Kardonick v. JP Morgan Chase & Co. et al

Filing 298

Plaintiff's MOTION for Attorney Fees and Reimbursement of Litigation Expenses by David Kardonick. Responses due by 8/15/2011 (Attachments: # 1 Exhibit Declaration, # 2 Exhibit 1, # 3 Exhibit 2, # 4 Exhibit 3, # 5 Exhibit 4, # 6 Exhibit 5, # 7 Exhibit 6, # 8 Exhibit 7, # 9 Text of Proposed Order)(Ku, Brian)

EXHIBIT 1

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF FLORIDA
DAVID KARDONICK, JOHN DAVID,
and MICHAEL CLEMINS, individually
and on behalf of all others similarly
situated,

Plaintiffs,
v.

JPMORGAN CHASE & CO. and
CHASE BANK USA, N.A.

C. A. No. 1-lO-cv-23235-WMH

Defendants.

DECLARATION OF J. ALLEN CARNEY IN SUPPORT OF JOINT APPLICATION
FOR ATTORNEYS' FEES AND REIMBURSEMENT OF EXPENSES FILED ON
BEHALF OF CARNEY WILLIAMS BATES PULLIAM & BOWMAN, PLLC
I, J. Allen Carney, declare as follows:
1. I am a partner with the law firm of Carney Wiliams Bates Pulliam & Bowman,

PLLC. I submit this declaration in support of my firm's application for an award of attorneys'
fees and in connection with services rendered in this case, as well as the reimbursement of

expenses incuned by my firm in connection with this litigation.

2. My firm performed the following tasks, among others, during the litigation:
investigated the facts underlying the litigation, wrote, reviewed and/or revised the complaints,
and participated in settlement discussions.
3. The schedule attached hereto as Exhibit A is a detailed summary indicating the

amount of time spent by each attorney and paralegal of my firm who was involved in this
litigation, and the lodestar calculation based on my firm's cunent billing rates. For attorneys and

paralegals who are no longer employed by my firm, the lodestar calculation is based upon the
billing rates for such attorneys and paralegals in his or her final year of employment by my firm.

The schedule was prepared from contemporaneous time records regularly prepared and

maintained by my firm, which are available at the request of the Court. Time expended in
preparing this application for fees and reimbursement of expenses has not been included in this
request.
4. The hourly rates for the attorneys and paralegals in my firm included in Exhibit A

are the same as the regular cunent rates charged for non-contingent matters and/or which have

been accepted in oth~r litigation.
5. The total number of hours expended on this litigation by my firm is 1423.80

hours. The totallode"star for my firm is $874,323.75. See Exhibit A.

6. My firm's lodestar figures are based upon the firm's biling rates, which rates do
not include charges for expense items. Expense items are biled separately and such charges are

not duplicated in my fiims' biling rates.

7. As detailed in Exhibit B, my firm has incuned a total of $40,456.1 0 II
unreimbursed expenses in connection with the prosecution of this litigation.
8. The expenses incurred in this action are reflected in the books and records of my

firm. These bo~ks and records are prepared from expense vouchers, check records and other
source materials and are an accurate record of the expenses incurred.

9. With respect to the standing of my firm, attached hereto as Exhibit C is a brief

Dated: July 27, 2011

2

EXHIBIT A

Lodestar Summary
CARNEY WILLIAMS BATES PULLIAM & BOWMAN, PLLC
Timekeeper
Bates, Hank (P)

Bowman, Curtis (P)
Bozeman, Marcus (P)
Carney, J. Allen (P)
Kauffman, James (A)
Oldham, Tiffany (A)
Pulliam, Randall K. (P)

Williams, Darrin (P)
TOTAL

Timekeeper Status
(P) = Partner
(A) = Attorney
(LC) = Law Clerk
(PL) = Paralegal

Hours
23.80
106.00
158.25
522.00
88.00
92.25
432.25
1.25
1423.80

Rate
600.00
700.00
600.00
700.00
350.00
375.00
600.00
600.00

Lodestar
$14,280.00
$74,200.00
$94,950.00
$365,400.00
$30,800.00
$34,593.75
$259,350.00
$750.00
$874,323.75

EXHIBIT B

CARNEY WILLIAMS BATES PULLIAM & BOWMAN, PLLC
EXPENSE SUMMARY

Expense
Mediation
Filing Fee/Court Fees
T ravel/F ood/M isc.

Telephone/F acsimile
In-house photocopying/printing
Postage/Overn ig ht/C ourie r

Legal Research
TOTAL

Total
$15,208.00
$150.00
$20,312.11
$319.11
$673.00
$59.59
$1,745.07
$40,456.10

CARNEY ~ WILLIAMS
CARNEY vVILLIAlvlS BATES PULLIAJ\1& BO'VVlvíAN¡ PLLC

11311 Arcade Drive, Suite 200

Little Rock, Arkansas 72212
Toll Free: 888-551-9944
Phone: [phone]
Fax: [phone]

www.CarneyWilliams.com

Table of Contents
The Firm's Practice and Achievements ....................................

Professional Biographies .......................................... . . . . . 1-7

Attorneys
J. Allen Carney .................................................. 1

Darrin L. Wiliams ............................................... 2

Hank Bates ..................................................... 3
Randall K. Pullam ............................................... 4

Curtis L. Bowman . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 4

James L. Kauffman.. . . . . . . . . . . . . . . . . . . ...... .. . . . . . . . . . .. . . .. . . .. 6
Tiffany Wyatt Oldham ............................................ 6
Leadership Positions ................................................ 7- 10

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The Firm's Practice and Achievements
Carney Wiliams Bates Bozeman & Pullam, PLLC ("Carney Wiliams") is a national law firm that represents

investors and consumers in class action and corporate governance litigation. It is one of the country's
premiere firms in the area of securities fraud, with in-house finance and forensic accounting specialists and
extensive trial experience.
The attorneys at Carney Wiliams are uniquely qualified to prosecute complex accounting and financial fraud
the nation's largest

cases. The firm's attorneys include a CPA and a former investment banker with one of

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 pending throughout the country.
In addition to its strong personnel, Carney Wiliams 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

respect and credibility with the defense bar and insurance carriers that often defend
and insure corporations and their offcers and directors.
firm enjoys a high level of

As a firm, Carney Wiliams 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, flexibilty and satisfaction than a large firm environment, without
sacrificing the quality of representation necessary to achieve successful results for its clients.

The Firm's Attorneys
J. ALLEN CARNEY is a partner of the firm.
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.

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. While at Jack, Lyon & Jones, Mr. Carney had the privilege
of representing some of the State's and the nation's largest employers, including Southwestern Bell

Telephone Company, American Standard, Inc., and Babcock & Wilcox.
Mr. Carney has been involved in a number of

high-profie cases, including the successful defense of

Capital

Cities/ABC News in an action brought by Tyson Foods regarding the secret videotaping of chicken
two Fortne 100 companies, during an energy

processing plants; representing a joint venture comprised of

shortage, involving the lease and alleged damage of several large electrical generators; and the successful
defense before the Eighth Circuit Court of Appeals of an issue of first impression under the Family and
Medical Leave Act. Mr. Carney is a frequent lecturer to human resources professionals and attorneys
regarding litigation and employment matters. For approximately six years, he was a frequent contributor to
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Arkansas Employment Law Newsletter, a monthly publication with more than seven hundred (700)
subscribers. Additionally, Mr. Carney co-authored and edited a twenty-seven chapter Employment Law Desk
Book fur Arkansas Employers (1997). The book highlights federal and state labor and employment laws,
rules and regulations.

Mr. Carney is actively involved in the firm's securities practice, having held leadership positions in numerous
cases: In re Lernout & Hauspie Securities Litigation, No. 00-11589-PBS (D. Mass.) ($115 milion
settlement); In re NewPower Securities Litgation, No. 2-CV~1550 (S.D.N.Y.) ($41 milion settlement); In
re DQE, Inc. Securities Litigation, No. 01-1851 (W.D. Pa.); In re Ashanti Goldfields Securities Litigation,
No. CV-00-9717 (DGT) (RML) (E.D.N.Y.); In re Central Parking Corporation Securities Litigation, No.
03-CV-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. aI., No. CV-99-822-PHX-RGS (D. Ariz.).

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.

DARRIN L. WILLIAMS is a partner of the firm.
Mr. Wiliams received his Bachelor of Arts degree in History from Hendrix College in Conway, Arkansas.

Mr. Wiliams earned his juris doctorate degree from Vanderbilt University School of Law. While at
Vanderbilt, Mr. Wiliams served as the Chief Justice of the Moot Court Board, received the American
Jurisprudence Book Award for earning the highest grade in Torts, and was an Earl Waren Scholar, NAACP
Legal Defense Fund. Mr. Wiliams also earned his Master of Law in Securities and Financial Regulation
from Georgetown University Law Center. While working on his Master of
Law, he worked in the General
Counsel's Offce of
the United States Securities and Exchange Commission.

Mr. Wiliams, a principal institutional investor contact for the firm, devotes a substantial portion of his
practice to representing institutional investors seeking financial recovery for losses suffered as a result of
securities fraud. Mr. Wiliams heads up the Institutional Monitoring Department for the firm, handling all
asset monitoring and case start-ups, including Lead Plaintiff motions. Mr. Wiliams is a member of several
institutional investor organizations, including: the Council ofInstitutional Investors, the National Association
of Public Pension Fund Attorneys, the National Conference of
Public Employee Retirement Systems and the
National Association of Securities Professionals.
Deputy Attorney General for the State of
Arkansas, where he directed all of the legal work of the office, including the representation of the state's

Immediately prior to joining the firm, Mr. Wiliams was the Chief

constitutional offces, agencies, boards and commissions. During his time in the Office. of the Arkansas

Attorney General, Mr. Wiliams' legal skil and leadership resulted in the offce recovering milions of dollars
on behalf of Arkansas consumers. Because of Mr. Wiliams' work to protect senior consumers from fraud,
he was invited to testifY before the United States House of
Representatives Committee on Ways and Means.
Mr. Wiliams has also served as an aide to a United States Senator and the United States Senate Sergeant at
Arms, as well as general counsel to a business consulting corporation.

Mr. Wiliams' professional associations include membership in the American Bar Association, the National
Bar Association, the Arkansas Trial Lawyers Association and the Arkansas Bar Association, where he is a
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the Jurisprudence and Law Reform and the Legal Services Committees. Mr. Wiliams was named
the W. Harold Flowers Law Society, Distinguished Alumnus at Hendrix
College, and to Arkansas Business' "Fort under Fort." Mr. Wiliams is licensed to practice in the State of
Arkansas, the Eastern and Western Districts of Arkansas, as well as the United States Supreme Court.

member of

Outstanding Government Lawyer by

Mr. Wiliams is also active in community, civic and political matters. Mr. Wiliams is a member of the
Arkansas House of Representative and presently serves as Chairman of the Judiciary Committee.
Additionally, Mr. Wiliams serves as a board member for Central Arkansas Radiation Therapy Institute and
Our House, Inc. He is frequently asked to speak on legal and political topics throughout Arkansas and at
conferences around the country.

HANK BATES is a partner of the firm.
Mr. Bates received his Bachelor of Arts degree in History and Literature from Harvard University in 1987
where he was a National Merit Scholar and graduated with honors. After college, Mr. Bates was awarded
Manchester, Manchester, Great Britain.
a Rotary International Fellowship to the University of

Mr. Bates received his juris doctorate from Vanderbilt University School of Law in 1992, where he was
awarded the Andrew Ewing Scholarship, graduated Order of the Coif, served as Articles Editor of the
Vanderbilt Law Review and on the Moot Court Board, received American Jurisprudence Awards or "top
paper" in five classes, authored Note, "Out of Focus: The Misapplication of Equitable Remedies in the
Nontraditional Arena of School Desegregation," 44 Vanderbilt Law Review 1315, 1991; and served as
Symposium Editor and authored the Introduction for the 1992 Symposium Issue of the Review, "A
Reevaluation of the Canons of Statutory Interpretation," 45 Vanderbilt Law Review No.3, 1992.
Following graduation from law school, Mr. Bates served as a law clerk for the Honorable Danny J. Boggs,
Circuit Judge for the United States Court of Appeals for the Sixth Circuit in 1992 and 1993. Following his
law
and worked as an Associate Attorney with EarthJ ustice Legal Defense Fund. Mr. Bates was involved in highwestern streams that provide
profie and significant litigation involving, among other issues, preservation of
habitat for endangered salmon and steelhead trout, remediation of contamination at decommissioned miltary
bases, preservation of old-growth forest habitat for the Spotted Owl and other endangered species, protection
of California coastal lands from over-development and oil exploration, and the establishment of emissions
clerkship, Mr. Bates moved to California where he focused his practice on public interest environmental

trading programs for industries in southern California.

In 1998, Mr. Bates returned home to Little Rock, Arkansas where his practice has included a broad spectrum
of environmental
litigation, including industrial pollution, groundwater pollution from underground storage
tanks and other facilities, air pollution, toxic exposures, oil and gas exploration and production waste, crop
damage and personal injury from pesticides, as well as claims against federal and local governmental agencies
mandates to protect the environment. Mr. Bates has represented numerous
that have not fulfilled statutory

individuals and entire communities (numbering hundreds of households) in complex and high-profie
litigation involving air pollution, groundwater pollution and toxic exposures resulting in multi-milion dollar
recoveries and agreements and court orders requiring remediation of contamination and compliance with
applicable environmental laws and regulations in the future. Mr. Bates is a frequent lecturer on subjects
related to environmental law and toxic torts. In addition, Mr. Bates is involved in the firm's consumer
protection class action litigation.

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Mr. Bates is an active member of the bar, serving as Vice-Chairman of the American Bar Association's

Committee on Pesticides, Chemical Regulation, and Right-to-Know; on the Governing Board of the
Environmental Law Section of the Arkansas Bar Association; and as Arkansas State Coordinator for Trial
Lawyers for Public Justice. In addition, he is a member of the Arkansas Trial Lawyers Association, the
Association of Trial Lawyers of America, and the California Bar Association.

Federal
Mr. Bates is licensed to practice in the State of Arkansas, the State of
California, the U.S. Court of
Claims, the U.S. Circuit Court of Appeals for the Eight 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.
RANDALL K. PULLIAM is a Parter of

the firm.

Business Administration
Business.
degree, where he was nominated for Outstanding Management Student in the university's School of
Mr. Pullam later earned his Master of
Business Administration degree from the University of Arkansas, with
an emphasis in Finance. Mr. Pullam 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 graduated from the University of

Central Arkansas with a Bachelor of

the securities industr, holding his Series 7 General
Securities Representative license. Mr. Pullam worked for Stephens, Inc. as an Equity Trader for four years,
where he executed in excess of $2 bilion in securities transactions each year and participated in the firm's
underwriting and Initial Public Offering allocation decisions. Prior to working at Stephens, Mr. Pullam
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. Pullam has substantial experience in many areas of

Prior to joining the firm, Mr. Pullam had a successful law practice in a variety of legal areas, including
commercial

litigation, where he gained extensive courtroom experience, successfully trying severaljury trials.

Mr. Pullam's practice focuses primarily upon representing investors seeking financial recovery for losses
suffered as a result of securities fraud, including derivative lawsuits fied against corporate boards, seeking
to impose corporate governance reforms aimed at protecting shareholders and eliminating corporate waste
and abuse. Mr. Pullam has been appointed lead or co-lead counsel in dozens of cases throughout the countr.
Additionally, Mr. Pullam is one of
the firm's principal individual investor client contacts and serves as a
liaison to the firm's institutional clients.
CURTIS L. BOWMAN is a partner of

Mr. Bowman earned his Bachelor of

the firm.

Science degree in Accounting from the University of Arkansas in May

1981, where he was recognized as the Outstanding Accounting Student in his class. Mr. Bowman is a
Certified Public Accountant having worked for several years with Price Waterhouse. Mr. Bowman earned
Law, where
the Law Review and received multiple American Jurisprudence Book Awards for earning

hisjuris doctorate with Highest Honors from the University of Arkansas at Little Rock, School of
he was an Editor of

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the highest grade in the school in several courses.

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 ofthe 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 reviewabilty 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), affrmed by the Eleventh Circuit Court of Appeals and

subsequently overtrned prospectively by Congress. During his tenure at the Justice Departent, Mr.
the Tax Division (nationwide).

Bowman was recognized as the "Outstanding Attorney" of

In 1990, Mr. Bowman returned to Little Rock, Arkansas, where he began his private practice oflaw with the
firm of Jack, Lyon & Jones, P.A. In 1993, Mr. Bowman became a parter 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 profie 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 Star. 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 offcers 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 is also actively involved in many of the firm's securities class actions, particularly those
involving accounting fraud, and is taking the lead role for the firm in such cases as Rosa E. Garza v. JD.
Edwards & Co., U.S.D.C. District of
JDN Realty

Corp., et

al.

, U.S.D.C. Northern

Colorado, No. 99-1744, ($15 milion settlement); Betty M Lynch v.
District
Division, No. i :00-CV-2539 (settled
of Georgia, Atlanta

for more than $40 milion in cash and stock with II % of the total settlement allocated to Mr. Bowman's
clients); In re Phycor Shareholder Litigation, U.S.D.C., Middle District of
Tennessee, Nashvile Division,
No. 3-99-0807 ($11.2 milion cash settlement); and In re Vision America Securities Litigation, U.S.D.C.,
Middle District of

Tennessee, Nashvile Division, No. 3-00-0279 ($5.9 milion settlement).

Mr. Bowman is currently working on one of the most significant securities cases to be brought in recent
history, In re Initial Public Offering Securities Litigation, 21 MC 92 (SAS) (S.D.N.Y.), which alleges that

more than 50 investment banking firms, and over 300 companies and certain officers and directors
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manipulated the high tech initial public offering markets.

JAMES L. KA UFFMAN is an associate of the firm.
Mr. Kauffman earned his Bachelor of

Science from the University of

Florida, receiving a dual degree in

Financial Management and Insurance. Subsequently, Mr. Kauffman graduated with Honors from the

Law. During his law school career, Mr. Kauffman practiced as a
certified legal intern within the Virgil C. Hawkins Civil Clinic, assisting indigent clients fie pro se
lawsuits. Additionally, Mr. Kauffman was distinguished as the top student in Trial Practice.

University of

Florida Levin College of

Prior to joining the firm, Mr. Kauffman worked as a financial advisor for Morgan Stanley Dean Witter.
While at Morgan Stanley, Mr. Kauffman underwent comprehensive Series 7 training, which included
option strategies, margin accounts, and underwriting of initial public offerings. Mr. Kauffman left
Morgan Stanley Dean Witter in Fall of 1999 to pursue his law degree.

Mr. Kauffman is licensed to practice in the State of Arkansas and the Eastern and Western Districts of the
the American and Arkansas
Bar Associations. Mr. Kauffman's areas of expertise include securities law, corporate law, mediation,

United States District Court in Arkansas and in Florida. He is a member of

and arbitration. His practice with the firm focuses primarily upon representing investors seeking financial

recovery for losses suffered as a result of securities fraud.

Mr. Kauffman is one of the firm's principal attorneys working on what has been called one of the nation's
largest and most significant securities fraud cases. In re Initial Public Offering Securities Litigation,

21Me 92(SAS)(S.D.N.Y.).

TIFFANY WYATT OLDHAM is an associate of

the firm.

Law in 2001.
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 Bachelors of Arts in English from the University of Arkansas at
Ms. Oldham graduated cum laude from the University of Arkansas at Fayettevile School of
She served as a member ofthe Board of Advocates and the W.E. Putman Inns of

Fayettevile.
Prior to joining the firm, Ms. Oldham worked for the Japanese municipal government in Urasoe City,
Okinawa, Japan. While abroad, Ms. Oldham's primary focus was on international relations. In addition,
Ms. Oldham worked as an intern for the U.S. Bankruptcy Court, Western Division of Arkansas, where
she assisted in researching bankruptcy issues and administrating bankrptcy 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
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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. Ms. Oldham has had significant involvement:
In re Fleming Companies, Inc. Securites and Derivative Litigation, 5-030MD-1530 (TJW) (E.D. Tex.);
In re Keyspan Securities Litgation, 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. i :OO-CV-

2347-CC (N.D. Ga.); Asher v. Baxter International, Inc., et. al., No. 02-CV-5608 (N.D. 11).

Leadership Positions
Cases where the attorneys of

Lead or Co-Lead

Carney Wiliams has held a leadership position of

Plaintiffs' Counselor as a member of

the Executive Committee of

Counsels:

Martin Gaynor v. Thorne, et aI., Circuit Court of Cook County, Ilinois County, Dept of
Chancery, Case No. 07-CH-14381

Pierce v. Ryerson Inc. et aI., Ilinois Circuit Court, Cook County, Case No. 07 CH 21060
Pennsylvania Avenue Funds v. Gerard H. Brandi, et al., Common Wealth of

Massachusetts

Superior Court, Middlesex County, Case No. CV 08-1057
Middlesex County Retirement System v. Semtech Corp. et ai, United States District Court of
Southern District of

In re Sterling Financial Corporation Securites Class Action, United States District Court of
Southern District of

the

New York, Case No. 07-Civ-7183 (DC) (Proposed settlement $20 milion)
the

New York, Case No. CV 07-2171(Co-Lead Counsel; $10.25 milion settlement)

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 milion)

District of

In re Nationwide Financial Services Litgation, United States District Court for the Southern
Ohio, Case No. 08-CV-00249 ($5.05 per share increase in offer price; $232.8 milion value)
Sheet Metal Workers Local

Court for the Southern District of

28 Pension Fund v. Offce Depot, Inc. et al., United States District

Florida, Case No. 07-81038-CIV-Hurley/Hopkins

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)

Desert Orchid Partners, LLC v. Transaction Systems Architects, Inc., United States District Court

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for the District of

of

Nebraska, Case No. 02-CV -553 (Co-Lead Counsel; $24.5 milion settlement)

In re Ashanti Goldfields Securities Litigation, United States District Court for the Eastern District
New York, No. CV-00-0717 (DGT) (RML) (Co-Lead Counsel; $15 milion settlement)

District of

Brian Asher v. Baxter International, Inc., et al., United States District Court for the Northern
Ilinois, Eastern Division, Case No. 02 C 5608 (Co-Lead Counsel)

In re Beverly Enterprises, Inc. Derivative Litigation, United States District Court for the Eastern
District of Arkansas, Western Division, No. LR-C-99-826 (Co-Lead Counsel)

of

In re Blockbuster, Inc. Securities Litigation, United States District Court for the Northern District
Texas, Dallas Division, No. 3:03-CV-03098-M LEAD (Co-Lead Counsel)

District of

Lynne H. Sinay, et al. v. Boron LePore & Assocs., Inc., et aI., United States District Court for the
New Jersey, No. 99-2231 (DRD) (Co-Lead Counsel; $4.7 milion settlement)

In re DQE, Inc. Securities Litigation, United States District Court, Western District of
Pennsylvania, No. 01-1851 (Co-Lead Counsel; $12 milion settlement)

In re Dynacq International, Inc. Securities Litigation, United States District Court for the
Texas, Houston Division, No. H-02-0377 (Co-Lead Counsel)

Southern District of

In re Eaton Vance Corporation Securities Litigation, United States District Court for the District
of

Massachusetts, Civil Action No. 01-10911-EFH (Co-Lead Counsel; $5 milion settlement)
In re Keyspan Securities Litigation, United States District Court for the Eastern District of

New

York, No. CV-01-5852 (ARR) (MDG) (Co-Lead Counsel; $13.75 milion settlement)
Todd Holley, et al. v. Kitty Hawk Inc., et aI., United States District Court for the Northern District
of

Texas, Dallas Div., No. 3-00-CV-0828-P (Co-Lead Counsel; $2.75 milion settlement)

In re Lernout & Hauspie Securities Litigation, United States District Court for the District of
Massachusetts, No. 00-CV-11589-PBS (Co-Lead Counsel; $115 milion settlement)
In re Loral Space & Communication Ltd. Securities Litigation, United State District Court for the
New York, Master File No. 01-CV-1388 (JGK) (Co-Lead Counsel)

Southern District of

Isabel J Grifn, et al. v. MedPartners, Inc., et al., Circuit Court of Jefferson County, Alabama,

-8-

No. CV-98-00297 (Lead Counsel for purchasers of

TAPS Securities; $25 milion settlement for TAPS

purchasers, $65 milion total settlement)
In re Monterey Pasta Company Securities Litgation, United States District Court for the
California, No. 3:03 CV 00632 MJJ (Co-Lead Counsel)

Northern District of

Harold Hicks v. Morgan Stanley & Co., et al., United States District Court for the Southern
New York, Civil Action No. 01 CV 10071 (Co-Lead Counsel; $10 milion settlement)
In re National Golf Properties, Inc. Securites Litgation, United States District Court for the
Central District of
California, Western Division, No. 02-1383-GHK(RZx; $4.175 milion settlement)
District of

District of

In re NewPower Holdings Securities Litigation, United States District Court for the Southern
New York, Civil Action No. 01 civl550 (CLB) (Co-Lead Counsel; $41 milion settlement)
In re Phycor Shareholder Litigation, United States District Court for the Middle District

Tennessee, No. 3:990807 (Co-Lead Counsel; $11.2 milion 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 milion settlement)
Yvon DuPaul v. H Edwin Trusheim, et al. (Rehabcare Group), Circuit Court of

the county of St.

Louis, Missouri, No. 02 CC 3039 (Lead Derivative Counsel)

In re Supervalu, Inc. Securities Litigation, United States District Court for the District of
Minnesota, No. 02-CV-1738 (JEUJGL) (Co-Lead Counsel; $4 milion settlement)

District of

George Lehocky v. Tidel Technologies, Inc. et al., United States District Court for the Southern
Texas, Houston Division, No. H-01-3741 (Executive Committee)

David Montalvo v. Tripos, Inc. et al., United States District Court for the Eastern District of
Missouri, Eastern Division, No. 4:03CV995SNL (Co-Lead)
In re u.s. Liquids Securities Litgation, United States District Court for the Southern District of

Texas, Houston Division, No. H-99-2785 (Co-Lead Counsel)

District of

Irene Abrams v. VanKampen Funds, Inc., et al., United States District Court for the Northern
Ilinois, Eastern Division, No. 01 C 7538 (Co-Lead Counsel; $30 milion settlement)

In re Vision America Securities Litigation, United States District Court for the Middle District of
Tennessee, Nashvile Division, No. 3-00-0279 (Co-Lead Counsel; $5.9 milion settlement)
-9-

In re Fleming Corporation Securities Litigation, United States District Court for the Eastern
Texas, Texarkana Division, No. 5-02-CV-178 (Co-Lead Counsel for 33 Act Claims; $93.75
milion settlement)
District of

David Slone, et.al. v. Fifh Third, United States District Court for the Southern District of

No. 03-CV -00211 ($15 milion settlement)

-i 0-

Ohio,