Kardonick v. JP Morgan Chase & Co. et al

Filing 79

REPLY to Response to Motion re 30 MOTION to Intervene, 31 MOTION to Intervene Memorandum of Law in Support of [Corrected] filed by George Cleaver, David Lundy, Warren Prince, Harold Smith, Trudy Smith, Ennis White. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E)(Dominguez, Manuel)

EXHIBIT A

Taus, Cebulash & Landau, llp
80 Maiden Lane, Suite 1204
New York, New York 10038
212-931-0704
www.tcllaw.com

Firm Resume
Taus, Cebulash & Landau, LLP is a litigation firm with a focus in complex
antitrust, securities fraud and consumer protection class actions. The firm was founded in July
2009 with a few basic guiding principles: we are dedicated to providing the highest quality legal
representation to our clients and class members, while working in an environment that inspires
collaboration, inventiveness and productivity. Our founding partners have worked together for
many years before starting the firm, and we have over 50 years combined experience in our
practice areas.
We have extensive knowledge and experience in pharmaceutical and medical device
antitrust actions. Prior to the founding of Taus, Cebulash & Landau, LLP, our attorneys played a
leadership role in cases where hundreds of millions of dollars were recovered for class members,
including the largest settlement of any direct purchaser class action alleging impeded generic
pharmaceutical competition in the Hatch-Waxman antitrust context (the $250 million Tricor
settlement). We currently represent plaintiffs and class members in pharmaceutical antitrust
actions including Giant Eagle, Inc. v. Cephalon, Inc. et al., 10-cv-5164 (E.D. Pa.), In Re
Wellbutrin XL Antitrust Litigation, 08-cv-2431 (E.D. Pa.), American Sales Company, Inc. et al.
v. Novo Nordisk A/S et al., 10-cv-12141 (E.D. Mich.), and In re Metoprolol Succinate Antitrust
Litigation, 06-cv-52 (D. Del.). Additionally, Taus, Cebulash & Landau, LLP and our co-counsel
represent class members in various other complex antitrust actions in a variety of industries
including In Re Mushrooms Direct Purchaser Antitrust Litigation, 06-cv-620 (E.D. Pa.),
Marchese v. Cablevision Systems Corp., and CSC Holdings, Inc., 10-cv-02190 (D.N.J.),
Universal Delaware Inc. v. Ceridian Corp., et al., 09-cv-2327 (E.D. Pa.), In re Florida Cement
and Concrete Antitrust Litigation, 09-cv-23187 (S.D. Fl.), In re Photochromic Lens Antitrust
Litigation, 10-md-2173 (M.D. Fl.) and Wallach, et al. v. Eaton, et al., 10-cv-260 (D. Del.).
Our attorneys also have significant experience in stockholder, derivative and consumer
class actions having previously taken active roles in such cases as Gutter v. Dupont (S.D. Fl.)
(recovery of $77.5 million for shareholder class); In re Cendant Corporation Derivative
Litigation (D.N.J.) ($54 million recovery for the corporation in derivative action); LiPuma v.
American Express (S.D. Fl.) ($75 million recovery for cardholders in consumer class action).
We currently represent classes of consumers in cases including McCoy v. Capital One Bank
(USA), N.A. and Capital One Services, L.L.C., 10-cv-0185 (S.D. Cal.), In Re National
Arbitration Forum Trade Practices Litigation, 09-cv-01939 (D. Minn.), Conroy v. Citibank, N.A.
et al., 10-cv-4930 (C.D. Ca.), and Marquez v. First Premier Bank of South Dakota et al., 10-cv6898 (C.D. Ca.).

ATTORNEYS
BARRY S. TAUS, PARTNER
Barry S. Taus currently represents plaintiffs and class members in various antitrust class
actions including Universal Delaware Inc. v. Ceridian Corp., et al., In re Wellbutrin XL Antitrust
Litigation, American Sales Company, Inc. et al. v. Novo Nordisk A/S et al., Wallach, et al. v.
Eaton, et al., and Marchese v. Cablevision Systems Corp., et al. and In re Metoprolol Succinate
Antitrust Litigation.
Prior to founding Taus, Cebulash & Landau, LLP, Mr. Taus was a partner for 13 years at
a New York law firm that specialized in class action litigation. At his prior firm, he acted as
Lead Counsel or Co-Lead Counsel for classes of direct purchasers in a number of major,
complex antitrust litigations, including In re Cardizem CD Antitrust Litigation (E.D. Mich.)
(settled for $110 million); In re Terazosin Hydrochloride Antitrust Litigation (S.D. Fla.) (settled
for $75 million); and In re Tricor Antitrust Litigation (D. Del.) (settled for $250 million). He
also actively participated in a number of successfully resolved antitrust actions, including In re
Buspirone Antitrust Litigation (S.D.N.Y.) (settled for $220 million); In re Relafen Antitrust
Litigation (D. Mass.) (settled for $175 million); and In re Remeron Antitrust Litigation (D. N.J.)
(settled for $75 million), and led a number of major antitrust actions that are still pending,
including In re Ciprofloxacin Hydrochloride Antitrust Litigation (E.D. N.Y.); In re K-Dur
Antitrust Litigation (D.N.J.); and In re Modafinil Antitrust Litigation (E.D. Pa.).
As Lead Counsel for the direct purchaser class in the Tricor case, Mr. Taus successfully
negotiated the largest settlement of any direct purchaser class action alleging impeded generic
pharmaceutical competition in the Hatch-Waxman antitrust context ($250 million). Prior to
settlement, Mr. Taus was responsible for overseeing all material aspects of the litigation on
behalf of the direct purchases class, including the extensive research leading to the initial
complaint, analyzing thousands of pages of discovery documents and taking numerous
depositions to marshal evidence to support plaintiffs’ theories relating to liability, antitrust
impact, causation, monopoly power and class certification, retaining and working closely with
numerous experts, and ultimately preparing for and proceeding to trial.
In addition to his antitrust experience, Mr. Taus took a central, active role in numerous
stockholder class action and derivative actions in which his prior firm was Lead Counsel or an
Executive Committee member. These actions included Rebenstock v Fruehauf Trailer Corp.; In
re Par Pharmaceutical Securities Litigation; In re F&M Distributors, Inc. Securities Litigation;
In re Taxable Municipal Bond Litigation; In re Bay Financial Securities Litigation; and Sanders
v. Wang, et. al (resulting in recovery from certain senior executives of stock valued in excess of
$225 million for the benefit of Computer Associates).
Furthermore, Mr. Taus has successfully played a leading role in various complex
consumer class actions, including Cicarell v. Provident Mutual Life Ins. Co. (sales practice
litigation settled for $45 million) and Provident Demutualization Litigation (enjoined
demutualization that would have harmed policyholders).
Mr. Taus graduated cum laude from the State University of New York at Albany in 1986
with a Bachelor of Science degree in Accounting. Mr. Taus graduated from Brooklyn Law
School in 1989, and is admitted to the Bar of the State of New York, as well as the United States
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District Court for the Southern District of New York and the United States Courts of Appeals for
the Second and Eleventh Circuits. He is also a member of the New York State Bar Association
and the American Bar Association.
BRETT CEBULASH, PARTNER
Brett Cebulash currently represents plaintiffs and class members in various antitrust and
consumer class actions including McCoy v. Capital One Bank (USA), N.A., et al., Marchese v.
Cablevision Systems Corp., and CSC Holdings, Inc., et al. Wallach, et al. v. Eaton, et al..;
Conroy v. Citibank, N.A. et al., and Marquez v. First Premier Bank of South Dakota et al.
Prior to founding Taus, Cebulash & Landau, LLP in July 2009, Mr. Cebulash was a
partner for a decade at a New York law firm that specialized in class action litigation. At his
prior firm, he litigated complex class actions in the fields of antitrust, securities, consumer fraud,
insurance and employment law as well as stockholder derivative actions. Representative cases in
these areas include In re Neurontin Antitrust Litigation (D.N.J); Natchitoches Parish Hosp. v.
Tyco (D. Mass.); In re Nifedipine Antitrust Litigation (D.D.C.); In re Terazosin Hydrochloride
Antitrust Litigation (S.D. Fla.); In re Nasdaq Antitrust Litigation (S.D.N.Y.); Rebenstock v.
Fruehauf Trailer Corp. (E.D.Mich.); In re F&M Distributors, Inc. Securities Litigation
(E.D.Mich.); Gutter v. Dupont (S.D.Fla.); In re Cendant Derivative Litigation (D.N.J.); In re Bay
Financial Securities Litigation (D.Mass.); In re Nuveen Funds Litigation (N.D.Ill.); In re
Kemper Funds Litigation (N.D.Ill); In re Bank One Securities Litigation (N.D.Ill); Provident
Demutualization Litigation (Pa. Ct. Common Pleas); In re Diet Drug Litigation (N.J.Civ.); Davis
v. Kodak (W.D.N.Y.) and Diaz v. Electronics Boutique (W.D.N.Y.).
Mr. Cebulash graduated from the University of Virginia with a Bachelor of Arts degree
and from Brooklyn Law School, cum laude. Mr. Cebulash is admitted to practice by the State
Bars of New York and New Jersey, as well as the United States District Courts for the Southern,
Eastern and Western Districts of New York and the United States Courts of Appeals for the First,
Third and Ninth Circuits. He is also a member of the New York State Bar Association.
KEVIN LANDAU, PARTNER
Kevin Landau currently represents plaintiffs and class members in various antitrust and
consumer class actions, including In Re Mushrooms Direct Purchaser Antitrust Litigation, In re
Florida Concrete and Cement Antitrust Litigation, In re National Arbitration Forum Trade
Practices Litigation, McCoy v. Capital One Bank (USA), N.A. and Capital One Services, LLC, In
re Metoprolol Succinate Antitrust Litigation, Conroy v. Citibank, N.A. et al., and Marquez v.
First Premier Bank of South Dakota et al. Mr. Landau also represents Giant Eagle, Inc. in Giant
Eagle, Inc. v. Cephalon, Inc. et al., an antitrust action alleging that Cephalon paid its generic
competitors to stay off the market with their competing generic versions of Provigil.
Prior to founding Taus, Cebulash & Landau, LLP., Mr. Landau was a partner at a New
York law firm that specialized in class action litigation. At his prior firm, he took a central role
in a number of successful antitrust, shareholder class and derivative actions class action
litigations including, Gutter v. Dupont (S.D. Fl.) (recovery of $77.5 million for shareholder
class); In re Cendant Corporation Derivative Litigation (D.N.J.) ($54 million recovery for the
corporation in derivative action); LiPuma v. American Express (S.D. Fl.) ($75 million recovery
3

for cardholders in consumer class action). He also led major antitrust litigations that are still
pending, including In re Mushrooms Antitrust Litig. (E.D. Pa.).
Mr. Landau graduated with high honors from Lehigh University in 1993 with a Bachelor
of Arts in Government. Mr. Landau graduated from Brooklyn Law School in 1996, where he
was a member of the Brooklyn Law Review. Mr. Landau is admitted to the Bar of the State of
New York, as well as the United States District Courts for the Southern and Eastern Districts of
New York, and the United States Court of Appeals for the Second Circuit, Third Circuit,
Eleventh Circuit and D.C. Circuit. He is also a member of the New York State Bar Association
and the American Bar Association.
ARCHANA TAMOSHUNAS, PARTNER
Archana Tamoshunas currently represents classes of drug wholesalers in antitrust class
actions including In re Wellbutrin XL Antitrust Litigation and American Sales Company, Inc. et
al. v. Novo Nordisk A/S et al.
Prior to joining Taus, Cebulash & Landau, LLP in July 2009, Ms. Tamoshunas was an
associate at a New York law firm that specialized in class action litigation. At her prior firm,
Ms. Tamoshunas was counsel in several complex federal antitrust class actions including those
involving the pharmaceutical and medical device industries, as well as employment class actions.
She has been heavily involved in all aspects of the litigation process in cases in which her firm
was lead or co-lead counsel. She has been active in the day to day management of discovery,
briefing, class certification and trial preparation in a number of cases including In re Relafen
Antitrust Litigation (D. Mass.); In re Terazosin Hydrochloride Antitrust Litigation (S.D. Fla.)
and Natchitoches Parish Hospital District et al. v. Tyco International, et al. (D. Mass.).
Ms. Tamoshunas graduated from Williams College, cum laude, in 1995 (B.A. Political
Science and Studio Art) and New York University School of Law in 1999, where she was a
member of the Moot Court Board. Ms. Tamoshunas is admitted to the Bar of the State of New
York as well as the Southern and Eastern Districts of New York and the First Circuit Court of
Appeals. After graduating from law school, Ms. Tamoshunas represented the City of New York
in Family Court for three years.

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FIRM RESUME
STEVEN A. OWINGS is a founding partner of Owings Law Firm. Mr. Owings is a
graduate of the Boston Conservatory of Music and the University of Arkansas at Little Rock
School of Law.
Mr. Owings focuses his law practice in the areas of tort and insurance law, consumer
fraud, and commercial litigation. Mr. Owings has substantial experience in the area of class
action litigation, particularly in the area of consumer fraud. His litigation practice has generated
multi-million-dollar jury verdicts and settlements. His practice with the firm is concentrated in
the areas of class action consumer fraud litigation and injuries arising from defective products.
Mr. Owings’ professional affiliations include the Arkansas and American Bar
Associations, Arkansas Trial Lawyers Association, the Association of Trial Lawyers of America,
and the National Association of Consumer Advocates. He is licensed to practice law in the
Arkansas state courts, the United States District Courts for the Eastern and Western Districts of
Arkansas, and the United States Court of Appeals, Eighth Circuit.
Professional Memberships and Associations:
Arkansas and American Bar Associations
Arkansas Trial Lawyers Association
The Association of Trial Lawyers of America
National Association of Consumer Advocates
Class Action Experience:
Spinelli v. Capital One Bank (USA), N.A. et al. Civil Action No.: 8:08-CV-132-T-33EAJ
(M.D. Fla.)
Foster v. Capital One Bank, Pulaski County Circuit No. CV 2002-3775.
In Re Goodyear Tire & Rubber Co. ERISA Litig., 2004 U.S. Dist. 5:03-CV-02182, April
22, 2004.
Hill v. BellSouth Corp., 313 F. Supp. 2d 1361, (2004).
Watson v. Phillip Morris Cos., 420 F.3rd 852; 126 S. Ct. 2315, 164 L.Ed. 2d 812 (2006).
Holloway v. Rice, 340 F.3d705 (2003).
Frelin v. Oakwood Homes Corp. 292 B.R. 369 (2003).
In re Wireless Tel. Fed. Cost Recovery Fees Litig., 396 F. 3d 922 (2004).

1400 Brookwood Drive, Little Rock, AR 72202 * Phone: [phone] * Fax [phone] * www.owingslawfirm.com