Lalo v. Apple, Inc et al

Filing 45

Recommendation that Milberg LLP be Appointed Interim Class Counsel, Submitted Pursuant to 36 Court Order Dated March 15, 2011 filed by Anthony Chiu. (Attachments: # 1 Declaration, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C, # 5 Exhibit D, # 6 Exhibit E, # 7 Exhibit F, # 8 Exhibit G, # 9 Exhibit H, # 10 Exhibit I, # 11 Proposed Order)(Related document(s) 36 ) (Westerman, Jeff) (Filed on 3/25/2011) Modified text on 4/4/2011 (dhm, COURT STAFF).

Lalo v. Apple, Inc et al

Doc. 45 Att. 7

EXHIBIT F

Dockets.Justia.com

Security Class Action Services
The Top SCAS 50 for 2010
Securities Class Action Services is pleased to present the "SCAS 50" for the year 2010. The SCAS 50 lists the top 50 plaintiffs' law firms ranked by the total dollar amount of final securities class action settlements occurring in 2010 in which the law firm served as lead or co-lead counsel.
Rank 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Law Firm Bernstein Litowitz Berger & Grossmann Robbins Geller Rudman & Dowd Labaton Sucharow Hargrove Pierson & Brown Marcus & Auerbach Grant & Eisenhofer Chimicles & Tikellis Chitwood Harley Harnes Lowey Dannenberg Cohen & Hart Pomerantz Haudek Grossman & Gross The Nygaard Law Firm Berman DeValerio Milberg Cunningham Bounds Wolf Popper Barroway Topaz Kessler Meltzer & Check Wolf Haldenstein Adler Freeman & Herz Hahn Loeser & Parks Maurice Blackburn Nix, Patterson & Roach Hagens Berman Sobol Shapiro Stull Stull & Brody Cohen Milstein Sellers & Toll Blitz Bardgett & Deutsch Kirby McInerney Lovell Stewart Halebian Stamell & Schager Ernst & Mattison Settlement Total $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ 999,975,838 740,796,000 576,359,800 549,250,000 549,250,000 315,525,000 290,000,000 252,000,000 238,500,000 225,000,000 200,000,000 138,250,000 137,506,000 133,500,000 119,012,500 113,005,550 105,862,500 97,500,000 97,031,000 80,000,000 69,868,000 65,730,000 64,000,000 60,000,000 50,125,000 50,000,000 50,000,000 45,000,000 # of Settlements 16 31 13 1 1 9 2 2 2 1 1 3 9 2 3 6 3 1 1 1 3 3 5 1 5 1 1 1 $ $ $ Average 62,498,490 23,896,645 44,335,369

$ 549,250,000 $ 549,250,000 $ 35,058,333

$ 145,000,000 $ 126,000,000 $ 119,250,000 $ 225,000,000 $ 200,000,000 $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ 46,083,333 15,278,444 66,750,000 39,670,833 18,834,258 35,287,500 97,500,000 97,031,000 80,000,000 23,289,333 21,910,000 12,800,000 60,000,000 10,025,000 50,000,000 50,000,000 45,000,000

ISS | Institutional Shareholder Services Inc.

29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50

Gianelli & Morris Law Offices of Ronald A. Marron Kaplan Fox & Kilsheimer Siskinds Motley Rice Datsopoulos MacDonald & Lind Knight, Dahood, Everett & Sievers McGarvey, Heberling, Sullivan & McGarvey Morrison & Frampton Glancy Binkow & Goldberg Maurice Blackburn Cashman Gordon Thomas Honeywell Malanca Peterson & Daheim Sutts Strosberg Berger & Montague Camp Fiorante Matthews Kahn Swick & Foti Entwistle & Cappucci Carella, Byrne, Cecchi, Olstein, Brody & Agnello Law Offices of Bernard M. Gross Susman Godfrey Robbins Umeda Izard Nobel

$ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $

45,000,000 45,000,000 43,000,000 42,944,934 40,000,000 39,280,000 39,280,000 39,280,000 39,280,000 36,990,000 36,176,017 33,368,000 33,301,760 32,466,000 26,644,800 24,850,000 22,500,000 19,500,000 18,000,000 16,500,000 16,000,000 15,500,000

1 1 1 6 1 1 1 1 1 4 1 1 2 3 1 3 1 1 1 1 1 1

$ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $

45,000,000 45,000,000 43,000,000 7,157,489 40,000,000 39,280,000 39,280,000 39,280,000 39,280,000 9,247,500 36,176,017 33,368,000 16,650,880 10,822,000 26,644,800 8,283,333 22,500,000 19,500,000 18,000,000 16,500,000 16,000,000 15,500,000

Firms by Settlements
Rank 1 2 3 4 5 SCAS 50 Rank 2 1 3 6 13 Law Firm Robbins Geller Rudman & Dowd Bernstein Litowitz Berger & Grossmann Labaton Sucharow Grant & Eisenhofer Milberg Settlement Total $ $ $ $ $ 874,296,000 999,975,838 576,359,800 315,525,000 137,506,000 # of Settlements 33 16 13 9 9 Average $ 26,493,818 $ 62,498,490 $ 44,335,369 $ 35,058,333 $ 15,278,444

ISS | Institutional Shareholder Services Inc.

Securities Class Action Services
he SCAS 50 for 2009 f

Securities Class Action Services is pleased to present the "SCAS 50" for the year 2009. The SCAS 50 lists the top 50 plaintiffs' law firms ranked by the total f ff dollar amount of final securities class action settlements occurring in 2009 in which the law firm served as lead or co-lead counsel.

The SCAS 50 for 2009
ank
1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 22 22 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 41 43 44 45 46 47 48 49 50

Law Firm
Coughlin Stoia Geller Rudman & Robbins Milberg Bernstein Liebhard Barroway Topaz Kessler Meltzer & Check T Barrack, Rodos & Bacine Grant & Eisenhofer f Berman DeValerio V Bernstein Litowitz Berger & Grossmann Johnson & Perkinson Stull Stull & Brody Wolf Haldenstein Adler Freeman & Herz Howard B. Sirota, Esq. Kaplan Fox & Kilsheimer Berger & Montague Labaton Sucharow Nix, Patterson, & Roach Patton Roberts Abraham, Fruchter & Twersky T Kohn Swift & Graf f Gold Bennett Cera & Sidener Motley Rice Lovell Stewart Halebian Jacobson Sonn & Erez Stamell & Schager Zwerling Schachter & Zwerling Chitwood Harley Harnes Cohen Milstein Sellers & Toll T Glancy Binkow & Goldberg Reginald H. Howe Brower Piven Izard Nobel Saxena White Murray, Frank & Sailer y Pomerantz Haudek Block Grossman & Gross Kozyak Tropin Throckmorton Wolf Popper Kahn Swick & Foti Scott & Scott Hagens Berman Sobol Shapiro Carney Williams Bates Bozeman & Pulliam Richardson Patrick Westbrook & Brickman Ruppel & Burns Finkelstein Thompson Pinkerton & Finn Lowey Dannenberg Cohen Rosen Law Firm Dietrich Siben Thorpe Entwistle & Cappucci Weiss & Lurie Krislov & Associates

Settlement Total T
$1,580,599,000 $1,440,849,996 $1,018,499,996 $889,094,996 $887,250,000 $863,500,000 $767,900,000 $764,375,000 $750,000,000 $669,774,996 $593,249,996 $585,999,996 $547,544,000 $508,050,000 $447,750,000 $285,198,500 $195,098,500 $80,225,000 $78,000,000 $61,275,000 $51,000,000 $50,000,000 $50,000,000 $50,000,000 $46,850,000 $45,400,000 $45,000,000 $32,750,000 $29,250,000 $29,000,000 $28,000,000 $21,249,000 $20,650,000 $20,000,000 $18,500,000 $15,250,000 $12,356,827 $12,050,000 $12,000,000 $10,250,000 $9,600,000 $9,600,000 $9,500,000 $8,500,000 $8,000,000 $7,750,000 $7,500,000 $7,250,000 $7,100,000 $7,000,000

# of Settlements
34 10 4 15 6 6 4 14 1 4 3 1 7 3 6 3 2 3 2 1 4 1 1 1 2 2 4 6 1 2 4 2 1 1 2 2 2 4 2 1 1 1 1 1 1 3 1 1 2 1

Average
$46,488,206 $144,085,000 $254,624,999 $59,273,000 $147,875,000 $143,916,667 $191,975,000 $54,598,214 $750,000,000 $167,443,749 $197,749,999 $585,999,996 $78,220,571 $169,350,000 $74,625,000 $95,066,167 $97,549,250 $26,741,667 $39,000,000 $61,275,000 $12,750,000 $50,000,000 $50,000,000 $50,000,000 $23,425,000 $22,700,000 $11,250,000 $5,458,333 $29,250,000 $14,500,000 $7,000,000 $10,624,500 $20,650,000 $20,000,000 $9,250,000 $7,625,000 $6,178,414 $3,012,500 $6,000,000 $10,250,000 $9,600,000 $9,600,000 $9,500,000 $8,500,000 $8,000,000 $2,583,333 $7,500,000 $7,250,000 $3,550,000 $7,000,000

RiskMetrics Group

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Securities Class Action Services

Firms by Settlements
Rank
1 2 3 4 5

SCAS 50 Rank
1 4 8 2 13

Law Firm
Coughlin Stoia Geller Rudman & Robbins Barroway Topaz Kessler Meltzer & Check T Bernstein Litowitz Berger & Grossmann Milberg Kaplan Fox & Kilsheimer

Settlement Total T
$1,580,599,000 $889,094,996 $764,375,000 $1,440,849,996 $547,544,000

# of Settlements
34 15 14 10 7

Average
$46,488,206 $59,273,000 $54,598,214 $144,085,000 $78,220,571

Firms by Settlement Average (*Firms had to have a minimum of 3 settlements)
Rank
1 2 3 4 5

SCAS 50 Rank
3 11 7 14 10

Law Firm
Bernstein Liebhard Wolf Haldenstein Adler Freeman & Herz Berman DeValerio V Berger & Montague Stull Stull & Brody

Settlement Total T
$1,018,499,996 $593,249,996 $767,900,000 $508,050,000 $669,774,996

# of Settlements
4 3 4 3 4

Average
$254,624,999 $197,749,999 $191,975,000 $169,350,000 $167,443,749

Methodology
We created the SCAS 50 using data from the SCAS database, which tracks, among many other things, federal and state shareholder class actions. We also conf tacted each law firm to seek confirmation of the settlement data pertaining to that firm. The SCAS 50 does not include data on ERISA or derivative lawsuits. The SCAS 50 reflects only those final settlements that resulted in the creation of a settlement fund on behalf of shareholders. Cases which resulted in no settlement fund being created, but instead had only non-monetary settlement terms (such as corporate governance changes, changes in the terms of a merger, etc.) are not included. Further information on such settlements can be found in the SCAS database. r f f The SCAS 50 credits law firms that served as lead or co-lead counsel in a case with the entire settlement fund, regardless of how many other firms served as lead or co-lead counsel in the case. Thus, for a settlement of $1,000,000 dollars where there were two lead counsel, the SCAS 50 credits both law firms f with a $1,000,000 settlement rather than dividing the settlement fund in half. For purposes of this report, law firms are considered to be lead or co-lead f counsel if they are identified as such in the notice of settlement distributed to shareholders.

Terminology
SETTLEMENT TOTAL is the total dollar value of all final settlements occurring in 2009 in which the law firm served as lead or co-lead counsel, and where T a settlement fund resulted. # of SETTLEMENTS is the total number of final settlements occurring in 2009 in which the law firm served as lead or co-lead counsel, and where a settlement fund resulted. A AVERAGE is the SETTLEMENT TOTAL divided by the # of SETTLEMENTS. T

For further information, please contact Adam Savett, Director of Securities Class Action Services, at [phone] or via email [e-mail]
Copyright © 2010 by RiskMetrics Group. All rights reserved. No part of this publication may be reproduced or transmitted in any form or by any means, electronic or mechanical, including photof copy, recording, or any information storage and retrieval system, without permission in writing from the publisher. Requests for permission to make copies of any part of this work should be sent f f to: RiskMetrics Group Marketing Department One Chase Manhattan Plaza, 44th Floor, New York, NY 10005 RiskMetrics Group is a trademark used herein under license. r Y

RiskMetrics Group

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Securities Class Action Services
The SCAS 100 for Q2 2010

The SCAS "Top 100 Settlements Quarterly Report" identifies the largest securities class action settlements filed after the passage of the Private Securities Litigation Reform Act of 1995, ranked by the total value of the settlement fund.
The Top 100 Settlements Quarterly Report provides a wealth of information, including the settlement date, filing court and settlement fund, as well as identifies the key players for each settlement. The report, which is updated and circulated quarterly, is broken down into the following categories:

Top 100 Settlements Quarterly Report
The Front Page provides the complete list of the Top 100 Securities Class Action Settlements, ranked according to the Total Settlement Amount, and provides information on the filing court, settlement year and settlement fund. The SCAS Top 100 does not include non-US cases and the SEC disgorgements. Cases with the same settlement amount are given the same ranking. For cases with multiple partial settlements, the amount indicated in the Total Settlement Amount is put together by combining all partial settlements. The settlement year reflects the most recent settlement approved by the Court. Cases in the Top 100 settlements are limited to those that have been filed on or after January 1, 1996. Only final settlements are included. Data on SEC settlements are not included, but rather compiled in a separate list--The Top 30 SEC Disgorgements.

Top 100 Settlements from 1996-2010
The Top 100 Settlements from 1996-2010 section provides a chart of the cases in the Top 100 Settlements Quarterly Report, categorized by Settlement Year. The Settlement Year corresponds to the year in which the hearing to grant final approval to the settlement, or the most recent partial settlement, occurred.

Institutional Lead Plaintiff Participation
The Inst. Lead Plaintiff section displays the number of cases in the Top 100 involving Institutional Lead Plaintiffs and also identifies the institutional investors serving as Institutional Lead Plaintiff.

Lead Counsel Participation
The Lead Counsel Participation section lists the law firms that served as lead or co-lead counsel for each litigation in the Top 100 settlements and identifies the most frequent lead or co-lead counsel appearing in the Top 100.

Claims Administration
The Claims Administration section lists the claims administrators who have handled the Top 100 settlements and identifies the most frequent claims administrators in the Top 100.

Restatements
The Restatements section identifies the cases in the Top 100 involving accounting restatements, and shows the ratio of restatement cases to non-restatement cases in the Top 100.

Top 30 SEC Disgorgements
The Top 30 SEC Disgorgements section provides a list of the largest SEC settlements, ranked according to the Total Settlement Amount. The Total Settlement Amount reflects the sum of disgorgement and civil penalties in settlements reached with the SEC. The Top 30 SEC Disgorgements includes only those where the distribution plan has received final approval. Cases with the same settlement amount are given the same ranking.

issgovernance.com

1

Securities Class Action Services

Lead Counsel Participation

30

25

20

15

10

5

0 Barrack Rodos & Bacine # of Cases 10 Grant & Eisenhofer 10

Robbins Geller Rudman & Dow d** 14

Bernstein Litow itz Berger & Grossmann 27

Milberg* 28

* Includes 15 cases settled by Milberg Weiss Bershad Hynes & Lerach, 6 cases settled by Milberg Weiss Bershad & Schulman, 3 cases settled by Milberg Weiss & Bershad, 1 case settled by Milberg Weiss, and 3 cases settled by Milberg ** Includes 1 case settled by Lerach Coughlin Stoia & Robbins, 8 cases settled by Lerach Coughlin Stoia Geller Rudman & Robbins, and 5 cases settled by Coughlin Stoia Geller Rudman & Robbins

14

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Securities Class Action Services
The SCAS 100 for Q1 2010

The SCAS "Top 100 Settlements Quarterly Report" identifies the largest securities class action settlements filed after the passage of the Private Securities Litigation Reform Act of 1995, ranked by the total value of the settlement fund.
The Top 100 Settlements Quarterly Report provides a wealth of information, including the settlement date, filing court and settlement fund, as well as identifies the key players for each settlement. The report, which is updated and circulated quarterly, is broken down into the following categories:

Top 100 Settlements Quarterly Report
The Front Page provides the complete list of the Top 100 Securities Class Action Settlements, ranked according to the Total Settlement Amount, and provides information on the filing court, settlement year and settlement fund. The SCAS Top 100 does not include non-US cases and the SEC disgorgements. Cases with the same settlement amount are given the same ranking. For cases with multiple partial settlements, the amount indicated in the Total Settlement Amount is put together by combining all partial settlements. The settlement year reflects the most recent settlement approved by the Court. Cases in the Top 100 settlements are limited to those that have been filed on or after January 1, 1996. Only final settlements are included. Data on SEC settlements are not included, but rather compiled in a separate list--The Top 30 SEC Disgorgements.

Top 100 Settlements from 1996-2010
The Top 100 Settlements from 1996-2010 section provides a chart of the cases in the Top 100 Settlements Quarterly Report, categorized by Settlement Year. The Settlement Year corresponds to the year in which the hearing to grant final approval to the settlement, or the most recent partial settlement, occurred.

Institutional Lead Plaintiff Participation
The Inst. Lead Plaintiff section displays the number of cases in the Top 100 involving Institutional Lead Plaintiffs and also identifies the institutional investors serving as Institutional Lead Plaintiff.

Lead Counsel Participation
The Lead Counsel Participation section lists the law firms that served as lead or co-lead counsel for each litigation in the Top 100 settlements and identifies the most frequent lead or co-lead counsel appearing in the Top 100.

Claims Administration
The Claims Administration section lists the claims administrators who have handled the Top 100 settlements and identifies the most frequent claims administrators in the Top 100.

Restatements
The Restatements section identifies the cases in the Top 100 involving accounting restatements, and shows the ratio of restatement cases to non-restatement cases in the Top 100.

Top 30 SEC Disgorgements
The Top 30 SEC Disgorgements section provides a list of the largest SEC settlements, ranked according to the Total Settlement Amount. The Total Settlement Amount reflects the sum of disgorgement and civil penalties in settlements reached with the SEC. The Top 30 SEC Disgorgements includes only those where the distribution plan has received final approval. Cases with the same settlement amount are given the same ranking.

www.riskmetrics.com

1

Securities Class Action Services

Lead Counsel Participation

30

25

20

15

10

5

0 Barrack Rodos & Robbins Geller Grant & Eisenhofer Bacine Rudman & Dow d** # of Cases 10 10 14

Bernstein Litow itz Berger & Grossmann 27

Milberg* 28

* Includes 15 cases settled by Milberg Weiss Bershad Hynes & Lerach, 6 cases settled by Milberg Weiss Bershad & Schulman, 3 cases settled by Milberg Weiss & Bershad, 1 case settled by Milberg Weiss, and 3 cases settled by Milberg ** Includes 1 case settled by Lerach Coughlin Stoia & Robbins, 8 cases settled by Lerach Coughlin Stoia Geller Rudman & Robbins, and 5 cases settled by Coughlin Stoia Geller Rudman & Robbins

14

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Securities Class Action Services
The SCAS 100 for Q4 2009

The SCAS "Top 100 Settlements Quarterly Report" identifies the largest securities class action settlements filed after the passage of the Private Securities Litigation Reform Act of 1995, ranked by the total value of the settlement fund.
The Top 100 Settlements Quarterly Report provides a wealth of information, including the settlement date, filing court and settlement fund, as well as identifies the key players for each settlement. The report, which is updated and circulated quarterly, is broken down into the following categories:

Top 100 Settlements Quarterly Report
The Front Page provides the complete list of the Top 100 Securities Class Action Settlements, ranked according to the Total Settlement Amount, and provides information on the filing court, settlement year and settlement fund. The SCAS Top 100 does not include non-US cases and the SEC disgorgements. Cases with the same settlement amount are given the same ranking. For cases with multiple partial settlements, the amount indicated in the Total Settlement Amount is put together by combining all partial settlements. The settlement year reflects the most recent settlement approved by the Court. Cases in the Top 100 settlements are limited to those that have been filed on or after January 1, 1996. Only final settlements are included. Data on SEC settlements are not included, but rather compiled in a separate list--The Top 30 SEC Disgorgements.

Top 100 1996-2009
The Top 100 1996-2009 section provides a chart of the cases in the Top 100 Settlements Quarterly Report, categorized by Settlement Year. The Settlement Year corresponds to the year in which the hearing to grant final approval to the settlement, or the most recent partial settlement, occurred.

Institutional Lead Plaintiff Participation
The Inst. Lead Plaintiff section displays the number of cases in the Top 100 involving Institutional Lead Plaintiffs and also identifies the institutional investors serving as Institutional Lead Plaintiff.

Lead Counsel Participation
The Lead Counsel Participation section lists the law firms that served as lead or co-lead counsel for each litigation in the Top 100 settlements and identifies the most frequent lead or co-lead counsel appearing in the Top 100.

Claims Administrators
The Claims Administrators section lists the claims administrators who have handled the Top 100 settlements and identifies the most frequent claims administrators in the Top 100.

Top 30 SEC Disgorgements
The Top 30 SEC Disgorgements section provides a list of the largest SEC settlements, ranked according to the Total Settlement Amount. The Total Settlement Amount reflects the sum of disgorgement and civil penalties in settlements reached with the SEC. The Top 30 SEC Disgorgements includes only those where the distribution plan has received final approval. Cases with the same settlement amount are given the same ranking.

www.riskmetrics.com

1

Securities Class Action Services

Lead Counsel Participation

30

25

20

15

10

5

0

Barrack Rodos & Bacine 10

Coughlin Stoia Geller Rudman & Robbins** 14

Bernstein Litow itz Berger & Grossmann 26

Milberg* 29

# of Cases

* Includes 16 cases settled by Milberg Weiss Bershad Hynes & Lerach, 6 cases settled by Milberg Weiss Bershad & Schulman, 3 cases settled by Milberg Weiss & Bershad, 1 case settled by Milberg Weiss, and 3 cases settled by Milberg ** Includes 1 case settled by Lerach Coughlin Stoia & Robbins, 9 cases settled by Lerach Coughlin Stoia Geller Rudman & Robbins, and 4 cases settled by Coughlin Stoia Geller Rudman & Robbins

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