Hibnick v. Google Inc.

Filing 42

Declaration of Gary E. Mason in Support of Preliminary Approval of Class Action Settlement filed byJohn Case, Barry Feldman, Lauren Maytin, Mark Neyer, Andranik Souvalian, Katherine C Wagner, Rochelle Williams. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9)(Related document(s) 41 ) (Mason, Gary) (Filed on 9/3/2010)

Hibnick v. Google Inc.

Doc. 42 Att. 2

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Law Office Of

William B. Rubenstein
________________________________________________________________ 1545 Massachusetts Avenue - AR323 Cambridge, Massachusetts 02138 Telephone: Mobile [phone].909.1447 Email: [e-mail] Facsimile:617.496.4865

FIRM PROFILE PRINCIPAL: WILLIAM B. RUBENSTEIN Background William B. Rubenstein is a Professor of Law at Harvard Law School (affiliation noted for identification purposes only). Rubenstein graduated from Yale College, magna cum laude, in 1982 and from Harvard Law School, magna cum laude, in 1986. He clerked for the Hon. Stanley Sporkin in the U.S. District Court for the District of Columbia following graduation from law school. Before joining the Harvard faculty as a tenured professor in 2007, Rubenstein was a law professor at UCLA School of Law for a decade, and an adjunct faculty member at Harvard, Stanford, and Yale Law Schools while a litigator in private practice during the preceding decade. He is admitted to practice law in the Commonwealth of Massachusetts, the State of California, the Commonwealth of Pennsylvania (inactive), the District of Columbia (inactive), the United States Supreme Court, five U.S. Courts of Appeals, and four U.S. District Courts. Scholarship and Expertise Rubenstein's principal area of scholarship is complex civil litigation, with a special emphasis on class action law. He is the author, co-author, or editor of four books and more than a dozen scholarly articles, as well as many shorter publications. Much of this work concerns various aspects of class action law. Rubenstein is the sole author of the leading national treatise on class action law, Newberg on Class Actions. He also publishes a monthly column entitled, Expert's Corner, in the publication, CLASS ACTION ATTORNEY FEE DIGEST. Rubenstein's work has been excerpted in casebooks on complex litigation. Rubenstein's expertise on procedural matters is recognized by judges, scholars, and lawyers in private practice throughout the country for whom he regularly provides consulting advice and educational training programs. The Judicial Panel on Multidistrict Litigation has invited Rubenstein to present a talk at the MDL Transferee Judges Conference in October 2010 on the topic of "Recent Developments in Class Action Law and Impact on MDL Cases." The American Law Institute selected him to be one of nine law professors in the United States to serve as an Adviser on a Restatement-like project developing the Principles of the Law of Aggregate Litigation. In 2007, Rubenstein was the co-chair of the Class Action Subcommittee of the Mass Torts Committee of the

Dockets.Justia.com

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ABA's Litigation Section. He is on the Advisory Board of the publication, Class Action Law Monitor. Rubenstein often presents continuing legal education programs on class action law at law firms and conferences. Teaching Rubenstein's teaching focuses on procedure and complex litigation. He regularly teaches the basic civil procedure course to first-year law students and a variety of advanced courses on complex litigation, remedies, and federal litigation. Rubenstein has received honors for his teaching activities, including the Rutter Award for Excellence in Teaching, as the best teacher at UCLA School of Law during the 2001-2002 school year, and the John Bingham Hurlbut Award for Excellence in Teaching, as the best teacher at Stanford Law School during the 1996-1997 school year. Litigation Experience ­ Counsel Rubenstein's academic work on class action law runs parallel to his significant career as a litigator. For nearly eight years, he worked as a staff attorney and project director at the national office of the American Civil Liberties Union in New York City. In those capacities, Rubenstein litigated dozens of cases on behalf of plaintiffs pursuing civil rights in state and federal courts throughout the United States; he also oversaw and coordinated hundreds of additional cases being litigated by ACLU affiliates and cooperating attorneys in courts around the country. Since becoming a law professor, Rubenstein has continued to litigate on a regular basis. In the past year, Rubenstein was co-counsel on a case in the United States Supreme Court and is co-counsel in two putative nationwide consumer class actions. Litigation Experience ­ Expert In addition to serving as counsel in complex cases, in the past few years, Rubenstein has been retained as an expert witness in more than 30 class action cases and as an expert consultant in another dozen cases. These cases have been in state and federal courts throughout the United States, including a number of MDL proceedings. Rubenstein been retained to testify as an expert witness on issues ranging from the propriety of class certification, to the reasonableness of settlements and fees. He has been retained by counsel for plaintiffs, for defendants, and for objectors. Summary Rubenstein is one of the leading experts in the United States on class action law and complex litigation, with extensive practice, teaching, and scholarly experience.

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LAW GRADUATE:

BENJAMIN OSBORN

Benjamin Osborn graduated from Harvard Law School in 2010. Mr. Osborn sat for the New York State bar exam in July 2010. He is scheduled to begin work at a law firm in New York City in 2011. In the interim, he is working on class action issues with the Law Office of William B. Rubenstein. Mr. Osborn worked for Rubenstein during his first summer of law school (2008), primarily helping with the drafting and editing of the class action treatise, Newberg on Class Actions. Since that time, he has helped coordinate Rubenstein's work on Newberg on Class Actions, overseeing the efforts of dozens of students involved in this project. Mr. Osborn has also provided research assistance to Rubenstein in numerous cases for which Rubenstein served as an expert witness. In these contexts, Mr. Osborn regularly researches, analyzes, writes about, and edits the writing of others, on a wide variety of class action issues. Mr. Osborn is a Phi Beta Kappa graduate of Michigan State University, with Honors in Mathematics and Philosophy. Following his graduation and before matriculating at Harvard Law School, Mr. Osborn served in the Peace Corps in Guinea.

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WILLIAM B. RUBENSTEIN
1545 Massachusetts Avenue Cambridge, MA 02138 LITIGATION-RELATED EMPLOYMENT LAW OFFICE OF WILLIAM RUBENSTEIN Principal 2007617.496.7320 (P) 617.496.4865 (F) [e-mail]

AMERICAN CIVIL LIBERTIES UNION, NATIONAL OFFICE, NEW YORK NY Project Director and Staff Counsel 1987-1995 Litigated impact cases in federal and state courts throughout the US. Supervised a staff of attorneys at the national office, oversaw work of ACLU attorneys around the country, and coordinated work with private cooperating counsel nationwide. Significant experience in complex litigation practice and procedural issues; appellate litigation; litigation coordination, planning and oversight. HON. STANLEY SPORKIN, U.S. DISTRICT COURT, WASHINGTON DC Law Clerk PUBLIC CITIZEN LITIGATION GROUP, WASHINGTON DC Intern ACADEMIC EMPLOYMENT (for identification purposes) HARVARD LAW SCHOOL, CAMBRIDGE MA Professor of Law Bruce Bromley Visiting Professor of Law Visiting Professor of Law Lecturer in Law Courses: Civil Procedure; Class Action Law; Remedies 20072006-2007 2003-2004, 2005-2006 1990-1996 1986-87 Summer 1985

UCLA SCHOOL OF LAW, LOS ANGELES CA Professor of Law 2002-2007 Acting Professor of Law 1997-2002 Courses: Civil Procedure; Complex Litigation; Remedies Awards: 2002 Rutter Award for Excellence in Teaching Top 20 California Lawyers Under 40, Calif. Law Business (2000) STANFORD LAW SCHOOL, STANFORD CA Acting Associate Professor of Law 1995-1997 Courses: Civil Procedure; Federal Litigation Awards: 1997 John Bingham Hurlbut Award for Excellence in Teaching YALE LAW SCHOOL, NEW HAVEN CT Lecturer in Law BENJAMIN N. CARDOZO SCHOOL OF LAW, NEW YORK NY Visiting Professor 1994, 1995 Summer 2005

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W.B. Rubenstein Resume - September 2010 Page 2

EDUCATION HARVARD LAW SCHOOL, CAMBRIDGE MA J.D., 1986, magna cum laude YALE COLLEGE, NEW HAVEN CT B.A., 1982, magna cum laude Editor-in-Chief, YALE DAILY NEWS SELECTED COMPLEX LITIGATION EXPERIENCE Professional Service " " " " " " Sole Author, NEWBERG ON CLASS ACTIONS (4th ed. updates since 2008 and 5th ed. (forthcoming 20102015)) Adviser, American Law Institute, Project on the Principles of the Law of Aggregate Litigation, Philadelphia, Pennsylvania "Expert's Corner" (Monthly Column), Class Action Attorney Fee Digest, 2007Advisory Board, Class Action Law Monitor (Strafford Publications), 2008Co-Chair, ABA Litigation Section, Mass Torts Committee, Class Action Sub-Committee, 2007 Planning Committee, American Bar Association, Annual National Institute on Class Actions Conference, 2006, 2007 Expert Witness " Retained as an expert witness on common benefit fee issues in MDL proceeding in federal court (In re Vioxx Products Liability Litigation, MDL Docket No. 1657, U.S. Dist. Ct., Eastern District of Louisiana (2010)) Submitted expert witness declaration concerning fee application in securities case (In re Amicas Inc. Shareholder Litigation, Civil Action No. 10-412BLS2, Massachusetts Superior Court (2010)) Submitted an expert witness declaration concerning fee entitlement and enhancement in non-common fund class action settlement (Parkinson v. Hyundai Motor America, Inc., Case No. 06-cv-00345, U.S. Dist. Ct., Central District of California (2010)) Submitted an expert witness declaration concerning class action fee allocation among attorneys (Salvas v. Wal-Mart, Civil Action No. 01-03645, Massachusetts Superior Court (2010)) Submitted an expert witness declaration concerning settlement approval and fee application in wage and hour class action settlement (Salvas v. Wal-Mart, Civil Action No. 01-03645, Massachusetts Superior Court (2010))

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W.B. Rubenstein Resume - September 2010 Page 3

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Submitted an expert witness declaration concerning objectors' entitlement to attorney's fees (Rodriguez v. West Publishing Corp., Case No. CV-05-3222, U.S. Dist. Ct., Central District of California (2010)) Submitted an expert witness declaration concerning fairness of settlement provisions and processes (White v. Experian Information Solutions, Inc., Case No. 05-CV-1070, U.S. Dist. Ct., Central District of California (2010)) Submitted an expert witness declaration concerning attorney's fees in class action fee dispute (Elihu v. Toshiba America Information Systems, Inc., Case No. BC328566, California Superior Court, Los Angeles County, CA (2009)) Submitted an expert witness declaration concerning common benefit fee in MDL proceeding in federal court (In re Genetically Modified Rice Litigation, MDL Docket No. 1811, U.S. Dist. Ct., Eastern District of Missouri (2009)) Submitted an expert witness declaration concerning settlement approval and fee application in national MDL class action proceeding (In re Wal-Mart Wage and Hour Employment Practices Litigation, MDL Docket No. 1735, U.S. District Court for the District of Nevada (2009)) Submitted an expert witness declaration concerning fee application in national MDL class action proceeding (In re Dept. of Veterans Affairs (VA) Data Theft Litigation, MDL Docket No. 1796, U.S. District Court for the District of Columbia (2009)) Submitted an expert witness declaration concerning common benefit fee in mass tort MDL proceeding in federal court (In re Kugel Mesh Products Liability Litigation, MDL Docket No. 1842, U.S. Dist. Ct., District of Rhode Island (2009)) Submitted an expert witness declaration and supplemental declaration concerning common benefit fee in consolidated mass tort proceedings in state court (In re All Kugel Mesh Individual Cases, Master Docket No. PC-2008-9999, Superior Court, State of Rhode Island (2009)) Submitted an expert witness declaration concerning process for selecting lead counsel in complex MDL antitrust class action (In re Rail Freight Fuel Surcharge Antitrust Litigation, MDL Docket No. 1869, U.S. Dist. Ct., District of Columbia (2008)) Retained, deposed, and testified in court as expert witness on procedural issues in complex class action (Hoffman v. American Express, Case No. 2001-022881, California Superior Court, Alameda County, CA (2008)) Submitted an expert witness declaration concerning fee application in wage and hour class action (Warner v. Experian Information Solutions, Inc., Case No. BC362599, California Superior Court, Los Angeles County, CA (2009)) Submitted an expert witness declaration concerning fee application in wage and hour class action (Salsgiver v. Yahoo! Inc., Case No. BC367430, California Superior Court, Los Angeles County, CA (2008))

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Submitted an expert witness declaration concerning fee application in wage and hour class action (Voight v. Cisco Systems, Inc., Case No. 106CV075705, California Superior Court, Santa Clara County, CA (2008)) Retained and deposed as expert witness on fee issues in attorney fee dispute (Stock v. Hafif, Case No. KC034700, California Superior Court, Los Angeles County, CA (2008)) Submitted an expert witness declaration concerning fee application in consumer class action (Nicholas v. Progressive Direct, Civil Action No. 06-141-DLB, U.S. Dist. Ct., E.D. Ky. (2008)) Submitted expert witness declaration concerning procedural aspects of national class action arbitration (Johnson v. Gruma Corp., JAMS Arbitration No. 1220026252 (2007)) Submitted expert witness declaration concerning fee application in securities case (Drulias v. ADE Corp., Civil Action No. 06-11033 PBS, U.S. Dist. Court, D. Mass. (2007)) Submitted expert witness declaration concerning use of expert witness on complex litigation matters in criminal trial (U.S. v. Gallion, et al., No. 07-39 (WOB) U.S. Dist. Court, E. D. Kentucky (2007)) Retained as expert witness on fees matters (Heger v. Attorneys' Title Guaranty Fund, Inc., No. 03-L398, Illinois Circuit Court, Lake County, IL (2007)) Retained as expert witness on certification in statewide insurance class action (Wagner v. Travelers Property Casualty of America, No. 06CV338, Colorado District Court, Boulder County, CO (2007)) Testified as expert witness concerning fee application in common fund shareholder derivative case (In Re Tenet Health Care Corporate Derivative Litigation, Case No. 01098905, California Superior Court, Santa Barbara Cty, CA (2006)) Submitted expert witness declaration concerning fee application in common fund shareholder derivative case (In Re Tenet Health Care Corp. Corporate Derivative Litigation, Case No. CV-03-11 RSWL, U.S. Dist. Court, C.D. California (2006)) Retained as expert witness as to certification of class action (Canova v. Imperial Irrigation District, Case No. L-01273, California Superior Court, Imperial Cty, CA (2005)) Retained as expert witness as to certification of nationwide class action (Enriquez v. Edward D. Jones & Co., Missouri Circuit Court, St. Louis, MO (2005)) Submitted expert witness declaration concerning reasonableness of class certification, settlement, and fees (Baird v. Thomson Elec. Co., Case No. 00-L-000761, Cir. Ct., Mad. Cty, IL (2000)) Submitted expert witness declaration on procedural aspects of international contract litigation filed in court in Korea (Estate of Wakefield v. Bishop Han & Jooan Methodist Church (2002)) Submitted expert witness declaration as to contested factual matters in case involving access to a public forum (Cimarron Alliance Foundation v. The City of Oklahoma City, Case No. Civ. 20011827-C, U.S. Dist. Ct., W. Dist. Oklahoma (2002))

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W.B. Rubenstein Resume - September 2010 Page 5

Expert Consultant " Retained as an expert consultant on class action related issues in mutli-state MDL consumer class action (In re Sony Corp. SXRD Rear Projection Television Marketing, Sales Practices & Prod. Liability Litig., MDL No. 2102, U.S. Dist. Court, S.D. N.Y. (2009)) Retained as an expert consultant on class action certification and related issues in mutli-state MDL consumer class action (In re Teflon Prod. Liability Litig., MDL No. 1733, U.S. Dist. Court, S.D. Iowa (2008)) Retained as an expert consultant/co-counsel on certification of class action in nationwide anti-trust class action (Brantley v. NBC Universal, No.- CV07-06101 CAS (VBKx), U.S. Dist. Court, C.D. California (2008)) Retained as an expert consultant on class action issues in complex multi-jurisdictional construction dispute (Antenucci, et al., v. Washington Assoc. Residential Partner, LLP, et al., Civil No. 08-04194, U.S. Dist. Court, E.D. Pennsylvania (2008)) Retained as an expert consultant on complex litigation issues in multi-jurisdictional class action litigation (McGreevey v. Montana Power Company, No. 08-35137, U.S. Court of Appeals for the Ninth Circuit) Retained as an expert consultant on class action and attorney fee issues in nationwide consumer class action (Figueroa v. Sharper Image, Case No. CV-05-21251, U.S. Dist. Court, S.D. Fla. (2007)) Retained as an expert consultant on attorney's fees issue in complex class action case (Natural Gas Anti-Trust Cases Coordinated Proceedings, D049206, California Court of Appeals, Fourth District (2007)) Retained as an expert consultant on remedies and procedural matters in complex class action (Sunscreen Cases, JCCP No. 4352, California Superior Court, Los Angeles County (2006)) Retained as an expert consultant on complex preclusion questions in petition for review to California Supreme Court (Mooney v. Caspari, Supreme Court of California (2006)) Retained as an expert consultant on attorney fee issues in complex common fund case (In Re Diet Drugs (Phen/Fen) Products Liability Litigation, U.S. Dist. Court, E. D. Pa. (2006)) Retained as an expert consultant on procedural matters in series of complex construction lien cases (In re Venetian Lien Litigation, Supreme Court of the State of Nevada (2005-2006)) Served as an expert consultant on class certification issues in countywide class action (Beauchamp v. Los Angeles Cty. Metropolitan Transp. Authority, Case No. CV-98-00402-CBM, U.S. Dist. Ct., Central Dist. Cal.) Served as an expert consultant on class certification issues in state-wide class action (Williams v. State of California, Case No. 312-236, Cal. Superior Court, San Francisco)

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Served as an exert consultant on procedural aspects of complex welfare litigation (Allen v. Anderson, U.S. Dist. Ct., Central Dist. Cal., appeal dism. as moot, 199 F.3d 1331 (9th Cir. 1999)) Ethics Opinions

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Provided expert opinion on issues of professional ethics in implicated by nationwide class action practice (In re Professional Responsibility Inquiries (2010)) Retained to provide expert opinion on issues of professional ethics implicated by complex litigation matter (In re Professional Responsibility Inquiries (2010)) Provided expert opinion on issues of professional ethics in complex litigation matter (In re Professional Responsibility Inquiries (2007)) Publications on Class Actions & Procedure

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NEWBERG ON CLASS ACTIONS (William B. Rubenstein, Alba Conte, Herbert B. Newberg) (sole author of supplements to 4th edition since 2008 and of 5th ed (forthcoming, 2010-2015)) Supreme Court Roundup, 4 CLASS ACTION ATTORNEY FEE DIGEST 251 (July 2010) SCOTUS Okays Performance Enhancements in Federal Fee Shifting Cases ­ At Least In Principle, 4 CLASS ACTION ATTORNEY FEE DIGEST 135 (April 2010) The Puzzling Persistence of the "Mega-Fund" Concept, 4 CLASS ACTION ATTORNEY FEE DIGEST 39 (February 2010) 2009: Class Action Fee Awards Go Out With A Bang, Not A Whimper, 3 CLASS ACTION ATTORNEY FEE DIGEST 483 (December 2009) Privatizing Government Litigation: Do Campaign Contributors Have An Inside Track?, 3 CLASS ACTION ATTORNEY FEE DIGEST 407 (October 2009) Supreme Court Preview, 3 CLASS ACTION ATTORNEY FEE DIGEST 307 (August 2009) Supreme Court Roundup, 3 CLASS ACTION ATTORNEY FEE DIGEST 259 (July 2009) What We Now Know About How Lead Plaintiffs Select Lead Counsel (And Hence Who Gets Attorneys Fees!) in Securities Cases, 3 CLASS ACTION ATTORNEY FEE DIGEST 219 (June 2009) Beware Of Ex Ante Incentive Award Agreements, 3 CLASS ACTION ATTORNEY FEE DIGEST 175 (May 2009) On What a "Common Benefit Fee" Is, Is Not, and Should Be, 3 CLASS ACTION ATTORNEY FEE DIGEST 87 (March 2009) 2009: Emerging Issues in Class Action Fee Awards, 3 CLASS ACTION ATTORNEY FEE DIGEST 3 (January 2009)

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2008: The Year in Class Action Fee Awards, 2 CLASS ACTION ATTORNEY FEE DIGEST 465 (December 2008) The Largest Fee Award ­ Ever!, 2 CLASS ACTION ATTORNEY FEE DIGEST 337 (September 2008) Why Are Fee Reductions Always 50%?: On The Imprecision of Sanctions for Imprecise Fee Submissions, 2 CLASS ACTION ATTORNEY FEE DIGEST 295 (August 2008) Supreme Court Round-Up, 2 CLASS ACTION ATTORNEY FEE DIGEST 257 (July 2008) Fee-Shifting For Wrongful Removals: A Developing Trend?, 2 CLASS ACTION ATTORNEY FEE DIGEST 177 (May 2008) You Cut, I Choose: (Two Recent Decisions About) Allocating Fees Among Class Counsel, 2 CLASS ACTION ATTORNEY FEE DIGEST 137 (April 2008) Why The Percentage Method?, 2 CLASS ACTION ATTORNEY FEE DIGEST 93 (March 2008) Reasonable Rates: Time To Reload The (Laffey) Matrix, 2 CLASS ACTION ATTORNEY FEE DIGEST 47 (February 2008) The "Lodestar Percentage:" A New Concept For Fee Decisions?, 2 CLASS ACTION ATTORNEY FEE DIGEST 3 (January 2008) Class Action Practice Today: An Overview, in ABA SECTION OF LITIGATION, CLASS ACTIONS TODAY 4 (2008) How Transparent Are Class Action Outcomes?: Empirical Research on the Availability of Class Action Claims Data, in CAN INCREASED TRANSPARENCY IMPROVE THE CIVIL JUSTICE SYSTEM? (tentative title, joint publication of RAND Corporation and UCLA School of Law) (2008) (with Nicholas M. Pace) The Public Role in Private Law Enforcement: Visions from CAFA (forthcoming 2008) Finality in Class Action Litigation: Lessons From Habeas, 82 N.Y.U. L. REV. 791 (2007) The American Law Institute's New Approach to Class Action Objectors' Attorneys Fees, 1 CLASS ACTION ATTORNEY FEE DIGEST 347 (November 2007) The American Law Institute's New Approach to Class Action Attorneys Fees, 1 CLASS ACTION ATTORNEY FEE DIGEST 307 (October 2007) "The Lawyers Got More Than The Class Did!": Is It Necessarily Problematic When Attorneys Fees Exceed Class Compensation?, 1 CLASS ACTION ATTORNEY FEE DIGEST 233 (August 2007) Supreme Court Round-Up, 1 CLASS ACTION ATTORNEY FEE DIGEST 201 (July 2007) On The Difference Between Winning and Getting Fees, 1 CLASS ACTION ATTORNEY FEE DIGEST 163 (June 2007)

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Divvying Up The Pot: Who Divides Aggregate Fee Awards, How, and How Publicly?, 1 CLASS ACTION ATTORNEY FEE DIGEST 127 (May 2007) On Plaintiff Incentive Payments, 1 CLASS ACTION ATTORNEY FEE DIGEST 95 (April 2007) Percentage of What?, 1 CLASS ACTION ATTORNEY FEE DIGEST 63 (March 2007) Lodestar v. Percentage: The Partial Success Wrinkle, 1 CLASS ACTION ATTORNEY FEE DIGEST 31 (February 2007)(with Hirsh) The Fairness Hearing: Adversarial and Regulatory Approaches, 53 U.C.L.A. L. REV. 1435 (2006) (excerpted in THE LAW OF CLASS ACTIONS AND OTHER AGGREGATE LITIGATION 447-449 (Richard A. Nagareda ed., 2009)) Why Enable Litigation? A Positive Externalities Theory of the Small Claims Class Action, 74 U.M.K.C. L. REV. 709 (2006) On What a "Private Attorney General" Is ­ And Why It Matters, 57 VAND. L. REV. 2129(2004) (excerpted in COMPLEX LITIGATION 63-72 (Kevin R. Johnson, Catherine A. Rogers & John Valery White eds., 2009)). The Concept of Equality in Civil Procedure, 23 CARDOZO L. REV. 1865 (2002) (selected for the Stanford/Yale Junior Faculty Forum, June 2001) A Transactional Model of Adjudication, 89 GEORGETOWN L.J. 371 (2000) The Myth of Superiority, 16 CONSTITUTIONAL COMMENTARY 599 (1999) Divided We Litigate: Addressing Disputes Among Clients and Lawyers in Civil Rights Campaigns, 106 YALE L. J. 1623 (1997) (excerpted in COMPLEX LITIGATION 120-123 (1998)) Selected Presentations

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Recent Developments in Class Action Law, MDL Transferee Judges Conference, Palm Beach, Florida, October 26, 2010 (forthcoming) A General Theory of the Class Suit, University of Houston Law Center Colloquium, Houston, Texas, February 3, 2010 Unpacking The "Rigorous Analysis" Standard, ALI-ABA 12th Annual National Institute on Class Actions, New York, New York, November 7, 2008 The Public Role in Private Law Enforcement: Visions from CAFA, University of California (Boalt Hall) School of Law Civil Justice Workshop, Berkeley, California, February 28, 2008 The Public Role in Private Law Enforcement: Visions from CAFA, University of Pennsylvania Law Review Symposium, Philadelphia, Pennsylvania, Dec. 1, 2007

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Current CAFA Consequences: Has Class Action Practice Changed?, ALI-ABA 11th Annual National Institute on Class Actions, Chicago, Illinois, October 17, 2007 Using Law Professors as Expert Witnesses in Class Action Lawsuits, ALI-ABA 10th Annual National Institute on Class Actions, San Diego, California, October 6, 2006 Three Models for Transnational Class Actions, Globalization of Class Action Panel, International Law Association 2006 Conference, Toronto, Canada, June 6, 2006 Why Create Litigation?: A Positive Externalities Theory of the Small Claims Class Action, UMKC Law Review Symposium, Kansas City, Missouri, April 7, 2006 Marks, Bonds, and Labels: Three New Proposals for Private Oversight of Class Action Settlements, UCLA Law Review Symposium, Los Angeles, California, January 26, 2006 Class Action Fairness Act, Arnold & Porter, Los Angeles, California, December 6, 2005 ALI-ABA 9th Annual National Institute on Class Actions, Chicago, Illinois, September 23, 2005 Class Action Fairness Act, UCLA Alumni Assoc., Los Angeles, California, September 9, 2005 Class Action Fairness Act, Thelen Reid & Priest, Los Angeles, California, May 12, 2005 Class Action Fairness Act, Sidley Austin, Los Angeles, California, May 10, 2005 Class Action Fairness Act, Munger, Tolles & Olson, Los Angeles, California, April 28, 2005 Class Action Fairness Act, Akin Gump Strauss Hauer Feld, Century City, CA, April 20, 2005 SELECTED OTHER LITIGATION EXPERIENCE United States Supreme Court

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Co-counsel in constitutional challenge to display of Christian cross on federal land in California's Mojave preserve (Salazar v. Buono, 559 U.S. __ , 130 S. Ct. 1803 (2010)) Co-authored amicus brief filed on behalf of constitutional law professors arguing against constitutionality of Texas criminal law (Lawrence v. Texas, 539 U.S. 558 (2003)) Co-authored amicus brief on scope of Miranda (Illinois v. Perkins, 496 U.S. 292 (1990)) Consumer Class Action

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Co-counsel in putative nationwide class action challenge to privacy concerns raised by Google's Buzz social networking program (In re Google Buzz Privacy Litigation, 5:10-cv-00672-JW, U.S. Dist. Court, N.D. Cal.) (complaint filed Feb. 17, 2010) Disability

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Co-counsel in successful ADA challenge ($500,000 jury verdict) to the denial of health care in emergency room (Howe v. Hull, 874 F. Supp. 779, 873 F. Supp 72 (N.D. Ohio 1994)) Employment

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Co-counsel in challenges to scope of family benefit programs (Ross v. Denver Dept. of Health, 883 P.2d 516 (Colo. App. 1994)); (Phillips v. Wisc. Personnel Com'n, 482 N.W.2d 121 (Wisc. 1992)) Equal Protection

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Co-counsel in (state court phases of) successful challenge to constitutionality of a Colorado ballot initiative, Amendment 2 (Evans v. Romer, 882 P.2d 1335 (Colo. 1994)) Co-counsel (and amici) in challenges to rules barring military service by gay people (Able v. United States, 44 F.3d 128 (2d Cir. 1995); Steffan v. Perry, 41 F.3d 677 (D.C. Cir. 1994) (en banc)) Co-counsel in challenge to the constitutionality of the Attorney General of Georgia's firing of staff attorney (Shahar v. Bowers, 120 F.3d 211 (11th Cir. 1997)) Fair Housing

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Co-counsel in successful Fair Housing Act case on behalf of group home (Hogar Agua y Vida En el Desierto v. Suarez-Medina, 36 F.3d 177 (1st Cir. 1994)) Family Law

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Co-counsel in challenge to constitutionality of Florida law limiting adoption (Cox v. Florida Dept. of Health and Rehab. Srvcs., 656 So.2d 902 (Fla. 1995)) Co-authored amicus brief in successful challenge to Hawaii ban on same-sex marriages (Baehr v. Lewin, 852 P.2d 44 (Haw. 1993)) First Amendment

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Co-counsel in successful challenge to constitutionality of Alabama law barring state funding for university student groups (GLBA v. Sessions, 930 F.Supp. 1492 (M.D. Ala. 1996)) Co-counsel in successful challenge to content restrictions on grants for AIDS education materials (Gay Men's Health Crisis v. Sullivan, 792 F.Supp. 278 (S.D.N.Y. 1992))

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Landlord / Tenant " Lead counsel in successful challenge to rent control regulation (Braschi v. Stahl Associates Co., 544 N.E.2d 49 (N.Y. 1989)) Police Co-counsel in case challenging DEA brutality (Anderson v. Branen, 27 F.3d 29 (2nd Cir. 1994)) Racial Equality " Co-authored amicus brief for constitutional law professors challenging constitutionality of Proposition 209 (Coalition for Economic Equity v. Wilson, 110 F.3d 1431 (9th Cir. 1997)) SELECTED OTHER PUBLICATIONS Editorials " " " " " " Follow the Leaders, NEW YORK TIMES, March 15, 2005 Play It Straight, NEW YORK TIMES, October 16, 2004 Hiding Behind The Constitution, NEW YORK TIMES, March 20, 2004 Toward More Perfect Unions, NEW YORK TIMES, November 20, 2003 (with Brad Sears) Don't Ask, Don't Tell. Don't Believe It, NEW YORK TIMES, July 20, 1993 AIDS: Illness and Injustice, WASH. POST, July 26, 1992 (with Nan D. Hunter)

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BAR ADMISSIONS " " " " " " " " " " " " " " Massachusetts (2008) California (2004) District of Columbia (1987) (inactive) Pennsylvania (1986) (inactive) U.S. Supreme Court (1993) U.S. Court of Appeals for the D.C. Circuit (1993) U.S. Court of Appeals for the First Circuit (2010) U.S. Court of Appeals for the Fifth Circuit (1989) U.S. Court of Appeals for the Ninth Circuit (2004) U.S. Court of Appeals for the Eleventh Circuit (1993) U.S. District Courts for the Central District of California (2004) U.S. District Court for the District of the District of Columbia (1989) U.S. District Court for the District of Massachusetts (2010) U.S. District Court for the Northern District of California (2010)