Campbell et al v. Facebook Inc.

Filing 138

MOTION to Certify Class filed by Matthew Campbell, Michael Hurley. Motion Hearing set for 3/16/2016 09:00 AM in Courtroom 3, 3rd Floor, Oakland before Hon. Phyllis J. Hamilton. Responses due by 1/15/2016. Replies due by 2/19/2016. (Attachments: # 1 Declaration of Michael W. Sobol, # 2 Declaration of Hank Bates, # 3 Declaration of David T. Rudolph, # 4 Declaration of Melissa Gardner, # 5 Proposed Order)(Sobol, Michael) (Filed on 11/13/2015)

1
2
3
4
5
6

Michael W. Sobol (State Bar No. 194857)
[e-mail]
David T. Rudolph (State Bar No. 233457)
[e-mail]
Melissa Gardner (State Bar No. 289096)
[e-mail]
LIEFF CABRASER HEIMANN & BERNSTEIN, LLP
275 Battery Street, 29th Floor
San Francisco, CA 94111-3339
Telephone: [phone]
Facsimile: 415.956.1008

7
8
9
10
11
12

Hank Bates (State Bar No. 167688)
[e-mail]
Allen Carney
[e-mail]
David Slade
[e-mail]
CARNEY BATES & PULLIAM, PLLC
11311 Arcade Drive
Little Rock, AR 72212
Telephone: [phone]
Facsimile: 501.312.8505

13
Attorneys for Plaintiffs and the Proposed Class
14
15

UNITED STATES DISTRICT COURT

16

NORTHERN DISTRICT OF CALIFORNIA

17

OAKLAND DIVISION

18
19
20

MATTHEW CAMPBELL and MICHAEL
HURLEY, on behalf of themselves and all
others similarly situated,
Plaintiffs,

21
22

v.

23

FACEBOOK, INC.,

24

Case No. 13-cv-5996 PJH (MEJ)
DECLARATION OF HANK BATES IN
SUPPORT OF PLAINTIFFS’ MOTION
FOR CLASS CERTIFICATION
Date:
Time:
Judge:
Place:

March 16, 2016
9:00 a.m.
Hon. Phyllis J. Hamilton
Courtroom 3, 3rd Floor

Defendant.

25
26
27
28
DECLARATION OF HANK BATES IN SUPPORT OF PLAINTIFFS’ MOTION FOR CLASS CERTIFICATION
Case No. 13-cv-5996 PJH (MEJ)

1

I, Hank Bates, declare as follows:

2

1.

I am an attorney duly admitted to practice before all the courts of the State of

3

California. I am a partner with the law firm Carney, Bates and Pulliam, PLLC (“CBP”), and I am

4

one of the attorneys of record for Plaintiffs Matthew Campbell and Michael Hurley (“Plaintiffs”).

5

This Declaration is based upon my personal knowledge and is made in support of Plaintiffs’

6

Motion for Class Certification. If called as a witness to this matter, I could truthfully and

7

competently testify as to all matters stated herein.

8
9

BACKGROUND AND EXPERIENCE
2.

I am a 1992 graduate of the Vanderbilt University School of Law. Since 1998, I

10

have almost exclusively represented plaintiffs in complex litigation and consumer protection class

11

actions. I have served as plaintiffs’ class counsel in numerous nationwide consumer class action

12

cases achieving significant recoveries on behalf of my clients.

13

3.

Carney Bates & Pulliam, PLLC is recognized as one of the country’s premier law

14

firms in the areas of consumer protection and data privacy/security class actions. Having served

15

in lead and co-lead positions in dozens of actions, CBP is uniquely qualified to prosecute

16

consumer protection claims. Recently, CBP recovered over $100 million for credit card holders in

17

various actions against Bank of America, Capital One, Chase, Discover and HSBC relating to

18

those banks’ credit card add-on products. After CBP filed these cases, which were the first in the

19

country relating to concerns about the Payment Protection product, the United States’

20

Government’s Consumer Financial Protection Bureau opened investigations into these banks’

21

practices which also resulted in large recoveries. In addition to representing private consumers in

22

class actions, the firm has represented the State of New Mexico in numerous lawsuits against

23

some of the largest financial service companies

24

4.

The firm has positioned itself at the forefront of data security and data privacy

25

litigation. In addition to the instant litigation, we are counsel for the lead plaintiff in In re: Target

26

Corporation Customer Data Security Breach Litigation, 0:14-cmd-02522-PAM-JJK (D. Minn.),

27

where we represent Umpqua Bank and a putative class of financial institution plaintiffs over

28

injuries suffered from one of the largest data breaches in history. We were appointed to the
-2DECLARATION OF HANK BATES IN SUPPORT OF PLAINTIFFS’ MOTION FOR CLASS CERTIFICATION
Case No. 13-cv-5996 PJH (MEJ)

1

Plaintiffs’ Steering Committee in In re: The Home Depot, Inc., Customer Data Security Breach

2

Litigation, 1:14-md-02583-TWT (N.D. Ga.), which is also a putative class action brought on

3

behalf of injured financial institutions in the wake of a massive retailer data breach. We are co-

4

lead counsel in Paul Jensen, et al. v Cablevision Systems Corporation, 2:15-cv-04188-LDW-

5

ARL (E.D.N.Y.), a putative class action alleging violations of the federal Computer Fraud and

6

Abuse Act, arising from the defendant’s practice of providing its residential customers with

7

wireless routers that secretly emit secondary, public Wi-Fi networks over which the individual

8

consumer had no control. We are co-lead counsel in Daniel Matera, et al. v. Google, Inc., 5:15-cv-

9

04062-LHK (N.D. Cal.), a putative class action involving allegations of email interception and violation of

10

state and federal anti-wiretapping laws. We are co-counsel in Michael Levine, et al. v. Sony Pictures

11

Entertainment, Inc., 2:14-cv-09687-RGK-SH (C.D. Cal.), a putative class action brought on

12

behalf of current and former Sony employees whose personal information, along with that of their

13

families, was compromised in a data breach..

14

5.

Attached hereto as Exhibit A is a true and correct copy of my firm’s resume,

15

which provides details of my firm’s practice and achievements, particularly in the class action

16

context.

17
18

CBP’S WORK IN THIS LITIGATION
6.

Prior to filing the underlying complaint in this litigation, my firm, along with

19

Lieff, Cabraser, Heimann & Bernstein, LLP (“LCHB”), thoroughly investigated and researched

20

all potential claims in this action. Based on this research and investigation, on December 30,

21

2013, CBP and LCHB caused a complaint to be filed on behalf of Plaintiffs Campbell and

22

Hurley, and all others similarly situated, against Defendant Facebook, Inc. (“Facebook”), alleging

23

violations of federal and state law based on Defendant’s practice of scanning its users’ private

24

messages, which is styled Campbell et al. v. Facebook, Inc., No. 13-CV-05996 (N.D. Cal.).

25

7.

Since that time, CBP and LCHB have worked successfully with opposing counsel

26

in matters of scheduling and procedural advancement of this matter, including coordinating the

27

consolidation of the related case, Shadpour v. Facebook, No. 14-CV-00307 (N.D. Cal.), which

28

resulted in CBP and LCHB being appointed interim Co-Lead Counsel. Additionally, CBP
-3DECLARATION OF HANK BATES IN SUPPORT OF PLAINTIFFS’ MOTION FOR CLASS CERTIFICATION
Case No. 13-cv-5996 PJH (MEJ)

1

assisted in the drafting of the consolidated amended complaint in this case which was filed on

2

April 25, 2014. After the consolidated amended complaint was filed, CBP has worked actively

3

with LCHB on all aspects of the litigation, including: successfully opposing Defendant’s Motion

4

to Dismiss as to the majority of Plaintiffs’ claims; conducting ongoing factual investigation and

5

legal research on numerous issues; drafting a mediation statement and participating in a

6

mediation; drafting, propounding, and reviewing discovery (as well as drafting multiple letter

7

briefs arising from discovery disputes); and drafting and filing the instant Motion for Class

8

Certification.

9

8.

In sum, as reflected by CBP’s résumé and its efforts to date in this action, CBP

10

consists of attorneys who are well-versed, experienced, and dedicated to prosecuting the claims

11

alleged against Defendant in the best interests of all plaintiffs and the proposed Class. Moreover,

12

CBP can, and will, contribute all necessary resources to this litigation, as well as work

13

cooperatively with other Plaintiffs’ counsel and draw from their resources when appropriate.

14
15
16

I declare under the penalty of perjury under the laws of the United States of America that
the foregoing is true and accurate.
Executed this 13th day of November, 2015 in Little Rock, Arkansas.

17
/s/ Hank Bates
Hank Bates, Esq

18
19
20
21
22
23
24
25
26
27
28
-4-

DECLARATION OF HANK BATES IN SUPPORT OF PLAINTIFFS’ MOTION FOR CLASS CERTIFICATION
Case No. 13-cv-5996 PJH (MEJ)

1
2
3

ATTESTATION PURSUANT TO GENERAL ORDER 45
I, Michael W. Sobol, am the ECF user whose identification and password are being used
to file this Declaration. I hereby attest that Hank Bates has concurred in this filing.

4
5
6

DATED: November 13, 2015
.

/s/ Michael W. Sobol
Michael W. Sobol

7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
ATTESTATION OF MICHAEL W. SOBOL
Case No. 13-cv-5996 PJH (MEJ)

EXHIBIT A

www.cbplaw.com
2800 Cantrell Rd., Suite 510
Little Rock, Arkansas 72202

Table of Contents
The Firm’s Practice and Achievements .............................................................................................. 1
The Firm’s Attorneys ........................................................................................................................... 2
Allen Carney .................................................................................................................................... 2
Hank Bates ....................................................................................................................................... 3
Randall K. Pulliam ........................................................................................................................... 4
Curtis L. Bowman ............................................................................................................................ 5
Tiffany Wyatt Oldham ..................................................................................................................... 6
David Slade ...................................................................................................................................... 7
Leadership Positions............................................................................................................................. 8

ii

The Firm’s Practice and Achievements
Carney Bates & Pulliam, PLLC is a national law firm that represents clients in complex litigation
ranging from data privacy/security to false advertising or deceptive marketing to securities fraud to
environmental hazards. Carney Bates & Pulliam is recognized as one of the country’s premiere firms
in the areas of consumer protection class actions, securities fraud, environmental law and employment
discrimination.
The firm has positioned itself at the forefront of data security and data privacy litigation. Our
attorneys were appointed by the court as co-lead counsel in Matthew Campbell, et al. v. Facebook,
Inc., 4:13-cv-05996-PJH (N.D. Cal.), a putative class action involving allegations of email interception
and violations of federal anti-wiretapping laws. In addition, we are counsel for the lead plaintiff in In
re: Target Corporation Customer Data Security Breach Litigation, 0:14-cmd-02522-PAM-JJK (D.
Minn.), where we represent Umpqua Bank and a putative class of financial institution plaintiffs over
injuries suffered from one of the largest data breaches in history. We have been appointed to the
Plaintiffs’ Steering Committee in In re: The Home Depot, Inc., Customer Data Security Breach
Litigation, 1:14-md-02583-TWT (N.D. Ga.), which is also a putative class action brought on behalf of
injured financial institutions in the wake of a massive retailer data breach. We are co-lead counsel in
Paul Jensen, et al. v Cablevision Systems Corporation, 2:15-cv-04188-LDW-ARL (E.D.N.Y.), a
putative class action alleging violations of the federal Computer Fraud and Abuse Act, arising from the
defendant’s practice of providing its residential customers with wireless routers that secretly emit
secondary, public Wi-Fi networks over which the individual consumer had no control. We are also colead counsel in Daniel Matera, et al. v. Google, Inc., 5:15-cv-04062-LHK (N.D. Cal.), a putative class
action involving allegations of email interception and violation of state and federal anti-wiretapping
laws. We are also co-counsel in Michael Levine, et al. v. Sony Pictures Entertainment, Inc., 2:14-cv09687-RGK-SH (C.D. Cal.), a putative class action brought on behalf of current and former Sony
employees whose personal information, along with that of their families, was compromised in a data
breach.
Beyond bringing suit on behalf of those injured by inadequate data security practices, Carney Bates &
Pulliam is actively involved in building broader relationships with law enforcement and victims’
assistance groups working in the data security space. In August, 2013, working in conjunction with
the National Organization for Victim Assistance, the firm sponsored statewide cybersecurity training
for Arkansas law enforcement and allied professionals, drawing attention to cutting edge criminal
threats and risk mitigation strategies.
The attorneys at Carney Bates & Pulliam are uniquely qualified to prosecute consumer protection
claims. For example, the firm has represented the State of New Mexico in numerous lawsuits against
some of the largest financial service companies in connection with their practice of deceptively
marketing and implementing Payment Protection Plans. Recently, the firm recovered over $100
million for credit card holders in various actions against Bank of America, Capital One, Chase,
Discover and HSBC.
Additionally, our attorneys possess expertise in issues related to complex accounting and financial
fraud cases. The firm’s attorneys include a CPA and a former investment banker with one of the
nation’s largest investment firms. The firm’s reputation for excellence in accounting fraud and other
complex class actions has been recognized on repeated occasions by federal and state court judges who
have appointed the firm to serve as lead or co-lead counsel in numerous cases throughout the country.
In this regard, the firm has successfully represented certain states throughout the country in matters

1

involving securities litigation such as in Mississippi Public Employees Retirement System v. Semtech
and In re Sterling Financial Corporation Securities Class Action, representing Public Employees
Retirement Association of New Mexico and the New Mexico Educational Retirement Board.
The firm has been successful at protecting shareholders in “change-of-control” transactions seeking to
maximize shareholder value. For example, the firm represented shareholders of Nationwide Financial
in a going private transaction, and was able to negotiate more than $200 million for the public
shareholders in the form of an increased share price. In a similar matter, attorneys at the firm
represented shareholders of 7-Eleven and brokered an additional $140 million in the sales price.
Additionally, our attorneys handling environmental litigation possess expert knowledge in issues
related to groundwater and air pollution, toxic exposures, leaking pipelines and underground storage
tanks, oil field contamination, and pesticides. The firm pursues claims against corporate polluters and
governmental agencies on the state, local and federal level. For example, Carney Bates & Pulliam
served as co-lead counsel on behalf of the Quapaw Tribe in a case that involved natural resources
damages to tribe-related lands from lead and zinc mining, which resulted in an $11.5 million
settlement against Asarco, LLC, in addition to confidential settlements with four other mining
companies.
In the employment context, Carney Bates & Pulliam served as co-lead counsel in Nelson v. Wal-Mart
Stores, Inc., 04-00171 (E.D. Ark.), a nationwide race discrimination class action on behalf of AfricanAmerican truck drivers against Wal-Mart that provided $17.5 million in recovery, as well as
significant changes to Wal-Mart’s hiring policies and four years of court supervision of the settlement
terms.
In addition to its strong personnel, Carney Bates & Pulliam is well-capitalized, allowing it to dedicate
considerable resources and to advance expenses on a contingency fee basis to the fullest extent
necessary to achieve the best possible result for class members. As a result of its successful track
record and strong capitalization, the firm enjoys a high level of respect and credibility with the defense
bar and insurance carriers that often defend and insure corporations and their officers and directors.
As a firm, Carney Bates & Pulliam values practicing in a small environment where professional and
personal interaction among the partners, associates, paralegals, accounting staff and other personnel
allow for a true “team approach” to litigation strategy that fosters an energetic exchange of ideas. The
firm believes its size allows for a greater degree of independence, flexibility and satisfaction than a
large firm environment, without sacrificing the quality of representation necessary to achieve
successful results for its clients.

2

The Firm’s Attorneys
ALLEN CARNEY
Mr. Carney is a graduate of the University of Arkansas, earning a degree in Finance. Subsequently,
Mr. Carney graduated from the University of Arkansas at Little Rock School of Law.
Allen Carney concentrates his practice on prosecuting complex litigation on behalf of investors,
consumers and employees. He has extensive experience in nationwide cases, including appointment as
lead counsel in dozens of securities and consumer class actions. He has successfully represented
investors and consumers in cases that achieved cumulative recoveries in the hundreds of millions of
dollars for plaintiffs.
Mr. Carney played a key role in litigating the various Payment Protection actions against the largest
credit card issuers. These actions resulted in significant recoveries for injured consumers. See
Kardonick v. JPMorgan Chase, S.D. Florida, $20 million; Esslinger v. HSBC Bank Nevada, E.D.
Pennsylvania, $23.5 million; In re Discover Credit Card Payment Protection, N.D. Illinois, $10.5
million; In re Bank of America, N.D. California, $20 million; Spinelli v. Capital One; M.D. Florida;
more than $100 million.
Mr. Carney was lead counsel in Semtech Securities Litigation, a federal securities fraud class action
that settled prior to trial achieving a significant recovery for investors. Additionally, he has served as
lead counsel in numerous other federal securities fraud class actions, including In re Lernout &
Hauspie Securities Litigation, No. 00-11589-PBS (D. Mass.) ($115 million settlement); In re
NewPower Securities Litigation, No. 2-CV-1550 (S.D.N.Y.) ($41 million settlement); In re DQE, Inc.
Securities Litigation, No. 01-1851 (W.D. Pa.); In re Ashanti Goldfields Securities Litigation, No. CV00-9717 (DGT) (RML) (E.D.N.Y.); In re Central Parking Corporation Securities Litigation, No. 03CV-0546 M.D. Tenn.); In re Keyspan Securities Litigation, No. CV-01-5852 (ARR) (MDG)
(E.D.N.Y.); Paul Ruble, et. al. v. Rural Metro Corp., et. al., No. CV-99-822-PHX-RGS (D. Ariz.).
Prior to joining the firm, Mr. Carney was a partner with Jack, Lyon & Jones, P.A. in the Little Rock,
Arkansas office, where he practiced extensively in the areas of complex commercial litigation, labor
and employment litigation, and business transactions. Allen was involved in a number of high-profile
cases, including the successful defense of Capital Cities/ABC News in an action brought by Tyson
Foods regarding the secret videotaping of chicken processing plants. He was also a Contributing
Author to "Arkansas Employment Law Letter," published by M. Lee Smith, 1995.
Mr. Carney is licensed to practice law in Arkansas state courts, the United States District Courts for
the Eastern and Western Districts of Arkansas, and the United States Court of Appeals for the Third
and Eighth Circuits. Mr. Carney has argued before the Arkansas Supreme Court. Additionally, Mr.
Carney has appeared in numerous federal and state courts across the nation via admission pro hac vice.

3

HANK BATES
Mr. Bates graduated from Harvard College, where he was a National Merit Scholar. After college, Mr.
Bates attended the University of Manchester, Manchester, Great Britain on a Rotary International
Fellowship and then earned his juris doctorate from Vanderbilt University School of Law, where he
was awarded the Andrew Ewing Scholarship and Order of the Coif and served as Articles Editor of
Vanderbilt Law Review. Following law school, Mr. Bates clerked for the Honorable Danny J. Boggs,
U.S. Court of Appeals, Sixth Circuit.
Mr. Bates focuses his practice on representing consumers, farmers, shareholders, small businesses and
governmental entities in class actions and complex litigation involving environmental law, consumer
fraud, securities fraud, employment issues, computer privacy, and corporate governance.
In the environmental context, Mr. Bates has represented numerous individuals and entire
communities in Arkansas, California, Colorado, Kansas and Oklahoma involving air pollution,
groundwater pollution and toxic exposures resulting in multi-million dollar recoveries and agreements
and court orders requiring remediation of contamination and compliance with applicable
environmental laws and regulations in the future. For example, Mr. Bates, as co-lead counsel for the
Quapaw Tribe of Oklahoma, secured an $11.5 million settlement in a case against Asarco, LLC
involving damage to the Tribe’s land from lead and zinc mining, in addition to confidential settlements
from four other mining companies. Mr. Bates has also represented successfully numerous farmers in
cases involving crop damage by defective pesticides. In addition, he has represented numerous
conservation groups in actions to protect water quality, free-flowing streams from dams, critical
habitat for endangered species and to remediate pollution at decommissioned military sites.
In the consumer fraud context, Mr. Bates was co-lead counsel in Spinelli v. Capital One, M.D. Florida,
which resolved for more than $100 million. Mr. Bates is currently serving as court-appointed lead
counsel in two MDLs involving predatory tax refund loans – In re Liberty Refund Anticipation Loan
Litigation, MDL No. 2334 (N.D. Ill) and In re H&R Block Refund Anticipation Loan Litigation, MDL
No. 2373 (N.D. Ill). Mr. Bates is also lead counsel in several cases against airlines that have violated
international regulations regarding flight delays and cancellations.
Mr. Bates’ employment litigation includes acting as co-lead counsel in a nationwide race
discrimination class action on behalf of African-American truck drivers against Wal-Mart that
provided $17.5 million in recovery, significant changes to Wal-Mart’s hiring policies and four years of
court supervision of the settlement terms.
Mr. Bates is listed in The Best Lawyers in America in the category of Environmental Law and has been
named a “Super Lawyer” (among the top 5 percent of lawyers in Arkansas, Mississippi and
Tennessee) by Mid-South Super Lawyers Magazine in the area of Environmental Litigation.
Mr. Bates is active in the bar, currently serving as Arkansas State Coordinator for Public Justice. In
the past he has served as the Chairman of the Environmental Law Section of the Arkansas Bar
Association and as Vice-Chairman of the American Bar Association’s Committee on Pesticides,
Chemical Regulation, and Right-to-Know. In his community, he currently serves on the Board of
Directors for Arkansas Advocates for Children and Families.
Mr. Bates is licensed to practice in the State of Arkansas, the State of California, the U.S. Court of
Federal Claims, the U.S. Circuit Court of Appeals for the Eighth and Ninth Circuits, the U.S. District
Courts for the Eastern and Western Districts of Arkansas, and the U.S. District Courts for the Northern
and Southern Districts of California.

4

RANDALL K. PULLIAM
Mr. Pulliam graduated from the University of Central Arkansas with a Bachelor of Business
Administration degree, where he was nominated for Outstanding Management Student in the
university's School of Business. Mr. Pulliam later earned his Master of Business Administration
degree from the University of Arkansas, with an emphasis in Finance. Mr. Pulliam earned his juris
doctorate from the University of Arkansas at Little Rock (UALR) School of Law where he received
multiple American Jurisprudence Awards.
Mr. Pulliam has substantial experience in many areas of the securities industry, holding his Series 7
General Securities Representative license. Mr. Pulliam worked for Stephens, Inc. as an Equity Trader
for four years, where he executed in excess of $2 billion in securities transactions each year and
participated in the firm’s underwriting and Initial Public Offering allocation decisions. Prior to
working at Stephens, Mr. Pulliam worked as an investment banker for Crews and Associates, Inc.,
where he was responsible for buying municipal bonds for both individual and institutional investors.
Mr. Pulliam has been appointed lead counsel in dozens of successful class actions relating to consumer
and shareholder protection. Currently, Mr. Pulliam represents the State of New Mexico in a series of
lawsuits asserting causes of actions for violations of the Dodd-Frank Act and state law against seven of
the largest financial institutions in the world. Recently, Mr. Pulliam was co-lead counsel in a series of
consumer class actions related to the practice of credit card companies selling payment protection,
which resulted in significant recoveries for class members. See Kardonick v. JPMorgan Chase & Co.,
S.D. Florida, $20 million; Esslinger v. HSBC Bank Nevada, E.D. Pennsylvania, $23.5 million; In re
Discover Credit Card Payment Protection, N.D. Illinois, $10.5 million; In re Bank of America Credit
Protection Marketing & Sales Practices Litig., N.D. California, $20 million; Spinelli v. Capital One;
M.D. Florida; more than $100 million.
Mr. Pulliam has also represented investors seeking financial recovery for losses suffered as a result of
securities fraud, as well as in “change-of-control” transactions seeking to maximize shareholder
value. Mr. Pulliam represented shareholders of Nationwide Financial in a going private transaction,
and was able to achieve more than $200 million to the public shareholders. In a similar matter, Mr.
Pulliam represented shareholders of 7-Eleven and helped negotiate an additional $140 million in the
sales price.
Prior to joining the firm, Mr. Pulliam had a successful law practice in a variety of legal areas,
including commercial litigation, where he gained extensive courtroom experience, successfully trying
several jury trials.
On the issues of securities fraud and fiduciary duty, Mr. Pulliam has been quoted in numerous
publications, including the New York Times and the Dallas Morning News. Mr. Pulliam has also
provided presentations about issues affecting institutional investors at conferences and to the boards of
numerous public and union pension funds, including being a panelist on the 2005 Institutional
Shareholder Services Annual Conference, The Fiduciary Responsibility to Claim Securities Class
Action Settlements. Mr. Pulliam is past chair of the Arkansas Bar Association Securities Law Section.

5

CURTIS L. BOWMAN
Mr. Bowman began his legal career in 1986, with the Department of Justice Honors Program, a
program created by Attorney General Robert Kennedy. Mr. Bowman worked for the Tax Division of
the Department of Justice, in Washington, D.C. until October 1990. During his tenure with the DOJ,
Mr. Bowman tried dozens of cases involving diverse and complex issues including tax fraud,
amortization of core deposit intangibles, “Bivens” actions and judicial review ability of governmental
action. While at the Justice Department, Mr. Bowman litigated a matter making it clear that certain
action or inaction on the part of the Internal Revenue Service Commissioner is not subject to judicial
review. See Horton Homes, Inc. v. United States of America, 727 F. Supp. 1450 (1990), affirmed by
the Eleventh Circuit Court of Appeals and subsequently overturned prospectively by
Congress. During his tenure at the Justice Department, Mr. Bowman was recognized as the
“Outstanding Attorney” of the Tax Division (nationwide).
In 1990, Mr. Bowman returned to Little Rock, Arkansas, where he began his private practice of law
with the firm of Jack, Lyon & Jones, P.A. In 1993, Mr. Bowman became a partner of Jack, Lyon &
Jones and was head of the firm’s complex commercial and white collar defense litigation
sections. Mr. Bowman has been involved in a number of high profile cases, including the criminal
defense of a complex “Whitewater” matter wherein the former governor of Arkansas and his attorney
were indicted by the Whitewater prosecutor, Kenneth Starr. In that case, United States of America v.
John H. Haley , 898 F. Supp. 654 (1995), Haley and Tucker successfully argued to the District Court
that Kenneth Starr had exceeded his jurisdiction in prosecuting citizens of the State of Arkansas as
opposed to officers of the Executive Branch with whom Attorney General Reno had a conflict of
interest. That case was subsequently reversed by the Eighth Circuit Court of Appeals.
Mr. Bowman’s litigation experience is broad and includes both the prosecution and defense of cases
on behalf of individuals and classes involving death penalty matters; common law civil fraud;
securities fraud; RTC savings and loan litigation; general commercial litigation; white collar crime;
and tax matters. Mr. Bowman’s class action experience includes the successful defense of a string of
related class actions brought against Rapid Acceptance Corporation alleging that Rapid had charged
consumers an amount of interest in excess of the amount allowed by law.
Mr. Bowman was also actively involved in many of the firm’s securities class actions, particularly
those involving accounting fraud, and took the lead role for the firm in such cases as Rosa E. Garza v.
J.D. Edwards & Co. , U.S.D.C. District of Colorado, No. 99-1744, ( $15 million settlement); Betty M.
Lynch v. JDN Realty Corp., et al. , U.S.D.C. Northern District of Georgia, Atlanta Division, No. 1:00CV-2539 ( settled for more than $40 million in cash and stock with 11% of the total settlement
allocated to Mr. Bowman’s clients); In re Phycor Shareholder Litigation , U.S.D.C., Middle District of
Tennessee, Nashville Division, No. 3-99-0807 ($11.2 million cash settlement); and In re Vision
America Securities Litigation , U.S.D.C., Middle District of Tennessee, Nashville Division, No. 3-000279 ($5.9 million settlement).

6

TIFFANY WYATT OLDHAM
Ms. Oldham graduated cum laude from the University of Arkansas at Fayetteville School of Law in
2001. She served as a member of the Board of Advocates and the W.B. Putman Inns of Court. In
addition, Ms. Oldham served as President of Phi Delta Phi honors fraternity. During her law school
career, Ms. Oldham participated in various trial competitions and moot court, where she was selected
as a semi-finalist in the spring rounds. Ms. Oldham has a Bachelor’s of Arts in English from the
University of Arkansas at Fayetteville.
Ms. Oldham began her legal career with Carney Bates & Pulliam in 2002, and for over a decade now,
she has focused her practice on securities and consumer fraud class actions.
Ms. Oldham has had a significant role in several of the firm’s prominent cases, including: Spinelli v.
Capital One Bank, No. 08-CV-132-T-33EAJ (M.D. Fla.); In re Semtech Corp. Securities Litigation,
No. 07-cv-7114 (FMOx) (C.D. Cal.); In re Fleming Companies, Inc. Securities and Derivative
Litigation, 5-030MD-1530 (TJW) (E.D. Tex.); In re Keyspan Securities Litigation, No. CV-01-5852
(ARR) (MDG) (E.D.N.Y.); Freidman v. Rayovac Corporation, No. 02-CV-0308 (W.D. WI); In re IXL
Enterprises, Inc. Securities Litigation, No. 1:00-CV-2347-CC (N.D. Ga.); Asher v. Baxter
International, Inc., et. al., No. 02-CV-5608 (N.D. Il). Having prosecuted numerous class actions
through all stages of the litigation process, Ms. Oldham has experience with the full range of litigation
issues confronting investors and consumers in complex litigation.
Working together with her colleagues at Carney Bates & Pulliam, Ms. Oldham’s work has contributed
to hundreds of millions in recoveries for investors and consumers.
Immediately prior to joining Carney Bates & Pulliam, Ms. Oldham spent time overseas working for
the Japanese municipal government in Okinawa, Japan. In addition, Ms. Oldham worked as an intern
for the United States Bankruptcy Court, Western Division of Arkansas, where she assisted in
researching bankruptcy issues and administrating bankruptcy proceedings.
Ms. Oldham is licensed to practice in the Arkansas state courts and the United States District Courts
for the Eastern and Western Districts of Arkansas, and the United States Courts of Appeals for the
Third Circuit. She is currently a member of the American, Arkansas and Pulaski County Bar
Associations. Ms. Oldham has experience in a multitude of legal fields including securities law,
corporate law, business litigation, real estate transactions, and insurance regulation.

7

DAVID SLADE
Mr. Slade’s path to the law was a nontraditional one. After graduating from college at Yale, he moved
to New York City, working at various jobs in the music industry, forming a band, and spending several
years touring the country and recording albums. Throughout this period, his interest in the law was
nurtured by a side job as a trial assistant in the hormone therapy litigation, In re: Prempro Products
Liability Litigation, Case No. MDL 1507.
Following his work with the Prempro MDL, Mr. Slade attended the University of Arkansas at Little
Rock William H. Bowen School of Law. While there, he co-founded the Arkansas Journal of Social
Change and Public Service, an online, interdisciplinary publication for which he served as Editor-inChief. He oversaw the Journal’s inaugural symposium, as well as a variety of community engagement
efforts. In its first year, the Journal published submissions from authors throughout the world. Mr.
Slade graduated from the University of Arkansas at Little Rock William H. Bowen School of Law in
2013 with high honors.
At Carney Bates & Pulliam, Mr. Slade’s principal focus is on consumer protection, with an emphasis
on data privacy and data security. Extending his advocacy beyond litigation, Mr. Slade organized a
cyber safety training summit for Arkansas law enforcement and victim assistance professionals, in
conjunction with the National Organization of Victim Assistance (NOVA). In addition to his work in
the class action context, Mr. Slade is a member of the Volunteers Organization, Center for Arkansas
Legal Services (VOCALS), an organization committed to pro bono advocacy.
Mr. Slade is licensed to practice law in the State of Arkansas and the U.S. District Courts for the
Eastern and Western Districts of Arkansas.

8

Leadership Positions
Class Action, MLD and Complex Litigation Cases where the attorneys of Carney Bates & Pulliam
have held a leadership position of Lead or Co-Lead Plaintiffs’ Counsel or as a member of the
Executive Committee of Counsels:
In re AFC Enterprises, Inc. Securities Litigation, United States District Court for the Northern
District of Georgia, Case No. 1:03-cv-0817-TWT ($15 million settlement).
Anderson, et al. v. Farmland Industries, Inc., United State District Court for the District of
Kansas, Case No. 98-cv-2499-JWL (multi-party consolidated environmental litigation, Co-Lead
Counsel; confidential settlement).
In re Ashanti Goldfields Securities Litigation, United States District Court for the Eastern
District of New York, Case No. CV-00-0717 (DGT) (RML) (Co-Lead Counsel; $15 million
settlement).
Brian Asher v. Baxter International, Inc., et al., United States District Court for the Northern
District of Illinois, Eastern Division, Case No. 02 C 5608 (Co-Lead Counsel).
In re Bank of America Credit Protection Marketing & Sales Practices Litig., United States
District Court for the Northern District of California, Case No. 11-md-2269-THE ($20 million
settlement; member of Plaintiffs’ Executive Committee).
Bland, et al. v. Petromark, Inc., et al., Circuit Court of Boone County, Arkansas, Case No. CV2003-3-2 (multi-party consolidated environmental litigation, Co-Lead Counsel).
In re Central Parking Corporation Securities Litigation, United States District Court for the
Middle District of Tennessee), Case No. 3:03-0546 ($4.85 million settlement).
Desert Orchid Partners, LLC v. Transaction Systems Architects, Inc., United States District
Court for the District of Nebraska, Case No. 02-cv-553 ($24.5 million settlement; Co-Lead Counsel).
In re Discover Credit Card Payment Protection Plan Marketing and Sales Practices Litig.,
United States District Court for the Northern District of Illinois, Case No. MDL No. 2217 ($10.5
million; Co-Lead Counsel).
In re DQE, Inc. Securities Litigation, United States District Court, Western District of
Pennsylvania, Case No. 01-1851 (Co-Lead Counsel; $12 million settlement).
In re Dynacq International, Inc. Securities Litigation, United States District Court for the
Southern District of Texas, Houston Division, No. H-02-0377 (Co-Lead Counsel).
Eli Friedman v Rayovac Corporation, et al., United States District Court of the Western
District of Wisconsin, Case No. 02-0308 ($4 million settlement).
Esslinger v. HSBC Bank Nevada, United States District Court for the Eastern District of
Pennsylvania, Case No. 2:10-cv-03213-BMS ($23.5 million; Co-Lead Counsel).

9

In re Fleming Corporation Securities Litigation, United States District Court for the Eastern
District of Texas, Texarkana Division, No. 5-02-CV-178 (Co-Lead Counsel for 33 Act Claims; $93.75
million settlement).
Martin Gaynor v. Thorne, et al., Circuit Court of Cook County, Illinois County, Dept of
Chancery, Case No. 07-CH-14381.
Rosa E. Garza v. J.D. Edwards & Co. , United States District Court for the District of
Colorado, Case No. 99-1744, ($15 million settlement).
Hardin, et al. v. BASF, United States District Court for the Eastern District of Arkansas,
Western Div., Consolidated No. 00-CV-00500 SWW (multi-party consolidated environmental
litigation, Co-Lead Counsel; confidential settlement).
In re Keyspan Corporation Securities Litigation, United States District Court for the Eastern
District of New York, Case No. 01-cv-5852 (ARR) (MDG).
Kardonick v. JPMorganChase, United States District Court for the Southern District of Florida,
Case No. 1:10-cv-23235-WMH ($20 million settlement; Co-Lead Counsel).
King, et al., v. Hamilton Sundstrand Corporation, District Court of Adams County, Colorado,
Case No. 02-CV-2018 (Co-lead Counsel; $2 million settlement of groundwater contamination case).
In re Lernout & Hauspie Securities Litigation, United States District Court for the District of
Massachusetts, No. 00-CV-11589-PBS (Co-Lead Counsel; $115 million settlement).
In re Liberty Refund Anticipation Loan Litigation, United States District Court for the Northern
District of Illinois, Case No. MDL 2334 (Interim Co-Lead Class Counsel; currently pending
litigation).
Betty M. Lynch v. JDN Realty Corp., et al., United States District Court for the Northern
District of Georgia, Atlanta Division, Case No. 1:00-CV-2539 (settled for over $40 million in cash and
stock with 11% of the total settlement allocated to Mr. Bowman’s clients).
Middlesex County Retirement System v. Semtech Corp. et al, United States District Court for
the Southern District of New York, Case No. 07-Civ-7183 (DC) (Co-Lead Counsel; $20 million
settlement).
David Montalvo v. Tripos, Inc. et al., United States District Court for the Eastern District of
Missouri, Eastern Division, Case No. 4:03CV995SNL (Co-Lead; $3,150,000 settlement).
In re Monterey Pasta Company Securities Litigation, United States District Court for the
Northern District of California, Case No. 3:03 CV 00632 MJJ (Co-Lead Counsel).
Matthew Campbell, et al. v. Facebook, Inc., United States District Court for the Northern
District of California, Case No. 4:13-cv-05996-PJH (Co-Lead Counsel)
In re National Golf Properties, Inc. Securities Litigation, United States District Court for the
Central District of California, Western Division, Case No. 02-1383-GHK RZX; ($4.175 million
settlement).

10

In re Nationwide Financial Services Litigation, United States District Court for the Southern
District of Ohio, Case No. 08-CV-00249 ($5.05 per share increase in offer price; $232.8 million
value).
Nelson, et al. v. Wal-Mart Stores, Inc., United States District Court for the Eastern District of
Arkansas, Case No. 04-CV-00171 (Co-Lead Counsel; $17.5 million).
In re NewPower Holdings Securities Litigation, United States District Court for the Southern
District of New York, Case No. 01-cv-1550 (CLB) (Co-Lead Counsel; $41 million settlement).
Pennsylvania Avenue Funds v. Gerard H. Brandi, et al., Common Wealth of Massachusetts
Superior Court, Middlesex County, Case No. CV 08-1057.
Pierce v. Ryerson Inc. et al., Illinois Circuit Court, Cook County, Case No. 07 CH 21060.
City of Pontiac General Employees’ Retirement System v. CBS Corp, United States District
Court for the Southern District of New York, Case No. 08-CV-10816 (LBS).
In re Phycor Shareholder Litigation, United States District Court for the Middle District of
Tennessee, Nashville Division, Case No. 3-99-0807 ($11.2 million cash settlement).
The Quapaw Tribe of Oklahoma v. Blue Tee Corp., United States District Court for the
Northern District of Oklahoma, Case No.03-cv-0846-CVE-PJC ($11.5 million settlement in a case
against Asarco, LLC).
Paul Ruble, et. al. v. Rural Metro Corp., et. al., United States District Court for the District of
Arizona, Case No. 99-cv-822-PHX-RGS.
Sheet Metal Workers Local 28 Pension Fund v. Office Depot, Inc. et al., United States District
Court for the Southern District of Florida, Case No. 07-81038-CIV-Hurley/Hopkins.
Simpson, et al., v. Koppers, et al., Pulaski County Circuit Court, Third Division, Case No. CV00-1659 (multi-party consolidated environmental litigation, Co-Lead Counsel; confidential
settlement).
Richard Slatten v. Rayovac Corporation, et al., United States District Court for the Western
District of Wisconsin, Case No. 02 C 0325 C (Co-Lead Counsel; $4 million settlement).
David Slone, et.al. v. Fifth Third, United States District Court for the Southern District of Ohio,
Case No. 03-cv-00211 ($15 million settlement).
Smith v. Intuit, Inc., United States District Court for the Northern District of California, Case
No. 5:12-cv-00222 ($6.55 million cash settlement).
Spinelli v. Capital One Bank (USA), et al., United States District Court for the Middle District
of Florida, Case No. 8:08-cv-132-T-33EAJ (more than $100 million settlement; Co-Lead Counsel).
State of New Mexico v. Discover Financial Services, Inc., et al., United States District Court for
the District of New Mexico, Case No. 1:13-cv-00503 ($2.15 million cash settlement).

11

State of New Mexico v. JPMorgan Chase & Co., et al., United States District Court for the
District of New Mexico, Case No. 1:13-cv-00472 ($2,146,750.00 million cash settlement).
In re Sterling Financial Corporation Securities Class Action, United States District Court of the
Southern District of New York, Case No. CV 07-2171(Co-Lead Counsel; $10.25 million settlement).
In re Supervalu, Inc. Securities Litigation, United States District Court for the District of
Minnesota, Case No. 02-CV-1738 (JEL/JGL) (Co-Lead Counsel; $4 million settlement).
Valuepoint Partners, Inc. v. ICN Pharmaceuticals, Inc. Et al., United States District Court for
the Central District of California, Case No. 03-0989 ($3,225,000 settlement)
In re Vision America Securities Litigation , United States District Court for the Middle District
of Tennessee, Nashville Division, Case No. 3-00-0279 ($5.9 million settlement).
White v. Minnesota Mining & Manufacturing Co., United States District Court for the Eastern
District of Arkansas, Western Div., Case No. LR-C-98-362 (multi-party consolidated environmental
litigation, Co-Lead Counsel; confidential settlement).
Wise, et al. v. Arkansas Aluminum Alloys, Inc., et al., Miller County Circuit Court; Case No.
CIV-2003-14-1(multi-party consolidated environmental litigation, Co-Lead Counsel; confidential
settlement).
Yvon DuPaul v. H. Edwin Trusheim, et al. (Rehabcare Group), Circuit Court of the County of
St. Louis, Missouri, Case No. 02 CC 3039 (Lead Derivative Counsel).

12