The Authors Guild et al v. Google Inc.

Filing 944

DECLARATION of Michael J. Boni (w/Exhibits A-E) in Support re: 942 MOTION for Attorney Fees Notice of Motion and Motion for Approval of Attorneys' Fees and Reimbursement of Costs.. Document filed by Paul Dickson, Joseph Goulden, The Author's Guild, Herbert Mitgang, Betty Miles, Daniel Hoffman. (Attachments: # 1 Exhibit F -- Declaration of Sanford P. Dumain, # 2 Exhibit G -- Declaration of Robert J. LaRocca)(Boni, Michael)

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The Author's Guild et al v. Google Inc. Doc. 944 Dockets.Justia.com EXHIBIT A The Authors Guild, Inc., Association of American Publishers, Inc., et al. v. Google Inc. LODESTAR REPORT ALL FIRMS Reporting Period: Inception through February 5, 2010 Firm Name Boni & Zack LLC Kohn, Swift & Graf, P.C. Milberg LLP TOTAL Cumulative Hours 9778.75 4,718.80 4,519.00 19,016.55 Cumulative Lodestar $6,260,112.50 $2,073,625.00 $1,741,325.00 $10,075,062.50 EXHIBIT B The Authors Guild, Inc., Association of American Publishers, Inc., et al. v. Google Inc. EXPENSE REPORT ALL FIRMS Firm Name Boni & Zack LLC Kohn, Swift & Graf, P.C. Milberg LLP TOTAL EXPENSES Cumulative Total $151,700.37 $53,845.50 $7,964.80 $213,510.67 EXHIBIT C The Authors Guild, Inc., Association of American Publishers, Inc., et al. v. Google Inc. TIME REPORT BONI & ZACK LLC Reporting Period: Inception through February 5, 2010 Catagories: A B C D Pre-Filing Investigation Pleadings Briefs, Motions, Research Discovery E F G Court Appearances, Trial, Appeal Settlement Case Management & Strategy A B 6.50 189.50 149.25 39.75 11.75 9.25 266.50 2.25 79.75 C 46.50 D 20.00 E F G 4819.00 105.50 3317.50 8.50 366.25 LODESTAR NAME Michael J. Boni Joanne Zack Joshua D. Snyder Kate Reznick Theresa J. Henson Joanne Noble Michelle Wimberly Edmunds Brokans John Herron TOTALS 2.50 0.00 6.50 436.75 29.25 0.00 8851.25 116.50 *Status: P=Partner, A=Associate, PL=Paralegal, C=Contract Attorney Status* P P P A A C PL C C TOTAL HOURS 4997.50 3326.00 555.75 193.75 425.00 42.00 94.00 74.25 70.50 9778.75 HOURLY RATE $675.00 $675.00 $500.00 $300.00 $500.00 $450.00 $175.00 $400.00 $400.00 $3,373,312.50 $2,245,050.00 $277,875.00 $58,125.00 $212,500.00 $18,900.00 $16,450.00 $29,700.00 $28,200.00 $6,260,112.50 EXHIBIT D The Authors Guild, Inc., Association of American Publishers, Inc., et al. v. Google Inc. EXPENSE REPORT BONI & ZACK LLC Reporting Period: Inception through January 31, 2010 Expense Category Computer and Electronic Research Expert Witness and Consultant Fees Filing, Service, Transcript and Witness Fees Long Distance Telephone & Facsimile Photocopying (including commercial or internal copying) Postage & Overnight Delivery (FedEx, UPS) Travel, Food, and Lodging Miscellaneous TOTAL EXPENSES Amount $6,017.82 $86,511.16 -------$1,473.02 $11,281.94 $548.22 $44,742.66 $1,125.55 $151,700.37 Exhibit E BONI & ZACK LLC Firm Resume Boni & Zack LLC is a law firm in Bala Cynwyd, Pennsylvania, founded in March 2007. Boni & Zack focuses on class action and complex litigation under antitrust, intellectual property, consumer and securities laws. Boni & Zack currently serves as lead counsel or on plaintiffs' Executive Committee in the following cases: In re Freelance Works in Literary Databases Copyright Litig., MDL No. 1379 (S.D.N.Y.); The Authors Guild, et al. v. Google Inc., No. 05-CV-8136 (S.D.N.Y.); In re Yahoo Litig., No. 06-2737-CAS (C.D. Cal.); and In re Payment Card Interchange Fee & Merchant Discount Antitrust Litig., MDL No. 1720. In addition, Boni & Zack is currently representing plaintiffs in the following actions: In re Pressure Sensitive Labelstock Antitrust Litig., MDL No. 1556 (M.D. Pa.); In re Chocolate Confectionary Antitrust Litig., MDL No. 1935 (M.D. Pa.); In re Replacement Filter Antitrust Litig., MDL 1957 (D. Conn.); In re Flat Glass Antitrust Litig., MDL No. 1942 (W.D. Pa.); In re Packaged Ice Antitrust Litig., MDL No. 1952 (E.D. Mich.); In re Rail Freight Fuel Surcharge Antitrust Litig., MDL No. 1869 (D.D.C.); In re Fasteners Antitrust Litig., MDL No. 1912 (E.D. Pa.); In re Urethane Antitrust Litig. (Polyether Polyols), MDL No. 1616 (D. Kan.); In re Refrigerant Compressors Antitrust Litig., MDL No. 2042 (E.D. Mich.); In re Blood Reagents Antitrust Litig., MDL No. 2081; In re Prefilled Propane Tank Marketing & Sales Practices Litig., MDL No. 2086; In re Chase Bank USA, N.A., "Check Loan" Contract Litig, MDL No. 2032 (N.D. Cal.); In re Wellbutrin XL Antitrust Litig., 08-CV-2433 (E.D. Pa.); Standard Iron Works v. Arcelormittal, et al., 08-CV-5214 (N.D. Ill.); In re Puerto Rican Cabotage Antitrust Litig., MDL No. 1960 (D.P.R.). Michael J. Boni founded Boni & Zack LLC in March 2007 after practicing complex commercial litigation for nearly 20 years. He specializes in antitrust, copyright, consumer, shareholder and class action litigation. Mr. Boni graduated from the University of Pennsylvania School of Law, received an M.A. degree in psychology from the University of Connecticut, and received an A.B. degree from Albright College. Mr. Boni is admitted to practice in Pennsylvania, the Supreme Court of the United States, the United States Courts of Appeals for the Second, Third, Sixth and Ninth Circuits, and the United States District Courts for the Eastern District of Pennsylvania, Northern District of California and Eastern District of Michigan. Mr. Boni has served as lead counsel in a number of complex matters, including The Authors Guild, et al. v. Google Inc., No. 05-CV-8136-JES (S.D.N.Y.) (copyright infringement class action settlement pending concerning the Google Book Search program); In re Literary Works in Electronic Databases Copyright Litig., MDL No. 1379 (S.D.N.Y.) (copyright class action settlement approved and on appeal); Random House, Inc. v. Rosetta Books, LLC, et al., No. 01-Civ-1728 (S.D.N.Y.) (successful defense against copyright infringement claims brought by Random House against e-book publisher Rosetta Books); In re Pillar Point Partners Antitrust and Patent Litig., MDL No. 1202 (D. Ariz.) (antitrust class action settlement); In re Western States Wholesale Natural Gas Antitrust Litig., MDL No. 1566 (D. Nev.) (antitrust class action settlement); Mikhail, et al. v. Toshiba America Information Systems, Inc., No. BC 278163 (Superior Ct. Cal.) (consumer class action settlement); Anderson v. Toshiba America Information Systems, Inc., BC 299977 (Cal. Sup. Ct., L.A. County) (consumer class action settled); In re Yahoo! Litig., CV06-2737-CAS (C.D. Cal.) (class action settlement approved on behalf of Yahoo's advertising customers for alleged unfair business practices); Next Proteins International v. Radonsky, et al., No. BC 304799 (Superior Ct. Cal.) (consumer class action settled); In re RF Tags Antitrust Litig., No. 02-CV-3730 (D.N.J.) (antitrust class action settlement); Pilkington, et al. v. U.S.Search.com, No. BC 234858 (Superior Ct. Cal.) (consumer class action settlement); True Communication, Inc., d/b/a Metrodate.com v. The Gator Corporation, No. CIV 430620 (Superior Ct. Cal.) (unfair competition class action settled); Miller v. Pep Boys, Inc., et al., No. 0201-41489 (C.C.P. Phila. Cy.) (consumer class action settled); Kleeman v. Verizon Communications Inc., et al. (consumer class action settled); In re Rio Hair Naturalizer Products Liability Litig., MDL No. 1055 (E.D. Mich.) (product liability class action settlement); In re AMC Shareholder Derivative Litig., No. 12855 (Del. Chancery) (settlement); Winigrad v. Franklin Electronics, (Superior Ct. N.J.) (consumer class action settled); Pacillo v. Philips Electronics, (Superior Ct. N.J.) (consumer class action settled). In its opinion granting final settlement approval in Rio, the court stated that "the work of [lead counsel] and the manner in which they conducted themselves exhibited the very highest level of professionalism and competence in our legal system." 1996 U.S. Dist. LEXIS 20440, *57 (E.D. Mich. December 20, 1996). Mr. Boni recently served on the Executive Committee in In re OSB Antitrust Litig., Master File No. 06-CV-00826 (E.D. Pa.) (antitrust class action settlement), and on Plaintiff's Executive Committee in In re Sovereign Bancorp, Inc. Shareholders Litig., Nov. Term 2008, Case 2587 (Phila. C.C.P.) (shareholder class and derivative action settlement pending approval). He presently serves on the Executive Committee of In re Payment Card Interchange Fee & Merchant Discount Antitrust Litig., No. 05-md-1720 (E.D.N.Y.) In addition, Mr. Boni has played an integral role in the presentation of other complex matters, including: In re Relafen Antitrust Litig., Master File No. 01-12239 (D. Mass.) (antitrust class action settlement); In re Disposable Contact Lens Antitrust Litig., MDL Docket No. 1030 (M.D. Fla.) (antitrust class action settlement); Schwab v. America Online, Inc., No. 96 CH 13732 (Cook County, Ill.) (consumer class action settlement); In re Intelligent Electronics, Inc. Securities Litig., Master File No. 92-CV-1905 (E.D. Pa.) (securities class action settlement); In re Lockheed Securities Litig., Master File No. CV89-6745-TJH (Bx) (C.D. Ca.) (securities class action settlement); In re Orion Securities Litig., Civil Action No. 91-3304 DT (JRx) (E.D.N.Y.); In re Budd Pension 2 Plan Litig., Master File No. 91-4082 (E.D. Pa.) (ERISA class action settled); In re Toys "R" Us Antitrust Litig., MDL Docket No. 1211 (E.D.N.Y.) (antitrust class action settlement); First Eastern Corporation, et al. v. Mainwaring, et al., Civil Action No. 92CV-1176 (RLB) (E.D. Pa.). Mr. Boni was named one of Pennsylvania's "Super Lawyers" in 2005, 2006, 2007, 2008, 2009 and 2010. Mr. Boni is a past Chair of the Board of Directors of the Anti-Defamation League (Metropolitan Philadelphia Board), and is a member of the Board of Directors of Community Legal Services in Philadelphia and serves on that Board's Leadership Council. Joanne Zack represents clients in complex litigation in a variety of areas, including antitrust, copyright, ERISA, securities, breach of contract, and breach of fiduciary duty. She has tried cases and argued appeals in both federal and state court. Ms. Zack was a shareholder at Kohn, Swift and Graf from 1988 to 2004, and was associated with Cleary, Gottlieb, Steen and Hamilton in New York from 1981 to 1986. She also served as Law Clerk to the Honorable Charles L. Brieant of the United States District Court for the Southern District of New York. She graduated from Carleton College and N.Y.U. Law School, where she was elected to Order of the Coif and served as Research Editor of the Law Review. Ms. Zack is admitted to practice in the courts of Pennsylvania and New York, the Second, Third and Federal Circuit Courts of Appeals, the Eastern District of Pennsylvania, and the Southern and Eastern Districts of New York. She has served on the boards and executive committees of Community Legal Services of Philadelphia and Philadelphia VIP, and as a sponsor in Philadelphia Futures Sponsor a Scholar program. In 2001, she received the Champion of Justice Award from CLS. Representative cases include: The Authors Guild, et al. v. Google, Inc. (S.D.N.Y.) (copyright class action challenging Google's digitization of books); In re OSB Antitrust Litig., 2007 U.S. Dist. LEXIS 56584 (E.D. Pa. 2007)(price-fixing class action in the paper industry); In re Linerboard Antitrust, 305 F.3d 145 (3d Cir. 2002) and 203 F.R.D. 199 (E.D. Pa. 2001)(output restriction class action involving corrugated containers); Rossi v. Standard Roofing, Inc., 156 F.3d 452 (3d Cir. 1998)(refusal to deal in the roofing industry); Tabas v. Tabas, 47 F.3d 1280 (3d Cir. 1995)(alleged civil RICO); Alvord-Polk, Inc. v. F. Schumacher & Co., 37 F.3d 996 (3d Cir. 1994)(refusal to deal in the wallpaper industry); Parkway Garage, Inc. v. City of Philadelphia, 5 F.3d 685 (3d Cir. 1993)(City's violation of civil rights through abuse of police power); Gulfstream III Associates, Inc. v. Gulfstream Aerospace Corp., 995 F.2d 414 and 425 (3d Cir. 1993) (price fixing in the business jet industry); Breard v. Sachnoff & Weaver, Ltd., 941 F.2d 142 (2d Cir. 1991)(securities fraud tax shelter); Ellis National Bank of Jacksonville v. Irving Trust Co., 786 F.2d 466 (2d Cir. 1986)(ERISA action); In re Assicurazioni Generali S.P.A. Holocaust Insurance Litig., 228 F. Supp. 2d 348 (S.D.N.Y. 2002)(class action against life 3 insurers for breach of contract); Random House, Inc. v. Rosetta Books, LLC, 150 F. Supp. 2d 613 (S.D.N.Y. 2001), aff'd, 283 F.3d 490 (2d Cir. 2002) (alleged copyright violation); Milandco Ltd., Inc. v. Washington Capital Corp., 2001 U.S. Dist. LEXIS (E.D. Pa. 2001)(alleged breach of contract for real estate); Borkon v. Saidel, 1995 U.S. Dist. LEXIS 11707 (E.D. Pa. 1995)(alleged securities fraud); Goldberg v. Hankin, 835 F. Supp. 815 (E.D. Pa. 1993)(alleged securities fraud); Schutte v. Maleski, et al., 1993 U.S. Dist. Lexis 8332 (E.D. Pa. 1993) and 1993 U.S. Dist. Lexis 6980 (E.D. Pa. 1993) (ERISA class action); Bloch v. SmithKline Beckman Corp., 1988 U.S. Dist. LEXIS 12397 (E.D. Pa. 1988)(monopolization in the pharmaceutical industry); Rosefielde v. Falcon Jet Corp., 701 F. Supp. 1053 (D. N.J. 1988)(price fixing in the business jet industry); EGW Partners, L.P. v. Prudential Insurance Co., 2003 Phila. Ct. Com. Pl. Lexis 29 (Commerce 2003)(breach of contract and misrepresentation); Desert Equities v. Morgan Stanley Leveraged Equity Fund, 624 A.2d 1199 (Del. Supreme 1993)(breach of contract). Joshua D. Snyder has been with Boni & Zack LLC since it opened in 2007 and became a partner in 2008. His practice focuses on complex litigation, including antitrust, consumer protection, copyright, ERISA, and securities class actions. Mr. Snyder is participating or has participated in the following cases, among others: The Authors Guild, et al. v. Google Inc., No. 05-CV-8136 (S.D.N.Y.); In re Automotive Refinishing Paint Antitrust Litig., MDL Docket No. 1426 (E.D. Pa.); In re Freelance Works in Literary Databases Copyright Litig., MDL No. 1379 (S.D.N.Y.); In re OSB Antitrust Litig., Civ. A. No. 06-0826 (E.D. Pa.); In re Urethane Antitrust Litig. (Polyether Polyols), MDL No. 1616 (D. Kan.); In re Payment Card Interchange Fee & Merchant Discount Antitrust Litig., No. 05-md-1720 (E.D.N.Y.); In re Rail Freight Fuel Surcharge Antitrust Litig., MDL No. 1869 (D.D.C.); In re Refrigerant Compressors Antitrust Litig., MDL No. 2042 (E.D. Mich.); In re Sovereign Bancorp Inc. Shareholders Litig., Nov. Term, 2008, No. 2587 (Phila. Cty. Ct. Common Pleas); Webster v. Hercules, Inc., Civ. A. No. 05-6404 (E.D. Pa.); In re Western States Wholesale Natural Gas Antitrust Litig., MDL No. 1566 (D. Nev.); and In re Yahoo! Litig., No. 06-2737 (C.D. Cal). Prior to joining Boni & Zack, Mr. Snyder was an associate with Kohn, Swift & Graf, P.C., where his practice also focused on complex litigation. Following law school, he served as a law clerk to the Honorable Berle M. Schiller of the United States District Court for the Eastern District of Pennsylvania and to the Honorable Thomas L. Ambro of the United States Court of Appeals for the Third Circuit. Mr. Snyder is a graduate of the Pennsylvania State University (B.A., History, B.A. Philosophy 1998) and the Harvard Law School (J.D. 2001), where he was a member of the Harvard Legal Aid Bureau. He has handled a variety of pro bono matters. Mr. Snyder was named one of Pennsylvania's "Super Lawyers Rising Stars" in 2008 and 2010. 4 Theresa J. Henson joined Boni & Zack LLC in January 2008. She was formerly associated with Meredith Cohen Greenfogel & Skirnick, PC of Philadelphia, where she practiced in the areas of antitrust, securities fraud, ERISA and other complex litigation. Ms. Henson is participating or has participated in the following cases, among others: In re Rail Freight Fuel Surcharge Antitrust Litig., MDL No. 1869 (D.D.C.); In re Western States Wholesale Natural Gas Antitrust Litig., MDL No. 1566 (D. Nev.); In Re Payment Card Interchange Fee & Merchant Discount Antitrust Litig., MDL No. 1720 (E.D.N.Y.); In re NASDAQ Market-Makers Antitrust Litig., MDL No. 1023 (S.D.N.Y.)(antitrust class action settled); In re AOL Time Warner, Inc. Securities and ERISA Litig., MDL No. 1500 (S.D.N.Y.) (securities class action settled); In re Dynamic Random Assess Memory (DRAM) Antitrust Litig., No.M-02-1486 PJH (N.D. Cal.); In re K-Dur Antitrust Litig., MDL No. 1419 (D. N.J.); In re X-Ray Film Antitrust Litig., No. CV 93 5904 (CPS) (E.D.N.Y.); In re Commercial Tissue Antitrust Litig., MDL No. 1189 (N.D. Fla.); In re Industrial Silicon Antitrust Litig., 95-2104 (W.D. Pa.); In re Tobacco Antitrust Litig., MDL No. 1342; In re High Pressure Laminates Antitrust Litig., MDL No. 11368 (CLB); In re Sulfuric Acid Antitrust Litig., MDL No. 1536; In re Carbon Fibers Antitrust Litig., CV-99-07796-FMC (RNBx); In re Insurance Brokerage Antitrust Litig., MDL No.1663 (D. N.J.); In re Flat Glass Antitrust Litig., MDL No. 1200 (W.D. Pa.); and In re Urethane Antitrust Litig. (Polyether Polyols), MDL No. 1616 (D. Kan.). Ms. Henson is a graduate of St. Joseph's University and Widener University School of Law. She is admitted to practice in the Pennsylvania and New Jersey Courts and the United States District Courts for the Eastern District of Pennsylvania and the District of New Jersey. 5