Rupa Marya v. Warner Chappell Music Inc

Filing 27

DECLARATION of Betsy C. Manifold in support of MOTION for Appointment of Counsel Wolf Haldenstein as Interim Lead Class Counsel 26 filed by Plaintiff Rupa Marya. (Attachments: # 1 Exhibit A, # 2 Declaration of Service)(Rickert, Rachele)

V’/oLF HALDENSTEIN ADLER IREEMAN & HERZ LLP
PROVIDING EXEMPLARY LEGAL SERVICE SINCE

1888

flRM RESUME

Exhibit A
3

& HERz LLP

WOLF HALDENsTEN ADLER FREEMAN

Founded in 1888, Wolf Haldenstein Adler Freeman & Herz LLP is a full service law
firm specializing in complex litigation in federal and state courts nationwide. The firm
practice groups include pension/benefits, corporate/tax, real estate, trusts and estates,
healthcare, bankruptcy, limited partnerships, and civil and commercial litigation. The
Firm has a particular specialty in complex class action litigation including consumer,
antitrust, shareholder, ERISA litigation, and biotechnology under both federal and
state law.
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Wolf Haldenstein’s total practice approach distinguishes it from other firms. Our
longstanding tradition of a close attorney/client relationship ensures that each one of
our clients receives prompt, individual attention and does not become lost in an
institutional bureaucracy. Our team approach is at the very heart of Wolf Haldenstein’s
practice. All of our lawyers are readily available to all of our clients and to each other.
The result of this approach is that we provide our clients with an efficient legal team
having the broad perspective, expertise and experience required for any matter at hand.
We are thus able to provide our clients with cost effective and thorough counsel focused
on our clients’ overall goals.

270 MADISON AVENUE
NEW YORK, NY 10016
TELEPHONE: [phone]
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SYMPHONY TOWERS

55 WEST MONROE STREET

750 B STREET, SUITE 2770
SAN DIEGO, CA 92101
TELEPHONE: 6I92394599
TELEcoPER: 6I92344599

SUITE
I
CHICAGO, IL 60603
TELEPHoNE: [phone]OO0
TELEcoPER: 31 29840001

Exhibit A

2

\iV0LF HALDENSTEN ADLER FREEMAN & HERZ LLP
PRovIDING
EXEMPLARY LEGAL SERvICE SINCE

888

Wolf Haldenstein has been recognized by state and federal courts throughout the
country as being highly experienced in complex litigation, particularly with respect to
securities, consumer, ERISA, FLSA and state overtime and expense deductions, and
antitrust class actions and shareholder rights litigation.
Among its colleagues in the plaintiffs’ bar, as well as among its adversaries in the
defense bar, Wolf Haldenstein is known for the high ability of its attorneys, and the
exceptionally high quality of its written and oral advocacy on behalf of class action
clients.
The nature of the Firm’s activities in both individual and representative litigation is
extremely broad. In addition to a large case load of securities fraud and other investor
class actions, Wolf Haldenstein has represented classes of corn and rice farmers in
connection with the devaluation of their crops; contact lens purchasers for contact lens
manufacturers’ violations of the antitrust laws; merchants compelled to accept certain
types of debit cards; insurance policyholders for insurance companies’ deceptive sales
practices; victims of unlawful strip searches under the civil rights laws; and various
cases involving violations of Internet users’ on-line privacy rights.
The Firm’s experience in class action securities litigation, in particular public
shareholder rights under state law and securities fraud claims arising under the federal
securities laws and regulations, including the Private Securities Litigation Reform Act of
1995 (“PSLRA”), is particularly extensive. The Firm was one of the lead or other
primary counsel in securities class action cases that have recouped billions of dollars on
behalf of investor classes, in stockholder rights class actions that have resulted in
billions of dollars in increased merger consideration to shareholder classes, and in
derivative litigation that has recovered billions of dollars for corporations.
Its pioneering efforts in difficult or unusual areas of securities or investor protection
laws include: groundbreaking claims that have been successfully brought under the
Investment Company Act of 1940 regarding fiduciary responsibilities of investment
companies and their advisors toward their shareholders; claims under ERISA involving
fiduciary duties of ERISA trustees who are also insiders in possession of adverse
information regarding their fund’s primary stockholdings; the fiduciary duties of the
directors of Delaware corporations in connection with change of control transactions;
the early application of the fraud-on-the-market theory to claims against public
accounting firms in connection with their audits of publicly traded corporations; and
the application of federal securities class certification standards to state law claims often
thought to be beyond the reach of class action treatment.

Exhibit A
5

3

IVoLF HALDENSTEN ADLER FREEMAN & HERZ LLP
PRovDNG EXEMPLARY

LEGAL SERvcE SNcE

888

The Class Action Litigation Group consists of 36 attorneys and 8 paraprofessional
assistants. Brief resumes of these attorneys begin on page 26.
Also included are the resumes of attorneys from other areas of the Firm’s practice who
routinely lend their expertise to the Firm’s class action litigators in the areas of tax,
bankruptcy, corporate, trusts, labor, and ERISA law. The ability to call upon the
internal expertise of practitioners in such varied areas of the law greatly enhances the
strength and efficiency of the Firm’s representative litigation practice and, indeed,
makes Wolf Haldenstein unique among national firms specializing in class action
litigation.
JuDcAL COMMENDAnONS

Wolf Haldenstein has repeatedly received favorable judicial recognition. The following
representative judicial comments over the past decade indicate the high regard in which
the Firm is held:
In re Empire State Realty Trust, Inc. Investor Litig., No. 650607/2012 (Sup. Ct.
N.Y. Co.) On May 2, 2013, Justice 0. Peter Sherwood praised the Firm in its
role as chair of the committee of co-lead counsel as follows: “It is apparent to
me, having presided over this case, that class counsel has performed in an
excellent manner, and you have represented your clients quite well. You
should be complimented for that.”
In awarding attorneys’ fees, the
Court stated that the fee was “intended to reward class counsel handsomely
for the very good result achieved for the Class, assumption of the high risk of
Plaintiffs prevailing and the efficiency of effort that resulted in the settlement
of the case at an early stage without protracted motion practice.” May 17, 2013
slip. op. at 5 (citations omitted).
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•

Roberts v. Tishman Speyer, 13 N.Y.3d 270 (N.Y. 2009) On April 9, 2013, Justice
Richard B. Lowe III praised the Firm’s efforts as follows: “[Wjhen you have
challenging cases, the one thing you like to ask for is that the legal
representation on both sides rise to that level. Because when you have lawyers
who are professionals, who are confident, who are experienced, each of you
know that each side has a job to do [. . . .] I want to tell you that I am very
satisfied with your performance and with your, quite frankly, tenacity on both
sides. And it took six years, but look at the history of the litigation. There were
two appeals all of the way to the Court of Appeals [. . . .1 And then look at the
results. I mean, there are dissents in the Court of Appeals, so that shows you
the complexity of the issues that were presented in this litigation [. . . .1 [lIt
shows you effort that went into this and the professionalism that was
exhibited [... .1 So let me just again express my appreciation to both sides.”
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Exnibit A
6

WOLF HALDENSTEN ADLER FREEMAN & HERZ LLP
PRoVDNG EXEMPLARY LEGAL SERvIcE SINcE

888

•

K.J. Egleston L.P. v. Heartland Industrial Partners, et aL, 2:06-13555 (ED. Mich.)
where the Firm was Lead Counsel, Judge Rosen, at the June 7, 2010 final
approval hearing, praised the Firm for doing “an outstanding job of
representing [its] clients,” and further commented that “the conduct of all
counsel in this case and the result they have achieved for all of the parties
confirms that they deserve the national recognition they enjoy.”

•

Klein, et al. v. Ryan Beck Holdings, Inc., et aL, 06-cv-3460 (DAB) (S.D.N.Y.)
where the Firm was Lead Counsel, Judge Deborah A. Batts described the
Firm’s successful establishment of a settlement fund as follows: “[aJ miracle
that there is a settlement fund at all.” Judge Batts continued: “As I said earlier,
there is no question that the litigation is complex and of a large and, if you
will, pioneering magnitude...” (Emphasis added).

•

Parker Friedland v. Iridium World Communications, Ltd., 99-1002 (D.D.C.) where
the Firm was co-lead counsel, Judge Laughrey said (on October 16, 2008), “[a]ll
of the attorneys in this case have done an outstanding job, and I really
appreciate the quality of work that we had in our chambers as a result of this
case.”

•

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

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.

•

.

.

In re Comdisco Sec. Litigation, 01 C 2110 (N.D. Ill. July 14, 2005) Judge Milton
Shadur observed: “It has to be said. that the efforts that have been extended
[by Wolf Haldensteinj on behalf of the plaintiff class in the face of these
obstacles have been exemplary. And in my view [Wolf Haldenstein] reflected
the kind of professionalism that the critics of class actions. are never willing
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.

.

.

.

Exhibit A
WOLF HALDENSTEN ADLER FREEMAN & HERZ LLP
PRovDNG EXEMPLARY LEGAL SERvIcE NCE

888

to recognize.
I really cannot speak too highly of the services rendered by
class counsel in an extraordinary difficult situation.”
.

•

.

.

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

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RECENT NoTEwoRTHY RESULTS

Wolf Haldenstein’s performance in representative litigation has repeatedly resulted in
favorable results for its clients. The Firm has helped recover almost seven billion
dollars on behalf of its clients in the cases listed below. Recent examples include the
following:
•

In re Genetically Modified Rice Litigation, MDL 1811 (ED. Mo.)
Wolf
Haldenstein represented U.S. rice farmers in this landmark action against Bayer
A.G. and its global affiliates, achieving a global recovery of $750 million. The
case arose from the contamination of the nation’s long grain rice crop by
Bayer’s experimental and unapproved genetically modified Liberty Link rice.

•

Roberts v. Tishman Speyer, 13 N.Y.3d 270 (N.Y. 2009) a class action brought on
behalf of over 27,500 current and former tenants of New York City’s iconic
Stuyvesant Town and Peter Cooper Village housing complexes. On April 9,
2013, Justice Richard B. Lowe III of the New York Supreme Court finally
approved settlement of the action, which totals over $173 million, sets aside
$68.75 million in damages, re-regulates the apartments at issue, and sets
preferential rents for the units that will save tenants significant monies in the
future. The settlement also enables the tenants to retain an estimated $105
million in rent savings they enjoyed between 2009 and 2012. The settlement is
by many magnitudes the largest tenant settlement in United States history.

•

In re Empire State Realty Trust, Inc. Investor Litig., Index No. 650607/2012 The
firm served as Chair of the Executive Committee of Co-Lead Counsel for the
Plaintiffs in a class action settlement finally approved on May 2, 2013 that
provides for the establishment of a $55 million settlement fund for investors, in
addition to substantial tax deferral benefits estimated to be in excess of $100
million.

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Exhibit A
8

6

WoLF HALDENSTEtN ADLER FREEMAN & HERZ LLP
PROVDNG EXEMPLARY
LEGAL SERvIcE SINCE

888

•

American International Group Consolidated Derivative Litigation, Civil Action No.
769-VCS (Del. Ch.) The Firm acted as co-lead counsel and the settlement
addressed claims alleging that the D&O Defendants breached their fiduciary
duties to the Company and otherwise committed wrongdoing to the detriment
of AIG in connection with various allegedly fraudulent schemes during the
1999-2005 time period.

•

In re Bank of America Corp. Securities, Derivative, and Employee Retirement Income
Security Act (ERISA) Litigation, Master File No. 09 MD 2058 (S.D.N.Y.) (firm was
co-lead counsel in parallel derivative action pending in Delaware (In Re Bank of
America Stockholder Derivative Litigation, CA. No. 4307-CS (Del. Ch.)) (increase
of settlement cash recovery from $20 million to $62.5 million).

•

The Investment Committee of the Manhattan and Bronx Service Transit Operating
Authority Pension Plan v. JPMorgan Chase Bank, N.A., 1:09-cv-04408-SAS
(S.D.N.Y.) (class recovered $150 million).

•

In re Tremont Sec. Law, State Law and Insurance Litig., No. 08-civ-11117 (TPG)
(SDNY) (class recovered $100 million). The firm was court-appointed co-lead
counsel in the Insurance Action, 08 Civ. 557, and represented a class of persons
who purchased or otherwise acquired Variable Universal Life (“VUL”)
insurance policies or Deferred Variable Annuity (“DVA”) policies issued by
Tremont International Insurance Limited or Argus International Life Bermuda
Limited from May 10, 1994 December 11, 2008 to the extent the investment
accounts of those policies were exposed to the massive Ponzi scheme
orchestrated by Bernard L. Madoff through one or more Rye funds.
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•

In re Initial Public Offering Securities Litigation, 21 MC 92 (SAS) (S.D.N.Y.) (class
recovered $586 million). Wolf Haldenstein served as Co-Lead Counsel of one
of the largest securities fraud cases in history. Despite the United States Court
of Appeals for the Second Circuit’s decision to vacate the district court’s class
certification decision, on remand, counsel for plaintiffs were able to press on to
a settlement on April 1, 2009, ultimately recovering in excess of a half-billion
dollars.

Exhibit A
WOLF HALDENSTEN ADLER FREEMAN & HERZ LLP
PRovDNG EXEMPLARY LEGAL SERvcE SNcE

888

Wolf Haldenstein is a leader in the class and derivative action litigation field and is
currently or has been the court-appointed lead counsel, co-lead counsel, or executive
committee member in some of the largest and most significant class action and
derivative action lawsuits in the United States. For example, the class action Roberts v.
Tishman Speyer, 13 N.Y.3d 270 (N.Y. 2009) was recently described by a sitting member of
the U.S. House of Representatives as the greatest legal victory for tenants in her lifetime.
In Roberts, the Firm obtained a victory in the New York Court of Appeals requiring the
reregulation of thousands of apartment units in the Stuyvesant Town complex in
Manhattan, New York. Many of the firm’s other successful results are summarized
within.
PRIVATE ACTIONS FOR NSTTUTIONAL INVESTORS

In addition to its vast class action practice, the Firm also regularly represents
institutional clients such as public funds, investment funds, limited partnerships, and
qualified institutional buyers in private actions. The Firm has represented institutional
clients in non-class federal and state actions concerning a variety of matters, including
private placements, disputes with investment advisors, and disputes with corporate
management.
The Firm has also acted as special counsel to investors’ committees in efforts to assert
and advance the investors’ interests without resorting to litigation. For example, the
Firm served as Counsel to the Courtyard by Marriott Limited Partners Committee for
several years in its dealings with Host Marriott Corporation, and as Special Counsel to
the Windsor Park Properties 7 and 8 limited partners to insure the fairness of their
liquidation transactions.
ANTITRUST LITIGATION

Wolf Haldenstein is a leader in the field of antitrust and competition litigation. The
Firm actively seeks to enforce the federal and state antitrust laws to protect and
strengthen the rights and claims of businesses, organizations, Taft-Hartley funds, and
consumers throughout the United States. To that end, Wolf Haldenstein commences
large, often complex, antitrust and trade regulation class actions and other cases that
target some of the most powerful and well-funded corporate interests in the world.
Many of these interests exert strong influence over enforcement policy that is in the
hands of elected officials, so that private enforcement provides the only true assurance
that unfair and anticompetitive condtjLduly scrutinized for compliance with

10

WOLF HALDENSTEtN ADLER FREEMAN & HERZ LLP
PRovDNG EXEMPLARY LEGAL SERVCE

SNcE

B8

the law. These cases frequently bring to light concealed, unlawful behavior such as
price fixing, monopolization, market allocation, monopoly leveraging, essential
facilities, tying arrangements, vertical restraints, exclusive dealing, and refusals to deal.
Wolf Haldenstein’s Antitrust Practice Group has successfully prosecuted numerous
antitrust cases and aggressively advocates remedies and restitution for businesses and
investors wronged by violations of the antitrust laws. For example, in In re DRAM
Antitrust Litigation, No, 02-cv-1486 (PJH) (N.D. Cal.) the firm successfully prosecuted an
antitrust case resulting in a $315 million recovery. Many of the firm’s successful results
are summarized within.
Wolf Haldenstein attorneys currently serve as lead counsel, co-lead counsel, or as
executive committee members in some of the largest and most significant antitrust class
action lawsuits.

Wolf Haldenstein is a leader in biotechnology and agricultural litigation. The firm has
represented U.S. row crop farmers and others harmed by crop supply contamination,
price fixing of genetically-modified crop seeds, and false claims and representations
relating to purportedly “organic” products. The firm has prosecuted actions in these
fields against domestic and international biotechnology and crop science companies
under the federal and state antitrust laws, consumer protection and deceptive trade
practice statues, and the common law. As a leader in this field, Wolf Haldenstein
pioneered approaches now commonly used in these types of cases, including the use of
futures-based efficient market analyses to fashion damages models relating to the
underlying commodity crops. The firm has served or is currently serving as lead or co
lead counsel in some of the most significant biotechnology and agricultural class actions
pending or litigated in the United States. For example, in In re Genetically Modified Rice
Litigation, MDL 1811 (ED. Mo.) the firm prosecuted a multidistrict product liability
litigation brought on behalf of United States long-grain rice producers that ultimately
settled in July 2011 for $750 million. Many of the firm’s other successful results are
summarized within.
OVERTIME AND COMPENSATION CLASS ACTIONS

Wolf Haldenstein is a leader in the field of class action litigation on behalf of employees
who have not been paid overtime or other compensation they are entitled to receive, or
have had improper deductions taken from their compensation. These claims for
violations of the federal Fair Labor Standards Act and state labor laws allege improper
failure to pay overtime and other wages, and improper deductions from compensation
for various company expenses. Wolf Haldenstein has served as lead or co-lead counsel,

Exhibit A
11

vV0LF HALDENSTEN ADLER FREEMAN & HERZ LLP
EXEMPLARY
PRovDNG

LEGAL SERVICE SINcE

888

or other similar lead role, in some of the most significant overtime class actions pending
in the United States, and has recovered hundreds of millions of dollars in recovered
wages for its clients. For example, in La Voice v. Citigroup Global Markets, Inc., Case No. C
07-801 (CW) (N.D. Cal.)) the firm secured a $108 million settlement. Many of the firm’s
other successful results in this field are summarized within.

In keeping with out commitment to provide a full range of services to our clients, Wolf
Haldenstein Adler Freeman & Herz LLP has a comprehensive real estate practice,
which encompasses representation of clients in the acquisition, sale, financing, leasing,
development, restructuring, syndication and management of commercial and
residential properties throughout the United States. In addition, we have one of the
largest practices in the New York Metropolitan area, representing cooperative
corporations, and condominium associations. The Firm also has a comprehensive
litigation practice that covers all facets of real estate matters ranging from
landlord/tenant matters to construction litigation. Our comprehensive knowledge of the
real estate industry is coupled with a solid understanding of the complex laws that
affect it, and, in particular, the Federal, State, and City income tax consequences
associated with the acquisition, operation and disposition of real property.

H EALTH CARE
The counsel provided by Wolf Haldenstein’s Healthcare Group includes corporate and
transactional matters, New York State regulatory matters, compliance issues, electronic
medical records and financings. The Firm’s healthcare attorneys have deep knowledge
and experience in the issues unique to the industry, including Medicaid and Medicare
reimbursement, managed care, electronic medical records, regulatory requirements,
integrated delivery systems and compliance issues. The Firm acts as general counsel for
many healthcare provider clients, handling their day-to-day needs in the following
areas: corporate and transactional matters; New York State regulatory authorities;
compliance; financing; and discharge planning.

Exhibit A

WOLF

10

HALDENSTEN ADR FREEMAN & HERZ LLP
PRoVDNG EXEMPLARY LEGAL SERVICE

SNcE

888

QTH.ER

SUBSTANnAL

RECOVE RES

N

CLASS AcTION

AND

DERIvATIvE CASES IN WHICH WOLF HALDENSTEIN WAS LEAD
COIJNSEL OR HAD ANOTHER SON IFICANT ROLE

•

In re Beacon Associates Litigation, Master File No. 09 Civ. 0777 (LBS) (S.D.N.Y.)
($219 million settlement in this and related action).

•

In re Mutual Fund Investment Litigation, MDL No. 1586 (D. Md.) (derivative
counsel in consolidated cases against numerous mutual fund companies
involved in market timing resulting in class/derivative settlements totaling
more than $300 million).

•

Inland Western Securities Litigation, Case No. 07 C 6174 (N.D. IlL) (settlement
value of shares valued between $61.5 million and $90 million).

•

In re Direxion Shares ETF Trust, No. 09-Civ-8011 (KBF) (S.D.N.Y.) (class
recovered $8 million).

•

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

•

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

•

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

•

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

•

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

•

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

•

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

•

In re Transkaryotic Therapies, Inc., Securities Litigation, CA. No. 03-10165-RWZ
(D. Mass) (class recovered $50 million).

Exhibit A
13

11

WOLF HALDENSTEN ADLER FREEMAN & HERZ LLP
PRoVDfNG EXEMPLARY LEGAL SERVICE

ScE

888

•

In re Iridium Securities Litigation, C.A. No. 99-1002 (D.D.C.) (class recovered $43
million).

•

In re J.P. Morgan Chase Securities Litigation, MDL No. 1783 (N.D. Ill.) (settlement
providing for adoption of corporate governance principles relating to potential
corporate transactions requiring shareholder approval).

•

LaVoice v. Citigroup Global Markets, Inc., Case No. C 07-801 (CW) (N.D. Cal.))
($108 million settlement).

•

Steinberg v. Morgan Stanley & Co., Inc., Case No. 06-cv-2628 (BEN) (S.D. Cal.)
($50 million settlement).

•

Poole v. Merrill Lynch, Pierce, Fenner & Smith Inc., Case No. CV-06-1657 (D. Or.)
($43.5 million settlement).

•

In re Wachovia Securities, LLC Wage and Hour Litigation, MDL No. 07-1807 DOC
(C.D. Cal.) ($39 million settlement).

•

In re Wachovia Securities, LLC Wage and Hour Litigation (Prudential), MDL No.
07-1807 DOC (C.D. Cal.) ($11 million settlement).

•

Basile v. A.G. Edwards, Inc., 08-CV-00338-JAH-RBB (S.D. Cal.) ($12 million
settlement).

•

Miguel Garcia, et al. v. Lowe’s Home Center, Inc. et al. Case No. GIC 841120
(Barton) (Cal. Sup. Ct, San Diego) (co-lead, $1.65 million settlement w/
average class member recovery of $5,500, attorney fees and cost awarded
separately).

•

Neil Weinstein, et al. v. MetLife, Inc., et al.
(co-lead, $7.4 million settlement).

•

Creighton v. Oppenheimer, Index No. 1:06
($2.3 million settlement).

•

Klein v. Ryan Beck, 06-CV-3460 (DAB)(S.D.N.Y.) ($1.3 million settlement).

•

In re American Pharmaceutical Partners, Inc. Shareholder Litigation, Consolidated
C.A. No. 1823-N (Del. Ch. Ct.) ($14.3 million settlement).

•

Egles ton v. Collins and Aikman Corp., 06-cv-13555 (E.D. Mich.) (class recovered
$12 million).

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Case No. 3:06-cv-04444-SJ (N.D.Cal)

-

cv

-

04607

-

Exhibit A
14

BSJ

-

DCF (S.D.N.Y.)

12

WOLF HALDENSTEN ADLER FREEMAN & HERZ LLP
PRovDNG EXEMPLARY LEGAL SERvIcE SINCE

888

•

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

•

In re CML Hotels & Resorts, Inc. Securities Litigation, No. 6:04-cv-1231 (Orl-31)
(class recovered $35 million, and lawsuit also instrumental in $225 million
benefit to corporation).

•

In re Cablevision Systems Corp. Shareholder Derivative Litigation, Master File No.
06-CV-4130-DGT-AKT ($34.4 million recovery).

•

In re Monster Worldwide, Inc. Stock Option Derivative Litigation, Master File No.
06cv4622 (S.D.N.Y.) ($32 million recovery and corporate governance reforms).

•

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

•

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

•

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

•

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

•

In re Luxottica Group S.p.A. Securities Litigation, No. CV 01-3285 (E.D.N.Y) (class
recovered $18.25 million).

•

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

•

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

•

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

•

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

•

In re Bausch & Lomb, Inc. Securities Litigation, 01 Civ. 6190 (CJS) (W.D.N.Y.)
(class recovered $12.5 millio.
hbt A
13

15

WOLF HALDENSTEIN ADLER FREEMAN & HERZ LLP
PRoVDNG EXEMPLARY LEGAL

SERvIcE SNcE 1888

•

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

•

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

•

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

•

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

•

In re Aquila, Inc., (ERISA Litigation), 04-865 (W.D. Mo.) ($10.5 million recovery
for the class).

•

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

•

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

•

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

•

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

•

In re Brand Name Prescription Drugs Antitrust Litigation, No. 1:94-cv-00897,
M.D.L. 997 (N.D. Ill.) (class recovered $715 million).

•

Landon v. Fred, M.D.L. No. 592 (S.D. Tex.) (class recovered $12 million).

•

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

•

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

•

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

•

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

Exhibit A
16

14

\N0LF HALDENSTEN ADLER FREEMAN & HERZ LLP
PRovDNG EXEMPLARY LEGAL SERvcs

SNcE

888

•

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

•

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

•

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

•

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

•

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

•

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

•

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

•

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

•

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

•

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

•

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

•

Alleco Stockholders Litigation, (Md. Cir. Ct. Pr. Georges County) (class recovered
$16 million).

•

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

•

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

•

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

Exhibit A
17

15

VVoLF HALDENSTEIN ADLER FREEMAN & HERZ LLP
PRoVoNG EXEMPLARY LEGAL SERvcE SINcE 888

•

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

•

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

•

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

•

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

•

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

•

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

•

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

•

In re Vytorin/Zetia Marketing, Sales Practices and Products Liability Litigation, 2:08cv-285 (D.N,J.) (class recovered $41.5 million).

Exhibit A
18

16

WOLF HALDENSTEIN ADLER FREEMAN & HERZ LLP
PRQvDNG EXEMPLARY LEGAL SERvIcE SNCE

888

FEPRESENTATIVE REPO TED OPiNiONS

Si’cE

i

990 iri

\NFUCFI WOLF HALDENSTEIN WAS LEAD CouNsEL OR HAD
ANOTHER SIGNIFICANT ROLE
FEDERAL APPELLATE AND DISTRICT COURT OPINIONS

•

DeFrees v. Kirkland, 2012 U.S. Dist. LEXIS 52780 (CD. Cal. Apr. 11, 2012).

•

In re Beacon Associates Litigation., 745 F. Supp. 2d 386 (S.D.N.Y. 2010); In re
Beacon Associates Litig., 282 F.R.D. 315 (S.D.N.Y. 2012)

•

Messner v. Northshore University HealthSystem, 669 F.3d 802, No. 10-2514 (7th
Cir. Jan. 13, 2012).

•

In re Text Message Antitrust Litigation, 630 F.3d, 622 (7th Cir. 2010).

•

In re Apple & ATTM Antitrust Litig., 2010 U.S. Dist. LEXIS 98270 (N.D. Cal. July
8, 2010).

•

Freeland v. Iridium World Communications Ltd., 545 F.Supp.2d 59 (D.D.C. 2008).

•

In re Apple & AT&TM Antitrust Litig., 596 F. Supp. 2d 1288 (N.D. Cal. 2008).

•

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

•

In re JP Morgan Chase & Co. Securities Litigation, No. 06 C 4674, 2007 U.S. Dist.
LEXIS 93877 (N.D. Iii. Dec. 18, 2007).

•

Schoenbaum v. E.I. Dupont Dc Nemours and Co., 2007 WL 2768383 (E.D. Mo.
Sept. 20, 2007).

•

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

•

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

•

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

•

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

•

Smith v. Aon Corp., 238 F.R.D. 609 (N.D. Ill. 2006).

Exhibit A
19

17

WOLF 1ALDENSTEiN ADLER REEM AN & HEZ LLP
PROVIDING EXEMPLARY LEGAL SERVICE SINCE

•

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

•

In re Transkaryotic Therapies, Inc. Securities Litigation, No. 03-10165, 2005 U.s.
Dist. LEXIS 29656 (D. Mass. Nov. 28, 2005).

•

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

•

In re CNL Hotels & Resorts, Inc. Securities Litigation, 2005 U.S. Dist. LEXIS 38876,

No. 6:04-cv-i231-Orl-31KRS (M.D. Fla. May 9, 2005).
•

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

•

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

•

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

•

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

•

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

•

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

•

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

•

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

•

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

•

In re Comdisco Securities Litigation, No. 01 C 2110, 2003 U.S. Dist. LEXIS 5047

(N.D. Ill. Mar. 31, 2003).
•

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

•

City Partnership Co. v. Cable TV Fund 14-B, 213 F.R.D. 576 (D. Cob. 2002).

•

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

Exhibit A
20

-

WGY, 2002

18

WOLF HALDENSTEN ADLER bREEMAN & HERZ LLP
PRoVDNG EXEMPLARY
LEGAL

SERvicE SNCE

888

•

In re StarLink Corn Products Liability Litigation, 212 F.Supp.2d 828 (ND. ill.
2002).

•

In re Bankamerica Corp. Securities Litigation, 263 F.3d 795 (8th Cir. 2001).

•

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

•

In re Crossroads Systems, Inc. Securities Litigation, Master File No. A-00-CA-457
JN, 2001 U.S. Dist. LEXIS 14780 (W.D. Tx. Aug. 15, 2001).

•

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

•

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

•

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

•

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

•

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

•

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

•

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

•

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

•

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

•

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

•

Stanley v. Safeskin Corp., Case iSo. 99 CV 454 BTM (LSP), 2000 U.S. Dist. LEXIS
14100, Fed. Sec. L. Rep. (CCH) P91, 221 (S.D. Cal. Sept. 18, 2000).

•

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

•

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

Exhibit A
21

19

\NOLF HALDENSTEN ADLER FREEMAN & HERZ LLP
FROVDNG EXEMPLARY LEGAL

SERvIcE

SINCE

88B

•

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

•

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

•

Berger v. Compaq Computer Corp., Civil Action No. H-98-1148, 2000 U.S. Dist.
LEXIS 21424 (S.D. Tex. July 17, 2000).

•

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

•

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

•

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

•

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

•

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

•

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

•

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

•

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

•

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

•

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

•

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

•

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

•

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

Exhibit A
22

20

WOLF HALDENSTEN ADLER FREEMAN & HERZ LLP
PRovDNs EXEMPLARY LEGAL SERvcE SINCE

eas

•

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

•

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

•

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

•

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

•

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

•

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

•

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

•

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

•

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

•

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

•

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

•

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

•

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

•

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

•

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

•

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

•

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

•

Robbins v. Koger Properties, 116 F.3d 1441 (11th Cir. 1997).

Exhibit A
23

21

WOLF HALDENSTEN ADLER FREEMAN & HERZ LLP
PRovDNG EXEMPLARY LEGAL SERVCE ScE

888

•

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

•

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

•

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

•

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

•

A. Ronald Sirna, Jr., P.C. Profit Sharing Plan v. Prudential Securities, Inc., 964 F.
Supp. 147 (S.D.N.Y. 1997).

•

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

•

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

•

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

•

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

•

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

•

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

•

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

•

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

•

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

•

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

•

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

•

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

Exhibit A
24

22

WOLF HALDENSTEIN ADLER FREEMAN & HERZ LLP
PRovoNG EXEMPLARY LEGAL SERVICE ScE

888

•

In re TCWIDW North American Government Income Trust Securities Litigation, 941
F. Supp. 326 (S.D.N.Y. Oct. 1, 1996).

•

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

•

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

•

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

•

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

•

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

•

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

•

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

•

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

¶

96,123 (D.

NOTABLE bTATE COURT OPNONS

•

McWilliams v. City of Long Beach, 2013 Cal. LEXIS 3510, Cal. Supreme Ct. No.
S202037 (April 25, 2013).

•

Roberts v. Tishman Speyer, 89 A.D.3d 444 (N.Y. App. Div. 1st Dept 2011).

•

Roberts v. Tishman Speyer, 13 N.Y.3d 270 (N.Y. 2009).

•

Ardon v. City of Los Angeles, 52 Cal.4th 241 (2011).

•

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

•

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

•

Paramount Communications, Inc. v. QVC Network, Inc., 637 A.2d 34 (Del. Super.
Ct. 1994).

•

In re Western National Corp. Shareholders Litigation, Consolidated C.A. No.
15927, 2000 Del. Ch. LEXIS 82,J00).
23

25

WOLF HALDENSTEN ADLER FREEMAN & HERZ LLP
PRovDNG EXEMPLARY LEGAL SERvIcE SINCE

888

•

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

•

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

•

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

•

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

•

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

•

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

•

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

•

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

•

In re Marriott Hotel Properties II Limited Partnership Llnitholders Litigation,
Consolidated CA. No. 14961, 1997 Del. Ch. LEXIS 128 (Sept. 17, 1997).

•

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

•

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

•

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

Exhibit A

24

WOLF HALDENSTEIN ADR FREEMAN & HERZ LLP
PRovoNG EXEMPLARY LEGAL SERVICE SINcE

888

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

DANIEL W. KRAsNER: admitted: New York; Supreme Court of the United States; U.S.
Courts of Appeals for the Second, Third, Fourth, Sixth, Eighth, Ninth, Tenth, and
Eleventh Circuits; U.S. District Courts for the Southern and Eastern Districts of New
York, Central District of Illinois, and Northern District of Michigan. Education: Yale
Law School (LL.B., 1965); Yeshiva College (B.A., 1962). Mr. Krasner, a partner in the
Firm’s New York office, is the senior partner of Wolf Haldenstein’s Class Action
Litigation Group. He began practicing law with Abraham L. Pomerantz, generally
credited as the ‘Dean of the Class Action Bar.” He founded the Class Litigation Group
at Wolf Haldenstein in 1976.
Mr. Krasner received judicial praise for his class action acumen as early as 1978. See,
e.g., Shapiro v. Consolidated Edison Co., [1978 Transfer Binderj Fed. Sec. L. Rep. (CCH) &
96,364 at 93,252 (S.D.N.Y. 1978) (“in the Court’s opinion the reputation, skill and
expertise of
[Mr.1 Krasner, considerably enhanced the probability of obtaining as
large a cash settlement as was obtained”); Steiner v. BOC Financial Corp., [1980 Transfer
Binderj Fed. Sec. L. Rep. (CCH) & 97,656, at 98,491.4, (S.D.N.Y. 1980) (“This Court has
previously recognized the high quality of work of plaintiffs’ lead counsel, Mr.
Krasner”). The New York Law Journal referred to Mr. Krasner as one of the “top rank
plaintiffs’ counsel” in the securities and class action fields. In connection with a failed
1989 management buyout of United Airlines, Mr. Krasner testified before Congress.
.

.

.

More recently, Mr. Krasner has been one of the lead attorneys for plaintiffs in some of
the leading Federal multidistrict cases in the United States, including the IPO Litigation
in the Southern District of New York, the Mutual Fund Market Timing Litigation in the
District of Maryland, and several Madoff-related litigations pending in the Southern
District of New York. Mr. Krasner has also been lead attorney in several precedentsetting shareholder actions in Delaware Chancery Court and the New York Court of
Appeals, including American International Group, Inc. v. Greenberg, 965 A.2d 763 (Del. Ch.
2009) and the companion certified appeal, Kirschner v. KPMG LLP, Nos. 151, 152, 2010
NX. LEXIS 2959 (N.Y. Oct. 21, 2010); Teachers’ Retirement System of Louisiana and City of
New Orleans Employees’ Retirement System, derivatively on behalf of nominal defendant
American International Group, Inc., v. PricewaterhouseCoopers LLP, No. 152 (New York,
October 21, 2010); In re CNX Gas Corp. S’holders Litig., C.A. No. 5377-VCL, 2010 Del. Ch.

Exhibit A
27

25

WOLF HALDENSTEN ADLER FREEMAN & HERZ LLP
PRoVDNG EXEMPLARY LEGAL SERVCE ScE

888

LEXIS 119 (Del. Ch., May 25, 2010); In re CNX Gas Corp. S7iolders Litig., C.A. No. 5377VCL, 2010 Del. Ch. LEXIS 139, (Del. Ch. July 5, 2010), appeal refused, 2010 Del. LEXIS
324, 2010 WL 2690402 (Del. 2010).
Mr. Krasner has lectured at the Practicing Law Institute; Rutgers Graduate School of
Business; Federal Bar Council; Association of the Bar of the City of New York; Rockland
County, New York State, and American Bar Associations; Federal Bar Council, and
before numerous other bar, industry, and investor groups.

admitted: New York; Supreme Court of the United States;
U.S. Courts of Appeals for the First, Second, Third, Fourth and Eighth Circuits; U.S.
District Courts for the Southern, Eastern and Northern Districts of New York; District of
Columbia; District of Arizona; District of Colorado; Northern and Central District of
Illinois; Western District of Michigan and District of Nebraska. Education: Columbia
University Law School (J.D. 1971), City University of New York (Brooklyn) (B.A., 1968).
FRED TAYLOR ISQUITH:

A frequent author, lecturer, and participant in bar committees and other activities, Mr.
Isquith has devoted his career to complex financial litigation and business matters.
Mr. Isquith currently writes a weekly column of class action for The Class Act, a
publication of the National Association of Shareholders and Consumer Attorneys and
appears monthly as a columnist for Law 360. Among his articles and writings are:
Supreme Court Spotlight: Sex, Race And Commerce, (January, 2012); Rule 23 ‘Preliminary’
Requirement As Seen By 7th Circ., (December, 2012); Exhaustion Patent And Copyright
And The Supreme Court, (November, 2012); Case Study: In Re AIG Securities Litigation,
(October, 2012); Case Study: Rosado V. China North East Petroleum, (September, 2012); A
Dissection Of Rule 23, (August, 2012); A 2nd Look At Class Action Requirements, (July,
2012); The Continued Robustness Of Rule 23(b)(2), (June, 2012); The Simmonds Case (16
Ruling) In The Litigation Context, (May, 2012); A Look At Litigated And Settled Class
Certification (April, 2012); Concepcion Commands a Case-by-Case Analysis, (March, 2012);
Dec. 20, 2011 3 Big Decisions (February, 2012); Case Study: Damasco v. Clearwire (January,
2012); Redefining Loss Causation In Mutual Fund Cases (December, 2011).
...

-

-

Further he is a lecturer called upon by the Academy and Bar. For example, Class Actions
with Caution, (Touro School, 2011); The Federal Pleading Standards after Twombly;
Touro Law School (2010). Panelist with the Antitrust Committee of the New York City
Bar Association Regarding Private Equity Transactions and the Implications of the
Supreme Court’s Recent Decisions (2008); Developments in Class Actions; (NYSBA,
2007); IPO Tie In/Claims Seminar, Professional Liability Underwriter Society; Securities
Arbitration New York State Bar Association; Real Estate Exit Strategies, American
Conference Institute; Fundamental Strategies in Securities Litigation (NYSBA, CLE
Program). He has been active in the
activities: President’s Committee
26

28

WOLF HALDENSTEN ADLER FREEMAN & HERZ LLP
PRovDNG EXEMPLARY
LEGAL

SERvcE SINCE

888

on Access to Justice (2010); Committee on Evidence (2007 ); Committees on Legislation
and Federal Courts, 1984-1988), Committee on Securities, The Association of the Bar of
the City of New York (Committee on Federal Courts; Committee on Antitrust); New
York County Lawyers’ Association (Former Chair: Business Tort/Consumer Fraud-Tort
Law Section); Brooklyn (Member: Committee on Civil Practice Law and Rules,
1983-1987; New York State (Member: Committee on Legislation, Trial Lawyers Section,
1981-); the District of Columbia Bar; and Legislation and Civil Practice Law and Rules
Committee of the Brooklyn Bar Association; Vice President if the Institute for Law and
Economic Policy. Mr. Isquith has been Chairman of the Business Tort/Consumer Fraud
Committee of the Tort Law Section of the New York State Bar Association and is a
member of that Association’s Committees on Securities Law and Legislation. He also
serves as a judge for the Moot Court Competition of Columbia University Law School.
Mr. Isquith served as President of the National Association of Securities and
Commercial Law Attorneys in 2003 and 2004.
-

Mr. Isquith is frequently quoted in the Wall Street Journal, the New York Times, and
other national publications.
The April 1987 issue of Venture magazine listed Mr. Isquith as among the nation’s top
securities class action attorneys. Since 2006 Mr. Isquith has been elected as among the
top 5% of attorneys in the New York City metropolitan area chosen to be included in
the Super Lawyers Magazine. Martindale Hubbell registers Mr. Isquith as one of the
Preeminent Lawyers (2010), Avenue Magazine, Legal Elite (2010).
JEFFREY

G. SMITH: admitted: New York; California; Supreme Court of the United

States; U.S. Courts of Appeals for the Second, Third, Fourth, Fifth, Sixth, Seventh,
Eighth and Ninth Circuits; U.S. Tax Court; U.S. District Courts for the Southern and
Eastern Districts of New York, Southern, Central and Northern Districts of California
and the Districts of Colorado and Nebraska. Education: Woodrow Wilson School of
Public and International Affairs, Princeton University (M.P.A., 1977); Yale Law School
(J.D., 1978); Vassar College (A.B., curn laude generali, 1974). At Yale Law School, Mr.
Smith was a teaching assistant for the Trial Practice course and a student supervisor in
the Legal Services Organization, a clinical program. Member: The Association of the
Bar of the City of New York; New York State and American (Section on Litigation) Bar
Associations; State Bar of California (Member: Litigation Section); American Association
for Justice. Mr. Smith has frequently lectured on corporate governance issues to
professional groups of Fund trustees and investment advisors as well as to graduate
and undergraduate business student groups, and has regularly served as a moot court
judge for the A.B.A. and at New York University Law School. Mr. Smith has substantial
experience in complex civil litigation, including class and derivative actions, tender
offer, merger, and takeover litigation. Mr. Smith is rated “AV” by Martindale Hubble

Exhibit A
29

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WOLF HALDENSTEIN ADLER RREEMAN & HERZ LLP
PRovDNG EXEMPLARY LEGAL
SERvIcE SINCE

888

and, since its inception in 2006, has been selected as among the top 5% of attorneys in
the New York City metropolitan area chosen to be included in the Super Lawyers
Magazine.
FRANCIS M. GREGOREK: admitted: California; New York; United States Courts of
Appeals for the Second and Ninth Circuits; United States District Courts for the
Southern and Eastern Districts of New York and the Southern, Central, and Northern
Districts of California. Education: University of Virginia (B.A., magna cum laude, 1975).
Phi Beta Kappa, Phi Alpha Theta International Historical Honor Society; University
College, Durham University, England; New York University School of Law (J.D., 1978).
Mr. Gregorek is the Managing Partner of the Firm’s San Diego office. Throughout his
32 year career, Mr. Gregorek’s practice has focused on complex commercial litigation
and class action practice on both the trial and appellate court levels, in federal and state
courts nationwide, in the areas of securities, antitrust, consumer protection, and
technology. Mr. Gregorek has also represented foreign governments involved in
complex commercial litigation in United States federal courts. As part of that
representation, Mr. Gregorek has worked in conjunction with the heads of ministerial
departments, ambassadors, and consular officials of those countries charged by their
governments with overseeing the litigations, as well as the attorney general of a
government he was representing. Throughout these litigations, Mr. Gregorek met with
such government officials to advise and plan strategy in addition to keeping them fully
up-to-date on the progress of the litigation.

Mr. Gregorek has served as lead counsel, co-lead counsel, or in other leadership
positions in numerous class and other complex litigations throughout the United States.
For example, In re Dole Shareholder Litigation, Case No. BC281949 (recovered $172
million for shareholders) (Super. Ct. Los Angeles County, 2003). At the time of the
case’s settlement, the $172 million recovered for the class was one of the top 10
recoveries ever achieved on behalf of a class. Judge Anthony J. Mohr, who presided
over the action, stated at the final settlement hearing: “Co-Lead Counsel did excellent
first class work.” Id.
As an additional example, Mr. Gregorek and the Firm served as co-lead counsel in
Bamboo Partners LLC v. The Robert Mondavi Corp., et al., Case No. 26-27170 (Super. Ct.
Napa County, 2004), a class action arising from an unsolicited $1.3 billion offer (cash
and debt assumption) from Constellation Brands, Inc. for The Robert Mondavi Corp.
CHARLES J. HECHT: admitted New York, United States Supreme Court, United
States Court of Appeals for the Second Circuit; United States Court of Appeals for the
Fifth Circuit; United States Court of Appeals for the Seventh Circuit; United States
Court of Appeals for the Sixth Circuit; United States Court of Appeals for the Third

Exhibit A
39

28

WOLF HLDENSTE1N ADLER FREEMAN & HERZ LLP
PROVDNG EXEMPLARY LEGAL SERvIcE SINcE

888

Circuit; United States Court of Appeals for the Ninth Circuit; United States Court of
Appeals for the Eleventh Circuit; United States District Court for the Southern District
of New York; United States District Court for the Eastern District of New York; United
States District Court for the; Eastern District of Wisconsin and the United States Court
of Appeals for the Seventh Circuit. Education: Mr. Hecht is a graduate of Cornell
University and Cornell University Law. Charles J. Hecht is a partner of the firm, with
over 40 years’ experience in securities and commodities transactions, litigation, and
arbitration. He has more than 50 published decisions on cases in which he was the sole
or lead counsel, in areas ranging from securities and commodities fraud to
constitutional and contract disputes.
Mr. Hecht has provided expert testimony before the Internal Revenue Service with
respect to the impact of proposed tax regulations on preferred stock hedged with
commodity futures and options. He has authored articles on mergers and acquisitions,
earn outs, commodities, hedging, derivatives, and arbitration jurisdiction and damages.
Since 2005 he has been the legal columnist for smartpros.com, an online newsletter for
financial professionals.
He has been active in the New York State Bar Association’s continuing legal education
program, regularly speaking about class actions and serving as the Chairman of the
program on securities arbitration in 1995. In 1996, Mr. Hecht was a principal coauthor of
the New York Federal Practice Section’s Report on Securities Class Fees. He is also an
arbitrator for the American Arbitration Association and COMEX.
Before entering private practice, Mr. Hecht was with the Division of Corporate Finance
(Washington, D.C. main office) of the Securities and Exchange Commission. He is
actively involved with businesses in China and is a member of the United States-China
Chamber of Commerce.
Notable Cases include, CMIA Partners Equity Ltd. v. O’Neill, 2010 NY Slip 0 52068(U)
p
(Sup. Ct. N.Y. Co., 2010), Hecht v. Andover Assocs. Mgmt. Coip., 27 Misc 3d 1202(A) (Sup.
Ct. Nassau Co., 2010), and Sacher v. Beacon Assoc. Mgrnt. Corp., 27 Misc 3d 1221(A) (Sup.
Ct. Nassau Co., 2010). The CMIA case is the first time that a New York state court
examined shareholder derivative suits under Cayman Islands law.
MARY JANE FAIT: admitted: New York; Illinois; U.S. District Courts for the Southern
and Eastern Districts of New York, and Northern District of Illinois; U.S. Court of
Appeals for the Seventh Circuit. Education: St. John’s College and University of Illinois
(B.A., Economics, 1976); Cornell Law School (J.D., 1979). Member: Chicago Bar
Association; Illinois Bar Association; Antitrust Division of the American Bar
Association.

Exhibit A
31

29

‘VV0LF HALDENSTEIN ADLER FREEMAN & HERZ LLP
PROVDiNG EXEMPLARY LEGAL SERVICE SINCE

888

C.

admitted; New York; United States Court of Appeals for the
Fourth Circuit and the United States District Courts for the Southern and Eastern
Districts of New York. Education: Columbia Law School (J.D. 1984); Princeton
University, Phi Beta Kappa, magna cum laude. Mr. Harrar is a partner in the firm and
has extensive experience in complex securities and commercial litigation on behalf of
individual and institutional clients.
PETER

HARRAR:

He has represented investment funds, hedge funds, insurance companies and other
institutional investors in a variety of individual actions, class actions and disputes
involving mortgage-backed securities and derivative instruments. Examples include In
re EMAC Securities Litigation, a fraud case concerning private placements of securitized
loan pools, and Steed Finance LDC v. LASER Advisors, Inc., a hybrid individual and class
action concerning the mispricing of swaptions.
Over the years, Mr. Harrar has also served as lead or co-lead counsel in numerous
securities class and derivative actions throughout the country, recovering hundreds of
millions of dollars on behalf of aggrieved investors and corporations. Recent examples
are some of the largest recoveries achieved in resolution of derivative actions, including
American International Group Consolidated Derivative Litigation) ($90 million), and Bank of
America/Merrill Derivative Litigation ($62.5 million).
LAWRENCE P. KOLKER: admitted: New York; U.S. Courts of Appeals for the Second
and Eleventh Circuits; U.S. District Courts for the Southern and Eastern Districts of
New York, Western District of Michigan and the District of Colorado. Education: State
University of New York at Binghamton (B.A., 1978); Brooklyn Law School (J.D., 1983).
Editor, Brooklyn Law Review, 1982-1983. Panelist, Early Neutral Evaluator for the
Eastern District of New York, 1992-1997. Lecturer, Brooklyn Law School, 1989. Assistant
Corporation Counsel, City of New York, 1983-1987. Member: The Association of the Bar
of the City of New York; New York State Bar Association.
Mr. Kolker has often represented investors in direct investments, such as REITs and
limited partnerships, including Inland Western REIT, Wells REIT, CNL Hotels &
Resorts, Inc., General Electric (Polaris Aircraft limited partnerships), Jones Intercable,
Nooney and Sierra Pacific (American Spectrum roll-up), Real Estate Associates
(NAPICO roll-up), and Marriott Hotel Properties II. He was appointed Counsel to the
Courtyard by Marriott Limited Partners Committee in its dealings with Host Marriott
Corporation, and Special Counsel to the Windsor Park Properties 7 and 8 limited
partners to insure the fairness of their liquidation transactions.
He has tried several securities actions to verdict. His notable judicial decisions include
Stepak v. Addison, 20 F.3d 398 (11th Cir. 1994); In re Comdisco Securities Litigation, 2003

Exhibit A
32

30

WOLF HALDENSTEN ADLER FREEMAN & HERZ LLP
PRovoNG

EXEMPLARY LEGAL SvcE

SN0E

888

U.S. Dist. LEXIS 5097 (N.D. Iii. March 3, 2003); City Partnership Co. v. Cable TV Fund 14-B,
213 F.R.D. 576 (D. Cob. 2002); Sturm v. Marriott Marquis Corp., 85 F. Supp. 2d 1356 (N.D.
Ga. 2000); In re Southeast Hotel Properties Limited Partnership Investor Litigation, 151 F.R.D.
597 (W.D.N.C. 1993); Prostic v. Xerox Corp., [1991 Transfer Binder] Fed. Sec. L Rep.
(CCH) ¶ 96,1967 (D. Conn. July 19, 1991); In re Cencom Cable Income Partners, L.P.
Litigation, Consolidated CA. No. 14634, 2000 Del. Ch. LEXIS 10 (Jan. 27, 2000); and
Wallace v, Wood, 752 A.2d 1175 (Del. Ch. 1999). Mr. Kolker is a frequent speaker at
conferences of the American Conference Institute, the Investment Program Association
and the Strategic Research Institute, and has published articles in Standard & Poor’s
Reviezv of Securities and Commodities Regulation entitled “Litigation Strategies for Limited
Partnership Tender Offers” (February 1996) and “Limited Partnership Five Percent
Tender Offers” (October 1997). Mr. Kolker has acted as lead counsel in numerous class
and derivative actions asserting the rights of investors since joining Wolf Haldenstein in
1989. He also counsels investment management firms in transactional and securities
matters and represents them in corporate and business litigation.
admitted: New York; Pennsylvania; New Jersey; U.S. Supreme
Court; U.S. Courts of Appeals for the Second, Third, Fifth, and D.C. Circuits; U.S.
District Courts for the Southern and Eastern Districts of New York, the Eastern and
Western Districts of Pennsylvania, the District of New Jersey, the Eastern District of
Wisconsin and the Western District of Michigan. Education: Princeton University (A.B.,
1982); Villanova University School of Law (J.D. 1985). Contributor, PACKEL & POULIN,
Pennsylvania Evidence (1987). Mr. Rifkin has extensive experience in complex class and
derivative actions in securities, ERISA, antitrust, intellectual property, and consumer
protection litigation. Mr. Rifkin has extensive trial experience in class and derivative
actions, including In re National Media Corp. Derivative Litig., C.A. 90-7574 (E.D. Pa.), lJpp
v. Mellon Bank, N.A., C.A. No. 91-5229 (E.D. Pa.), where the verdict awarded more than
$60 million in damages to the Class (later reversed on appeal, 997 F.2d 1039 (3d Cir.
1993)), and In re AST Research Securities Litigation, No. 94-1370 SVW (C.D. Cal.), as well
as a number of commercial matters for individual clients. Mr. Rifkin has lectured
before diverse business and professional organizations in the areas of securities and
complex litigation and corporate governance, serves as a moot court judge for the
A.B.A. and at New York University Law School, and is a frequent guest lecturer to
graduate and undergraduate economics and finance students on corporate governance
topics.
MARK C. RIFKIN:

MICHAEL JAFFE: admitted: California; New York; U.S. District Courts for the Southern

and Eastern Districts of New York. Education: University of California at Berkeley
(B.S., with highest distinction, 1982); Hastings College of the Law, University of
California (J.D., 1987). Judicial Extern to the Honorable Thelton E. Henderson,

Exhibit A
33

31

WOLF HALDENSTEN ADLER FREEMAN & HERZ LLP
PRovDNG EXEMPLARY LEGAL SERvcE SiNcE

88$

Northern District of California, 1986-1987. Member: The Association of the Bar of the
City of New York. Languages: French.
BETSY

C. MANIFOLD: admitted: Wisconsin; New York; California; U.S. District Courts

for the Western District of Wisconsin, Eastern and Southern Districts of New York, and
Northern, Central and Southern Districts of California. Education: Elmira College;
Middlebury College (B.A., cum laude, 1980); Marquette University (J.D., 1986); New
York University. Thomas More Scholar. Recipient, American Jurisprudence Award in
Agency. Member: The Association of the Bar of the City of New York. Languages:
French.
Ms. Manifold served as co-lead counsel in the following cases to recovery on behalf of
employees: Miguel Garcia, et al. v. Lowe’s Home Center, Inc. et al. Case No. GIC 841120
(Barton) (Cal. Sup. Ct, San Diego) ($1.65 million settlement w/ average class member
recovery of $5,500, attorney fees and cost awarded separately) and Neil Weinstein, et al.
v. MetLife, Inc., et al. Case No. 3:06-cv-04444-SI (N.D. Cal) ($7.4 million settlement)
Ms. Manifold also served as co-lead counsel in the following derivative actions: In re
Atmel Corporation Derivative Litigation, Master File No. CV 06-4592-JF (N.D. Cal.) ($9.65
million payment to Atmel) and In re Silicon Storage Technology Inc. Derivative Litig,, Case
No. C 06-04310 JF (N.D. Cal.) (cash payment and re-pricing of options with a total value
of $5.45 million). Ms. Manifold also worked as lead counsel on the following class
action: Lewis v. American Spectrum Realty, Case No. 01 CC 00394, Cal. Sup. Ct (Orange
County) ($6.5 million settlement).
—

—

ALEXANDER H. SCHMIDT: admitted: New York; New Jersey; United States Supreme

Court, United States Court of Appeals for the Second Circuit, and the United States
Court of Federal Claims. Education: State University of New York, Stony Brook (B.A.,
1981); Brooklyn Law School (J.D., 1985). Mr. Schmidt concentrates on sophisticated
commercial litigation, including matters involving antitrust, class actions, real estate,
banking, commercial factoring, securities fraud, civil RICO, intra-corporate and
partnership disputes, and legal and accounting malpractice. Most recently, he acted as
lead counsel in the landmark Roberts v. Tishinan Speyer, 13 N.Y.3d 270 (N.Y. 2009),
described by a sitting member of the U.S. House of Representatives as the greatest legal
victory for tenants in her lifetime. In Roberts, Mr. Schmidt obtained a victory in the New
York Court of Appeals requiring the reregulation of thousands of apartment units in the
Stuyvesant Town complex in Manhattan, New York. Mr. Schmidt was also the sole
plaintiffs’ counsel in Dresses For Less, Inc. v. CIT Group/Commercial Services, Inc.
(S.D.N.Y.), in which the court sustained Sherman Act claims he brought on behalf of
victims of group boycotts by the commercial factoring industry. The case resulted in a
very satisfying, confidential settlement for his clients and ended the garment center
factors’ 80-year old practice of conducting illegal twice-weekly meetings to discuss and

Ex’hibit A
34

32

WOLF HALDENSTEIN ADLER FREEMAN & HERZ LLP
PRovDNG EXEMPLARY LEGAL SERVIcE SINCE

888

make joint credit decisions concerning their common customers. Among other
noteworthy matters, Mr. Schmidt also conceived and helped sustain a precedent setting
Kodak aftermarket monopolization claim in an antitrust and computer fraud and abuse
act class action brought by purchasers of Apple’s highly popular iPhone, who are
challenging Apple’s undisclosed, five-year exclusive service contract with AT&T
Mobility. In re Apple & ATTM Antitrust Litigation (N.D. Ca.). In Atkins & O’Brien L.L.P. v.
ISS Int’l Serv, Sys. (N.Y. App. Div.), Mr. Schmidt resurrected an archaic estoppel
exception to the general rule that a client can fire its lawyer at any time, enabling his
law firm clients to recover several years of future fees under a general retainer contract.
Recently, without filing a lawsuit, Mr. Schmidt successfully represented the tenants
association of a multi-building, 1400 apartment complex in renegotiating a ten-year old
settlement agreement. The amended agreement reduced rents and plugged a loophole
that had enabled rent-protected units to be converted to fully deregulated market
apartments. Mr. Schmidt is admitted to practice in New York and New Jersey and
before the United States Supreme Court, United States Court of Appeals for the Second
and Ninth Circuits, and the United States Court of Federal Claims. Mr. Schmidt was an
Assistant Adjunct Professor of Law at Brooklyn Law School in 1998 and 1999, where he
co-taught a seminar on Federal Discovery Practice. He served as the Executive Notes &
Topics Editor for the Brooklyn Law Review.
GREGORY M. NESPOLE: admitted: New York; U.S. District Courts for the Southern

and Eastern Districts of New York; United States Court of Appeals for the Second,
Fourth, and Fifth Circuits. Education: Bates College (B.A., 1989); Brooklyn Law School
(J.D., 1993). Member: The Association of the Bar of the City of New York; New York
State Bar Association. Mr. Nespole’s experience includes complex civil and criminal
litigation. Mr. Nespole is responsible for the investigation, initiation and prosecution of
securities class actions and derivative litigations on behalf of the firm throughout the
Country. Mr. Nespole also devotes a considerable amount of time to litigating issues
Mr. Nespole also represents corporate
surrounding mergers and acquisitions.
defendants with respect to class certification issues and structuring class-wide
settlements. He has been approved as a panel attorney by a major insurance company
to address certification issues. Mr. Nespole is the co-chair of the firm’s Madoff Litigation
Task Force. He has been elected a “Super Lawyer” each year since 2009.
DEMET BASAR: admitted: New York; New Jersey; U.S. District Court for the District of

New Jersey, Southern District of New York, Eastern District of Wisconsin, U.S. Court of
Education: Fairleigh Dickinson
Appeals for the Second and Seventh Circuits.
University (B.A., summa cum laude, 1984), Phi Omega Epsilon; Rutgers University School
of Law (J.D., 1990). Recipient, West’s Scholarship Award, Senior Notes and Comments
Editor, Rutgers Law Review. Member: The Association of the Bar of the City of New
.
York. Languages: Turkish.
Exhibit A
33

35
WOLF HALDENSTEIN ADLER FREEMAN & HERZ LLP
PRevDNG EXEMPLARY LEGAL SERVCE SINCE

888

Ms. Basar’s practice is primarily concentrated in securities class actions and derivative
litigation. She is the co-chair of the firm’s Madoff Litigation Task Force. Her recent cases
include In re Tremont Securities Law, State Law and Insurance Litigation, No. 08-civ-11117
(TPG) (SDNY) ($100 million settlement for investors in the Tremont family of Madoff
feeder funds), In re Beacon Associates Litigation, Master File No. 09 Civ. 0777 (LBS)
(SDNY) ($219 million settlement for investors in the Beacon family of Madoff feeder
funds, among others), and other Madoff feeder fund-related securities class actions,
including In re I. Ezra Merkin and BDO Seidman Securities Litigation, No. 08-cv-10922
(SDNY) and Newman v. Family Management Corp., No. 08-cv-11215 (SDNY). She has
served as lead counsel, co-lead counsel or individual counsel in In re American
Pharmaceutical Partners, Inc. Shareholder Litigation, Consolidated C.A. No. 1823-N (Del.
Ch. Ct. ($14.3 million settlement), In re Loral Space & Communications Shareholders
Securities Litigation, 03-cv-8262 (SDNY) ($3.45 million settlement), Steed Finance LDC v.
LASER Advisors, No. 99-cv-4222 (SDNY), In re AMBAC Financial Group, Inc., C.A. No.
3521 (Del. Ch. Ct.), and several multidistrict securities litigations, including In re Mutual
Fund Investment Litigation, MDL No. 1586 (D. Md.) and In re J.P. Morgan Chase Securities
Litigation, MDL No. 1783 (N.D. Ill.).
ANITA B. KARTALOPOULOS: admitted: New York. Education: University of Toledo,
B.A.; Seton Hall University, J.D. Ms. Kartalopoulos, a former member of Milberg LLP,
litigates claims in the areas of securities fraud, derivative litigation, and mergers and
acquisitions. She focuses her practice on lead plaintiff litigation, as well as breach of
fiduciary and transactional litigation. She works closely with the institutional investor
clients, including trustees of public and private funds, throughout the U.S. providing
counsel on asset recovery, fiduciary education, and risk management.
Ms. Kartalopoulos has extensive experience in litigating complex securities cases
including In re Sears, Roebuck & Co. Securities Litigation ($215 million settlement), In re
Chiron Corp. Securities Litigation ($30 million settlement), and others. Ms. Kartalopoulos
has also achieved noteworthy results including improved corporate governance and
disclosures as well as increased share value in recent litigations including in In re Topps
Co. Shareholder Litigation, In re Anheuser-Busch Cos. Shareholders Litigation, In re Net Logic,
In re Smith International, In re L-3 Communication Holdings, Inc., In re Republic Services,
Derivative Litigation, and many others.

Prior to entering private practice, Ms. Kartalopoulos served in senior regulatory
positions involving insurance and health in the State of New Jersey, including serving
as Deputy Commissioner of Insurance, for Life and Health; Director of Legal and
Regulatory Affairs (Department of Health); and Executive Director of the New Jersey
State Real Estate Commission. She managed the New Jersey Insurance Department’s
Multi-State Task Force investigating the sales practices of the Prudential Insurance

Exhibit A
36

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\IV0LF HALDENSTEIN ADLER FREEMAN & HERZ LLP
PRovIDING EXEMPLARY LEGAL SERVICE SINCE

888

Company, which resulted in a $50 million fine against Prudential and a $4 billion
recovery for policyholders. She also served on the Board of Directors of MBL Insurance
Company as a rehabilitator and managed litigation on behalf of the company.
Ms. Kartalopoulos is a regular speaker at numerous conferences focused on fiduciary
education, ethics, and U.S. securities litigation, including the Investment Education
Symposium, the Institutional Investor European Pensions Symposium, the Canadian
Hedge Funds Investment Roundtable, the New York Hedge Funds Roundtable, and the
AEDBF (Association Europeenne de Droit Bancaire et Financier), FPPTA Trustee School,
GAPPT, MATTER, LATEC. She also speaks regularly on the complex legal
environment that institutional investors face when addressing losses due to securities
fraud as well as their proactive and reactive alternatives.
Ms. Kartalopoulos has co-authored “Deterring Executive Compensation Excesses:
Regulatory Weaknesses, Litigation Strengths” (03/05, NY, NY), and “Vintage Wine in
New Bottles: The Curious Evolution of the Concept of Loss Causation” (11/05, NY, NY).
Ms. Kartalopoulos is admitted to the bar of the State of New Jersey, the U.S. Courts of
Appeals for the Federal and Third Circuits.
BENJAMIN Y. KAUFMAN: admitted: New York. Education: Yeshiva University, B.A.;
Benjamin N. Cardozo School of Law, Yeshiva University, J.D. Mr. Kaufman focuses on
class actions on behalf of defrauded investors and consumers. Mr. Kaufman’s
successful securities litigations include In re Deutsche Telekom AG Securities Litigation,
No. 00-9475 (S.D.N.Y.), a complex international securities litigation requiring
evidentiary discovery in both the United States and Europe, which settled for $120
million. Mr. Kaufman was also part of the team that recovered $46 million for investors
in In re Asia Pulp & Paper Securities Litigation, No. 01-7351 (S.D.N.Y.); and $43.1 million,
with contributions of $20 million, $14.85 million and $8.25 million from Motorola, the
individual defendants, and defendant underwriters respectively, in Freeland v. Iridium
World Communications, Ltd.
Mr. Kaufman’s outstanding representative results in derivative and transactional
litigations include: In re Trump Hotels Shareholder Derivative Litigation (Trump personally
contributed some of his holdings; the company increased the number of directors on its
board, and certain future transactions had to be reviewed by a special committee);
Southwest Airlines Derivative Litigation (Carbon County Employee Retirement System v. Kelly
(Dist. Ct. Dallas Cnty., Tex.)) (a derivative matter that resulted in significant reforms to
the air carrier’s corporate governance and safety and maintenance practices and
procedures for the benefit of Southwest and its shareholders).

Exhibit A
37

35

*

WOLF HALDENSTEN ADLER FREEMAN & HERZ LLP
PRovoNG EXEMPLARY LEGAL SERvIcE SricE

888

He argued the appeal in In re Comverse Technology, Inc. Derivative Litig., 56 A.D.3d 49 (1st
Dep’t 2008) which led to the seminal New York Appellate Division opinion which
clarified the standards of demand futility, and held that a board of directors loses the
protection of the business judgment rule where there is evidence of self-dealing and
poor judgment by the directors; and In re Topps Company, Inc. Shareholders Litigation
which resulted in a 2007 decision which vindicated the rights of shareholders under the
rules of comity and doctrine of forum non conveniens and to pursue claims in the most
relevant forum notwithstanding the fact that jurisdiction might exist as well in the state
of incorporation. Mr. Kaufman has also lectured and taught in the subjects of corporate
governance as well as transactional and derivative litigation.
In addition, Mr. Kaufman represents many corporate clients in complex commercial
matters, including Puckett v. Sony Music Entertainment, No. 108802/98 (Sup. Ct. N.Y.
Cnty. 2002) (a complex copyright royalty class action); Shropshire v. Sony Music
Entertainment, No. 06-3252 (S.D.N.Y.), and The Youngbloods v. BMG Music, No. 07-2394
(S.D.N.Y.); and Mich II Holdings LLC v. Schron, No. 600736/10 (Sup. Ct. N.Y. Cnty.)
(represented certain defendants in connection with real estate dispute and successfully
litigated motion to dismiss all claims against those defendants; he continues to
represent those clients’ interests in several related litigations in New York and
Delaware). Mr. Kaufman has also represented clients in arbitrations and litigation
involving oppressed minority shareholders in closely held corporations.
Prior to joining WHAFH and Milberg in August of 1998, Mr. Kaufman was a Court
Attorney for the New York State Supreme Court, New York County (1988-1990) and
Principal Law Clerk to Justice Herman Cahn of the Commercial Division of the New
York State Supreme Court, New York County (1990-1998).
Mr. Kaufman is an active member of the Commercial and Federal Litigation Section of
the New York State Bar Association, the International Association of Jewish Lawyers
and Jurists and the Jewish Lawyers Guild. He has also lectured on corporate
governance issues to institutional investor conferences across the United States and
abroad. Mr. Kaufman is a member of the Board of Trustees of the Hebrew Academy of
the Five Towns and Rockaways.
JANINE L. POLLACK: admitted: New York (1990); New Jersey (1989); U.S. District
Courts for the Southern and Eastern Districts of New York and the District of New
Jersey, among others. Education: Rutgers University (1986), with high honors, Phi Beta
Journal of
Kappa; University of Pennsylvania School of Law (1989), Editor
International Business Law. Ms. Pollack has successfully prosecuted many consumer
and securities cases. She is one of the lead counsel in the recent $28.5 million settlement
in In re Reebok EasyTone Litigation (D. Mass.), as well as the $45 million settlement in In re
-

Exhibit A
38

36

WOLF HALDENSTEN ADLER FREEMAN & HERZ LLP
PRQVDNG EXEMPLARY LEGAL SERvIcE SINcE

888

Skechers Toning Shoes Product Liability Litigation (Grabowski) (W.D. Ky.), false advertising
class actions involving toning shoes. She is also lead counsel in numerous other class
actions involving consumer fraud, including Bezdek v. Vibram USA Inc. (D. Mass.),
against the maker of so-called barefoot running shoes. In addition, Ms. Pollack recently
won a jury trial against R.J. Reynolds in a wrongful death tobacco case in Florida state
court. She was also lead trial counsel in a federal court case against a major mutual
fund advisor.
Ms. Pollack is co-chair of the Women’s Initiative of the National Association of
Shareholder & Consumer Attorneys (NASCAT), for which she organizes meetings and
charity events. A frequent public speaker, Ms. Pollack has given lectures on such topics
as consumer fraud, securities regulation, time and stress management, Cy Pres, and
other related topics. Ms. Pollack was recently appointed to the New York City Bar
Association’s Women in the Profession Committee. Ms. Pollack’s recent achievements
include being named as a New York Super Lawyer in 2012.
THOMAS H. BURT: admitted: New York; U.S. District Courts for the Southern and

Eastern Districts of New York, Eastern District of Michigan. Education: American
University (B.A., 1993); New York University (J.D., 1997). Articles Editor with New
York University Review of Law and Social Change. Mr. Burt is a litigator with a practice
concentrated in securities class actions and complex commercial litigation. After
practicing criminal defense with noted defense lawyer Jack T. Litman for three years, he
joined Wolf Haldenstein, where he has worked on such notable cases as In re Initial
Public Offering Securities Litigation, No. 21 MC 92 (SAS) (S.D.N.Y.)(a novel and sweeping
amalgamation of over 300 class actions which resulted in a recovery of $586 million); In
re MicroStrategy Securities Litigation, No. 00-473-A (E.D. Va.) (recovery of $192 million);
In re DRAM Antitrust Litigation, No. 02-cv-1486 (PJH) (N.D. Cal.) (antitrust case
resulting in $315 million recovery); In re Computer Associates 2002 Class Action Securities
Litigation, No. 02-cv-1226 (TCP) (E.D.N.Y.)(settled, together with a related fraud case,
for over $133 million); K.J. Egleston L.P. v. Heartland Industrial Partners, et al., 2:06-13555
(E.D. Mich.) (recovery included personal assets from former Reagan Administration
budget director David A. Stockman); and Parker Friedland v. Iridium World
Communications, Ltd., 99-1002 (D.D.C.)(recovery of $43.1 million). Mr. Burt has spoken
on several occasions to investor and activist groups regarding the intersection of
litigation and corporate social responsibility.
RAcHELE

R. RICKERT: admitted: California; U.S. District Court for the Southern

District of California. Education: Point Loma Nazarene College (B.A., 1994); University
of California, Hastings College of the Law (J.D., 1997). Member: State Bar of California.
Former Deputy Alternate Public Defender for the County of San Diego. Ms. Rickert is
located in the firm’s San Diego office. She nractices corporate derivative and class action
I±xhlblt A
37

39
ADLER FREEMAN & HERZ LLP
WOLF HALDENSTEN
888
PRovDNG EXEMPLARY LEGAL SERvIcE SINcE

litigation including securities, consumer, antitrust, employment and general corporate
and business litigation. Ms. Rickert has played a significant role in litigating numerous
class and derivative actions, including In re Apple & AT&TM Antitrust Litigation, Master
File No. C 07-05152 JW (ND. Cal.) (antitrust class action against Apple Inc. and AT&T
Mobility LLC regarding aftermarkets for iPhone wireless service and applications);
Ardon v. City of Los Angeles (2011) 52 CaL4th 241 (challenging the City of Los Angeles’
telephone users tax on behalf of the City’s taxpayers); McWilliams v. City of Long Beach,
2013 Cal. LEXIS 3510, Cal. Supreme Ct. No. S202037 (April 25, 2013) (challenging the
City of Long Beach’s telephone users tax on behalf of the City’s taxpayers); DeFrees, et al.
v. Kirkland, et al., No. CV 11-04272 GAF(SPx) (C.D. Cal.) (shareholder derivative action);
Bamboo Partners LLC, et al. v. Robert Mondavi Corp., et al. (shareholder class action that
settled for $10.8 million in 2007); and Lewis, et al, v. American Spectrum Realty, Inc., et al.,
(shareholder class action that settled for $6.5 million in 2004).
STACEY KELLY BREEN: admitted: New York; New Jersey; U.S. District Courts for the
Southern and Eastern Districts of New York. Education: New York University (B.A.,
1997); Rutgers School of Law Newark (J.D., 2000). Ms. Breen is located in the firm’s
New York Office. Her practice is concentrated in class actions and complex commercial
litigation. Ms. Breen represented long grain rice producers seeking to recover damages
they sustained resulting from the contamination of the U.S. rice supply with
unapproved, genetically modified rice seed traits, in the case captioned In re Genetically
ModifIed Rice Litigation, MDL 1811 (E.D. Mo.). That case settled on July 1, 2011 for $750
million. In addition, Ms. Breen played a significant role in litigating numerous
securities class actions and derivative cases, including American International Group, Inc.
v. Greenberg, which resulted in a $90 million recovery for AIG; In re Sepracor Corp.
Securities Litigation, which resulted in a $52.5 million recovery in a securities fraud class
action; and In re American Pharmaceutical Partners, Inc. Shareholder Litigation, which
resulted in a $14.3 million recovery for shareholders.
-

MATTHEW M. GUINEY: admitted: New York; U.S. District Courts for the Southern and
Eastern District of New York. Education: The College of William & Mary (B.A. in
Government and Economics 1998); Georgetown University Law Center (J.D. 2002). Mr.
Guiney’s primary areas of practice are securities class actions under the Securities Act of
1933 and the Exchange Act of 1934, complex commercial litigation, Employee Retirement
Income Security Act (ERISA) actions on behalf of plan participants, Fair Labor Standards
Act of 1938 actions concerning overtime payment, and fiduciary duty actions under
various state laws. Mr. Guiney has helped recover hundreds of millions of dollars for
victims of corporate fraud and abuse in federal and state litigation across the country.
Some of Mr. Guiney’s notable results on behalf of investors include: Mallozzi v.
Industrial Enterprises of America, Inc. et al., 1:07-cv-10321-DLC (S.D.N.Y.) ($3.4 million
Lttica Group S.p.A. Securities Litigation,
settlement on behalf of shareholdersh
38

40

WOLF HALDENSTEN ADLER FREEMAN & HERZ LLP
PRovDNG EXEMPLARY LEGAL SERvIcE SINcE

888

No. CV 01-3285 (JBW) (MDG) (E.D.N.Y.) ($18.5 million settlement on behalf of
shareholders); In re MBNA Corp. ERISA Litigation, Master Docket No. 05-429 (GMS), (D.
Del) ($4.5 million settlement on behalf of plan participants). Recent publications
include: Citigroup and Judicial Immunity in ERISA: An Emerging Trend?, Compensation
and Benefits Review, Vol. 42, No. 3, 172-78 (May/June 2010) (with Mark C. Rifkin); Case
of the Moenchics: Moench Provision Expansion, Employment Law360/Securities Law360
Newswires, Guest Column (June 2, 2010) (with Mark C. Rifkin).

Exhibit A
A

WOLF HALDENSTEIN ADLER bREEMAN & HERZ LLP
PRovDNG EXEMPLARY LEGAL SERvIcE SINCE

888

JUSTICE HERMAN CAHN: admitted: New York. Education: Harvard Law School and a
B.A, from City College of the City University of New York. Justice Herman Cahn was

first elected as Judge of the Civil Court of the City of New York in 1976. He
subsequently served as an Acting Justice of the Supreme Court from 1980 until 1992,
when he was elected to the Supreme Court. Throughout his decades on the bench, he
principally handled civil cases, with the exception of 1981 until 1987, when he presided
over criminal matters. Justice Calm was instrumental in the creation of, and a founding
Justice in, the Commercial Division within the New York State Supreme Court. He
served as a Justice of the Commercial Division from its inception in 1993.
Among his most notable recent cases are the consolidated cases stemming from the Bear
Stearns merger with JP Morgan (In re Bear Stearns Litigation); litigation regarding the
America’s Cup Yacht Race (Golden Gate Yacht Club v. Société Nautique de Genève);
litigation stemming from the attempt to enjoin the construction of the new Yankee
Stadium (Save Our Parks v. City of New York); and the consolidated state cases regarding
the rebuilding of the World Trade Center site (World Trade Center Properties v. Alliance
Insurance; Port Authority v. Alliance Insurance).
Justice Calm is a member of the Council on Judicial Administration of the Association
of the Bar of the City of New York. He has also recently been appointed to the
Character and Fitness Committee of the Appellate Division, First Department. He is on
the Register of Mediators for the United States Bankruptcy Court, Southern and
Eastern Districts of New York.
Before ascending the bench, Justice Cahn practiced law in Manhattan. He was first
admitted to the New York bar in 1956. He is admitted to practice in numerous courts,
including the New York State courts, the Southern District of New York and the United
States Supreme Court.

ROBERT ABRAMS: admitted: New York; U.S. Court of Appeals for the Third Circuit;
U.S. District Courts for the Southern and Eastern Districts of New York, Eastern District
of Missouri, District of Maryland, and District of Delaware. Education: Haverford
College (B.A., 1961); Columbia University (Ph.D., 1966), Brooklyn Law School (J.D.,
1992). Woodrow Wilson Fellow; International Business Law Fellow. Adjunct Professor,
Mediation Clinic, Brooklyn Law School, 1983-1984. Mr. Abrams was formerly a
Professor of Political Science at Brooklyn College and the Graduate Center of the City
University of New York. Member: New York State Bar Association. Mr. Abrams is the

Exhibit A
42

40

\NOLF HALDENSTEIN ADLER FREEMAN & HERZ LLP
PRovDNG EXEMPLARY LEGAL SERVICE SINCE

888

author of books on the theory of collective choice (Columbia University Press) and
voting theory (Sage), as well as articles on Soviet politics, game theory and bargaining
and negotiations. He has focused his practice on complex securities, ERISA, and
consumer actions.
He was co-lead counsel in In re Tyson Foods, Inc., before the Delaware Chancery Court,
which settled claims of breach of fiduciary duty in connection with related party
transactions and spring loading of options for Tyson management.
He is currently active in litigation on behalf of securities brokers, bringing claims for
overtime pay and improper deductions from compensation against six major brokerage
houses under the federal Fair Labor Standards Act and New York, New Jersey and
Connecticut Labor Law. These cases include Lavoice v, Citigroup Global Markets, Inc.;
Basile v. A.G. Edwards, Inc.; Rosenthal v. A.G. Edwards & Sons, Inc.; Palumbo v. Merrill
Lynch; Garrison v. Merrill Lynch; Roles v. Morgan Stanley; Len ihan v. Morgan Stanley; Klein
v. Ryan Beck; and Badain v. Wachovia.
Mr. Abrams was the firm’s primary representative to the executive committee
representing NationsBank shareholders in In re BankAmerica Corp. Sec. Litig., which
resulted in an award of $490 million to NationsBank and BankAmerica shareholders.
He was also co-lead counsel in a New York state consumer protection class action
against AT&T Wireless Corp., Naevus v. AT&T Corp., which resulted in an award valued
at $40 million for the class members. Mr. Abrams was named a Super Lawyer from
2010 through 2012.
ROBERT B. WEINTRAUB: admitted: New York; Supreme Court of the United States;

U.S. Court of Appeals for the Federal, Second and Fifth Circuits; District of Columbia;
U.S. District Courts for the Southern and Eastern Districts of New York. Education:
Syracuse University (B.A., curn laude, 1972); Georgetown University Law Center (J.D.,
1977). Member: 1975-1977, Articles Editor and Member: Executive Board, 1976-1977,
Law and Policy in International Business, Georgetown International Law Journal. Assistant
Editor, Competition Working Group, “The OECD Guidelines for Multinational
Enterprises: A Business Appraisal,” 1977. Author, “Entering the Uncharted Waters of
Oz: FAS 157 Pulls Back the Curtain on the Valuation of Asset-Backed Securities,”
Bloomberg Law Reports, Securities Law, vol. 2, no. 14, April 7, 2008; “Law Backs
Women Warriors,” National Law Journal, June 7, 1993. Co-contributor: Chapter 7, “The
Celler-Kefauver Act of 1950,” 4 Legislative History of the Federal Antitrust Laws and Related
Statutes, edited by E. Kintner, Chelsea House Publishers, 1980. Speeches, “Litigation
versus Arbitration and Alternative Dispute Resolution: Are Arbitration and ADR all
They are Cracked-up to Be?” (Speech before the Rotary Club of New York). Mediator,
U.S. District Court, Southern District of New York. Member: The Association of the Bar

Exhibit A
43

41

WOLF HALDENSTEN ADLER FREEMAN & HERZ LLP
PRovoNG EXEMPLARY LEGAL SERvIcE bNCE

888

of the City of New York (Member: Committee on Securities Regulation; Council on
International Affairs; Chair, 1991-1994 and Member: 1987-1990, Committee on Military
Affairs and Justice; International Arms Control and Security Affairs, 1990-1991);
present; Banking Law Committee 2003-2006;
Committee on Federal Courts 2012
Sports Law Committee 2009-2012; and American Bar Association.
—

Mr. Weintraub has counseled corporations on contract negotiation and antitrust
matters, and provided antitrust advice on mergers to the arbitrage department of a
major brokerage house. He has served as an arbitrator for the NYSE, the NASD and the
Municipal Securities Rulemaking Board and as a mediator for the federal District Court
in New York. Mr. Weintraub also previously served as Senior Vice President and
General Counsel of a broker-dealer investment bank which is a member of the NYSE,
the NASD and other principal exchanges. Mr. Weintraub has particular experience in
litigation involving investment firms and broker-dealers.
KATE MCGUIRE: admitted: New York; U.S. District Courts for the Southern and
Eastern Districts of New York. Education: University of California at Santa Cruz (B.A.
1995), Georgetown University Law Center (J.D., 1998); Member: Georgetown Immigration

Law Journal.

Assoc ATES
THEODORE B. BELL: admitted: Michigan; Illinois; 7th Circuit Court of Appeals; United

States District Courts for the Northern, Central and Southern Districts of Illinois.
Education: University of Michigan (B.A., 1988); University of Detroit Mercy School of
Law (J.D., 1992).
MALCOLM T. BROWN: admitted: New York, New Jersey, Pennsylvania, United States

District Courts for the Southern and Eastern Districts of New York, District of New
Jersey and Eastern District of Pennsylvania. Education: University of Pennsylvania
(B.A., Political Science 1988) and Rutgers University School of Law (J.D. 1994).
MARTIN RESTITUYO: admitted: New York. Education: Queens College (B.A., 1998);

Hofstra University School of Law (J.D. 2002); Hofstra University, Frank G. Zarb School
of Business (M.B.A., Finance, 2005). Mr. Restituyo did postgraduate work at the
Universidad Autónoma de Santo Domingo, Santo Domingo, in the Dominican
Republic, and studied at La Faculté de Droit l’Université de Nice, in Nice, France. Mr.
Restituyo was the Assistant Town Attorney for North Hempstead, New York (20042006), an Adjunct Professor at John Jay College of Criminal Justice (2005), and was in
the Nassau County Department of Economic Development (2002-2004). In 2003, he was
awarded the “Distinguished Alumni Award” from Hofstra University’s Clinical

VVOLF

HALDENSTEN

Exhibit A
44

ADLER

42

FREEMAN & HERZ LLP

PRoVDNG EXEMPLARY LEGAL SERVICE SNCE

ace

Program. He is a member of the Nassau County Bar Association, the Women’s Bar
Association, the Hispanic Bar Association, the Dominican Bar Association and Hofstra
University School of Law, Alumni Board.
MARISA LIVESAY: admitted: California; United States District Courts for the Southern,

Central and Northern District of California; Ninth Circuit. Education: University of
Arizona (B.A., History & Spanish, 1999); University California Los Angeles Law School
(J.D. 2002).
PATRICK H. MORAN: admitted: Wisconsin, the United States Court of Appeals for the

Seventh Circuit and the United States District Court for the Eastern District of
Wisconsin. Education: University of Iowa (B.A. Economics, 1999); Marquette University
Graduate School of Business Administration (M.B.A., Accounting, 2004); Marquette
University Law School (J.D. 2003), where he was a member of the Marquette University
Law Review and published “The Federal and Ninth Circuits Square Off: Refusals to Deal
and the Precarious Intersection between Antitrust and Patent Law,” 87 MARQ. L. REV.
387 (2003). Before joining Wolf Haldenstein, Mr. Moran served as a law clerk to the
Hon. John L. Coffey of the United States Court of Appeals for the Seventh Circuit. In
addition, Mr. Moran has held positions with a big four accounting firm as an
international tax consultant and as an associate for a large securities class action law
firm, specializing in litigation concerning mergers and acquisitions.
MICHAEL LISKOW: admitted: California, New York, U.S. District Courts for the

Northern District of California and the Southern and Eastern Districts of New York.
Education: University of Kansas (B.A., Psychology, 2001); University of Pennsylvania
Law School (J.D. 2005), where he was the Symposium Editor of the Journal of
Constitutional Law. Before joining Wolf Haldenstein, Mr. Liskow was a clerk for the
Honorable Steven H. Levinson of the Supreme Court of Hawaii, and a Fulbright
Teaching Assistant to the Slovak Republic.
ALAN D. WEISS: admitted: Florida (1994); United States District Court for the Southern

District of Florida. Education: Tufts University (B.A., economics, 1985; M.A., economics
1988); University of Miami School of Law (J.D. 1993). Prior to joining the firm, Mr.
Weiss was a Vice President and Financial Advisor for a major Wall Street brokerage
firm. Previously, Mr. Weiss ran his own broker-dealer where he was an options trader
for eight years and through which he became the portfolio manager of an options
arbitrage based hedge fund. Mr. Weiss started his law career in Hollywood, Florida
where he represented investors who were harmed by fraudulent or unsuitable
investments, against major Wall Street brokerage firms. His primary area of practice is
securities class action litigation.

Exhibit A
45

43

WOLF HALDENSTEN ADLER FREEMAN & HERZ LL
PRevDNG EXEMPLARY LEGAL SERVICE SiNCE

888

GITI BAGHBAN: admitted: New York; California; United States District Court for the

Southern District of New York. Education: Barnard College (B.A., Economics, 1998);
Cornell Law School (J.D. 2007), where she was a general editor of the Journal of Law and
Public Policy.
LYDIA A. KEANEY: admitted: New York (2008), United States District Court for the

Southern District of New York (2009). Education: Temple University (WA. magna curn
laude, Phi Beta Kappa, English, 2004); University of Pennsylvania Law School (J,D.
2007), where she was a Production Editor of the University of Pennsylvania Journal of
Constitutional Law. Prior to joining Wolf Haldenstein, Ms. Keaney was an associate at
SNR Denton US LLP, where her practice focused on complex commercial litigation with
an emphasis on class actions. She also has experience in commercial arbitrations,
constitutional law, and appellate practice.
BETH LANDES: admitted: New York (2011). Education: Connecticut College (B.A.,
Philosophy, 2005); Duke University Law School (J.D., 2010). Ms. Landes’ primary areas
of focus are securities, derivative and ERISA litigation.
MAJA LUKIC: admitted: New York (2011).
Education: Memorial University of
Newfoundland (B.F.A., Theater, 2007); Cornell Law School (J.D. 2010), where she served
as an Articles Editor on the Cornell Law Review.

PATRICK DONOVAN: admitted: New York (2012). Education: Jona College (B.A.,
Business Management, 2007); St. John’s University School of Law (J.D., 2011). Mr.
Donovan’s primary areas of focus are securities, derivative and M&A litigation.

Exhibit A
46

WoLF HALDENSTEHN ADLER FREEMAN & HERZ LLP
PRoVDNG EXEMPLARY LEGAL

SvcE ScE

888

WOLF HALDENSTEIN PARTNERS WHO REGULARLY
PROVIDE THEIR NONLITIGATION EXPERflSE TO CLASS
ACTION LIGAT1ON MATTERS

CHARLES H. BALLER: admitted: New York.

Education: New York University (B.S.,
magna cum laude, 1954); Columbia University (LL.B., 1957); New York University
(LLM., Taxation, 1962). Beta Gamma Sigma; Beta Alpha Psi. Harlan Fiske Stone
Scholar. Co-Editor and Contributing Author, April, 1981, with 1986 Supplement,
Business Acquisitions, Practicing Law Institute. Member: The Association of the Bar of
the City of New York; New York State and American Bar Associations. Mr. Baller has
worked in the office of Chief Counsel, Internal Revenue Service (Interpretative
Division). A lecturer and author for the Practicing Law Institute (co-editor of the
reference work Business Acquisitions: Planning and Practice), Mr. Bailer is a corporate and
tax attorney with extensive expertise in mergers and acquisitions, complex estate
planning (particularly relating to corporate and business holdings), and employee
benefits and compensation, including ERISA.
ERIC B. LEVINE: admitted: New York; U.S. Courts of Appeals for the Second and
Eleventh Circuits; U.S. District Courts for the Southern and Eastern Districts of New
York, and Eastern District of Michigan; U.S. Tax Court. Education: State University of
New York at Buffalo (B.A., summa cum laude, 1974); University of Pennsylvania (J.D.,
cum laude, 1977). Order of the Coif, Phi Beta Kappa. Associate Editor, University of
Pennsylvania Law Review, 1976-1977. Member: The Association of the Bar of the City of
New York; New York State Bar Association. Mr. Levine’s practice focuses on complex
commercial and civil litigation, including in the area of bankruptcy and receivership
litigation, creditors’ rights, and lender liability.
MARK C. SILVERSTEIN: admitted: New York. Education: State University of New

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

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

Exhibit A
47

45

VVOLF HALDENSTEN ADLER FREEMAN & HERZ LLP
PRovDNG EXEMPLARY LEGAL SvcE

SINcE

888

Wolf Haldenstein does not discriminate or tolerate harassment against any employee or
applicant because of race, creed, color, national origin, sex, age, disability, marital
status, sexual orientation, or alienage or citizenship status and designs its hiring
practices to ensure that minority group members and women are afforded equal
employment opportunities without discrimination. The Firm is in compliance with all
applicable Federal, State, County, and City equal employment opportunity laws.
Wolf Haldenstein is proud of its long history of support for the rights of, and
employment opportunities for, women, the disadvantaged, and minority group
persons, including the participation in civil rights and voter registration activities in the
South in the early 1960s by partners of the Firm; the part-time employment of
disadvantaged youth through various public school programs; the varied pro bono
activities performed by many of the Firm’s lawyers; the employment of many women
and minority group persons in various capacities at the Firm, including at the partner
level; the hiring of ex-offenders in supported job training programs; and the use of
minority and women-owned businesses to provide services and supplies to the Firm.

270 MADISON AVENUE
NEW YORK, NY ooe
TELEPHONE: 2I25454600
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SYMPHONY TOWERS
750 B STREET, SUITE 2770
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TELECopER: 6l92344599

55 WEST MONROE STREET
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CHICAGO, IL 60603
312984000O
TELEcoPER: 3129840001
rELEPH0NE:

Exhibit A
46
48
WOLF HALDENSTEN ADLER FREEMAN & HERZ LLP
PRoVDNG

EXEMPLARY LEGAL SERvIcE SNcE

888