VAZQUEZ v. GROUPON, INC. et al

Filing 7

WITHDRAWN, SEE DOCKET ENTRY 8 .....MOTION to Appoint Counsel Interim Class Counsel by CARLOS VAZQUEZ (Attachments: # 1 Text of Proposed Order, # 2 Declaration, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit, # 6 Exhibit, # 7 Exhibit, # 8 Exhibit, # 9 Exhibit, # 10 Exhibit)(LaDuca, Charles) Modified on 4/12/2011 (jf, ).

VAZQUEZ v. GROUPON, INC. et al

Doc. 7 Att. 9

L EVIN , F ISHBEIN , S EDRAN & B ERMAN
F IRM B IOGRAPHY The law firm of Levin, Fishbein, Sedran & Berman (formerly known as Levin & Fishbein) was established on August 17, 1981. Earlier, the founding partners of Levin, Fishbein, Sedran & Berman, Messrs. Arnold Levin and Michael D. Fishbein, were with the law firm of Adler, Barish, Levin & Creskoff, a Philadelphia firm specializing in litigation. Arnold Levin was a senior partner in that firm and Michael D. Fishbein was an associate. Laurence S. Berman was also an associate in that firm. The curricula vitae of the attorneys are as follows: (a) A RNOLD L EVIN, a member of the firm, graduated from Temple University, B.S.,

in 1961, with Honors and Temple Law School, LLB, in 1964. He was Articles Editor of the Temple Law Quarterly. He is a member of the Philadelphia, Pennsylvania, American and International Bar Associations. He is a member of the Philadelphia Trial Lawyers Association, Pennsylvania Trial Lawyers Association and the Association of Trial Lawyers of America. He is admitted to the Supreme Court of Pennsylvania, United States District Court for the Eastern District of Pennsylvania, United States District Court for the Middle District of Pennsylvania, the Third, Fourth, Sixth, Seventh, Tenth and Eleventh Circuit Courts of Appeals and the United States Supreme Court. He has appeared pro hac vice in various federal and state courts throughout the United States. He has lectured on class actions, environmental, antitrust and tort litigation for the Pennsylvania Bar Institute, the Philadelphia Trial Lawyers Association, the Pennsylvania Trial Lawyers Association, The Association of Trial Lawyers of America, The Belli Seminars, the Philadelphia Bar Association, American Bar Association, the New York Law Journal Press, and the ABA-ALI London Presentations. Mr. Levin is a past Chairman of the Commercial Litigation Section of the Association of Trial Lawyers of America, and is co-chairman of the Antitrust Section of the Pennsylvania Trial Lawyers Association. He is a member of the Pennsylvania Trial Lawyers Consultation Committee, Class Action Section, a fellow of the Roscoe Pound Foundation and past Vice-Chairman of the

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Maritime Insurance Law Committee of the American Bar Association. He is also a fellow of the International Society of Barristers, and chosen by his peers to be listed in Best Lawyers of America. He also has an "av" rating in Martindale-Hubbell. Mr. Levin was on the Executive Committee as well as various other committees and lead trial counsel in the case of In re Asbestos School Litigation, U.S.D.C., Eastern District of Pennsylvania, Master File No. 83-0268, which was certified as a nationwide class action on behalf of all school districts. Mr. Levin was also on the Plaintiffs' Steering Committee in In re Copley Pharmaceutical, Inc., "Albuterol" Products Liability Litigation, MDL Docket No. 94-140-1013 (Dist. Wyoming); In re Norplant Contraceptive Products Liability Litigation, MDL No. 1038 (E.D. Tex.); and In re Telectronics Pacing Systems, Inc., Accufix Atrial "J" Lead Products Liability Litigation, MDL No. 1057 (S.D. Ohio). Mr. Levin was appointed by the Honorable Sam J. Pointer as a member of the Plaintiffs' Steering Committee in the Silicone Gel Breast Implants Products Liability Litigation, Master File No. CV-92-P-10000-S. The Honorable Louis L. Bechtle appointed Mr. Levin as Co-Lead Counsel of the Plaintiffs' Legal Committee and Liaison Counsel in the MDL proceeding of In re Orthopedic Bone Screw Products Liability Litigation, MDL 1014 (E.D. Pa.). Mr. Levin also serves as CoChairman of Plaintiffs' Management Committee, Liaison Counsel, and Class Counsel in In re Diet Drug Litigation, MDL 1203. He was also a member of a four lawyer Executive Committee in In re Rezulin Products Liability Litigation, MDL No. 1348 (S.D.N.Y.) and is a member of a seven person Steering Committee in In re Propulsid Products Liability Litigation, MDL No. 1355 (E.D. La.). He was Chair of the State Liaison Committee in In re Phenylpropanolamine (PPA) Products Liability Litigation, MDL 1407 (W.D.WA); and is a member of the Plaintiffs' Steering Committee and Plaintiffs' Negotiating Committee in In re Vioxx Products Liability Litigation, MDL No. 1657 (E.D.La.) and Court approved Medical Monitoring Committee in In re Human Tissue Products Liability Litigation, MDL No. 1763 (District of N.J.). He is currently lead counsel in In Re ChineseManufactured Drywall Product Liability Litigation, MDL No. 2047 (E.D.La.).

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Mr. Levin was also a member of the Trial and Discovery Committees in the Exxon Valdez Oil Spill Litigation, No. 89-095 (D. Alaska) In addition, Mr. Levin is lead counsel in the prosecution of individual fishing permit holders, native corporations, native villages, native claims and business claims. (b) M ICHAEL D. F ISHBEIN, a member of the firm, is a graduate of Brown University

(B.A., 1974). He graduated from Villanova University Law School with Honors, receiving a degree of Juris Doctor in 1977. Mr. Fishbein was a member of the Villanova Law Review and is a member of the Villanova University Law School Chapter of the Order of Coif. He is admitted to practice before the Pennsylvania Supreme Court, the United States District Court for the Eastern District of Pennsylvania, and the Third Circuit Court of Appeals. Mr. Fishbein has been extensively involved in the prosecution of a variety of commercial class actions. He is Class Counsel in In re Diet Drug Litigation, MDL 1203, and the principal architect of the seminal National Diet Drug Settlement Agreement. He is also a member of the Plaintiffs' Steering Committee in In re

Phenylpropanolamine (PPA) Products Liability Litigation, MDL 1407 (W.D.WA). (c) H OWARD J. S EDRAN, a member of the firm, graduated cum laude from the

University of Miami School of Law in 1976. He was a law clerk to United States District Court Judge, C. Clyde Atkins, of the Southern District of Florida from 1976-1977. He is a member of the Florida, District of Columbia and Pennsylvania bars and is admitted to practice in various federal district and appellate courts. From 1977 to 1981, he was an associate at the Washington, D.C. firm of Howrey & Simon which specializes in antitrust and complex litigation. During that period he worked on the following antitrust class actions: In re Uranium Antitrust Litigation; In re Fine Paper Antitrust Litigation; Bogosian v. Gulf Oil Corporation; FTC v. Exxon, et al.; and In re Petroleum Products Antitrust Litigation. In 1982, Mr. Sedran joined the firm of Levin, Fishbein, Sedran & Berman and has continued to practice in the areas of environmental, securities, antitrust and other complex litigation. Mr. Sedran also has extensive trial experience. In the area of environmental law, Mr. Sedran was responsible for the first certified "Superfund" class action. -3-

As a result of his work in an environmental case in Missouri, Mr. Sedran was nominated to receive the Missouri Bar Foundation's outstanding young trial lawyer's award, the Lon Hocker Award. Mr. Sedran has also actively participated in the following actions: In re Dun & Bradstreet Credit Services Customer Litigation, Civil Action Nos. C-1-89-026, C-1-89-051, 89-2245, 89-3994, 89-408 (S.D. Ohio); Raymond F. Wehner, et al. v. Syntex Corporation and Syntex (U.S.A.) Inc., No. C-85-20383(SW) (N.D. Cal.); Harold A. Andre, et al. v. Syntex Agribusiness, Inc., et al., Cause No. 832-05432 (Cir. Ct. of St. Louis, Mo.); In re Petro-Lewis Securities Litigation, No. 84-C-326 (D. Colo.); In re North Atlantic Air Travel Antitrust Litigation, No. 84-1013 (D. D.C.); Jaroslawicz v. Engelhard Corp., No. 84-3641 (D. N.J.); Gentry v. C & D Oil Co., 102 F.R.D. 490 (W.D. Ark. 1984); In re EPIC Limited Partnership Securities Litigation, Nos. 85-5036, 85-5059 (E.D. Pa.); Rowther v. Merrill Lynch, et al., No. 85-Civ-3146 (S.D.N.Y.); In re Hops Antitrust Litigation, No. 84-4112 (E.D. Pa.); In re Rope Antitrust Litigation, No. 85-0218 (M.D. Pa.); In re Asbestos School Litigation, No. 83-0268 (E.D. Pa.); In re Catfish Antitrust Litigation, MDL No. 928 (Plaintiffs' Executive Committee); In re Carbon Dioxide Antitrust Litigation, MDL No. 940 (N.D. Miss.) (Plaintiffs' Executive Committee); In re Alcolac, Inc. Litigation, No. CV490-261 (Marshall, Mo.); In re Clozapine Antitrust Litigation, MDL No. 874 (N.D. Ill.) (Co-lead counsel); In re Infant Formula Antitrust Litigation, MDL No. 878 (N.D. Fla.); Cumberland Farms, Inc. v. BrowningFerris Industries, Inc., Civil Action No. 87-3713 (E.D. Pa.); In re Airlines Antitrust Litigation, MDL No. 861 (N.D. Ga.); Lazy Oil, Inc. et al. v. Witco Corporation, et al., C.A. No. 94-110E (W.D. Pa.) (Plaintiffs' Co-Lead Counsel); In re Nasdaq Market-Makers Antitrust Litigation, MDL No. 1023 (S.D.N.Y.) (Co-Chair Discovery); and In re Travel Agency Commission Antitrust Litigation, Master File No. 4-95-107 (D. Minn.) (Co-Chair Discovery); Erie Forge and Steel, Inc. v. Cyprus Minerals Co., C.A. No. 94-0404 (W.D. Pa.) (Plaintiffs' Executive Committee); In re Commercial Explosives Antitrust Litigation, MDL No. 1093 (Plaintiffs' Co-Lead Counsel); In re Brand Name Prescription Drug Antitrust Litigation, MDL No. 997; In re High Fructose Corn Syrup Antitrust Litigation, MDL No. 1087; In re Carpet Antitrust Litigation, MDL 1075; In re Graphite Electrodes Antitrust -4-

Litigation, C.A. No 97-CV-4182 (E.D. Pa.) (Plaintiffs' Co-Lead Counsel); In re Flat Glass Antitrust Litigation, MDL No. 1200 (Discovery Co-Chair); In re Commercial Tissue Products Antitrust Litigation, MDL No. 1189; In re Thermal Fax Antitrust Litigation, C.A. No. 96-C-0959 (E.D. Wisc.); In re Lysine Indirect Purchaser Antitrust Litigation, (D. Minn.); In re Citric Acid Indirect Purchaser Antitrust Litigation, C.A. No. 96-CV-009729 (Cir. Ct. Wisc.). Recently, in Lazy Oil Co. v. Witco Corp., et. al., supra, the District Court made the following comments concerning the work of Co-Lead Counsel: [t]he Court notes that the class was represented by very competent attorneys of national repute as specialists in the area of complex litigation. As such Class Counsel brought considerable resources to the Plaintiffs' cause. The Court has had the opportunity to observe Class counsel first-hand during the course of this litigation and finds that these attorneys provided excellent representation to the Class. The Court specifically notes that, at every phase of this litigation, Class Counsel demonstrated professionalism, preparedness and diligence in pursuing their cause. (d) L AURENCE S. B ERMAN, a member of the firm, was born in Philadelphia,

Pennsylvania on January 17, 1953. He was admitted to the bar in 1977. He is admitted to practice before the U.S. Courts of Appeals for the Third, Fourth and Seventh Circuits; the U.S. District Court, Eastern District of Pennsylvania; and the Bar of Pennsylvania. He is a graduate of Temple University (B.B.A., magna cum laude, 1974, J.D. 1977). He is a member of the Betta Gamma Sigma Honor Society. Mr. Berman was the law clerk to the Honorable Charles R. Weiner, U.S. District Court for the Eastern District of Pennsylvania 1978-1980. Member: Philadelphia, Pennsylvania and American Bar Associations. Mr. Berman has participated in, inter alia, the following actions: Donald A. Stibitz, et al. v. General Public Utilities Corp., et al., No. 654 S 1985, (C.P. Dauphin County, Pa.); Raymond F. Wehner, et al. v. Syntex Corporation and Syntex (U.S.A.) Inc., No. C-85-20383(SW) (N.D. Cal.); Harold A. Andre, et al. v. Syntex Agribusiness, Inc., et al., Cause No. 832-05432 (Cir. Ct. of St. Louis, Mo.); In re Petro-Lewis Securities Litigation, No. 84-C-326 (D. Colo.); In re Rope Antitrust Litigation, No. 85-0218 (M.D. Pa.); In re Asbestos School Litigation, No. 83-0268 (E.D. Pa.); In re Electric Weld Steel Tubing Antitrust Litigation - II, Master File No. 83-0163, U.S.D.C., Eastern -5-

District of Pennsylvania; Township of Susquehanna, et al. v. GPU, et al., U.S.D.C., Middle District of Pennsylvania, Civil Action No. 81-0437; In re Fiddler's Woods Bondholders Litigation, Civil Action No. 83-2340 U.S.D.C, E.D. Pa., (Newcomer, J.); and Ursula Stiglich Wagner, et al. v. Anzon, Inc., et al., No. 4420, June Term, 1987 (C.C.P. Phila. Cty.) (e) F RED S. L ONGER, a member of the firm, is a graduate of Carnegie-Mellon

University (B.S. 1982) and the University of Pittsburgh School of Law (J.D. 1986). Mr. Longer was a Notes and Comments Editor for the University of Pittsburgh Law Review. He is admitted to practice before the Supreme Court of Pennsylvania and the Supreme Court of New Jersey; the United States Supreme Court; the United States Court of Appeals for the Third and Fourth Circuits; and the United States District Courts for the Western and Eastern Districts of Pennsylvania, and the Districts of New Jersey and Arizona. He is a member of the American and Philadelphia County Bar Associations. He is the plaintiffs principal brief writer in In re Propulsid Products Liability Litigation, MDL No. 1355 (E.D. La.); In re Vioxx Products Liability Litigation, MDL No. 1657 (E.D.La.); and In Re Chinese-Manufactured Drywall Product Liability Litigation, MDL No. 2047 (E.D.La.). Mr. Longer was lead class counsel in Estate of Mitchell Albert v. Wade Communications, Oct. Term 1999, No. 1801 (C.P. Phila. County, PA) and has participated in many class actions including the following: In re Asbestos School Litigation, No. 83-0268 (E.D. Pa.); In re Catfish Antitrust Litigation, MDL No. 928; In re Airlines Antitrust Litigation, MDL No. 861 (N.D. Ga.); Kelly v. County of Allegheny, No. 6D 84-17962 (C.P. Allegheny County, PA); In re Orthopedic Bone Screw Products Liability Litigation, MDL No. 1014 (E.D. Pa.); and In re Diet Drug Litigation, MDL No. 1203 (E.D. Pa.). (f) D ANIEL C. L EVIN, a member of the firm, was born in Philadelphia, Pennsylvania.

He received his undergraduate degree from the University of Pittsburgh (B.A. 1994) and his law degree from Oklahoma City University (J.D. 1997). He is a member of Phi Delta Phi. He serves on the Board of Directors for the Philadelphia Trial Lawyers Association. He is also member of the Pennsylvania Bar Association; Pennsylvania Trial Lawyers Association, and the Association of Trial -6-

Attorneys of America. He is admitted to practice before the Supreme Court of Pennsylvania; the United States District Court for The Eastern District of Pennsylvania, and the United States Court of Appeals for the Third Circuit. Mr. Levin has been part of the litigation team in In re Orthopedic Bone Screw Products Liability Litigation, MDL No. 1014 (E.D. Pa.); In re Diet Drug Litigation, MDL No. 1203 (E.D. Pa.); Galanti v. The Goodyear Tire and Rubber Co., Civil Action No: 03-209; Muscara v. Nationwide, October Term 2000, Civil Action No.: 001557, Philadelphia County; and Wong v. First Union, May Term 2003, Civil Action No. 001173, Philadelphia County, Harry Delandro, et al v. County of Allegheny, et al, Civil Action No. 2:06-CV-927; Nakisha Boone, et al v. City of Philadelphia, et al, Civil Action No. 05-CV-1851 and In Re Human Tissue Products Liability Litigation, MDL No. 1763 (E.D.NJ.). (g) C HARLES E. S CHAFFER, a member of the firm, born in Philadelphia, Pennsylvania,

is a graduate of Villanova University, (B.S., Magna Cum Laude, 1989) and Widener University School of Law (J.D. 1995) and Temple University School of Law (LL.M. in Trial Advocacy, 1998). He is admitted to practice before the Supreme Court of Pennsylvania, the Supreme Court of New Jersey, the United States District Court for the Eastern District of Pennsylvania, and the Third Circuit Court of Appeals. Mr. Schaffer has been extensively involved in the prosecution of medical malpractice, products liability and a variety of commercial actions. (h) A USTIN B. C OHEN, a member of the firm, is a graduate of the University of

Pennsylvania (B.A., 1990) and a graduate of the University of Pittsburgh School of Law (J.D., cum laude, 1996) where he served on the Journal of Law and Commerce as an assistant and executive editor. He has authored an article titled "Why Subsequent Remedial Modifications Should Be Inadmissible in Pennsylvania Products Liability Actions," which was published in the Pennsylvania Bar Association Quarterly. He is a member of the Pennsylvania and New Jersey bars, and is a member of the Pennsylvania and American Bar Associations. (i) MICHAEL M. WEINKOWITZ, a member of the firm, born Wilmington, Delaware,

June 11, 1969; admitted to bar 1995, Pennsylvania and New Jersey, U.S. District Courts, Eastern District of Pennsylvania, District of New Jersey; U.S. Court of Appeals, Third Circuit. Education: -7-

West Virginia University (B.A., magna cum laude, 1991); Temple University (J.D., cum laude, 1995); Member, Temple International & Comparative Law Journal, 1994-95; American Jurisprudence
Award for Legal Writing.

(j)

CHARLES C. SWEEDLER , is a graduate of William & Mary Law School (J.D. 1997),

where he was Publication Editor of the William & Mary Law Review. He is also a graduate of Cornell University (B.A. 1983) and the University of Maryland (M.Ed. 1989). He is admitted to practice before the Pennsylvania Supreme Court, the New Jersey Supreme Court, the U.S. District Courts for the Eastern and Middle Districts of Pennsylvania and the District of New Jersey, and the U.S. Court of Appeals for the Third Circuit. He is a member of the Philadelphia and American Bar Associations. (k) MATTHEW C. GAUGHAN , born in Boston, Massachusetts, is a graduate of the

University of Massachusetts at Amherst, (B.B.A., 2000) and Villanova University School of Law (J.D., Cum Laude, 2003). He is admitted to practice in the States of New Jersey, New York and Pennsylvania. He is also admitted to practice before the United States District Court for the Eastern District of Pennsylvania and the United States District Court for the District of New Jersey. Mr. Gaughan has extensive involvement in products liability and commercial litigation cases. (l) KEITH J. VERRIER , is a graduate of Temple University School of Law (J.D., magna

cum laude, 2000), where he was a member of the Law Review, and the University of Rhode Island (B.S., 1992). After law school, he was a law clerk for the Honorable Herbert J. Hutton in the

United States District Court for the Eastern District of Pennsylvania. Mr. Verrier has experience litigating a wide range of commercial disputes with an emphasis on litigating and counseling clients on antitrust matters. He currently spends the majority of his time litigating antitrust class actions, predominantly those seeking overcharge damages on behalf of direct purchasers of products under both Section 1 and Section 2 of the Sherman Act. He is admitted to practice in the Commonwealth of Pennsylvania and the State of New Jersey as well as in the United States Court of Appeals for the Third Circuit, the United States District Court for the Eastern District of Pennsylvania and the United

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States District Court for the District of New Jersey. He is a member of the American Bar Association. SUCCESSFULLY LITIGATED CLASS CASES Levin, Fishbein, Sedran & Berman's extensive class action practice includes many areas of law, including: Securities, ERISA, Antitrust, Environmental and Consumer Protection. The firm also maintains a practice in personal injury, products liability, and admiralty cases. The firm has successfully litigated the following class action cases: James J. and Linda J. Holmes, et al. v. Penn Security Bank and Trust Co., et al., U.S.D.C., Middle District of Pennsylvania Civil Action No. 80-0747; In re Glassine & Greaseproof Antitrust Litigation, MDL No. 475, U.S.D.C., Eastern District of Pennsylvania; In re First Pennsylvania Securities Litigation, Master File No. 80-1643, U.S.D.C., Eastern District of Pennsylvania; In re Caesars World Shareholder Litigation, Master File No. MDL 496 (J.P. MDL); In re Standard Screws Antitrust Litigation, Master File No. MDL 443, U.S.D.C., Eastern District of Pennsylvania; In re Electric Weld Steel Tubing Antitrust Litigation - II, Master File No. 83-0163, U.S.D.C., Eastern District of Pennsylvania; Leroy G. Meshel, et al. v. Nutri-Systems, Inc., et al., U.S.D.C., Eastern District of Pennsylvania, Civil Action No. 83-1440; In re Corrugated Container Antitrust Litigation, U.S.D.C., Southern District of Texas, Houston Division, MDL 310; In re Three Mile Island Litigation, U.S.D.C., Middle District of Pennsylvania, Civil Action No. 79-0432; Township of Susquehanna, et al. v. GPU, et al., U.S.D.C., Middle District of Pennsylvania, Civil Action No. 81-0437 (a Three Mile Island case); Donald A. Stibitz, et al. v. General Public Utilities Corporation, et al., No. 654 S 1985 (C.P. Dauphin County, Pa.) (a Three Mile Island case); Raymond F. Wehner, et al. v. Syntex Corporation and Syntex (U.S.A.) Inc., No. C-85-20383(SW) (N.D. Cal.) (first Superfund Class Action ever certified); In re Dun & Bradstreet Credit Services Customer Litigation, U.S.D.C., Southern District of Ohio, Civil Action Nos. C-1-89-026, 89-051, 89-2245, 89-3994, 89-408; Malcolm Weiss v. York Hospital, et al., U.S.D.C., Middle District of Pennsylvania, Civil Action No. 80-0134; In re Ramada Inns Securities Litigation, U.S.D.C., District of Delaware, Master File No. 81-456; In re Playboy Securities Litigation, Court of Chancery, State of Delaware, New Castle County, Civil Action No. -9-

6806 and 6872; In re Oak Industries Securities Litigation, U.S.D.C., Southern District of California, Master File No. 83-0537-G(M); Dixie Brewing Co., Inc., et al. v. John Barth, et al., U.S.D.C., Eastern District of Pennsylvania, Civil Action No. 84-4112; In re Warner Communications Securities Litigation, U.S.D.C., Southern District of New York, Civil Action No. 82-CV-8288; In re Baldwin United Corporation Litigation, U.S.D.C., Southern District of New York, MDL No. 581; Zucker Associates, Inc., et al. v. William C. Tallman, et al. and Public Service Company of New Hampshire, U.S.D.C., District of New Hampshire, Civil Action No. C86-52-D; In re Shopping Carts Antitrust Litigation, MDL No. 451, Southern District of New York; Charal v. Andes, et al., C.A. No. 77-1725; Hubner v. Andes, et al., C.A. No. 78-1610 U.S.D.C., Eastern District of Pennsylvania; In re Petro-Lewis Securities Litigation, 84-C-326, U.S.D.C., District of Colorado; Gentry v. C & D Oil Co., 102 F.R.D. 490 (W.D. Ark. 1984); In re Hops Antitrust Litigation, C.A. No. 84-4112, U.S.D.C., Eastern District of Pennsylvania; In re North Atlantic Air Travel Antitrust Litigation, No. 84-1013, U.S.D.C., District of Columbia; Continental/Midlantic Securities Litigation, No. 86-6872, U.S.D.C., Eastern District of Pennsylvania; In re Fiddler's Woods Bondholders Litigation, Civil Action No. 83-2340 (E.D. Pa.) (Newcomer, J.); Fisher Brothers v. Cambridge-Lee Industries, Inc , et al., Civil Action No. 82-4941, U.S.D.C., Eastern District of Pennsylvania; Silver Diversified Ventures Limited Money Purchase Pension Plan v. Barrow, et al., C.A. No. B-86-1520-CA (E.D. Tex.) (Gulf States Utilities Securities Litigation); In re First Jersey Securities Litigation, C.A. No. 85-6059 (E.D. Pa.); In re Crocker Shareholder Litigation, Cons. C.A. No. 7405, Court of Chancery, State of Delaware, New Castle County; Mario Zacharjasz, et al. v. The Lomas and Nettleton Co., Civil Action No. 874303, U.S.D.C., Eastern District of Pennsylvania; In re People Express Securities Litigation, Civil Action No. 86-2497, U.S.D.C., District of New Jersey; In re Duquesne Light Shareholder Litigation, Master File No. 86-1046 U.S.D.C., Western District of Pennsylvania (Ziegler, J.); In re Western Union Securities Litigation, Master File No. 84-5092 (JFG), U.S.D.C., District of New Jersey; In re TSO Financial Litigation, Civil Action No. 87-7903, U.S.D.C., Eastern District of Pennsylvania; Kallus v. General Host, Civil Action No. B-87-160, U.S.D.C., District of Connecticut; Staub, et al. v. Outdoor World Corp., C.P. Lancaster County, No. 2872-1984; Jaroslawicz, et al. v. Englehard -10-

Corp., U.S.D.C., District of New Jersey, Civil Action No. 84-3641F; In re Boardwalk Marketplace Securities Litigation, U.S.D.C., District of Connecticut, MDL No. 712 (WWE); In re Goldome Securities Litigation, U.S.D.C., Southern District of New York, Civil Action No. 88-Civ-4765; In re Ashland Oil Spill Litigation, U.S.D.C., Western District of Pennsylvania, Master File No. M14670; Rosenfeld, et al. v. Collins & Aikman Corp., U.S.D.C., Eastern District of Pennsylvania, Civil Action No. 87-2529; Gross, et al. v. The Hertz Corporation, U.S.D.C., Eastern District of Pennsylvania, Master File, No. 88-661; In re Collision Near Chase, Maryland on January 4, 1987 Litigation, U.S.D.C., District of Maryland, MDL Docket No. 728; In re Texas International Securities Litigation, U.S.D.C., Western District of Oklahoma, MDL No. 604, 84 Civ. 366-R; In re Chain Link Fence Antitrust Litigation, U.S.D.C., District of Maryland, Master File No. CLF-1; In re Winchell's Donut House, L.P. Securities Litigation, Court of Chancery of the State of Delaware, New Castle County, Consolidated Civil Action No. 9478; Bruce D. Desfor, et al. v. National Housing Ministries, et al., U.S.D.C., Eastern District of Pennsylvania, Civil Action No. 84-1562; Cumberland Farms, Inc., et al. v. Browning-Ferris Industries, Inc., et al., U.S.D.C., Eastern District of Pennsylvania, Master File No. 87-3717; In re SmithKline Beckman Corp. Securities Litigation, U.S.D.C., Eastern District of Pennsylvania, Master File No. 88-7474; In re SmithKline Beecham Shareholders Litigation, Court of Common Pleas, Phila. County, Master File No. 2303; In re First Fidelity Bancorporation Securities Litigation, U.S.D.C., District of New Jersey, Civil Action No. 88-5297 (HLS); In re Qintex Securities Litigation, U.S.D.C., Central District of California, Master File No. CV-89-6182; In re Sunrise Securities Litigation, U.S.D.C., Eastern District of Pennsylvania, MDL No. 655; David Stein, et al. v. James C. Marshall, et al., U.S.D.C., District of Arizona, No. Civ. 89-66 (PHX-CAM); Residential Resources Securities Litigation, Case No. 89-0066 (D. Ariz.); In re Home Shopping Network Securities Litigation -- Action I (Consolidated Actions), Case No. 87428-CIV-T-13A (M.D. Fla.); In re Kay Jewelers Securities Litigation, Civ. Action Nos. 90-1663-A through 90-1667-A (E.D. Va.); In re Rohm & Haas Litigation, Master File Civil Action No. 89-2724 (Coordinated) (E.D. Pa.); In re O'Brien Energy Securities Litigation, Master File No. 89-8089 (E.D. Pa.); In re Richard J. Dennis & Co. Litigation, Master File No. 88-Civ-8928 (MP) (S.D. N.Y.); In -11-

re Mack Trucks Securities Litigation, Consolidated Master File No. 90-4467 (E.D. Pa.); In re Digital Sound Corp., Securities Litigation, Master File No. 90-3533-MRP (BX) (C.D. Cal.); In re Philips N.V. Securities Litigation, Master File No. 90-Civ.-3044 (RPP) (S.D.N.Y.); In re Frank B. Hall & Co., Inc. Securities Litigation, Master File No. 86-Civ.-2698 (CLB) (S.D.N.Y.); In re Genentech, Inc. Securities Litigation, Master File No. C-88-4038-DLJ (N.D. Cal.); Richard Friedman, et al. v. Northville Industries Corp., Supreme Court of New York, Suffolk County, No. 88-2085; Benjamin Fishbein, et al. v. Resorts International, Inc., et al., No. 89 Civ.6043(MGC) (S.D.N.Y.); In re Avon Products, Inc. Securities Litigation, No. 89, Civ. 6216 (MEL), (S.D.N.Y.); In re Chase Manhattan Securities Litigation, Master File No. 90 Civ. 6092 (LJF) (S.D.N.Y.); In re FPL Group Consolidated Litigation; Case No. 90-8461 Civ. Nesbitt (S.D. Fla.); Daniel Hwang, et al v. Smith Corona Corp., et al, Consolidated No. B89-450 (TFGD) (D. Ct.); In re Lomas Financial Corp. Securities Litigation, C.A. No. CA-3-89-1962-G (N.D. Tex.); In re Tonka Corp. Securities Litigation, Consolidated Civil Action No. 4-90-2 (D. Minnesota); In re Unisys Securities Litigation, Master File No. 89-1179 (E.D. Pa.); In re Alcolac Inc. Litigation, Master File No. CV490-261 (Cir. Ct. Saline Cty. Marshall, Missouri); In re Clozapine Antitrust Litigation, Case No. MDL874 (N.D. Ill.); In re Jiffy Lube Securities Litigation, C.A. No. JHY-89-1939 (D. Md.); In re Beverly Enterprises Securities Litigation, Master File No. CV-88-01189 RSWL (Tx.) [Central District CA]; In re Kenbee Limited Partnerships Litigation, CV-91-2174 (GEB) (District of NJ); Greentree v. Procter & Gamble Co., C.A. No. 6309, April Term 1991 (C.C.P. Phila. Cty.); Moise Katz, et al v. Donald A. Pels, et al and Lin Broadcasting Corp., No. 90 Civ. 7787 (KTD) (S.D.N.Y.); In re Airlines Antitrust Litigation, MDL No. 861 (N.D. GA.); Fulton, Mehring & Hauser Co., Inc., et al. v. The Stanley Works, et al., No. 90-0987-C(5) (E.D. Mo.); In re Mortgage Realty Trust Securities Litigation, Master File No. 90-1848 (E.D. Pa.); Benjamin and Colby, et al. v. Bankeast Corp., et al., C.A. No. C-90-38-D (D.N.H.); In re Royce Laboratories, Inc. Securities Litigation, Master File Case No. 920923-Civ-Moore (S.D. Fla.); In re United Telecommunications, Inc. Securities Litigation, Case No. 90-2251-0 (D. Kan.); In re U.S. Bioscience Securities Litigation, C.A. No. 92-678 (E.D. Pa.); In re Bolar Pharmaceutical Co., Inc. Securities Litigation, C.A. No. 89 Civ. 17 (E.D. N.Y.); In re PNC -12-

Securities Litigation, C.A. No. 90-592 (W.D. Pa.); Raymond Snyder, et al. v. Oneok, Inc., et al., C.A. No. 88-C-1500-E (N.D. Okla.); In re Public Service Company of New Mexico, Case No. 91-0536M (S.D. Cal.); In re First Republicbank Securities Litigation, C.A. No. CA3-88-0641-H (N.D. Tex, Dallas Division); and In re First Executive Corp. Securities Litigation, Master File No. CV-89-7135 DT (C.D. Calif.). * * *

Several courts have favorably commented on the quality of work performed of Arnold Levin, Levin, Fishbein, Sedran & Berman, and Mr. Levin's former firm, Adler, Barish, Levin & Creskoff. Judge Rambo of the United States District Court for the Middle District of Pennsylvania has favorably acknowledged the quality of work of the law firm in her opinion in In re Three Mile Island Litigation, 557 F. Supp. 96 (M.D. Pa. 1982). In that case, the firm was a member of the Executive Committee charged with overall responsibility for the management of the litigation. Notably, the relief obtained included the establishment of a medical monitoring fund for the class. See also, Township of Susquehanna, et al. v. GPU, et al., U.S.D.C., Middle District of Pennsylvania, Civil Action No. 81-0437. In certifying the class in Weiss v. York Hospital, Judge Muir found that "plaintiff's counsel are experienced in the conduct of complex litigation, class actions, and the prosecution of antitrust matters." Weiss v. York Hospital, No. 80-0134, Opinion and Order of May 28, 1981 at 4 (M.D. Pa. Mar. 1981). See also, Weiss v. York Hospital, 628 F. Supp. 1392 (M.D. Pa. 1986). Judge Muir, in certifying a class for settlement purposes, found plaintiff's attorneys to be adequate representatives in In re Anthracite Coal Antitrust Litigation, Nos. 76-1500, 77-699, 77-1049 and found in the decision that "the quality of the work performed by Mr. Levin and by the attorneys from AdlerBarish [a predecessor to Levin, Fishbein, Sedran & Berman] who assisted him -- as exhibited both in the courtroom and in the papers filed -- has been at a high level." In re Anthracite Coal Antitrust Litigation, (M.D. Pa., Jan. 1979). Judge Muir also approved of class counsel in the certification decision of Holmes, et al. v. Penn Security and Trust Co., et al., No. 80-0747. Chief Judge Nealon found plaintiffs' counsel to satisfy the requirement of adequate representation in certifying a class -13-

in Beck v. The Athens Building & Loan Assn., No. 73-605 at 2 (D. Pa. Mar. 22, 1979). Judge Nealon's opinion relied exclusively on the Court's Opinion in Sommers v. Abraham Lincoln Savings & Loan Assn., 66 F.R.D. 581, 589 (E.D. Pa. 1975) which found that "there is no question that plaintiffs' counsel is experienced in the conduct of a class action...." Judge Bechtle in the Consumer Bags Antitrust Litigation, Civil Action No. 77-1516 (E.D. Pa.), wherein Arnold Levin was lead counsel for the consumer class, stated with respect to petitioner: Each of the firms and the individual lawyers in this case have extensive experience in large, complex antitrust and securities litigation. Furthermore, the Court notes that the quality of the legal services rendered was of the highest caliber. In Gentry v. C&D Oil Company, 102 F.R.D. 490 (W.D. Ark. 1984), the Court described counsel as "experienced and clearly able to conduct the litigation." In Jaroslawicz v. Engelhard Corp., No. 84-3641 (D.N.J.), in which this firm played a major role, the Court praised plaintiffs' counsel for their excellent work and the result achieved. In In Re: Orthopedic Bone Screw Products Liability Litigation, 2000 WL 1622741, *7 (E.D.Pa. 2000), the Court lauded Levin, Fishbein, Sedran & Berman counsel as follows: "The court also finds that the standing and expertise of counsel for [plaintiffs] is noteworthy. First, class counsel is of high caliber and most PLC members have extensive national experience in similar class action litigation." In In re Diet Drugs (Phentermine, Fenfluramine, Dexfenfluramine) Products Liability Litigation, MDL Docket No. 1203, the Court commented on Levin, Fishbein, Sedran & Berman's efforts regarding the creation of the largest nationwide personal injury settlement to date as a "remarkable contribution". PTO No. 2622 (E.D.Pa. October 3, 2002). The firm has played a major role in most pharmaceutical litigation in the last 20 years.

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