. There is the $30 million for the seat market program. . . . There is the potential revenue sharing, which I think at a reasonable estimate would be $20.7 million at least, . . . .

So the benefits of the proposed settlement are substantial. * * * I think that the benefits of the proposed settlement compare very well to any conceivable reasonable potential recovery. * * * There are very experienced and very good counsel on both sides. The negotiations were difficult and went on for quite a long time. * * * So, having considered all those factors, I conclude that the settlement is fair, reasonable and adequate and is approved. * * * Terrific job on both sides.

• Judge Donna F. Martinez complimented the Firm when she approved the settlement of a securities fraud action in Germano v. Cognitronics Securities Corp., Docket No. 3:93-CV-00539 (DFM) (D. Conn., Transcript of Proceedings, September 11, 1998, at 2, 3-4), stating:

Your presentations. . .were extraordinary – extraordinarily thorough and highly expert. . . . * * * The issues presented were complicated. They were difficult, and as we’ve all said more than once now, they were bitterly and expertly fought. * * * You’ve ended a long piece of litigation. I know that there was hard work involved not only in the litigation, but a lot of hard work and considerable number of hours that went into the efforts to resolve the case, and you’re all to be commended for your very, very excellent representation of your respective clients.

• In a securities fraud action against Caremark International, Inc. arising out the company’s failure to disclose violations of state fraud statutes, the Firm served as Co-Lead Counsel for plaintiffs and recovered $25 million on behalf of defrauded investors. The Court complimented plaintiffs’ counsel on their handling of the case, stating:

Congratulations * * *I know [this case] was a complex piece of litigation. * * * thank you very much for your efforts. I think the class and the defense were very well represented.

In re Caremark International, Inc. Securities Litigation, Docket No. 94 C 4751 (Transcript of proceedings, December 15, 1997, at 7-8).

• In the investor actions arising out of the failed public offering involving In-Store Advertising in which the Firm was co-lead counsel, Judge Peter K. Leisure, in approving a settlement of $9.25 million, stated at the settlement hearing held on December 18, 1996:

Now, having reviewed the excellent work of counsel with regard to the preparation of the papers, and the research that was done, and having conducted independent research on the law, I am fully satisfied with the quality of the lawyers’ work in this matter.

In re In Store Advertising Sec. Litig., Master File No. 90 Civ. 5594 (PKL) (S.D.N.Y., December 18, 1996)

• Wolf Popper was lead counsel in Carpi v. McDonnell Douglas Capital Income Fund-I, 90 Civ. 3448 (JMC) where $16.1 million in aggregate economic benefits or 95% of the class damages was recovered for the class. Judge Cannella praised lead counsel in a decision dated January 21, 1994, as follows:

Plaintiffs’ lead counsel has at all times demonstrated to this Court the highest caliber of representation, measurable both in quantitative terms (i.e., the benefits of the settlement to the class members), and in the professionalism, the timeliness, and the thoroughness of lead counsel’s written submissions.

• Wolf Popper was co-lead counsel in investor actions brought against Valley National Bank of Arizona. Judge Robert C. Broomfield stated in approving a $10.8 million settlement on January 31, 1994:

I commend counsel, particularly counsel who litigated this matter, on the quality of their representation of their respective counsel. The quality of representation was very high on behalf of all parties.

Hoexter, et al. v. Simmons, et al., No. CV-89-1069-PHX-RCB (D. Az.).

• Judge James F. Holderman complimented counsel for the quality of their efforts in In re Salton/Maxim Sec. Litig., Docket No. 91 C 7693 (N.D. Ill.), in which Wolf Popper was Co-Lead Counsel, at the hearing approving the settlement and awarding counsel fees, the Court stated:

I want to not only compliment you lawyers for the professionalism that you showed in the course of reaching this compromise resolution, but I want to compliment you on the professionalism that you showed during the course of the litigation. This was a hard fought litigation. It was well briefed. The issues were presented crisply. . . . [A]s a judge presiding over this case, it was a pleasure to preside over it because of the skill and the quality of the lawyering on everyone’s part in connection with this case.

• Judge Dickinson R. Debevoise stated at the February 3, 1993 hearing at which he approved the $21.6 million settlement in In re Prime Motor Inns Shareholder Litig., Master File No. 90-87 (DRD) (D.N.J.):

The plaintiffs’ attorneys have performed their work aggressively, skillfully and with good effect. I do not detect any duplication of work....The attorneys have earned generous compensation.

• Judge Leonard B. Sand of the Southern District of New York, in In re Wedtech Sec. Litig., 21-46 (LBS) MDL 735 (S.D.N.Y.), in approving the settlement and counsel’s fee application (in which the Firm was Chair of the Plaintiffs’ Executive and Scheduling Committees in the con-solidated litigation), stated:

My observation has been that this litigation has at all times been conducted at a very high-skilled professional level. I have had no sense in this case of make-work activity or any sense that the matter was not pursued by all parties diligently but not exces-sively . . . .

• In the In re Gulf Oil/Cities Service Tender Offer Litig., 82 Civ. 5253 (MBM) (S.D.N.Y.) litigation, where Wolf Popper served as Plaintiffs’ Lead Settlement Counsel and as a member of Plaintiffs’ Executive Committee and in which a settlement of $34 million was achieved only after the case was fully prepared for trial, the Honorable Michael B. Mukasey stated to the Wolf Popper partner in charge of the case, at a hearing held on January 3, 1992, "to the extent you have fiduciary obligations, you have discharged them magnificently in this case. You have gotten the best settlement that you can negotiate for your client." Judge Mukasey further stated in his Opinion and Order approving the settlement and awarding counsel fees:

[P]laintiffs’ counsel] did all the work on their own....class counsel consistently have been skillful, resourceful and diligent without also being captious -- no mean feat. They invested time and money in this case, and well deserve the payment they request.

In re Gulf Oil/Cities Service Tender Offer Litig., Fed. Sec. L. Rep. (CCH) ¶ 96,845, at 93,391 (S.D.N.Y. 1992).

• In the International Systems & Controls Sec. Litig., MDL 440 (S.D. Tx.) case, Judge Black stated at the conclusion of the action that the quality of the plaintiffs’ lawyers was "extraordinary." In Seidman v. Stauffer Chemical Co., B-84-543 (D. Conn.) at the conclusion of the case, Chief Judge Daly remarked, in approving the $11.6 million settlement, that plain-tiffs’ co-lead counsel had acted throughout the litigation "...in accord with the highest standards of the bar, and it was a pleasure to deal with you and to listen to you, and to review your work...".

I’m satisfied that counsel in this case are highly competent, very skilled in this very specialized area and were at all times during the course of the litigation that I participated in, which was perhaps the major portion of the Court litigation here, always well prepared, well spoken, and knew their stuff and they were a credit to their profession. They are the top of the line. It is good to see top-of-the-line people come in here and top-of-the-line people should be paid top-of-the-line fees. . . . I’m very satisfied with counsel. . . . I compliment them. . . .

• At the settlement hearing held on September 30, 1985 in In re Saxon Sec. Litig., 81 Civ. 3103 (S.D.N.Y.), in which the Firm served as co-lead counsel and achieved a recovery of over $18 million, Judge Mary Johnson Lowe praised the quality of work performed in the case:

I have never had the pleasure of working with such an outstanding group of attorneys. . . . * * * We had claims which aggregated many times the value of what was available, and I think you were all just superb, and from this Court to all of the lawyers who participated you have my admiration, my thanks -- and I don’t know what other accolades I can give you other than that, but that is the way I feel about what happened here, and I am very proud to be a lawyer to be associated with you. ______

Lester L. Levy is the Chairman and Managing Partner of Wolf Popper LLP. He is a graduate of Columbia Law School. Mr. Levy has prosecuted hundreds of class actions and has recovered over one billion dollars for the class members he has represented. He is a recognized expert in the specialized field of complex class action litigation and he has lectured in complex litigation at the University of Illinois and the University of Miami Law Schools. Mr. Levy's ability to prosecute sophisticated class actions successfully has often been the subject of judicial recognition.

In Buxbaum v. Deutsche Bank, A.G., 98 Civ. 8460 (JGK) (S.D.N.Y.), Mr. Levy was co-lead counsel for the class in a major securities fraud action against Deutsche Bank, A.G. that recovered $58 million on behalf of defrauded Bankers Trust shareholders. The District Court’s opinion denying defendants’ motion to dismiss is reported at Fed. Sec. L. Rep. (CCH) ¶ 90,969 (S.D.N.Y. 2000). The decision denying defendants ’ motion for summary judgment is reported at 2002 U.S. Dist. LEXIS 1893 (S.D.N.Y. Jan 30, 2002). The $58 million recovery, obtained on

the eve of trial, was equivalent to approximately 48% of the class’s maximum possible recovery, and approximately 96% of the class ’s most likely recovery.

In In re Providian Financial Securities Litigation, MDL No. 1301 (E.D. Pa), Mr. Levy was co-lead counsel for the plaintiff class and obtained a $38,000,000 judgment from the defendants. The Court, in approving the settlement in June, 2002, remarked on the "extremely high quality" and "skill and efficiency" of plaintiffs’ counsel’s work, which the Court stated it had seen throughout the litigation.

Judge James F. Holderman remarked on the quality of counsel's efforts in In re Salton/Maxim Securities Litigation, Docket No. 91 C 7693, (United States District Court, Northern District of Illinois), an action in which Mr. Levy was plaintiffs' co-lead counsel. At the hearing approving the settlement, the Court stated: I want to not only compliment you lawyers for the professionalism that you showed in the course of reaching this compromise resolution, but I want to compliment you on the professionalism that you showed during the course of the litigation. This was a hard fought litigation. It was well briefed. The issues were presented crisply. . . . [A]s a judge presiding over this case, it was a pleasure to preside over it because of the skill and the quality of the lawyering on everyone's part in connection with this case.

Mr. Levy was co-lead counsel in one of the largest class actions brought in New Jersey

State Court, Princeton Economics Group, Inc. v. American Telephone and Telegraph Company, (N.J. Super. Ct. 1995). That case resulted in a settlement valued at $85-90 million. At the conclusion of the case, the Court noted the high level of skill possessed by class counsel and stated that... "If not for the skill and the experience of class counsel, a settlement may not have been reached or, if it had been reached, may have resulted in a significantly diminished recovery for the class."

Mr. Levy also headed the class action litigation in the State of New York against

American Bankers Ins. Group Inc. He obtained a nationwide class [Taylor v. American Bankers Ins. Group Inc., 700 N.Y. S. 2d 458 (1st Dept. 1999)] and achieved a complete recovery for class members as the defendant agreed to pay the class members' disputed coverage claims in full. The defendant also agreed to revise its solicitations to prevent a recurrence.

Mr. Levy was plaintiffs' co-lead counsel in Seidman v. Stauffer Chemical Co., B-84-543 (United States District Court, District of Connecticut) where at the successful conclusion of the case, Chief Judge Daly remarked that plaintiffs' co-lead counsel had acted throughout the litigation "...in accord with the highest standards of the bar, and it was a pleasure to deal with you and to listen to you, and to review your work...". Mr. Levy played a leading role in the landmark Joseph v. Shell Oil Litigation, wherein the plaintiff stockholders successfully petitioned the Delaware Chancery Court to enjoin the proposed merger of Shell Oil Company and Royal Dutch Petroleum Company. At the conclusion of the litigation, which resulted in a $205,000,000 recovery for the class, the Court said that "the results achieved in this case for the class are outstanding". In In re Fidelity Medical, Inc. Securities Litigation, 92-1908 (United States District Court, District of New Jersey), where Mr. Levy was a member of plaintiffs' Executive Committee that prosecuted the case, the Court at the conclusion of the case complemented counsel for their skill and professionalism and thanked them for the way the litigation was conducted. The periodical, Securities Class Action Alert, noted in reporting on the Borman's Inc. class action, wherein Mr. Levy was the Class Counsel: "Lester Levy of Wolf Popper Ross Wolf & Jones made short work of this case by winning a quick handsome return for shareholders. In one of the highest payout ratios in recent memory, eligible investors recovered 93% of the money they were deprived of. Levy obtained the settlement in just 15 months and investors received their checks within 6 months after the claim deadline date!"

Securities Class Action Alert, p.60 (April 1991).

Other important class actions, wherein Mr. Levy was either lead counsel or co-lead counsel include: In re Archer Daniels Midland Co. Securities Litigation, United States District Court, Central District of Illinois ($30 million recovery for the class); Hwang v. Smith Corona Corp., et al, United States District Court, District Court of Connecticut ($24.5 million recovery for the class); Watkins v. Beatrice, Delaware Chancery Court ($190 million recovery for class);

In re Adac Securities Litigation, (United States District Court, Northern District of Calif.) (recovery of approximately $20 million for the Class); In re Caremark Securities Litigation, United States District Court, Northern District of Illinois (recovery of $25 million for the class); and Zinberg v. Washington Bancorp, Inc., (United States District Court, District New Jersey) (recovery for the class members of 200% of their damages).

In 1997, Mr. Levy argued before the New York Court of Appeals in Tanzer v. Health Insurance Plan of Greater New York, 91 N.Y.2d 850, 1997 WL 773695 (Dec. 17, 1997) and won a unanimous decision upholding a class action complaint on behalf of insureds who had been denied medical insurance coverage. Thereafter, the Class received 100% of their damages.

Mr. Levy has recently been appointed as co-lead counsel for the State of New Jersey in Motorola Securities Fraud Class Action. In addition to his trial experience, Mr. Levy serves as an arbitrator for the United States District Court for the Eastern District of New York and is a member of the Panel of Arbitrators of the American Arbitration Association. Mr. Levy is also active in charitable work. He has received the Lifetime Trustee Award from the National Multiple Sclerosis Society for "outstanding service to the MS community."

Robert M. Kornreich, a senior partner of the Firm, is a graduate of Columbia College (B.A.), the School of Law of the State University of New York at Buffalo (1967, LL.B. -- member of the Buffalo Law Review) and New York University School of Law (LL.M.). Following law school, he joined the Firm where he has concentrated in the area of securities class and derivative litigation. He has been a senior member of the Firm since February 1984 and has been a partner since 1979. Mr. Kornreich has been lead or co-lead counsel in numerous successful securities class action cases. 1. For example, he was co-lead counsel for plaintiffs in the class action entitled In re Digital Equipment Securities Litigation, CA 83-3255-Y (D. Mass.), in which a settlement of $9 million was achieved. 2. He was co-lead counsel in the class actions entitled In re McDonnell Douglas Equipment Leasing Securities Litigation, MDL No. 873 (S.D.N.Y.) which was settled with cash benefits to the classes in excess of $16,000,000. 3. He was co-lead counsel in In Re JWP Securities Litigation, Master File No. 92 Civ. 5815 (WCC) (S.D.N.Y.), a securities class action which was settled in 1997 for approximately $36,000,000.

He has argued appeals in many jurisdictions, including the New York Court of Appeals, as well as, the D.C. Circuit, the Eleventh Circuit and the Sixth Circuit. His notable appellate decisions include Barr v. Wackman, 36 N.Y. 2d 371 (1975); Lipton v. Documation, 734 F.2d 740 (11th Cir. 1984), and; In re Subpoena Served Upon the Comptroller of the Currency and the

Secretary of the Board of Governors of the Federal Reserve System, 967 F.2d 630 (D.C. Cir. 1992). Mr. Kornreich was sole lead or co-lead counsel in the following notable recent class or derivative action cases: 4. In Re Sunbeam Securities Litigation, 98-8258-Civ., class action settlement in the Southern District of Florida for $110 million with outside auditor, the second largest class recovery against a public auditor; 5. Berke v. Presstek, Inc., 96-347-M, class action settlement in the District of New Hampshire for $22 million in stock; 6. In re TCW/DW American Government Income Trust Securities Litigation, 95 Civ. 0167 (PKL), class action settlement for $30 million in the Southern District of New York; 7. Retsky Family Limited Partnership v. Price Waterhouse LLP, 97 C 7694, class settlement in Northern District of Delaware for $14 million after trial by award of arbitrator; 8. Quintel Entertainment, Inc., 98 Civ. 3163 (WCC), class settlement in Southern District of New York for $3.2 million; 9. In Re Triarc Companies, Inc. Class and Derivative Litigation, 1576-NC, class and derivative settlement in Delaware Chancery Court for $11 million in economic benefits.

Mr. Kornreich is a recognized expert in the field of securities litigation and has served as Chair of the Committee on Securities and Exchanges of the New York County Lawyers' Association from 1993 to 1997.

Marian P. Rosner is a senior partner in Wolf Popper LLP, ("Wolf Popper" or "the Firm"). She is the co-chair of the Firm’s securities litigation department and is a member of the executive committee. Ms. Rosner is a graduate of New York University (B.A., 1970) and from Brooklyn Law School (J.D., 1973). She served as an Assistant Corporation Counsel for the City of New York Law Department, General Litigation Division, before joining Wolf Popper in 1976. Ms. Rosner has litigated securities class actions for more than twenty-five years and is a recognized expert in her field. A sample of the major class actions Ms. Rosner has successfully litigated and the Court’s comments concerning her work are as follows: • In re WebSecure, Inc. Securities Litigation, 97-10662-GAO (D. Mass.). In an

early precedent under the PSLRA, Ms. Rosner obtained an order from the court granting discovery notwithstanding an anticipated motion to dismiss by the defendants. [1998 Transfer Binder] Fed. Sec. L. Rep. (CCH) ¶ 90,112 (D. Mass. 1997) and successfully defended against defendants' motion to dismiss (182 F.R.D. 364 (D. Mass. 1998). A substantial recovery was obtained for the class, in spite of the bankruptcy of the corporate defendant.

• In In re Cephalon Securities Litigation, 96 CV-0633 (E.D. Pa.), Ms. Rosner prosecuted one of the first securities cases filed under PSLRA, on behalf of an institutional investor. A $17 million settlement was obtained in a complex action against a biotechnology company accused of misrepresenting test results of a Phase III clinical study of a drug to treat ALS patients. In addition to successfully litigating the motion to dismiss (1997 WL 570918 (E.D. Pa. Aug. 29, 1997)), a precedent-setting decision regarding class certification was obtained for a class broadly defined to include short sellers and option traders (Fed. Sec. L. Rep. ¶ 90,268 (E.D. Pa. Aug. 12, 1998). • Ms. Rosner litigated for two years until the eve of trial an investor class action in Danis v. USN Communications, Inc., 98C 7412 (N.D. Ill.) where a recovery of $44.7 million was achieved for the class. The settlement returned to class members 36% of maximum provable damages where USN was bankrupt and the recovery was retained against venture capital defendants and underwriters. The court’s decision denying defendants’ motion to dismiss is reported at 73 F. Supp. 2d 923 (N.D. Ill. 1999).

• Ms. Rosner achieved a benefit of over $50 million in the settlement of the litigation over the merger of the American Stock Exchange and the NASD in Philipson v. American Stock Exchange, 98 Civ 4219 (DC) (S.D.N.Y., Transcript of Proceedings, February 18, 1999, at 8-11), in which the Court complimented the Firm for its "terrific job" in negotiating a "substantial [recovery]."

• Ms. Rosner was co-lead counsel in In re Chambers Development Co. Sec. Litig., C.A. No. 92-0679 (W.D. Pa.) that resulted in a $95 million cash settlement for the class in 1996, then one of the largest settlements in a securities fraud class action.

• Ms. Rosner was the Chair of Plaintiffs' Executive and Scheduling Committees in

the con-solidated litigation arising out of the national scandal at Wedtech Corporation. In re Wedtech Sec. Litig., M 21-36 (LBS) MDL 735 (S.D.N.Y.). Both institutional and private investors brought separate actions along with numerous class actions and participated in the $77.5 million settlement of the case, representing almost 67% of investor losses. Judge Leonard B. Sand stated at the settlement hearing that "My observation has been that this litigation has at all times been conducted at a very high-skilled professional level."

• Ms. Rosner served as co-lead counsel in In re Prime Motor Inns Shareholder Litig., Master File No. 90-87 (DRD) (D.N.J.) which resulted in a settlement of $21.6 million for the class. At the conclusion of the case in 1993, Judge Debevoise complimented plaintiffs' counsel, stating, "The plaintiffs' attorneys have performed their work aggressively, skillfully and with good effect." • In the investor actions arising out of the failed public offering involving In-Store Advertising in which Ms. Rosner was co-lead counsel, Judge Peter K. Leisure, in approving a settlement of $9.25 million, stated at the settlement hearing held on December 18, 1996: Now, having reviewed the excellent work of counsel with regard to the preparation of the papers, and the research that was done, and having conducted independent research on the law, I am fully satisfied with the quality of the lawyers' work in this matter.

In re In Store Advertising Sec. Litig., Master File No. 90 Civ. 5594 (PKL) (S.D.N.Y., December

18, 1996) • Ms. Rosner was co-lead counsel in investor actions brought against Valley National Bank of Arizona. Judge Robert C. Broomfield stated in approving a $10.8 million settlement on January 31, 1994: I commend counsel, particularly counsel who litigated this matter, on the quality of their representation of their respective counsel.

Hoexter, et al. v. Simmons, et al., No. CV-89-1069-PHX-RCB (D. Az.).

• Judge Nicholas H. Politan stated at the hearing approving the $4.25 million settlement in In re Electro-Catheter Corporation Sec. Litig., Civil No. 87-4l (D.N.J. September 7, l989), in which Ms. Rosner was co-lead counsel: I'm satisfied that counsel in this case are highly competent,very skilled in this very specialized area and were at all times during the course of the litigation that I participated in, which was perhaps the major portion of the Court litigation here, always well prepared, well spoken, and knew their stuff and they were a credit to their profession.

• At the settlement hearing held on September 30, 1985 in In re Saxon Sec. Litig., 81 Civ. 3103 (S.D.N.Y.), in which Ms. Rosner served as co-lead counsel and achieved a recovery of over $20 million, Judge Mary Johnson Lowe praised the quality of work performed in the case:

* * * We had claims which aggregated many times the value of what was available, and I think you were all just superb, and from this Court to all of the lawyers who participated you have my admiration, my thanks -- and I don't know what other accolades I can give you other than that, but that is the way I feel about what happened here, and I am very proud to be a lawyer to be associated with you.

After three years of extensive litigation and discovery, Ms. Rosner has settled, subject to final court approval, the class actions in Thurber, et al. v. Mattel, Inc. and Dusek, et al. v. Mattel, Inc., No. CV-99-10864-MRP (CWx) for $122 million cash plus interest for investors in Mattel, Inc. Ms. Rosner had primary responsibility for Wolf Popper’s representation as Special Advisory Counsel to the State of Wisconsin Investment Board in the Anicom litigation. Wolf Popper conducted the investigation of plaintiffs’ claims including extensive interviews of Anicom’s former employees and customers, and prepared the initial Amended Complaint. That complaint was sustained by the District Court, leading to a global settlement of $30 million on behalf of all claimants.

Ms. Rosner is a former member of the Federal Courts, Corporation Law, and Securities Regulation Committees of the Bar Association of the City of New York. She has written and lectured widely on issues involving securities litigation and accountants’ liability and has served on the following panels: (1) CityBar Center for Continuing Legal Education, The Association of the Bar of the City of New York, "Prosecuting Securities Class Actions & Derivative Suits", May 13, 2004; (2) Practicing Law Institute ("PLI") on "Accountants’ Liability After Enron", May 20-21, 2002; (3) Practicing Law Institute ("PLI") Securities Seminar 1998, 1999, 2000; (4) May 8, 2001 and April 25, 2002 New York City Bar Association Seminar on Securities Litigation; (5) Professional Liability Underwriting Society, "D&O Liability & Insurance Issues Symposium" (January 22-23, 1998); (6) ALI-ABA Post Graduate Course in Federal Securities Law: "The Aftermath of Securities Litigation Reform" (July 22-24, 1997); (7) PLI seminar on Sweeping Reform: Litigating & Bespeaking Caution Under the New Securities Law (1996); (8) PLI 28th Annual Institute on Securities Regulation (1996);

(9) Federal Bar Council Roundtable: "Private Securities Litigation, A New Life Form Emerges" (October 23, 1996); (10) PLI seminar on Accountants’ Liability (1988, 1993 and 1994); (11) Federal Bar Council Roundtable: Ethics and Professionalism in Witness Preparation and Depositions (March 22, 1994); (12) American Bar Association 1993 summer meeting on the subject of RICO claims against accountants after the Supreme Court decision in Reeves v. Ernst & Young (1993); (13) April 11, 2002 City Bar Center for Continuing Legal Education, Women in Negotiation: Practical Tips to Strengthen Your Negotiation Skills (For You & Your Clients).

Ms. Rosner is a member of the Board of Editors of the Securities Reform Act Litigation Reporter and the Arbitration Panel of the Eastern District of New York.

Patricia I. Avery is a senior partner of Wolf Popper LLP. She holds a B.A. from New York University (1973) and is a graduate of New York University School of Law (J.D., 1976), where she was a staff member and then an editor of the Moot Court Board. Since graduation from NYU, she has specialized in securities and other complex civil litigation, including antitrust, consumer fraud, qui tam, and environmental. Ms. Avery has had sole or major

responsibilities for many leading decisions in the securities field and in the general area of Federal Civil Procedure. Since joining Wolf Popper in 1982, Ms. Avery has been involved principally in securities (both derivative and class action) and antitrust litigation. In addition to playing major roles in many of the leading decisions and substantial judgments obtained by the Firm over the years, she has had sole or principal responsibility at the Firm for numerous securities and class action cases in which the Firm was appointed lead or co-lead counsel for plaintiffs, including, among many others: • Thurber v. Mattel, Master File No. CV-99-10368-MRP(CWx) (C.D. Cal.) (§10(b) claims) and Dusek v. Mattel, Master File No. CV-99-10864-MRP(CWx) (C.D. Cal.) (§14(a) claims), Wolf Popper was a member of the Executive Committee of Plaintiffs' counsel, but was also specifically appointed by the Federal Court to have primary responsibility for the prosecution of the Dusek v. Mattel §14(a) claims. After more than three years of extremely hard-fought litigation, including two rounds of motions to dismiss, the production of millions of documents, and the taking or defending of more than 40 depositions, both cases settled for the aggregate sum of $122 million, with $61 million allocated for the Dusek v. Mattel §14(a) claims, believed to be the largest settlement of a §14(a) case. Upon approving the settlement, the Judge complimented counsel saying that the settlement was an "awfully good result." The Judge also specifically found that "Wolf Popper LLP vigorously prosecuted the Dusek action and zealously represented the interests of the Dusek class members" and that Wolf Popper zealously performed in a "very capable and professional manner."

• Stanley v. Safeskin, Lead Case No. 99cv454-BTM(LSP)(Consolidated) ($55 million settlement approved by the Court in March 2003, in which the Court complimented plaintiffs’ co-lead counsel for their work, noting that plaintiffs’ co-lead counsel "vigorously" and "diligently" prosecuted the case and "procured an exceptional award for the class," and that they had a "great deal of experience in class action litigation" and are "highly regarded in this area of the law." The Honorable Barry T. Moskowitz complimented Plaintiffs’ Co-Lead Counsel in this case, handled by Ms. Avery on behalf of Wolf Popper, noting his "incredible respect for the work that the lawyers did." Describing Plaintiffs’ counsel as "highly skilled in these cases," Judge Moskowitz commented that he was "kind of looking forward to trying this case, because it would have the best lawyers in the country trying this case. . . ." The Court subsequently further complimented Co-Lead Counsel, stating that "competency is too weak of a word -- the extraordinary ability of these firms * * * I really thought that the Plaintiffs' law firms in this case not only had extraordinary ability to deal with the complicated factual issues -- and it certainly was a difficult case, and you should be applauded in that regard." Paying Plaintiffs’ Co-Lead Counsel perhaps an ultimate compliment, the Court further said, "From the plaintiffs' perspective -- and I say this for all the firms -- you handled it on a much higher plane, probably on a textbook or ideal

plane. If they would teach people how it should be done in law school, this would be the example of, how the lawyers handle this case." • In re Grand Casinos, Inc. Sec. Litig., Master File No. 4-96-890 (JRT/RLE) (settlement of $9 million approved in August 2001, one of the very early decisions sustaining various claims brought under the Private Securities Litigation Reform Act of 1995, finding that plaintiffs met the rigorous pleading standards of the then new Act, 988 F. Supp. 1270 (D. Minn. 1997)); • Jonas v. Aspec Technology, Inc., Lead Case No. CV775037 (Superior Court of the State of California, County of Santa Clara (settlement of $13 million, plus 1.75 million shares of stock approved in 2001); • In re Adac Laboratories Sec. Litig., Master File No. C-98-4934-MHP (settlement of $20 million in 2000); • Polikoff v. Eamer, Case No. BC039354 (Superior Court, Los Angeles, Cal.) (settlement of $11 million, plus equitable and therapeutic relief in 1996); • PS Group Inc. Sec. Litig., Master File No. 93-2046 (C.D. Ill., October 1995) (settlement of $5 million); • In re Pacific Enterprises Sec. Litig., CV920841 JSL (EEx) (C.D. Ca., March 28, 1994) (settlement of $35 million--where the Judge complimented plaintiffs' co-lead counsel as being "outstanding lawyers" who "could not be improved on for this kind of litigation," and "this group of lawyers merits it [respect]."); • Abzug, et ano. v. Kerkorian, et al., CA 000981 (Superior Court, Los Angeles, Cal.) (in which Ms. Avery was co-trial counsel in an action settled in 1990 during trial for $35 million); • In re American Southwest Mortgage Sec. Litig., Civ. 89-462 TUC RMB (D. Az. 1992) (settlement of $5.2 million); • Grobow v. Dingman, Civil No. 575076 (Superior Court, San Diego, Cal.) and Civil No. 87-0889 JLI (IEG) (S.D. Cal.) (settlement comprised of monetary and equitable relief valued by experts at in excess of $52 million); and • Weinberger v. Shumway, Civil No. 547586 (Superior Court., Cal.) (derivative settlement comprised of damages and equitable relief valued at in excess of $20 million).

Ms. Avery also has significant trial experience, serving as trial or co-trial counsel in numerous cases. Ms. Avery was the sole lead trial counsel in the defense of a $100 million arbitration on behalf of an international airline that was in arbitration hearings in 1998-1999, successfully reducing damages 99% before settlement. She was also co-trial counsel in, among other cases, Abzug, et ano. v. Kerkorian, et al, in Superior Court, Los Angeles, California, and Citron v. E.I. duPont de Nemours & Co. in Delaware Chancery Court (co-trial counsel with a senior partner of the Firm) in which the Vice-Chancellor complimented counsel "for the able way in which they presented the case" and the "good job" done. Ms. Avery was an annual contributor to the Survey of Securities Class Actions and Derivative Suits, American Bar Association, Litigation Section, Securities Litigation Committee,

Subcommittee, from 1996 through 2001. She is also the co-author of "To Stay or Not to Stay," Practicing Law Institute (1996); "Selection of Lead Plaintiff Under the Private Securities Litigation Reform Act of 1995," Practicing Law Institute (1996); as well as the co-author (or ghost writer) of a number of other articles on securities law practice and procedure published by the Practicing Law Institute;"The State Court Class Action--A Potpourri of Differences," The Forum, ABA, Vol. XX, No. 4, Summer 1985; and "Proving Damages in Non-Class Securities Cases," presented at the Commercial Law Section of the Association of Trial Lawyers of America annual convention, July l986. She was admitted to the New York bar in January 1977, and is admitted to numerous Federal Courts around the country, including the United States Supreme Court, various U.S. Circuit Courts of Appeal (including the Second, Third, Fifth, Seventh, Eighth, Ninth, and Eleventh Circuits), the Southern and Eastern Districts of New York, the Northern District of Texas, and the Central District of Illinois.

Robert C. Finkel is a graduate of the Columbia Law School, Class of 1981 (where he was a Harlan Fiske Stone Scholar), and the Wharton School of Business of the University of Pennsylvania, Class of 1978, where he obtained a B.S. in accounting. Mr. Finkel has twenty years of experience in securities and corporate litigation, with an expertise in accountants' liability. He is admitted to the New York State Bar, the Bar of the United States District Court, Southern and Eastern Districts of New York, Ninth Circuit Court of Appeals and the Tax Court of the United States. Mr. Finkel was an active participant in Wolf Popper's representation of the plaintiff classes in: • In re Service Corp. International, Case No. H-99-280 (S.D. Tex.) ($65 million recovery) • In re Providian Financial Securities Litigation, MDL 1301 (E.D. Pa.) ($38 million recovery); • In re TCW/DW North American Government Income Trust, 95 Civ. 0167 (PKL) (S.D.N.Y.) ($30 million settlement); • In re PictureTel Corp. Securities Litigation, ($12 million settlement); • In re National TechTeam Securities Litigation, Case No. 97-74587 (E.D. Mich.) ($11 million settlement); • In re Medical Resources, Inc. Securities Litigation, No. 97-5531 (WHW) (D.N.J.) ($5.75 million cash and note settlement); • In re Donnkenny Securities Litigation, 96-CV-8452 (MGC) (S.D.N.Y.) ($15 million cash and common stock proposed settlement);

• Rand v. Lorimar Telepictures Corp., 88 Civ. 3179 (LLS) (S.D.N.Y.) (an open market securities fraud action which settled for $6 million) and • Feinberg v. Empire Blue Cross-Blue Shield, 88 Civ. 2532 (RO) (S.D.N.Y.) (a class action for breach of an insurance contract which settled for $8,800,000).

Mr. Finkel was also instrumental in the representation of plaintiff classes in: • In re Medical Care America, Inc. Securities Litigation, Civil Action No. 3-92-CV-1996-R (N.D. Tex.) ($60 million settlement); • In re Marion Merrell Dow Inc. Securities Litigation, Master File No. 92-0609-CV-W-6 (W.D. Mo.) ($13.85 million settlement); • In re American Business Computers Corporation Securities Litigation, Docket No. MDL 913 (CLB) (S.D.N.Y.) (settlement for cash and stock valued at $6.5 million); • Lerch v. Citizens First Bancorp, Inc., Civil Nos. 90-3538, 90-4404 (D.N.J.) ($4.9 million settlement); • In re Columbia Securities Litigation, 89 Civ. 6821 (S.D.N.Y.) ($25 million settlement); • In re In-Store Advertising Securities Litigation, Master File No. 90-CIV. 5594 (KC) (S.D.N.Y.) ($9.25 million settlement); • In re Ivan F. Boesky Securities Litigation, M 21-45 (MP), MDL Dkt. No. 732 (S.D.N.Y.); • In re Triarc Companies, Inc. Class and Derivative Litigation, Civil Action No. 15746-NC (Del. Ch.) (cash and stock option settlement having an estimated value of $11 million); and • In re The Drexel Burnham Lambert Group, Inc., Chapter 11 Case No. 90 B 10421 (FGC) (Bankr. S.D.N.Y.).

Among the reported decisions in which Mr. Finkel as appeared as counsel of record are:

• In re Cephalon Securities Litigation, [1998 Transfer Binder] Fed. Sec. L. Rep. 90,268 (E.D. Pa. Aug. 12, 1998) (granting class certification of a class broadly defined to include short sellers and option traders); • In re Anicom, Inc. Securities Litigation, [Current Binder] Fed. Sec. L. Rep. 91,458 (N.D. Ill. May 15, 2001) (denying defendants' motion to dismiss the complaint). • In re TCW/DW North American Government Income Trust Securities Litigation, 941 F. Supp. 326, 334 (S.D.N.Y. 1996); 1997 U.S. Dist. LEXIS 18485 (S.D.N.Y. 1997) (denying defendants' motion to dismiss and motions to reargue, and granting class certification); • In re Providian Financial Corporation Securities Litigation, 52 F. Supp. 2d 826 (E.D. Pa. 2001) (denying defendants' motion to dismiss); • In re Donnkenny, Inc. Securities Litigation, 171 F.R.D. 156 (S.D.N.Y. 1997) (appointing lead plaintiff); • Chalverus v. Pegasystems, Inc., 59 F. Supp. 2d 26, 231 (D. Mass. 1999) (denying defendants' motion for summary judgment; • In re Quintel Entertainment Securities Litigation, 72 F. Supp. 2d 283 (S.D.N.Y. 1999) (denying defendants' motion to dismiss).

Mr. Finkel's article entitled "Investor Oversight Over the Issuance of Stock Options," was and "Recovering Damages for the Decline In Company – Issued Securities Under ERISA" have

been published in The New York Law Journal. Mr. Finkel has lectured on securities law before the New York State Bar Association and the Practicing Law Institute.

Chet B. Waldman, born in the Bronx, New York, June 3, 1959, is a graduate of Cornell University (A.B. 1982) and Boston University School of Law (J.D., 1985) where he was both a G. Joseph Tauro Scholar and a Paul J. Liacos Scholar and was a member of the American Journal of Law and Medicine. He was admitted to the bar in 1986 for the State of New York, the United States District Court, Southern and Eastern Districts of New York in 1988, and the United States Court of Appeals for the Fifth Circuit on May 22, 2000. Following law school, he joined the New York office of Weil, Gotshal & Manges, where he was predominantly involved in antitrust litigation. Since 1988, Mr. Waldman has been at Wolf Popper where he has specialized in federal and state securities class actions and derivative litigation. Mr. Waldman became a partner of the firm as of January 1, 1995. Mr. Waldman has been involved in litigating numerous multi-district and consolidated actions including some of the more prominent cases in which Wolf Popper has been involved. Among the cases litigated by Mr. Waldman are: • In re Chambers Securities Litigation, C.A. NO. 92-0679 (W.D. Pa.) • In re McDonnell Douglas Equipment Leasing Securities Litigation, MDL No. 873 (S.D.N.Y.) • In re Salomon Inc. Securities Litigation, 91 Civ. 5442 (S.D.N.Y.) Reported decisions recognizing Mr. Waldman as counsel include: • In re The Loewen Group Inc. Securities Litigation, 98-6740, 2004 WL 1853137 (E.D. Pa. Aug. 18, 2004 • Blatt v. Muse Technologies, Inc., Fed. Sec. L. Rep. (CCH) ¶92,004 (D. Mass. Aug. 27, 2002); • In re Sunbeam Securities Litigation, 89 F. Supp.2d 1326 (S.D. Fla. 1999); • In re WebSecure, Inc. Securities Litigation, [1998 Transfer Binder] Fed. Sec. L. Rep. (CCH) ¶ 90,292 (D. Mass. Sept. 24, 1998); • In re Employee Solutions Securities Litigation, [1998 Transfer Binder] Fed. Sec. L. Rep. (CCH) ¶ 90,293 (D. Az. Sept. 22, 1998); • Zuckerman v. FoxMeyer Health Corp., 4 F. Supp. 2d 618 (N.D. Tex. 1998); • Blaich v. Employee Solutions, Inc., [1998 Supp. Transfer Binder] Fed. Sec. L. Rep. (CCH) ¶ 90,109 (D. Ariz. Nov. 21, 1997); • Nager v. WebSecure, Inc., [1998 Supp. Transfer Binder] Fed. Sec. L. Rep. (CCH) ¶ 90,111 (D. Mass. Nov. 26, 1997);

• Nager v. WebSecure, Inc., [1998 Supp. Transfer Binder] Fed. Sec. L. Rep. (CCH) ¶ 90,112 (D. Mass. Nov. 26, 1997); • In re JWP Inc. Securities Litigation, 928 F. Supp. 1239 (S.D.N.Y. 1996); • Ann Taylor Stores Securities Litigation, [1990-91 Transfer Binder] Fed. Sec. L. Rep. (CCH) ¶ 95,940 (S.D.N.Y. 1992); • Herd v. Major Realty Corp, et al., [1990-1991 Transfer Binder] Fed. Sec. L. Rep. (CCH) ¶ 95,772 (Del. Ch. 1990).

Carl L. Stine is a graduate of Fordham University School of Law (J.D., 1989) where he was the Editor in Chief of the Fordham International Law Journal. Prior to joining Wolf Popper LLP, Mr. Stine was a litigation associate with the law firm Willkie Farr & Gallagher. Since joining Wolf Popper in June of 1995, Mr. Stine has participated in the prosecution of securities class actions such as against Leslie Fay Co., Caremark, Inc., Archer Daniels Midland Co., and Sunbeam Corp. He has also been involved in consumer fraud class actions against, for example, NYNEX, Chase Manhattan Mortgage Corp., H.I.P. of Greater New York, and Sprint PCS. Reported decisions recognizing Mr. Stine as counsel include: • In re Sunbeam Securities Litigation, 176 F. Supp. 2d 1323 (S.D. Fla. 2002); • In re U.S. Liquids Securities Litigation, 2002 U.S. Dist. LEXIS 26713 (S.D. Tex 2002); • Blatt v. Muse Technologies, Inc., 2002 U.S. Dist. LEXIS 18466 (D. Mass. 2002); • In re Sunbeam Securities Litigation, 261 B.R. 534 (S.D. Fla. 2001); • Collmer v. U.S. Liquids, Inc., 20011 U.S. Dist. LEXIS 23518 (S.D. Tex. 2001); • In re World Access, Inc. Securities Litigation, 119 F. Supp. 2d 1348 (N.D. Ga. 2000); • In re Sunbeam Securities Litigation, 89 F. Supp. 2d 1326 (S.D. Fla. 1999); • Taylor v. American Bankers Ins.Group, Inc., 267 A.D.2d 178, 700 N.Y.S.2d 458 (1st Dep't 1999) • In re WebSecure, Inc. Securities Litigation, [1998 Transfer Binder] Fed. Sec. L. Rep. (CCH) ¶ 90,292 (D. Mass. 1998); • Tanzer v. Health Insurance Plan of Greater New York, 238 A.D.2d 109 (N.Y. App. Div. 1st Dep't), rev'd, 91 N.Y.2d 850 (1997); • In re Caremark International, Inc. Securities Litigation, 1997 U.S. Dist. LEXIS 10948 (N.D. Ill. 1997); • Lerner v. Tele-Communications, Inc., 215 A.D.2d 731 (N.Y. App. Div. 2d Dep't 1995);

• Sheerbonnet, Ltd. v. American Express Bank Ltd., 17 F.3d 46 (2d Cir. 1994). Mr. Stine currently serves as the Chairman of the Board of Appeals of Thomaston, New York, and is admitted to the New York State Bar and the Bars of the United States District Courts for the Southern and Eastern Districts of New York and the Third Circuit Court of Appeals. Mr. Stine became a partner at Wolf Popper effective January 1, 2002.

Emily Madoff is a senior partner in Wolf Popper LLP. She is a graduate of Connecticut College (B.A., 1973), and Northeastern University School of Law (J.D., 1979). She is admitted to the Bars of the State of New York and the Commonwealth of Massachusetts and to the United States District Court for the Southern District of New York. Ms. Madoff became a partner in Wolf Popper in 1990. Ms. Madoff practices in the area of general corporate law, and has represented many international corporations including Aeroflot Russian Airlines and the Xinhua News Agency. Ms. Madoff also has represented several missions to the United States. In recent years, Ms. Madoff has applied her corporate expertise to consumer fraud and consumer financial services class action litigation. She has assisted in the prosecution of class actions against, for example, American Bankers Insurance Company, Equitable Companies, Inc., Chase Bank and General Motors.

Ms. Madoff is a frequent contributor to the New York Law Journal. Her articles published in that newspaper include: Arbitration Clauses Lethal to Class Actions, August 13, 2001; E-Mail’s Role in Hostile Work Environment, August 23, 1999; Freedom to Link Under Attack: Web Community Up in Arms Over Lawsuits, June 23, 1997; and Vendors Escape the "Tangled Web" of New York Forgery Laws, December 15, 1995.

Andrew E. Lencyk was graduated magna cum laude from Fordham College, New York, in 1988 with a B.A. in Economics and History. At Fordham, he was a member of the College's Honors Program, and was elected to Phi Beta Kappa. He is multi-lingual, speaking Ukrainian, French, Polish, and Russian. Mr. Lencyk received his J.D. from Fordham University School of Law in 1992, where he was a member of the Fordham Urban Law Journal. Following graduation he joined Wolf Popper LLP and has been practicing securities litigation for over ten years. Mr. Lencyk has co-authored, with Marian P. Rosner, the following articles for the Practicing Law Institute's Accountants' Liability Handbooks: "Liability in Forecast and Projection Engagements: Impact of Luce v. Edelstein"; "An Accountant's Duty to Disclose Internal Control Weaknesses"; "Whistle-blowing: An Accountants' Duty to Disclose A Client's Illegal Acts"; "Pleading Motions under the Private Securities Litigation Reform Act of 1995"; co-authored, with Stephen D. Oestreich, an article entitled, "Safe Harbor Provisions for Forward-Looking Statements," published by the Association of the Bar of the City of New York, Corporate & Securities Law Updates, Vol. II, May 12, 2000; and co-authored, with Marian P.

Rosner, an article entitled, "Discovery Issues in Cases Involving Auditors," appearing in the 2002 PLI Handbook on "Accountants' Liability After Enron." Cases in which Mr. Lencyk actively represented plaintiffs where Wolf Popper was lead, co-lead, or executive committee counsel include: • In re Community Psychiatric Centers Sec. Litig., SA CV-91-533-AHS (Eex) (C.D. Cal.) • McGann v. Ernst & Young , SA CV-93-0814-AHS (Eex) (C.D. Cal.) (total class recovery of $54.5 million against company and its outside auditors) • In re Danskin Sec. Litig., Master File No. 92 CIV. 8753 (JSM) (S.D.N.Y.) (class recovery of approximately $3 million) • In re JWP Sec. Litig. , Master File No. 92 Civ. 5815 (WCC) (S.D.N.Y.) (class recovery of approximately $36 million) • In re Porta Systems Sec. Litig., Master File No. 93 Civ. 1453 (TCP) (E.D.N.Y.) (class recovery of $3.25 million plus 1.1. million shares of common stock) • In re Leslie Fay Cos. Sec. Litig., No. 92 Civ. 8036 (S.D.N.Y.) ($35 million settlement) • Berke v. Presstek, Inc., Civ. No. 96-347-M (MDL Docket No. 1140) (D.N.H.) (class recovery of $22 million in stock) • In re Micro Focus Sec. Litig., No. C-01-01352-SBA-WDB (N.D. Cal.) ($4.25 million settlement) • (Dusek v. Mattel, Inc., et al., CV99-10864 MRP (C.D. Cal.)), which resulted in a $122 million global settlement, currently before the Court for approval.

Court decisions in which Mr. Lencyk played an active role on behalf of plaintiffs include:

• Dusek v. Mattel, Inc., et al., CV99-10864 MRP (C.D. Cal. Dec. 17, 2001) (denying defendants' motions to dismiss Section 14(a) complaint in their entirety) • In re Micro Focus Sec. Litig., Case No. C-00-20055 SW (N.D. Cal. Dec. 20, 2000) (denying motion to dismiss Section 11 complaint) • Zuckerman v. FoxMeyer Health Corp., 4 F. Supp. 2d 618 (N.D. Tex. 1998) (denying defendants' motion to dismiss in its entirety in one of the first cases decided in the Fifth Circuit under the Private Securities Litigation Reform Act of 1995) • In re U.S. Liquids Sec. Litig., Master File No. H-99-2785 (S.D. Tex. Jan. 23, 2001) (denying motion to dismiss Section 11 claims) • Sands Point Partners, L.P., et al. v. Pediatrix Medical Group, Inc., et al., Case No. 99-6181-CIV-Zloch (S.D. Fla. Jun. 6, 2000) (denying defendants' motion to dismiss in its entirety) • Berke v. Presstek, Inc., Civ. No. 96-347-M (MDL Docket No. 1140) (D.N.H. Mar. 30, 1999) (denying defendants' motion to dismiss) • Chalverus v. Pegasystems, Inc., 59 F. Supp. 2d 226 (D. Mass. 1999) (denying defendants' motion to dismiss) • Danis v. USN Communications, Inc., 73 F. Supp. 2d 923 (N.D. Ill. 1999) (denying defendants' motion to dismiss in case ultimately resulting in class recovery of $44.7 million)

• In re JWP Inc. Sec. Litig., 928 F. Supp. 1239 (S.D.N.Y. 1996) (denying defendants' motion for summary judgment) • In re Danskin Sec. Litig., Master File No. 92 CIV. 8753 (JSM) (S.D.N.Y. Feb. 23, 1994) (denying corporate and underwriter defendants' motions to dismiss in all respects) • In re UCAR International Inc., Sec. Litig., No. 3:98cv600 (JBA) (D. Conn.) (case settled for $40 million during pendency of defendants' motion to dismiss).

He is admitted to the Bar in Connecticut and New York. Mr. Lencyk became a partner at Wolf Popper effective January 1, 2003.

Michele Fried Raphael is a partner at Wolf Popper LLP. She is a graduate of Hofstra University School of Law (J.D. with distinction 1993) where she was a member of the Hofstra Law Review (1991-1993), a student member of the Theodore Roosevelt American Inn of Court, and an intern for the Honorable Judge George C. Pratt on the United States Court of Appeals for the Second Circuit. She holds a B.A. from the State University of New York at Binghamton (1990), where she was elected into Phi Beta Kappa. Following law school she joined Tenzer Greenblatt Fallon & Kaplan where she was involved in both litigation and corporate matters. Since joining Wolf Popper in 1995, Ms. Raphael has actively represented plaintiffs in consumer fraud class actions including Kahn v. Bell Atlantic NYNEX Mobile, Index No. 96/603445 (Supreme Court, New York County) (J. Kahn) (defendant terminated its practice of charging early termination fee after it unilaterally renewed cellular phone contracts) and Taylor v.

American Bankers Insurance Group, Inc., Index No. 96/602485 (Supreme Court, New York County) (J. Gammerman) (defendant to pay all class members’ claims in full and revise its solicitations). She recently secured a unanimous decision by the Appellate Division, First Department, reversing the lower court and upholding a class action complaint on behalf of credit cardholders alleging that they had not been properly advised of the fees incident to card ownership. Sims v. First Consumers Nat’l Bank, 758 N.Y.S.2d 284, 2003 N.Y. App. Div. LEXIS 3199 (1st Dep’t 2003).

Ms. Raphael has also represented plaintiffs in securities fraud class actions and derivative actions. She was one of the principal attorneys representing the class of investors in Buxbaum v.

Deutsche Bank, 98 Civ. 8460 (S.D.N.Y.) (JGK), a securities action arising from the merger of Bankers Trust and Deutsche Bank, wherein a $58 million recovery was obtained on the eve of trial, representing approximately 96% of the class’s most likely recovery. Other cases she was principally involved in include, Schnipper v. CompuServe Corp., 96 CV H08-5837 (JPB) (Court of Common Pleas, Franklin County, Ohio) (open market securities fraud action); In Re Triarc Companies, Inc. Class and Derivative Litigation, Consolidated C.A. No. 15746-NC (Court of Chancery in and for New Castle County, Delaware), (derivative and class claims arising from alleged improper executive compensation). Ms. Raphael is also actively involved in general commercial litigation and represents Aeroflot Russian Airline in a variety of matters. She is admitted to the New York State Bar, the New Jersey State Bar, and the Bar of the United States District Court, Southern and Eastern Districts of New York. Michael Adam Schwartz is a partner at Wolf Popper LLP. He is a 1988 graduate of Brooklyn College (City University of New York) where he received a B.S. cum laude in business management and finance. After graduating Brooklyn Law School in 1992, where he earned a Dean’s Merit Scholarship, he has specialized in securities and antitrust class action litigation and shareholder derivative litigation. In 1993, he was admitted to the bars of the State of New York and the United States District Court for the Southern District of New York, and in 1999, the United States Court of Appeals for the Third Circuit.

Mr. Schwartz’ accomplishments include Danis v. USN Communications, Inc. Et al., 98 C 7482 (SBC), a securities fraud class action brought against USN Communications, a start-up telecommunications company which went bankrupt within twelve months of its initial public offering. After years of contentious litigation in the United States District Court for the Northern District of Illinois and the United States Bankruptcy Court for the District of Delaware, Mr. Schwartz and his co-counsel were able to negotiate a $44.7 million settlement for the Class, which resulted in a cash payout to the Class of 36% of its provable damages.

Mr. Schwartz was counsel to the Seat Owners of the American Stock Exchange (the "AMEX") in connection with the 1999 merger of the National Association of Securities Dealers,

Inc. and the AMEX (Philipson v. American Stock Exchange,, et al., 99 Civ. 4219 (DC)). As a result of the settlement of the Philipson Action, the AMEX Seat Owners received a cash payout of $30.5 million and the right to participate in the profits of the AMEX over a ten year period. In approving the 2004 settlement of the Philipson Action, Judge Chin of the United States District Court for the Southern District of New York stated that, "The Settlement was negotiated with highly experienced, highly competent counsel on both sides." In In re Select Comfort Corp. Securities Litigation, Civil No. 99-884 (D. Minn.), Mr. Schwartz was co-lead counsel on behalf of a plaintiff class in an action arising out of an initial public offering of common stock. The settlement achieved in that action resulted in the Class receiving a cash payout of over 30% of its provable damages. Mr. Schwartz joined Wolf Popper LLP in 1998 and became a partner in 2003. He began his law career at Pomerantz Haudek Block & Grossman as an Associate specializing in securities and antitrust class action litigation and shareholder derivative litigation. James A. Harrod is an associate at Wolf Popper LLP. He received his J.D. from the George Washington University Law School. Mr. Harrod has interned at the National Whistleblower Center and worked in the Office of the General Counsel at the Pension Benefit Guaranty Corporation. A graduate of Skidmore College, Mr. Harrod earned a B.A. in Philosophy and Government.

Since joining Wolf Popper Mr. Harrod has focused on representing shareholders in securities litigation and corporate transactional litigation. He was actively involved in Wolf Popper's successful representation of the plaintiff class in Danis v. USN Communications, Inc., 98 C 7412 (N.D. Ill.), a federal securities class action which resulted in a $44.7 million settlement on behalf of the class of USN shareholders. Mr. Harrod is admitted to the bar of the State of New York and is admitted to practice in the United States District Courts for the Southern and Eastern Districts of New York. He is a

member of the New York State Bar Association, the American Bar Association and the Association of the Bar of the City of New York.

Ken H. Chang is an associate at Wolf Popper LLP. He graduated magna cum laude from Cornell University in 1997 and received an A.B. in Economics and Philosophy. Mr. Chang received his J.D. cum laude in 2000 from the University of Minnesota Law School, where he was a member of the International Law Moot Court and the Journal of Law and Inequality. He is admitted to the New York State Bar and the United States District Courts for the Southern and Eastern Districts of New York. Mr. Chang practices in the area of securities litigation.

Renee Karalian is an associate at Wolf Popper LLP. She is a graduate of Loyola Law School (J.D., 2001) and U.C.L.A, where she was an Alumni Scholar (B.A. in Political Science, 1998). Before joining Wolf Popper, Ms. Karalian was an attorney with Silva, Clasen & Raffalow in Los Angeles. Ms. Karalian is a member of the State Bar of New York and the State Bar of California. She is also admitted to the United States District Court for the Central District of California.

Caroline S. Curtiss is an associate at Wolf Popper LLP. She is a graduate of the University of Notre Dame Law School (J.D., 2002) and the University of Michigan (A.B., English Literature, 1999), where she was an Angell Scholar and participated in the university honors program. Before joining Wolf Popper LLP, Ms. Curtiss was an attorney at Hooper, Hathaway, Price, Beuche & Wallace in Ann Arbor, Michigan. Ms. Curtiss is a member of the State Bar of Michigan.

James Kelly-Kowlowitz is an associate at Wolf Popper. He is a graduate of Brooklyn Law School (J.D., summa cum laude, 2004), where he obtained various awards including a CALI Award for Excellence for receiving the highest grade in the course of Securities Regulation. Mr. Kelly-Kowlowitz graduated from the State University of New York at Binghamton (B.S., Accounting, 1999), where he was a member of Beta Alpha Psi, National Accounting Honor Society. Before attending law school, he worked as a Certified Public Accountant concentrating

in auditing and tax. During law school, Mr. Kelly-Kowlowitz interned for Judge Allan L. Gropper at the U.S. Bankruptcy Court, S.D.N.Y., and interned at the New York City Department of Finance, Office of Legal Affairs. Mr. Kelly-Kowlowitz is currently awaiting admission to the bar of the State of New York.

Stanley Nemser is a graduate of New York University (B.A., 1942) and the Harvard Law School (L.L.B., 1948). He was admitted to the Bar in 1948 and is a member of numerous federal district and appellate courts and of the United States Supreme Court. He has practiced pro hac vice before the Delaware Chan-cery Court for more than forty-five years. He is a member of the American Bar Association and the Bar Association of the City of New York. As a faculty member of the Practicing Law Insti-tute, he has lectured on stockholders' class and derivative actions. Stanley Nemser has had forty-seven years of experience in stockholders' class and derivative suits. He has acted as lead counsel in a host of important derivative and representative suits in Federal and State courts in locations throughout the nation, including the celebrated Texas Gulf Sulphur Co. insider trading litigation. He supervised the Wolf Popper team of attorneys in the celebrated Shell Oil Company class litigation in Delaware Chancery Court, and also in the Standard Oil/British Petroleum class litigation in the Court of Common Pleas in Ohio, in which Wolf Popper was Co-Lead Counsel, and which resulted, at the time, in the largest cash recoveries in the history of securities class actions.

He is presently a Co-Lead/Liason Counsel in the Boesky insider trading class litigation pending in Southern District of New York, and one of the Lead/Liason Counsel in the Securities Litigation class claims litigation and global settlement in the Drexel Chapter 11 reorganization as well as the Milken litigation and Global Class Settlement involving Michael Milken and his associates at Drexel also pending in the Southern District of New York in which recoveries have

been obtained exceeding $2,700,000,000. Also, in the Milken Global Class Settlement in that

litigation, the first Rule 23, F.R.C.P. worldwide class of security holders was certified by the Court after notice was given to class members throughout the world in addition to publications in newspapers worldwide. Marshall G. Bennett, after serving four elected terms as Treasurer of the State of Mississippi, joined the Wolf Popper Law Firm in New York on July 1, 2003. Mr. Bennett brings vast knowledge and experience of 16 years as the State’s chief financial officer, directly managing $10.5 billion in public funds and $3 billion of bonded indebtedness, as well, as Trustee and Board Chairman of the $17 billion Public Employees Retirement System. After graduating from the University of Mississippi School of Law in Oxford, Mississippi with a Juris Doctor degree, Marshall Bennett began a distinguished career in law and government. While in law school, Bennett served as Chairman of the Moot Court Board and a member of the Phi Kappa Phi legal honorary. He received his BA Degree from the University of Mississippi - Oxford, with a double major in history and political science. He was elected to the Student Hall of Fame and was selected for Omicron Delta Kappa honorary leadership fraternity. As a Commissioner Officer, Distinguished Military Graduate, Bennett served two years active duty with the US Army Military Intelligence Command (USAINTC), and 8 years in the US Army Reserve as a Captain in the Judge Advocate General’s Corps.

Bennett began his legal and public service career as Assistant District Attorney, prosecuting felony cases in the State’s capital city of Jackson and practiced law there with the firm of Peters, Royals and Bennett. He then served for seven years, as State Assistant Attorney General, Chief of The Consumer Fraud Division, and the Organized Crime and Public Integrity Unit. Bennett brought many cases to trial and successfully argued the case of first impression upholding the State’s consumer protection laws before The Mississippi Supreme Court. He filed antitrust actions to stop price fixing in the Ampicillin and Milk Dairy cases in the US District

Court as well as the General Motors/Oldsmobile engine switch cases resulting in a national settlement of millions of dollars to US consumers. Governor William Winter in 1980 tapped Bennett to serve as his first legislative assistant spearheading the reform of state government executive agencies and secondary education. Bennett was later appointed by the Governor to a six year term as the Chairman and Commissioner of the Worker’s Compensation Commission where Bennett eliminated a 1600 case backlog and instituted a statewide advisory council for workers comp reforms and improvements. He began the first of 20 annual workers compensation legal and educational seminars. During his terms as State Treasurer, Bennett helped establish and was director of the State Development Bank, the Mississippi Business Finance Corporation, the Mississippi Home Corporation, the State Bond Commission, and the State Economic Development Strategic Task Force. He set up the first Section 529 College Savings Plan for tax free contributions and use for higher education costs. He instituted the first, and now annual, Women’s Money Conference, the Bank at School Program and the Unclaimed Property Scam Jam, all to provide financial literacy programs for citizens of the state. These programs have been implemented now by most states across the nation. As a national leader in public policy initiatives, Mr. Bennett has served as President of The National Association of State Treasurers, The National Association of State Auditors,

Comptrollers and Treasurers, The National College Savings Network Association, the Southern State Treasurers Association, as well as on The Board of Directors of the National Unclaimed Property Administrators, the International Association of Industrial Accident Records and Commissions, the Council of State Governments and its Chair of Finance.

Mr. Bennett has authored many articles on financial responsibility and practices. He has given testimony before the US House Ways and Means Committee and The US Senate Finance Committee regarding legislation affecting the federal tax laws and tax exemptions for citizens, as well as state and local governments.

In recognition of his services to his nation, state and community, Marshall Bennett was given the nation’s most outstanding Treasurer Jesse Unruh Award in 1998, the NASACT Distinguished Service Award in 1999, the College Distinguished Service Award in 2002, the National Significant Sig Award in 2002, and The Distinguished American Award from The National Football All-American Foundation in 2003. He has taught at Mississippi College School of Law in Jackson for 2 years as Adjunct Professor. He is admitted to practice before the United States Supreme Court, the U.S. District Court - SDMS, the US Fifth Circuit Court of Appeals, The Mississippi Supreme Court and all State Trial Courts. He is a member of the Mississippi Bar. He continues to teach at The National Public Finance Institute at Northwestern University, Evanston, Illinois for 5 years. Mr. Bennett was born in Lexington, Mississippi and is the father of three children and resides in New York City and Jackson, Mississippi. He continues to be active in The National Society to Prevent Blindness, having served as Vice President of the National Board, and in the American Legion.

Stanley Singer born in New York, NY, April 4, 1919; admitted to bar, 1947, New York;

U.S. Court of Appeals, Second Circuit, U.S. District Court, Southern and Eastern Districts of

New York and U.S. Tax Court. Education: New York University (B.A., 1940); Columbia

University (LL.B., 1947). Member: The Association of the Bar of the City of New York

(Member, Committee on Trusts, Estates and Surrogates' Courts, 1983-1986); Consular Law

Society. PRACTICE: Trusts and Estates; Corporate Practice; Law of Foreign Missions;

Commercial Litigation; Real Estate.