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DECLARATION OF ELIZABETH P. LIN IN SUPPORT OF THE MOTION OF THE MCNAUGHT GROUP FOR CONSOLIDATION,
APPOINTMENT AS LEAD PLAINTIFF AND APPROVAL OF LEAD COUNSEL
Case No. 3:05-CV-00295 (PJH)
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MILBERG WEISS BERSHAD
& SCHULMAN LLP
JEFF S. WESTERMAN (SBN 94559)
ELIZABETH P. LIN (SBN 174663)
355 South Grand Avenue, Suite 4170
Los Angeles, CA 90071
Telephone: (213) 617-1200
Facsimile: (213) 617-1975
STEVEN G. SCHULMAN
PETER E. SEIDMAN
ANDREI V. RADO
One Pennsylvania Plaza
New York, NY 10119
Telephone: (212) 594-5300
Facsimile: (212) 868-1229
WOLF POPPER LLP
MARIAN P. ROSNER
PATRICIA I. AVERY
RENEE L. KARALIAN
845 Third Avenue
New York, NY 10022
Telephone: (212) 759-4600
Facsimile: (212) 486-2093
[Proposed] Lead Counsel for Plaintiffs
UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA
SAN FRANCISCO DIVISION
GARY HUNT, Individually and On Behalf of
All Others Similarly Situated,
Plaintiff,
vs.
SILICON STORAGE TECHNOLOGY, INC.,
BING YEH, YAW-WEN HU, and JACK K.
LAI,
Defendants.
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Case No. 3:05-CV-00295 (PJH)
CLASS ACTION
DECLARATION OF ELIZABETH P. LIN IN
SUPPORT OF THE MOTION OF THE
MCNAUGHT GROUP FOR
CONSOLIDATION, APPOINTMENT AS
LEAD PLAINTIFF AND APPROVAL OF
LEAD COUNSEL
DATE:
May 16, 2005
TIME:
9:00 a.m.
CTRM:
Hon. Phyllis J. Hamilton
(Additional Captions Set Forth Below)


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DECLARATION OF ELIZABETH P. LIN IN SUPPORT OF THE MOTION OF THE MCNAUGHT GROUP FOR CONSOLIDATION,
APPOINTMENT AS LEAD PLAINTIFF AND APPROVAL OF LEAD COUNSEL
Case No. 3:05-CV-00295 (PJH)
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SOPHIA GROBLER, On Behalf of Herself and
All Others Similarly Situated,
Plaintiff,
vs.
SILICON STORAGE TECHNOLOGY, INC.,
JACK LAI, BING YEH, YASUSHI
CHIKAGAMI and ISAO NOJIMA,
Defendants.
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Case No. 3:05-CV-00376 (PJH)
ROY TALMO, Individually and On Behalf of All
Others Similarly Situated,
Plaintiff,
vs.
SILICON STORAGE TECHNOLOGY, INC.,
BING YEH, JACK K. LAI, ISAO NOJIMA, and
YASUSHI CHIKAGAMI,
Defendants.
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Case No. 3:05-CV-00390 (PJH)
GARY HUNT, Individually and On Behalf of All
Others Similarly Situated,
Plaintiff,
vs.
SILICON STORAGE TECHNOLOGY, INC.,
JACK K. LAI, BING YEH, and YAW-WEN HU,
Defendants.
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Case No. 3:05-CV-00408 (PJH)
PAT A. DICINTIO, Individually and On Behalf of
All Others Similarly Situated,
Plaintiff,
vs.
SILICON STORAGE TECHNOLOGY, INC.,
JACK K. LAI, BING YEH, and YAW-WEN HU,
Defendants.
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Case No. 3:05-CV-00708 (PJH)


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DECLARATION OF ELIZABETH P. LIN IN SUPPORT OF THE MOTION OF THE MCNAUGHT GROUP FOR
CONSOLIDATION, APPOINTMENT AS LEAD PLAINTIFF AND APPROVAL OF LEAD COUNSEL
Case No. 3:05-CV-00295 (PJH)
-1-
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I, Elizabeth P. Lin, hereby declare as follows:
1.
I am an associate of the law firm of Milberg Weiss Bershad & Schulman LLP
(“Milberg Weiss”). I submit this declaration in support of the Motion of Henry A. Ciccarone, Jr., J.
David McNaught, Steven Kroff, Shahar Yonay and Parshan Singh Johal (the “McNaught Group”)
for consolidation, their appointment as Lead Plaintiff, and approval of their selection of Lead
Counsel.
2.
Attached hereto as Exhibit A is a true and correct copy of the first notice announcing
the filing of the class action, on Business Wire on January 21, 2005.
3.
Attached hereto as Exhibit B are true and accurate copies of the certification of each
of the Movants.
4.
Attached hereto as Exhibit C is a chart detailing Movants’ financial interest in this
matter.
5.
Attached hereto as Exhibit D is the firm resume of Milberg Weiss Bershad &
Schulman LLP.
6.
Attached hereto as Exhibit E is the firm resume of Wolf Popper LLP.
I declare under penalty of perjury under the laws of the United States of America that the
foregoing is true and correct. Executed March 22, 2005 in Los Angeles, California.
/s/ Elizabeth P. Lin
ELIZABETH P. LIN


                                                                                                       Page 4
DECLARATION OF ELIZABETH P. LIN IN SUPPORT OF THE MOTION OF THE MCNAUGHT GROUP FOR
CONSOLIDATION, APPOINTMENT AS LEAD PLAINTIFF AND APPROVAL OF LEAD COUNSEL
Case No. 3:05-CV-00295 (PJH)
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DECLARATION OF SERVICE BY MAIL
I, the undersigned, declare:
1.
That declarant is and was, at all times herein mentioned, a resident of the County of
Los Angeles, over the age of 18 years, and not a party to or interest in the within action; that
declarant’s business address is 355 South Grand Avenue, Suite 4170, Los Angeles,
California 90071.
2.
That on March 22, 2005, declarant servedthe DECLARATION OF ELIZABETH P.
LIN IN SUPPORT OF THE MOTION OF THE MCNAUGHT GROUP FOR CONSOLIDATION,
APPOINTMENT AS LEAD PLAINTIFF AND APPROVAL OF LEAD COUNSEL by depositing a
true copy thereof in a United States mailbox at Los Angeles, California in a sealed envelope with
postage thereon fully prepaid and addressed to the parties listed on the attached Service List.
3.
That there is a regular communication by mail between the place of mailing and the
places so addressed.
I declare under penalty of perjury that the foregoing is true and correct. Executed this 22nd
day of March, 2005, at Los Angeles, California.
/s/ Ann Marie Genovese
ANN MARIE GENOVESE


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1
S
ILICON
S
TORAGE
T
ECHNOLOGY
,I
NC
.
S
ERVICE
L
IST
M
ARCH
22, 2005
Attorneys for Plaintiffs:
Patrick J. Coughlin, Esq.
L
ERACH
C
OUGHLIN
S
TOIA
G
ELLER
R
UDMAN
&R
OBBINS
LLP
100 Pine Street, Suite 2600
San Francisco, CA 94111
Tel: (415) 288-4545
Fax: (415) 288-4534
William S. Lerach, Esq.
Darren J. Robbins, Esq.
L
ERACH
C
OUGHLIN
S
TOIA
G
ELLER
R
UDMAN
&R
OBBINS
LLP
401 B Street, Suite 1600
San Diego, CA 92101
Tel: (619) 231-1058
Fax: (619) 231-7423
Robert C. Schubert, Esq.
Juden Justice Reed, Esq.
Willem F. Jonckheer, Esq.
Aaron H. Darsky, Esq.
S
CHUBERT
&R
EED
LLP
Two Embarcadero Center, Suite 1660
San Francisco, CA 94111
Tel: (415) 788-4220
Fax: (415) 788-0161
Marian P. Rosner, Esq.
Robert C. Finkel, Esq.
Renee L. Karalian, Esq.
W
OLF
P
OPPER
LLP
845 Third Avenue, 12
th
Floor
New York, NY 10022
Tel: (212) 759-4600
Fax: (212) 486-2093
Robert Green, Esq.
G
REEN
W
ELLING
, LLP
235 Pine Street, 15
th
Floor
San Francisco, CA 94101
Tel: (415) 477-6700
Fax: (415) 477-6710
Marc A. Topaz, Esq.
Richard A. Maniskas, Esq.
S
CHIFFRIN
&B
ARROWAY
, LLP
280 King of Prussia Road
Radnor, PA 19087
Tel: (610) 667-7706
Fax: (610) 667-7056
Jason Brodsky, Esq.
Evan Smith, Esq.
B
RODSKY
&S
MITH
, LLC
2 Bala Avenue, Suite 602
Bala Cynwd, PA 19004
Tel: (610) 617-1736
Fax: (610) 667-9029
Robert I. Harwood, Esq.
Jeffrey M. Norton, Esq.
W
ECHSLER
H
ARWOOD
LLP
488 Madison Avenue
New York, NY 10022
Tel: (212) 935-7400
Fax: (212) 753-3630


                                    Page 6
DOCS\269673v1
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Charles J. Piven, Esq.
L
AW
O
FFICES OF
C
HARLES
J. P
IVEN
, P.A.
401 East Pratt Street, Suite 2525
Baltimore, MD 21202
Tel: (410) 332-0030
Attorneys for Defendants:
Robert P. Varian, Esq.
Jonathan B. Gaskin, Esq.
Eunice J. Lee, Esq.
O
RRICK
H
ERRINGTON
&S
UTCLIFFE
LLP
The Orrick Building
405 Howard Street
San Francisco, CA 94105-2669
Tel: (415) 773-5700
Fax: (415) 773-5759


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E
XHIBIT
D
Firm Résumé 1


                                                                                                                           Page 21
Milberg Weiss Bershad & Schulman LLP
T
HE
F
IRM
’
S
P
RACTICE
,A
CHIEVEMENTS AND
A
TTORNEY
B
IOGRAPHIES
Milberg Weiss Bershad & Schulman LLP is the most respected and effective plaintiff law firm in the United States. Founded
in 1965, the Firm now has more than 120 lawyers, with principal offices in New York City and additional offices in Boca
Raton, Florida; Wilmington, Delaware; Washington, D.C.; Seattle, Washington; and Los Angeles, California. The Firm’s
practice focuses on the prosecution of class and complex actions in many fields of commercial litigation, emphasizing
securities, corporate fiduciary, consumer, insurance, healthcare, antitrust, mass tort, human rights, and related areas of
litigation.
In the Firm’s early years, its founding partners, Lawrence Milberg and Melvyn I. Weiss, built a new area of legal practice in
representing shareholders’ interests under the then recently amended federal procedure Rule 23, which allowed securities
fraud cases, among others, to proceed as class actions. In the following decades, the Firm’s lawyers obtained decisions that
established important legal precedents in many of their areas of practice, and prosecuted cases that set benchmarks in terms
of case theories, organization, discovery, trial results, methods of settlement, and amounts recovered and distributed to clients
and class members.
Important milestones included the Firm’s involvement in the U.S. Financial litigation in the early 1970s, one of the earliest
large class actions, which resulted in the recovery of over $50 million by purchasers of the securities of a failed real estate
development company; the Ninth Circuit decision in Blackie v. Barrack in 1975, which established the fraud-on-the-market
doctrine for securities fraud actions; co-lead counsel position in the In re Washington Public Power Supply System (WPPSS)
Securities Litigation, a seminal securities fraud action in the 1980s in terms of complexity and amounts recovered;
representation of the Federal Deposit Insurance Corp. in a year-long trial to recover banking losses from a major accounting
firm, leading to a precedent-setting global settlement; attacking the Drexel-Milken “daisy chain” of illicit junk-bond
financing arrangements with numerous cases that resulted in substantial recoveries for investors; representing life insurance
policyholders defrauded by “vanishing premium” and other improper sales tactics and obtaining large recoveries from
industry participants; and ground-breaking roles in the multi-front attack on deception and other improper activities in the
tobacco industry.
Milberg Weiss remains at the forefront in its areas of practice. Recently, it has obtained eve-of-trial settlements totaling $460
million in the Raytheon securities fraud litigation, representing the lead plaintiff New York State Common Retirement Fund;
settled lawsuits by physician and medical association clients against CIGNA Healthcare and Aetna, which brought benefits in
excess of $900 million and sweeping changes to the industry; and continued its work as a lead counsel in broad-based multi-
defendant actions concerning misconduct in connection with IPOs and mutual funds.
The Firm also has a general corporate and securities practice representing privately and publicly held corporations in the
areas of capital formation, mergers and acquisitions, and other commercial transactions.
The Firm is consistently active in pro bono litigation, highlighted by its leadership role in cases leading to recoveries of some
$6 billion from Swiss and German banks and companies to benefit victims of the Holocaust and its recent efforts representing
claimants of the September 11 Victim Compensation Fund.
The Firm’s lawyers come from many different professional backgrounds. They include former federal or state prosecutors,
private defense attorneys, and government lawyers. The Firm’s ability to pursue all types of fraud is augmented by its 16-
person team of investigators, headed by a former agent for the Federal Bureau of Investigation, and its four full-time forensic
accountants.
In 2003, the partners of Milberg Weiss Bershad Hynes & Lerach LLP decided to separate into two groups, with Milberg
Weiss Bershad & Schulman LLP serving as the continuing Firm.
Milberg Weiss has been responsible for more than $45 billion in recoveries during the life of the Firm. Examples of cases in
which the Firm has taken lead roles include the WPPSS litigation, which resulted in settlements totaling $775 million; the
Lincoln Savings and Loan Litigation, with total recoveries of $240 million out of $288 million in estimated total losses; the
NASDAQ Market-Makers Antitrust Litigation, which resulted in a $1.027 billion settlement; and actions against major life
insurers, including Prudential and MetLife, where the Firm has recovered billions of dollars on behalf of policyholders who
were the victims of alleged churning and other improper practices. In the securities fraud arena, the Firm’s recent successes
Firm Résumé 2


                                                                                                                          Page 22
include Raytheon, Oxford Health Plans (settlements totaling $300 million), and Lucent Technologies ($600 million
settlement). In addition, the Firm currently plays major roles in the litigation arising from the two largest scandals in the
financial community -- the IPO Securities Litigation, in which the Firm serves as Chair of Plaintiffs’ Executive Committee,
and the Mutual Funds Litigation, in which the Firm is Co-Chair of Plaintiffs’ Counsel’s Steering Committee.
The Firm also has leadership positions in many important non-securities cases throughout the country, including its
representation of physician groups in the Managed Care Litigation discussed above, and its lead counsel role in a major
derivative action on behalf of shareholders of the Walt Disney Company challenging employment and severance matters
concerning former Disney president Michael Ovitz, which is currently being tried in Delaware Chancery Court. For more
information, please visit www.milbergweiss.com.
J
UDICIAL
C
OMMENDATIONS
In In re September 11 Victim Compensation Fund, Preliminary Hearing, Claim No. 212-003658 (Dec. 9 2003),
Special Master Kenneth R. Feinberg stated the following regarding the Firm’s commitment to the public interest:
Let me say one more thing on the record before we adjourn, and please convey this to Mr. Weiss and to David
Bershad. Once again, as I have learned over the years here in New York, the Milberg Weiss firm steps up to the
plate in the public interest time and time again. The social conscience of the Milberg Weiss firm, acting through its
excellent associates and partners, help deal with crises that confront the American people and others, and I am
personally in the debt of Milberg Weiss for the work that it is doing, even under the gun with the December 22
deadline looming. I am once again in Milberg Weiss’ debt for their extraordinary willingness to help out in the
public interest, and I hope you’ll relay that message back to the firm... they are second among none in terms of the
public interest, and I’m very, very grateful, not only to you guys for doing this, but... for the firm’s willingness to
help out. I wanted to let everybody know that.
Mr. Feinberg echoed this sentiment in a subsequent hearing (September 11th Victim Compensation Fund Hearing
before Special Master Kenneth R. Feinberg, May 11, 2004):
I also note on the record that the pro bono service of the Milberg Weiss firm is well-known to lawyers and the
public throughout the nation, and I’m grateful that this is one more example of how Milberg Weiss serves the
nation.
I want to note on the record the extraordinary professionalism and skill of counsel in the preparation of this claim.
They have exhibited the finest character of the Bar, and I thank them for a job well done.
Milberg Weiss has been commended by countless judges all over the country for the quality of its representation in
class action lawsuits. In In re Rite Aid Corp. Securities Litigation, 269 F. Supp. 2d 603, 611 (E.D. Pa. 2003), Judge
Dalzell commented on the skill and efficiency of Milberg Weiss attorneys in litigating the complex case:
At the risk of belaboring the obvious, we pause to say a specific word about… the skill and efficiency of the
attorneys involved…Milberg Weiss [was] extraordinarily deft and efficient in handling this most complex
matter… they were at least eighteen months ahead of the United States Department of Justice in ferreting out the
conduct that ultimately resulted in the write-down of over $1.6 billion in previously reported Rite Aid earnings…
In short, it would be hard to equal the skill class counsel demonstrated here.
In In re Lucent Technologies, Inc. Securities Litigation, No. 00 CV-621, slip op. at 14-15, 26 (D.N.J. Feb. 24,
2004), Judge Joel A. Pisano of the United States District Court for the District of New Jersey recently issued an
Opinion approving the Settlement of the Lucent Technologies Securities Litigation, in which he complimented Milberg
Weiss (Co-Lead Counsel for the Plaintiff Class) saying:
[T]he attorneys representing the Plaintiffs are highly experienced in securities class action litigation and have
successfully prosecuted numerous class actions throughout the United States. They are more than competent to
conduct this action. Co-Lead Counsel diligently and aggressively represented Plaintiffs before this Court and in
the negotiations that resulted in the Settlement . . . the efforts and ingenuity of Lead Plaintiffs and Lead Counsel
resulted in an extremely valuable Settlement for the Benefit of the Class.
In In re IKON Office Solutions, Inc. Securities Litigation, 194 F.R.D. 166, 195 (E.D. Pa. 2000), where Milberg Weiss
served as co-lead counsel, Judge Marvin Katz of the United States District Court for the Eastern District of
Pennsylvania commented on the skill and professionalism of plaintiffs’ co-lead counsel:
First, class counsel is of high caliber and has extensive experience in similar class action litigation… Each of the
co-lead counsel firms has a national reputation for advocacy in securities class actions, and there is no doubt that
Firm Résumé 3


                                                                                                                          Page 23
this standing enhanced their ability both to prosecute the case effectively and to negotiate credibly. Similarly,
defense counsel has a fine reputation and has displayed great skill in defending this complex class action. Their
opposition to plaintiffs has been anything but token, and many of the battles on crucial issues were hard fought.
Of particular note in assessing the quality of representation is the professionalism with which all parties comported
themselves. The submissions were of consistently high quality, and class counsel has been notably diligent in
preparing filings in a timely manner even when under tight deadlines. This professionalism was also displayed in
class counsel’s willingness to cooperate with other counsel when appropriate… This cooperation enabled the
parties to focus their disputes on the issues that mattered most and to avoid pointless bickering over more minor
matters.
In In re NASDAQ Market-Makers Antitrust Litigation, 187 F.R.D. 465, 474 (S.D.N.Y. 1998), in an opinion dated
November 9, 1998, approving settlements totaling over $1.027 billion, Judge Sweet commented:
Counsel for the Plaintiffs [Milberg Weiss] are preeminent in the field of class action litigation, and the roster of
counsel for Defendants includes some of the largest, most successful and well regarded law firms in the country. It
is difficult to conceive of better representation than the parties in this action achieved.
In In re Prudential Insurance Co. of America Sales Practices Litigation, 962 F. Supp. 572, 585-86 (D.N.J. 1997),
vacated on other grounds, in approving the settlement of a nationwide class action against a life insurer for deceptive
sales practices, where Milberg Weiss was co-lead counsel, Judge Wolin observed:
[T]he results achieved by plaintiffs’ counsel in this case in the face of significant legal, factual and logistical
obstacles and formidable opposing counsel, are nothing short of remarkable.
***
Finally, the standing and professional skill of plaintiffs’ counsel, in particular Co-Lead Counsel, is high and
undoubtedly furthered their ability to negotiate a valuable settlement and argue its merits before this Court. Several
members of plaintiffs’ counsel are leading attorneys in the area of class action litigation.
At the Fairness Hearing, Judge Wolin stated that “there is no doubt that Class Counsel have prosecuted the interests of
the class members with the utmost vigor and expertise.” In re Prudential Ins. Co. of Am. Sales Practices Litigation,
962 F. Supp. 450, 519 (D.N.J. 1997) (emphasis added).
In approving a $100 million settlement in In re Prudential Securities Inc. Partnership Litigation, 912 F. Supp. 97,
101 (S.D.N.Y. 1996), in which Milberg Weiss was one of the lead counsel, Judge Pollack noted that he had “had the
opportunity at first hand to observe the quality of plaintiffs’ class counsel’s representation, both here and in prior
complex litigation, and is impressed with the quality of Plaintiffs’ Class Counsel.”
In Roy v. The Independent Order of Foresters, Civ. No. 97-6225 (SKC) at 32 (D.N.J. Aug. 3, 1999), in his opinion
on class certification, Judge Chesler noted:
The firm of Milberg Weiss, which is co-lead counsel for the plaintiff, was also counsel for the plaintiff class in the
Prudential case. Thus, the adequacy of the plaintiff’s representation is beyond reproach. Furthermore, the
tremendous and unprecedented settlements which the Milberg firm has helped to secure for the plaintiff classes in
both this case and the Prudential case are a testament to counsel’s vigorous pursuit of the class interests.
In In re Buspirone Patent Litigation, MDL Docket No. 1413 at 34:2-3 (S.D.N.Y. Nov. 6, 2003) (Final Approval
Hearing Transcript), Judge Koeltl commented on plaintiffs’ counsel:
Let me say that the lawyers in this case have done a stupendous job.
In Kruman v. Christie’s International, PLC, 00 Civ. 6322 (LAK) at 36:13-16 (S.D.N.Y. June 2, 2003) (Final
Approval Hearing Transcript), Judge Kaplan commented on class counsel’s representation:
I have satisfied myself in examining these papers that counsel involved in this case pursued this very difficult
matter tenaciously, with skill, and got what I view to be an excellent result.
N
OTEWORTHY
C
LIENTS
Countless individual investors, funds and institutions are represented by Milberg Weiss including:
• The New York State and Local Retirement System. Milberg Weiss was selected by former New York State
Comptroller H. Carl McCall and current comptroller Alex G. Hevesi to serve as one of the firms acting as special
Firm Résumé 4


                                                                                                                          Page 24
counsel for securities class action and derivative litigation. Milberg Weiss is currently representing the N.Y. State
Common Retirement Fund in substantial securities fraud actions against Bayer AG, the Raytheon Corp. and Chubb.
• The State of New Jersey Pension Fund. Milberg Weiss was competitively selected by the Treasurer of the State of
New Jersey to represent the state’s $86 billion pension fund in its securities litigation against Sears Roebuck & Co.
New Jersey was appointed lead plaintiff and Milberg Weiss lead counsel, after hard-fought motion practice.
• State of Ohio. In October 2003, the Firm was appointed special securities litigation counsel for the State of Ohio by
the Attorney General. Currently, the Firm is representing the Ohio Tuition Trust Authority in the Putnam Mutual Fund
litigation currently pending in the District of Maryland.
• Commonwealth of Pennsylvania. Milberg Weiss was competitively selected as panel counsel by the Commonwealth
of Pennsylvania’s State Employees’ Retirement System, a $28 billion dollar fund.
• The Teachers’ Retirement System of The State of Illinois. This $22 billion dollar pension fund appointed Milberg
Weiss to serve as monitoring and securities litigation counsel.
• Ontario Public Service Employees Union Pension Trust Fund (“OPTrust”). Milberg Weiss is representing OPTrust
as Lead Plaintiff in a securities fraud action against Nortel involving accounting fraud and other related
misrepresentations.
• SEIU Local 144 Nursing Home Pension Fund and Hotel Front Insurance Fund. Milberg Weiss has represented these
combined funds in several securities class actions, including actions against Procter & Gamble Company and
Microstrategy, Inc., which settled for $48 million and $155 million, respectively.
• The Federal Deposit Insurance Corporation. Milberg Weiss represented the FDIC in claims arising out of the failure
of the Butcher brothers’ Tennessee banking empire. The case ultimately settled for $425 million after a full jury trial as
part of a massive global settlement among the FDIC, RTC and Ernst & Whinney.
• The West Virginia Employer - Teamsters Joint Counsel No. 84 Pension Trust and Locals 175 and 505 Pension Trust.
Milberg Weiss has recently represented these Taft-Hartley pension funds as Lead Plaintiff in the Lucent Technologies
Corp. Securities Litigation, which settled for $600 million.
• The Firm represented IBM Corporation with Cravath, Swaine & Moore in class and derivative suits asserted against
IBM in New York courts. The derivative litigation has been dismissed and the class litigation was defeated on a motion
for summary judgment, thereafter sustained on appeal.
• In addition, the Firm has represented individuals, governmental entities and major corporations including CBS
Corporation; T.V. Azteca, Mexico’s second largest television network; Phar-Mor, Inc., formerly a nationwide discount
pharmacy chain, and others in complex financial litigation.
P
ROMINENT
C
ASES
• In re Lucent Technologies, Inc. Securities
Litigation, No. 00cv621 (AJL) (D.N.J.). This settlement
provides compensation of $600 million to aggrieved
shareholders who purchased Lucent stock between
October 1999 and December 2000.
• In re Raytheon Securities Litigation, 99 CV 12142
(E.D. Mass.). This case concerned claims that a major
defense contractor failed to write down assets
adequately on long term construction contracts. In May
2004, Raytheon and its auditor PricewaterhouseCoopers
LLP settled for a total of $460 million.
• Milberg Weiss served as co-lead counsel in In re
Oxford Health Plans, Inc. Securities Litigation, MDL
Dkt. No. 1222 (CLB) (S.D.N.Y.), in which settlements
totaling $300 million in cash were approved by the
Court in June 2003. Plaintiffs alleged that Oxford
Health Plans, Inc. issued fraudulent financial statements
that misstated its premium revenues and medical claims
expense. KPMG LLP, Oxford’s outside auditor, was
also named as a defendant and was alleged to have
issued a materially false and misleading audit opinion on
Oxford’s financial statements for the year ended
December 31, 1996.
• In In re Rite Aid Securities Litigation, Master File
No. 99-1349 (E.D. Pa.), Judge Stewart Dalzell approved
class action settlements totaling $334 million against
Rite Aid ($207 million), KPMG ($125 million -- the
second largest amount ever recovered from an
accounting firm in a federal securities class action, and
the largest ever against an auditor in a case where the
securities claims were limited to claims under section
10(b), which requires proof of knowing or reckless
Firm Résumé 5


                                                                                                                             Page 25
misconduct), and certain former executives of Rite Aid
($1.6 million).
• In re Scheiner v. i2 Technologies, Inc., Civ. No.
3:01-CV-418-H (N.D. Tex.). May 2004 settlement of
$84.85 million with i2 Technologies and certain
individual defendants. Case alleged securities fraud
against defendants relating to company’s software
product descriptions and alleged violations of Generally
Accepted Accounting Principles.
• In re Initial Public Offering Securities Litigation, 21
MC 92 (S.D.N.Y.). The Initial Public Offering
Securities Litigation consists of 309 separate class
actions involving more than 300 IPOs marketed between
1998 and 2000. The actions are coordinated for pre-trial
purposes before U.S. District Court Judge Shira A.
Scheindlin in the Southern District of New York. The
defendants consist of the companies brought public,
certain of their officers and directors and 55 of the
investment banks that brought them public and
underwrote various follow-on offerings. The lawsuits
generally allege that the IPOs of these companies were
manipulated by the investment banks to artificially
inflate the market price of those securities and to conceal
the amounts of compensation actually received by the
underwriters and that these efforts were not disclosed to
the investing public. A proposed settlement between the
issuer defendants and their directors and officers and the
plaintiffs has been preliminarily presented to the Court
for review. The settlement would guarantee at least (or
the first) $1 billion dollars to investors who are class
members from the insurers of the issuers. The $1 billion
guarantee is subject to reduction by potential recoveries
from the 55 Underwriter Defendants against whom the
cases will continue. A preliminary hearing has yet to be
scheduled by the Court. Recently, Judge Scheindlin
granted plaintiffs’ motions for class certification in six
class actions against the Underwriter Defendants, which
were selected to serve as test cases.
• In In re Mutual Funds, Milberg Weiss has been
appointed as the co-chair of the plaintiffs’ counsel’s
steering committee, which is responsible for prosecuting
this ground-breaking litigation involving timing and late
trading allegations against (and on behalf of) more than
16 mutual fund families and affiliated entities. Pursuant
to an order by the Panel for Multidistrict Litigation,
these cases are proceeding before four judges in the
District of Maryland. As co-chair, Milberg Weiss is
responsible for overseeing a steering committee
comprised of approximately 10 firms which are working
together to prosecute this highly complex litigation.
• The Firm was lead counsel in In re Prudential
Insurance Co. Sales Practice Litigation, Civ. No. 95-
4707 (AMW) (D.N.J.), a landmark case which
concerned securities claims as well as common law
claims and which resulted in a recovery exceeding $4
billion for Prudential policyholders. The settlement was
approved in a comprehensive decision handed down by
the Third Circuit. Milberg Weiss has led the litigation
of numerous other class actions involving alleged
churning practices by other insurance companies and
their agents, recovering billions of dollars in actions
against major insurers, including MetLife, American
Express/IDS, New York Life, ManuLife and John
Hancock.
• In In re NASDAQ Market-Makers Antitrust
Litigation, MDL 1023 (S.D.N.Y.), Milberg Weiss
served as court-appointed co-lead counsel for a class of
investors. The class alleged that the NASDAQ market-
makers set and maintained wide spreads pursuant to an
industry-wide conspiracy in one of the largest and most
important antitrust cases in recent history. After three
and one half years of intense litigation, the case was
settled for a total of $1.027 billion, the largest antitrust
settlement ever.
• In re Washington Public Power Supply System
Securities Litigation, MDL 551 (D. Ariz.). A massive
litigation in which Milberg Weiss served as co-lead
counsel for a class that obtained settlements totaling
$775 million after several months of trial.
• In In re American Continental Corp./Lincoln
Savings & Loan Securities Litigation, MDL 834 (D.
Ariz.), Milberg Weiss served as the court-appointed co-
lead counsel for a class of persons who purchased
debentures and/or stock in American Continental Corp.,
the parent company of the now-infamous Lincoln
Savings & Loan. The suit charged Charles Keating,
other insiders, three major accounting firms, three major
law firms, Drexel Burnham, Michael Milken and others
with racketeering and violations of securities laws.
Recoveries totaled $240 million on $288 million in
losses. A jury also rendered verdicts of more than $1
billion against Keating and others.
• In re Exxon Valdez, No. A89-095 Civ. (D. Alaska)
and In re Exxon Valdez Oil Spill Litigation, 3 AN-89-
2533 (Alaska Super. Ct. 3d Jud. Dist.). Milberg Weiss
is a member of the Plaintiffs’ Coordinating Committee
and co-chair of Plaintiffs’ Law Committee in the
massive litigation resulting from the Exxon Valdez oil
spill in Alaska in March 1989. A jury verdict of $5
billion was obtained and is currently on appeal.
• In In re Managed Care Litigation, MDL 1334 (S.D.
Fla.).
Final approval of a settlement between a
nationwide class of physicians and defendant CIGNA
Healthcare valued in excess of $500 million dollars was
granted on April 22, 2004. A similar settlement valued
in excess of $400 million involving a nationwide class
of physicians and Aetna was approved by the Court on
Firm Résumé 6


                                                            Page 26
November 6, 2003. The settlements stem from a series
of lawsuits filed in both state and federal court by
physicians and medical associations currently pending
against many of the nation’s largest for-profit health
insurers arising from conduct involving issues dating
back to 1990. These settlements bring sweeping
changes to the health care industry and involve
improvements to physician-related business practices
and provide for the establishment of an independent
foundation dedicated to improving the quality of health
care in America.
• In re Baldwin United Annuity Litigation, No. M-21-
35 (S.D.N.Y.). Milberg Weiss served as co-lead counsel
in this consolidated proceeding on behalf of purchasers
of annuities that was settled for over $160 million.
• In re MicroStrategy, Inc. Securities Litigation, No.
00-473-A (E.D. Va.). Milberg Weiss served as co-lead
counsel in this action, which alleged securities fraud
based on a massive restatement. Settlements with the
defendants totaled in excess of $150 million.
• In re Sunbeam Securities Litigation (No. 98-8258)
(S.D. Fla) Milberg Weiss acted as co-lead counsel for
the class. Plaintiffs alleged that Sunbeam, its auditor,
and its management engaged in a massive accounting
fraud which led to a restatement of over three years of
previously reported financial results.
The Court
approved a combined settlement of over $140 million.
The settlement amount included a $110 million
settlement with Arthur Andersen, LLP, Sunbeam’s
auditor. The Andersen settlement is one of the largest
amounts ever paid by a public accounting firm to settle
claims brought under the federal securities laws. The
settlement with the individuals was achieved on the eve
of trial, and ended almost four years of litigation against
Andersen and Sunbeam’s insiders, including Albert
Dunlap, Sunbeam’s former Chairman and CEO. The
settlement included a personal contribution from Dunlap
of $15 million.
• In In re Computer Associates Securities Litigation,
Nos. 98-CV-4839, 02-CV-1226 (TCP) (E.D.N.Y.),
Milberg Weiss served as co-lead counsel and obtained a
pretrial settlement valued at over $134 million in these
securities fraud class actions.
• In In re IKON Office Solutions, Inc. Securities
Litigation, MDL 1318, Docket No. 98-4286 (E.D. Pa.),
Milberg Weiss served as co-lead counsel and obtained a
pretrial settlement of $111 million in this securities
fraud class action.
• In In re W.R. Grace & Co. (Official Committee of
Asbestos Personal Injury Claimants v. Sealed Air.
Corp. and Official Committee of Asbestos Personal
Injury Claimants v. Fresenius Medical Care Holdings,
Inc.), Nos. 02-2210 and 02-2211 (D. Del.), Milberg
Weiss acted as lead counsel for the asbestos personal
injury and property damage committees in two separate
fraudulent conveyance actions within the W.R. Grace
bankruptcy. The actions sought to return the assets of
Sealed Air Corporation and Fresenius Medical Care
Holdings (each of which had been Grace subsidiaries
pre-bankruptcy) to the W.R. Grace bankruptcy estate.
Complaints in both cases were filed in mid-March 2002,
and agreements in principle in both cases were reached
on November 27, 2002, the last business day before trial
was set to begin in the Sealed Air matter. The total of
the two settlements, which consisted of both cash and
stock, was approximately $1 billion.
• In re Kruman v. Christie’s International, PLC, 284
No. 01-7309 (S.D.N.Y.), resulted in the first U.S. Court
of Appeals holding that antitrust class actions on behalf
of all purchasers injured worldwide can be brought in
U.S. courts under U.S. law when an antitrust conspiracy
has sufficient effects in the U.S. Decided in March 2002;
led to successful settlement in 2003 of claims against
Christie’s and Sotheby’s on behalf of purchasers and
sellers at auctions outside the U.S.
• In re Tyco International Ltd., Securities Litigation,
MDL Docket No. 02-1335-B (D.N.H.). Milberg Weiss
is co-lead counsel in this litigation, which involves
claims under the Securities Act of 1933 and the
Securities Exchange Act of 1934 against Tyco and its
former CEO, CFO, general counsel and certain former
directors that arise out of Tyco’s $5.8 billion
overstatement of income and $900 million in insider
trading, plus hundreds of millions of dollars looted by
insiders motivated to commit the fraud. Claims are also
made under the 1933 and 1934 Acts against
PricewaterhouseCoopers, LLP, which is alleged to have
published false audit opinions on Tyco’s financial
statements during the Class Period and to have failed to
audit Tyco properly, despite knowledge of the fraud. In
October 2004, the Court sustained the vast majority of
plaintiffs’ claims against Tyco and its former senior
officers (Dennis Kozlowski, Mark Swartz, Mark Belnick
and Frank Walsh), with the exception of one director, as
well as Tyco’s auditor, PwC.
• In re Nortel Networks Corp. Securities Litigation,
Civ. No. 01-CV-1855-RMB (S.D.N.Y.). This federal
securities fraud class action was commenced in February
2001 against Nortel Networks Corp. and certain of its
officers and directors. In February 2002, Milberg Weiss
was appointed to serve as sole Lead Counsel for the
Class and for the Court-appointed Lead Plaintiff, the
Trustees of the Ontario Public Service Employees’
Union Pension Plan Trust Fund. In January 2003, the
Court sustained the Complaint in its entirety, denying
defendants’ motion to dismiss and, in September 2003,
certified a Class. In certifying the Class, the Court
Firm Résumé 7


                                                            Page 27
specifically rejected defendants’ argument that those
who traded in Nortel securities on the Toronto Stock
Exchange (and not the New York Stock Exchange)
should be excluded from the Class. The Second Circuit
denied defendants’ attempted appeal.
• In re Xerox Securities Litigation, No. 3:99-CV-2374
(AWT) (D. Conn.) and Carlson v. Xerox Corp., No.
3:00-CV-1621 (AWT) (D. Conn.). Milberg Weiss was
appointed co-lead counsel in both of these cases. The
first case was brought on behalf of a class of purchasers
of Xerox common stock from October 22, 1998 (when
Xerox first claimed that it was benefiting from a
restructuring) through October 7, 1999 (when Xerox
finally disclosed the massive problems with the
restructuring that affected its operations and the impact
of these problems on its revenues) and alleged
misrepresentations regarding Xerox’s restructuring. The
second case was brought on behalf of a class of
purchasers of Xerox common stock from February 17,
1998 through June 28, 2002
and alleged
misrepresentations and failure to disclose massive
accounting improprieties. As a result of these alleged
accounting improprieties, on June 28, 2002 (the last day
of the Class Period), Xerox issued a $6.4 billion
restatement of equipment sales revenues booked over a
five year period.
• In re The Walt Disney Company Derivative
Litigation, C.A. No. 15452 (Del. Ch., New Castle
County). Challenge to Employment Agreement which
Board of Directors never reviewed or approved and to
payment of severance package without Board oversight.
This action is currently being tried in the Delaware
Chancery Court.
• Milberg Weiss is prosecuting numerous class actions
involving a major area of investment abuse: deceptive
sales of deferred annuity tax shelters to investors for
placement in retirement plans that are already tax-
qualified. In Nelson v. Pacific Life Ins. Co., No.
CV203-131 (S.D. Ga.) the district court denied
defendants’ motion to dismiss and discovery is
underway. In American United Life Insurance Co. v.
Douglas, No. 29A02-0304-CV-350 (Ind. Ct. App.),
denial of defendant’s summary judgment motion was
sustained on interlocutory appeal. The SEC and NASD
have begun regulatory programs to address these
problems.
• Milberg Weiss is co-lead counsel in In re Vivendi
Universal, S.A. Securities Litigation, 02 Civ. 5571
(RJH), a securities fraud class action on behalf of U.S.
and foreign investors who purchased Vivendi ordinary
shares or American Depository Shares. Plaintiffs allege
that Vivendi embarked on a $77 billion acquisition spree
in order to transform itself into a huge international
conglomerate. Throughout the Class Period (October
30, 2000 through August 14, 2002), defendants (and in
particular, Vivendi’s former CEO and Chairman, Jean-
Marie Messier, and Vivendi’s former CFO, Guillaume
Hannezo) reported strong revenue and earnings, and
portrayed Vivendi as a company that was generating
sufficient cash flow to satisfy its debt obligations on
approximately $21 billion in debt that it had amassed in
connection with financing its acquisition binge.
However, plaintiffs allege that Vivendi’s operations and
financial condition were much weaker than what their
public statements portrayed. Plaintiffs have already
defeated defendants’ motions to dismiss the complaint,
and are in the midst of discovery that will take place in
the U.S. and France (where French regulators are
conducting their own formal investigations).
• Rabi Abdullahi v. Pfizer, Inc., 01 Civ. 8118 (WHP),
(S.D.N.Y.). This is a case in which the Firm has
brought claims under the Alien Tort Claims act on
behalf of Nigerian children and their families who were
enrolled in a clinical trial of a drug by Pfizer without
their knowledge. Plaintiff alleges that Pfizer’s conduct
violated the international prohibition on medical
experimentation without informed consent when
children suffering from meningitis, whose families had
brought them to a local hospital for treatment, were
secretly enrolled in a clinical trial of the Pfizer drug,
Trovan. Plaintiff survived a motion to dismiss for
failure to state a claim. The action was then dismissed
on forum non-conveniens grounds but the Second
Circuit vacated that decision. The case is now back
before the trial court.
• In In re General Instrument Corp. Securities
Litigation, No. 01-3051 (LR) (E.D. Pa.), Milberg Weiss
served as co-lead counsel and obtained a pretrial
settlement of $48 million in this securities fraud class
action.
• In re Triton Energy Limited Securities Litigation,
Civil Action No. 5-98-CV-256 (E.D. Tex. Texarkana
Division), settled for $42 million. Plaintiffs alleged that
defendants misrepresented, among other things, the
nature, quality, classification and quantity of Triton’s
Southeast Asia oil and gas reserves during the period
March 30, 1998 through July 17, 1998.
• In Andrews v. AT&T, No. CV 191-175 (S.D. Ga.).
The Firm represented a class of persons who paid for
premium-billed “900-number” calls that involved
allegedly deceptive games of chance, starting in 1993.
Defendants included major long-distance companies,
which approved the call programs and billed for the
calls. Defendant MCI settled for $60 million in benefits;
the class against AT&T was decertified on appeal and
the Firm prosecuted the individual plaintiffs’ claims,
obtaining a jury verdict in 2003 for compensatory and
punitive damages.
Firm Résumé 8


                                                              Page 28
P
RECEDENT
-S
ETTING
D
ECISIONS
Milberg Weiss has consistently been a leader in
developing the law for investors and consumers under
the federal securities, antitrust and consumer protection
laws. The Firm has represented individual and
institutional plaintiffs in hundreds of class action
litigations in federal and state courts throughout the
country. In most of those cases, Milberg Weiss has
served as lead or co-lead counsel for the class. The Firm
has also been responsible for establishing many
important precedents, including:
• Blackie v. Barrack, 524 F.2d 891 (9th Cir. 1975),
cert. denied, 429 U.S. 816 (1976). This is the seminal
appellate decision on the use of the “fraud-on-the-
market” theory, allowing investors who purchase stock
at artificially inflated prices to recover even if they were
personally unaware of the false and misleading
statements reflected in the stock’s price. The court stated
that class actions are necessary to protect the rights of
defrauded purchasers of securities.
• Novak v. Kasaks, 216 F.3d 300 (2d Cir. 2000). The
Firm was lead counsel in this seminal securities fraud
case in which the Second Circuit undertook an extensive
analysis of the statutory text and the legislative history
of the PSLRA and pre-existing Second Circuit case law.
Among other things, the Second Circuit held that the
PSLRA’s pleading standard for scienter was largely
equivalent to the pre-existing Second Circuit standard
and vacated the district court’s dismissal which sought
to impose a higher standard for pleading scienter under
the PSLRA. The Second Circuit also rejected any
general requirement that plaintiffs’ confidential sources
must be disclosed to satisfy the PSLRA’s newly-enacted
particularity requirements.
• In re Cabletron Systems, Inc., 311 F.3d 11 (1st Cir.
2002). The First Circuit joined the Second Circuit in
allowing a complaint to be based on confidential
sources. The Court also accepted the argument made by
Milberg Weiss that courts should consider the amount of
discovery that has taken place in deciding a motion to
dismiss and that the lack of discovery will result in a
less stringent standard for pleading securities fraud
claims with particularity.
• Gebhardt v. ConAgra Foods, Inc., 335 F.3d 824 (8th
Cir. 2003). This important decision upheld plaintiffs’
claim that loss causation was properly alleged because
“[p]aying more for something than it is worth is
damaging.” In so ruling, the Eighth Circuit reaffirmed a
split on the issue of loss causation between circuits that
measure loss as the difference between purchase price
and the stock’s true value at the date of purchase, and
circuits that require that the alleged fraud cause a
subsequent decline in value of the original investment.
The issue is currently the subject of a case pending
before the Supreme Court.
• In re Advanta Corp. Securities Litigation, 180 F.3d
525 (3d Cir. 1999). Here, the Firm successfully argued
that, under the PSLRA, the requisite scienter is pled by
making an adequate showing that the defendants acted
knowingly or with reckless disregard for the
consequences of their actions. As urged by this Firm, the
Third Circuit specifically adopted the Second Circuit’s
scienter pleading standard for pleading fraud under the
PSLRA.
• In re NASDAQ Market-Makers Antitrust Litigation,
169 F.R.D. 493 (S.D.N.Y. 1996). The court certified a
class of millions of investors, who were harmed by an
industry-wide conspiracy where NASDAQ market-
makers set and maintained wide spreads, over
defendants’ strenuous objections.
• In re Initial Public Offering Securities Litigation,
241 F. Supp. 2d 281 (S.D.N.Y. 2003). The Court
sustained, in large part, the plaintiffs’ complaints against
more than 50 underwriters of high-tech stocks in one of
the most comprehensive decisions issued under the
securities laws. Milberg Weiss serves as the Chair of
Plaintiffs’ Executive Committee in this landmark
litigation.
• Asher v. Baxter International, Inc., 377 F.3d 727 (7th
Cir. 2004). In reversing and remanding the dismissal by
the District Court, the Seventh Circuit resolved an
important issue involving the PSLRA “safe harbor” for
forward-looking statements in plaintiffs’ favor. The
Court held that whether a cautionary statement is
meaningful is an issue of fact, because whether a
statement is meaningful or not depends in part on what
the defendant knew as well as other issues of fact. Thus,
this issue is not appropriately resolved on a motion to
dismiss.
• In In re Vivendi Universal, S.A. Securities
Litigation, 2003 U.S. Dist. LEXIS 19431 (S.D.N.Y.
Nov. 3, 2003), Judge Harold Baer upheld plaintiffs’
claims under Section 10(b) of the Securities Exchange
Act of 1934, which alleged that Vivendi and two of its
former executives (CEO Jean-Marie Messier and CFO
Firm Résumé 9


                                                              Page 29
Guillaume Hannezo) did not disclose to investors that:
(1) Vivendi’s corporate acquisition programs had
brought Vivendi to the brink of a potentially
catastrophic liquidity crisis; (2) although it consolidated
the financial results of several majority owned
subsidiaries, Vivendi did not have access to the cash
flows of these entities; (3) Vivendi failed to write down
billions of dollars of impaired goodwill from prior
acquisitions; and (4) one of Vivendi’s U.S. subsidiaries
improperly recognized revenue “up front” on the full
value of long term contracts. The case is particularly
notable because the court held that because of
defendants’ activities in New York promoting Vivendi
stock, defendants’ conduct was more than “merely
prepatory” to the alleged fraudulent scheme, and thus
the court had jurisdiction not only over purchasers of
Vivendi ADRs on the NYSE, but also over the claims of
foreign purchasers who purchased Vivendi ordinary
shares on foreign exchanges.
• In Hunt v. Alliance North American Government
Income Trust, Inc., 159 F.3d 723 (2d Cir. 1998), the
Second Circuit reversed the district court’s ruling, which
denied plaintiffs a cause of action against defendants for
failing to disclose that the Trust was unable to utilize
proper “hedging” techniques to insure against risk of
loss. In the Court’s view, taken together and in context,
the Trust’s representations would have misled a
reasonable investor.
• In Shaw v. Digital Equip. Corp., 82 F.3d 1194 (1st
Cir. 1996), the First Circuit remanded plaintiffs’ action
after affirming, in part, Milberg Weiss’ position that in
association with the filing of a prospectus related to the
issuance of securities, a corporate-issuer must disclose
intra-quarter, materially adverse changes in its business,
if such adverse changes constitute “material changes”
the disclosure of which is required pursuant to the
Securities Act of 1933.
• In re Salomon, Inc. Shareholders Derivative
Litigation, 68 F.3d 554 (2d Cir. 1995). The Second
Circuit affirmed the district court’s holding that
derivative federal securities claims against defendants
would not be referred to arbitration pursuant to the
arbitration provisions of the Rules of the New York
Stock Exchange, but would be tried in district court.
Shortly thereafter, the case settled for $40 million,
which is among the largest cash recoveries ever
recorded in a derivative action.
• Kamen v. Kemper Financial Services, 500 U.S. 90
(1991). The Supreme Court upheld the right of a
stockholder of a mutual fund to bring a derivative suit
without first making a pre-suit demand.
• Goldman v. Belden, 754 F.2d 1059 (2d Cir. 1985).
The Second Circuit reversed the district court’s
dismissal of a securities fraud complaint, in an important
opinion clarifying the “fraud” pleading requirements of
Federal Rules of Civil Procedure, Rule 9(b).
• Mosesian v. Peat, Marwick, Mitchell & Co., 727
F.2d 873 (9th Cir.), cert. denied, 469 U.S. 932 (1984).
The Ninth Circuit upheld an investor’s right to pursue a
class action against an accounting firm, adopting statute
of limitation rules for §10(b) suits that are favorable to
investors.
• Hasan v. CleveTrust Realty Investors, 729 F.2d 372
(6th Cir. 1984). The Sixth Circuit very strictly
construed, and thus narrowed, the ability of a “special
litigation committee” of the board of a public company
to terminate a derivative action brought by a
shareholder.
• Cowin v. Bresler, 741 F.2d 410 (D.C. Cir. 1984). The
Court of Appeals reversed the lower court’s dismissal of
the complaint. The Firm had sought the extraordinary
remedy of the appointment of a receiver over the affairs
of a public company due to the highly specific
allegations of fraud,
dishonesty
and gross
mismanagement by the corporation’s controlling
shareholders.
• Fox v. Reich & Tang, Inc., 692 F.2d 250 (2d Cir.
1982), aff’d sub nom, Daily Income Fund, Inc. v. Fox,
464 U.S. 523 (1984). The court held that a derivative
action to recover excessive advisory fees may be
brought on behalf of an investment company without
any prior demand on the board.
• Rifkin v. Crow, 574 F.2d 256 (5th Cir. 1978). The
Fifth Circuit reversed an order granting summary
judgment for defendants in a §10(b) case, paving the
way for future acceptance of the “fraud-on-the-market”
rationale in the Fifth Circuit.
• Bershad v. McDonough, 300 F. Supp. 1051 (N.D. Ill.
1969), aff’d, 428 F.2d 693 (7th Cir. 1970). The plaintiff
obtained summary judgment for a violation of §16(b) of
the Securities Exchange Act in which the transaction
was structured by the defendants to look like a lawful
option. The decision has been cited frequently in
discussions as to the scope and purpose of §16(b).
• Heit v. Weitzen, 402 F.2d 909 (2d Cir. 1968), rev’g,
260 F. Supp. 598 (S.D.N.Y. 1966). The court held that
liability under §10(b) of the Securities Exchange Act
extends to defendants who were not in privity with the
named plaintiffs or the class represented by the named
plaintiffs.
• In re Cox v. Microsoft, No. 03-2922 (App. Div. 1st
Dep’t, June 2004). First appellate ruling in New York
state courts that class actions may be pursued in the New
York state courts for some antitrust violations on behalf
of indirect purchasers under New York deceptive
Firm Résumé 10


                                                             Page 30
practices laws as well as common law claims for unjust
enrichment. May open the door to class action recovery
of damages on behalf of New York purchasers of
Microsoft software comparable to settlements reached in
various other states such as California, where Microsoft
settled for approximately $1 billion.
• In re JLM Industries, Inc. v. Stolt-Nielsen SA, No.
3:03CV348 (D. Conn. June 24, 2003). Milberg Weiss
succeeded in establishing that arbitration of horizontal
conspiracy claims, arising under Section 1 of the
Sherman Act, cannot be compelled on grounds that such
claims do not “arise from” the injured person’s purchase
contract. (Currently on appeal and awaiting decision
from the Second Circuit.)
• In Puckett v. Sony Music Entertainment, No.
108802/98 (New York Co. 2002), Milberg Weiss
achieved a precedent-setting decision in which a class
action was certified against Sony Music Entertainment
on behalf of a class of recording artists who were parties
to standard Sony recording or production agreements
entered into at any time during the period of January 1,
1965 to the date of the filing of the complaint in 1998.
The complaint alleged that Sony had a policy of treating
the value added tax on foreign sales of recordings
improperly thereby impermissibly reducing the royalties
paid or credited to the class members. Justice DeGrasse
of the New York State Supreme Court determined that
class certification was appropriate and that Gary Puckett
(of Gary Puckett & the Union Gap) and jazz musician
and composer Robert Watson were appropriate class
representatives to represent the class of artists and
producers to whom Sony accounts for foreign record
royalties.
Additionally, in the context of shareholder derivative actions, Milberg Weiss has been at the forefront of protecting
shareholders’ investments by causing important changes in corporate governance as part of the global settlement of
such cases. Cases in which such changes were made include:
• In re Marketspan Corporate Shareholder Litigation, CV No. 98-15884 (N.Y. Sup. Ct.) (settlement agreement
required modifications of corporate governance structure, changes to the audit committee and changes in compensation
awards and the nominating committee);
• Abramsky v. Computer Sciences Corp., CV No. 98-00306-JBR (RLH) (D. Nev. 1998) (significant changes to the
company’s by-laws and governance procedures to enhance shareholder voting rights and the role of outside directors).
Firm Résumé 11


                                                                                                                        Page 31
Milberg Weiss Bershad & Schulman LLP
T
HE
F
IRM
’
S
P
ARTNERS
M
ELVYN
I. W
EISS
, Senior and Founding
Partner of Milberg Weiss Bershad & Schulman LLP, is a
leading practitioner in the fields of securities, insurance,
environmental, antitrust, and consumer litigation.
Mr. Weiss’s expertise has been recognized on
numerous occasions by courts appointing him to
leadership positions in prosecuting complex litigations.
Among the more prominent of the outstanding recoveries
in cases where he has represented defrauded investors or
consumers are the Drexel/Milken litigations (recoveries
of over $1 billion for investors in, among others,
Columbia Savings & Loan and Executive Life Insurance
Company of America); In re Washington Public Power
Supply System Securities Litigation ($775 million
recovered after the country’s largest municipal bond
default); Butcher Bank Litigation (leading to $400
million recovery on behalf of the FDIC against Ernst &
Young); Oxford Healthcare Securities Litigation ($300
million); Prudential Limited Partnership Litigation
($200 million); Mercedes Brake Defect Litigation ($100
million in settlement benefits); life insurance policy
holder cases against Prudential Life Insurance ($4
billion), John Hancock ($400 million), New York Life
($300 million), ManuLife
($500 million) and
Metropolitan Life ($1.7 billion). He was a pro bono lead
counsel in the Swiss Bank Litigation involving Holocaust
confiscations, which settled for $1.25 billion, and was a
lead counsel in recovering $5 billion for Holocaust
victims from German banks and companies. He is
presently Chair of the Plaintiff’s Executive Committee
prosecuting over 300 cases involving misconduct in
connection with initial public offerings, in which a
partial settlement with some defendants of $1 billion has
been announced.
Mr. Weiss received a B.B.A. in accounting from
Baruch College of the City College of New York in
1957, and a J.D. degree from New York University
School of Law in 1959. He was admitted to the Bar of
the State of New York in 1960 and is presently a
member of the Bar of the United States District Courts
for the Southern and Eastern Districts of New York, the
United States Courts of Appeals for the Second, Third,
Fourth, Fifth, Sixth, Eighth, Ninth, Tenth and Eleventh
Circuits, and the United States Supreme Court.
Mr. Weiss has lectured extensively to lawyers, law
students, and other professionals throughout the country
and abroad. He has been a guest lecturer at the New
York University School of Law, Stanford University
Law School, Harvard Law School, Duke Law School,
University of Buenos Aires (where he is an honorary
professor), and at the Salzburg Seminar Foundation in
Austria. He has addressed the New York State Society
of Certified Public Accountants, National Association of
Accountants, National Association of Internal Auditors,
and in 1993 delivered the Abraham Briloff Distinguished
Lecture at the State University of New York at
Binghamton on the role of the auditor in our society. He
has frequently been quoted as a leading authority on
shareholder and consumer rights in the national media
and he has testified before congressional committees on
securities litigation and accountants’ liability. Mr. Weiss
is a Fellow of The American College of Trial Lawyers.
He received the 1993 Arthur T. Vanderbilt Medal from
New York University Law School, the highest award
given annually to an outstanding alumnus, and is a
member of the law school’s Board of Trustees and a
recipient of the Alumni Achievement Award.
Mr. Weiss is a member of the American Bar
Association (from 1986-1988, he served as a Co-Chair of
the Class and Derivative Committee of the Litigation
Section; from 1983-1986, he served as a member of the
FRCP Rule 23 Class Action Improvement Committee;
and from 1976-1982, he served as a member of the
Corporate Law Committee of the Banking and Business
Law Section), the Association of the Bar of the City of
New York, and the New York Inns of Court. In 2000,
Mr. Weiss was selected by Chief Judge Edward R.
Becker of the Third Circuit to serve as a member of the
Third Circuit Task Force on Selection of Class Counsel.
Mr. Weiss was a Commissioner of the Nassau
County Charter Revision Commission, which proposed
the new legislative form of government for the county’s
1.3 million residents. He has testified before the U.S.
Senate on tort “reform” proposals. He is a director and a
member of the Executive Committee of the Israel Policy
Forum, an organization devoted to encouraging peace in
the Middle East. Mr. Weiss serves on the Boards of
Directors of the Salzburg Seminar Foundation; the
Lawyers’ Committee for Civil Rights Under Law; and
The Drum Major Institute, a non-partisan organization
dedicated to progressive public policy for social and
economic fairness. Mr. Weiss is a member of the Board
of Advisors for the American Constitution Society. He
was also on the Board of the American Jewish Congress.
Mr. Weiss and his wife established the Melvyn and
Barbara Weiss Public Interest Foundation at New York
University School of Law to assist graduating public-
interest lawyers in retiring their student loans. He has
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                                                               Page 32
received the Anti-Defamation League’s Gotham Award
and Humanitarian Award; the United Jewish Appeal’s
Proskauer Award, given annually to an exemplary
Jewish lawyer and humanitarian; the B’nai B’rith of
Argentina Dignity & Justice Award for humanitarian
activities; and the Ellis Island Medal of Honor from the
National Ethnic Coalition of Organizations Foundation,
Inc. Mr. Weiss is the International Chair of the Hatikva
Project, which built a memorial on the site of the Israeli
Embassy in Buenos Aires, which was destroyed by
terrorists.
D
AVID
J. B
ERSHAD
graduated from Cornell
University in 1961 with an A.B. degree in philosophy.
He graduated from Columbia Law School in 1964 and
while there he participated in the Harlan Fiske Stone
Moot Court Honors Competition and was elected a
member of Phi Alpha Delta.
Mr. Bershad is a founding member of Milberg Weiss.
He is primarily engaged in prosecuting complex
securities and commercial litigations nationwide. He
served as plaintiffs’ liaison counsel in In re Baldwin
United Corporation Litigation, M.D.L. No. 581
(S.D.N.Y.), and was prime negotiator of settlements
aggregating more than $220 million, the largest federal
securities class action settlement recorded at that time.
Subsequently, he has led plaintiffs’ counsel in a wide
range of cases arising out of the federal securities laws,
as well as antitrust and consumer laws. He has actively
negotiated more than 100 complex class action
settlements, including acting as prime negotiator and
achieving a $1.07 billion settlement in In re NASDAQ
Market Makers Antitrust Litigation, M.D.L. No.1023
(S.D.N.Y.), the largest antitrust class action settlement at
that time. He recently acted as class lead counsel in
securities class actions involving Rite Aid (settled in
2003 for approximately $300 million) and Lucent (global
settlements of $600 million).
Mr. Bershad is a regular panelist on securities law
matters for the Practising Law Institute, American Bar
Association, American Conference Institute, Glasser
Legal Works, and American Law Institute-American Bar
Association. He lectures on the topics of complex
litigation, federal securities law, class actions and
financial derivatives. He has contributed the plaintiffs’
view in a book, Securities Class Actions: Abuses and
Remedies, published by the National Legal Center for the
Public Interest, and has debated the plaintiffs’ view of
the world before the Federalist Society. He has also
appeared as a legal expert on CNBC and CNN regarding
significant business related public interest issues. Mr.
Bershad was recently profiled in Fortune magazine’s
feature story for his leading role in the Lucent
Technologies Shareholder Litigation.
Mr. Bershad is admitted to practice in the courts of
the State of New York, as well as the United States
District Court for the Southern District of New York, the
United States Courts of Appeals for the Second, Third,
Fourth, Seventh, and Ninth Circuits, and the U.S.
Supreme Court.
S
TEVEN
G. S
CHULMAN
graduated with a
B.A. degree in history, magna cum laude, Phi Beta
Kappa, from Williams College in 1973. He earned an
M.A. degree (1975) and a M.A.L.D. degree (1976) in
international relations from the Fletcher School of Law
and Diplomacy at Tufts University. In 1980, Mr.
Schulman received his J.D. degree. with honors from the
University of Chicago Law School, where he served on
The University of Chicago Law Review and was elected
to the Order of the Coif. Thereafter, he served for one
year as a law clerk to the Honorable Robert L. Kunzig of
the United States Court of Claims in Washington, D.C.,
following which he associated with Cravath, Swaine &
Moore in New York City.
Since joining Milberg Weiss in 1986, Mr. Schulman
has been engaged in prosecuting a wide variety of
securities fraud class actions and shareholder derivative
actions. He has also been actively and extensively
involved in shareholder litigations arising from mergers
and acquisitions, many of which were litigated in Courts
of the State of Delaware. Among Mr. Schulman’s
significant recent cases, he served as lead trial counsel in
In re MicroStrategy, Inc. Securities Litigation (E.D.
Va.), which settled for an amount in excess of $150
million. He has also served as lead counsel in the Disney
Shareholder Litigation pending in the Delaware Court of
Chancery, the In re Nortel Networks Corporation
Securities Litigation pending in the Southern District of
New York, the In re Williams Securities Litigation
pending in the Northern District of Oklahoma and in the
In re Raytheon Securities Litigation pending in the
District of Massachusetts. He is also significantly
involved in the Firm’s groundbreaking litigation relating
to Wall Street’s IPO allocation practices.
Mr. Schulman frequently lectures and participates in
professional education panels, some of which include:
Civil Practice and Litigation Techniques in Federal and
State Courts, organized by ALI-ABA Committee on
Continuing Professional Education (11/16-18/00); Key
Issues Facing Boards Of Directors: The Coming Tide in
Securities Class Actions, organized by AIG, Freeborn &
Peters, Milberg Weiss and the National Economic
Research Associates (02/22/01); Leveraged Buyouts &
Other Private Equity Investments, organized by City Bar
Center for CLE - Association of the Bar of the City of
New York (09/24/01); The 33rd Annual Institute on
Securities Regulations, organized by Practicing Law
Institute (11/7/01); Evolution of the Derivative Lawsuit,
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                                                               Page 33
organized by Professional Liability Underwriting Society
(02/06/02); Sarbanes-Oxley Act: Impact on Civil
Litigation under the Federal Securities Laws, organized
by ALI-ABA Committee on Continuing Professional
Education (12/5/02); Corporate Governance and
Disclosure, organized by Corporate Communications
Broadcast Network (3/20/03); Seventh Circuit Judicial
Conference
Corporate
Governance
Roundtable,
organized by The Seventh Circuit Bar Association
(05/05/03); and The 35th Annual Institute on Securities
Regulations, organized by Practising Law Institute
(11/8/03); Life and Health Insurance and Financial
Services Litigation: Fallout From “Canary”, organized
by ALI-ABA Committee on Continuing Professional
Education (05/06/04). In addition, Mr. Schulman has
co-authored several publications on the subject of
securities and shareholder litigation: “Leveraged
Buyouts – Issues From The Shareholder Plaintiffs’
Perspective,” (09/01 NY, NY); “Developments in
Private Securities Litigation Standards and Other
Significant Case Law Developments” (11/01 NY, NY);
“Duties and Liabilities of Outside Directors to Ensure
That Adequate Information and Control Systems Are in
Place – A Study in Delaware Law and the Private
Securities Litigation Reform Act of 1995” (02/02 NY,
NY); “Sarbanes-Oxley Act: The Impact on Civil
Litigation Under the Federal Securities Laws from the
Plaintiffs’ Perspective” (12/5/02, NY, NY); “The
Plaintiff’s Perspective on Shareholder Class and
Derivative Actions Alleging Breach of Fiduciary Duty”
(3/12/03, NY, NY); “Cutting Edge Issues in the New
Millennium: Corporate Governance and the Courts - The
Sarbanes-Oxley Act and the Impact on Civil Litigation
Under the Federal Securities Laws from the Plaintiffs’
Perspective” (5/5/03, Milwaukee, WI); “Fallout From
“Canary”: “Private Civil Litigation and Legal Remedies
Beyond Regulatory Measures” (5/6/04, Washington D.C.).
Mr. Schulman is a member of the Association of the
Bar of the State of New York, the American Bar
Association, and the Federal Bar Council. A member of
the Association of the Bar of the City of New York, Mr.
Schulman served on its Special Committee on Mergers,
Acquisitions and Corporate Control Contests. He is a
Presidential level member of the Association of Trial
Lawyers of America (ATLA) and a Sustaining Fellow in
the Roscoe Pound Institute. Mr. Schulman is a member
of the Bars of the State of New York and the District of
Columbia and is also admitted to practice before the
District Court of the Southern, Northern, and Eastern
Districts of New York.
J
EROME
M. C
ONGRESS
received an A.B.
degree with honors from Cornell University. From 1960
to 1962 he was a Fulbright Scholar at Oxford University,
England, where he studied philosophy, politics and
economics. He received an LL.B. degree cum laude
from Harvard Law School where he was an editor of
Harvard Law Review during 1963-1964.
Since graduating from law school, Mr. Congress has
spent the bulk of his time in commercial and securities
litigation.
Mr. Congress is admitted to practice in the courts 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.
A
RNOLD
N. B
RESSLER
graduated from Case
Western Reserve University in 1971 with a B.A. degree,
magna cum laude, and was elected to Phi Beta Kappa.
In 1974 he graduated from Columbia Law School where
he was a member of the Board of Editors of the
Columbia Law Review and a Harlan Fiske Stone Scholar.
Mr. Bressler is a managing partner of the Firm and is
the head of the Firm’s Corporate Department, which
represents primarily middle market (sales under $100
million) public companies as well as closely held and
foreign owned corporations. Approximately 40% of the
Department’s time is devoted to securities related
matters, 30% to mergers and acquisitions, and 30% to
general corporate matters. The Firm is currently general
counsel to a number of publicly traded corporations in
the United States as well as several subsidiaries of
foreign public corporations.
The Firm has represented companies on the New
York and American Stock Exchanges as well as
NASDAQ companies, taken companies public and
managed secondary offerings.
Mr. Bressler has
specialized in corporate and securities law for over 25
years, primarily representing issuers. Mr. Bressler is the
Firm’s representative to ACL International, an
association of international law firms with members in
over 40 countries. Mr. Bressler has lectured in Europe
and North America on U.S. securities and corporate
laws.
Since 1994, Mr. Bressler has served as a director and
officer of the Israel Humanitarian Foundation, which
supports social service programs in Israel. From 1990 to
1996, he served as Vice Chairman of the Board of
Directors of the Rodeph Sholom School, a private
elementary school in New York City. Her is also a
member of the Association of the Bar of the City of New
York. He is admitted to practice in the courts of the
State of New York and the State of New Jersey as well
as the United States District Court for the Southern and
Eastern Districts of New York and the District of New
Jersey.
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                                                                Page 34
M
ICHAEL
C. S
PENCER
graduated from Yale
University in 1973 with a B.A. degree, magna cum
laude, with distinction, in philosophy. While at Yale, he
was elected to Phi Beta Kappa. Mr. Spencer received a
J.D. degree from Harvard Law School, cum laude, in 1976.
After graduation, Mr. Spencer served as law clerk to
the Honorable William Matthew Byrne Jr., United States
District Court, Central District of California, in 1976-77.
He then returned to New York and joined Cravath,
Swaine & Moore as an associate, where he worked until
1986 on antitrust, banking, real estate, commercial and
securities litigation matters. In his later years at Cravath,
he represented the bond fund trustee in connection with
bond defaults of Washington Public Power Supply
System nuclear plants.
In 1986, Mr. Spencer joined Milberg Weiss as an
associate and became a partner later that year. He
worked on the WPPSS securities fraud litigation and
many of the Firm’s other cases, prominently including
representation of the FDIC in its failed bank audit
litigation involving the Butcher Brothers banks in
Tennessee, which led to a year-long trial and a global
settlement of all bank-related claims against Ernst &
Whinney just before closing arguments to the jury in late
1992.
He has since worked on many of the Firm’s securities
fraud cases, as well as cases in other areas including
representation of a broad coalition of union health care
funds seeking to recover costs for treating smoking-
related illnesses from the tobacco industry, Year 2000
litigation, cases involving alleged kickbacks in the
mortgage insurance industry and consumer and securities
fraud cases against insurance companies selling deferred
annuities into qualified retirement plans.
Mr. Spencer is chair of the Firm’s Technology
Committee and serves on the Management Committee.
Mr. Spencer is admitted to practice in the courts of the
States of New York and California, as well as the United
States District Courts for the Southern and Eastern
Districts of New York, the Central District of California,
and the United States Courts of Appeals for the Second,
Third, Fourth, Seventh, Eleventh, and D.C. Circuits.
R
OBERT
A. W
ALLNER
received his B.A.
degree from the University of Pennsylvania in 1976
graduating magna cum laude. He attended New York
University School of Law, earning his J.D. degree in
May 1979. He was elected to the law school’s Order of
the Coif and served as an editor of New York University
Law Review.
Prior to joining Milberg Weiss, Mr. Wallner was
associated with Cravath, Swaine & Moore. He has
litigated complex securities, consumer and antitrust class
actions throughout the country. He currently represents
investors in In re Initial Public Offering Securities
Litigation (S.D.N.Y.), In re Deutsche Telekom Securities
Litigation (S.D.N.Y.) and In re CMS Energy
Corporation Securities Litigation (E.D. Mich.). He has
also represented consumers in In re Synthroid Marketing
Litigation (N.D. Ill.) and the Mercedes-Benz Tire
Litigation (D.N.J.).
Mr. Wallner is a frequent lecturer on securities and
complex litigation issues, and serves on the editorial
board of Securities Litigation Report, published by
Glasser LegalWorks.
Mr. Wallner is a member of the Association of the
Bar of the City of New York where he served as a
member of its Federal Courts Committee. He also
served as a member of the faculty of the American Bar
Association’s First Annual National Institute on
Securities Litigation and Arbitration, in June 1998. Mr.
Wallner is admitted to the New York Bar and the United
States District Court for the Southern and Eastern
Districts of New York.
S
ANFORD
P. D
UMAIN
attended Columbia
University where he received his B.A. degree in 1978.
He graduated cum laude from Benjamin N. Cardozo
School of Law of Yeshiva University in 1981 and was
Research Editor of Cardozo Law Review, 1980-1981.
Mr. Dumain served as law clerk to Judge Warren W.
Eginton, U.S. District Court, District of Connecticut
1981-1982. During the early years of his practice, he
also served as an Adjunct Instructor in Legal Writing and
Moot Court at Benjamin N. Cardozo School of Law.
Since joining Milberg Weiss in 1984, Mr. Dumain
has represented plaintiffs in cases involving securities
fraud, consumer fraud, insurance fraud and violations of
the antitrust laws. He has lectured for ALI-ABA
concerning accountants’ liability and has prosecuted
several actions against accounting firms.
During 1990, Mr. Dumain served on the trial team
for a six-month trial in which the Firm represented the
City of San Jose, California, that resulted in a verdict
totaling over $18 million plus pre-judgment interest for
the City against the defendants. The City’s claims
against two of the defendants were settled for $12
million while appeals to the Ninth Circuit were pending.
Previously, settlements with eleven other defendants
totaled over $12 million.
Judge Janet C. Hall of the District of Connecticut
made the following comment in In re Fine Host
Securities Litigation, (Docket No. 3:97-CV-2619 (JCH)):
“The court also finds that the plaintiff class received
excellent counseling, particularly from the Chair of the
Plaintiffs’ Executive Committee, Attorney Dumain.”
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                                                              Page 35
Mr. Dumain is admitted to practice to the State Bar
of New York, U.S. District Court for the Southern and
Eastern Districts of New York and District of
Connecticut, and U.S. Courts of Appeals for the First,
Second, Sixth, Seventh and Eighth Circuits.
G
EORGE
A. B
AUER
III
earned his B.B.A.
degree magna cum laude in 1976 from Bernard M.
Baruch College of the City University of New York,
where he majored in accounting. He was awarded the
Andrew J. Coppola prize in Law from Baruch College.
Mr. Bauer attended New York University School of Law
and graduated with a J.D. degree in 1979.
Mr. Bauer’s practice concentrates on Class Action
Settlements and Settlement Administration. He has
played a lead role in documenting and effectuating many
of the largest and most complex securities litigations
settlements ever obtained, notably including: the $1.027
billion settlement of the In re NASDAQ Market-Makers
Antitrust Litigation, MDL No. 1023, (S.D.N.Y.);
settlements relating to the $2 billion estate of the Drexel
Burnham Lambert including In re Drexel Burnham
Lambert Group, 90 Civ. 6954 (MP) (S.D.N.Y.) and the
$1.3 billion settlement of the In re Michael Milken &
Associates Securities Litigation, MDL 924 (S.D.N.Y.);
settlements worth over $775 million in In re Washington
Public Power Supply Systems Securities Litigation, MDL
551 (D. Ariz.); settlements including cash and securities
worth over $615 million in In re Lucent Technologies
Inc. Securities Litigation, Case No 00-CV-621 (JAP) (D.
N.J.); the $300 million cash settlement of In re Oxford
Health Plans Inc., Securities Litigation, MDL No. 1222
(CLB) (S.D.N.Y.); the $200 million settlement in In re
PaineWebber Limited Partnerships Litigation, Master
File No. 94-Civ.8547 (SHS)(S.D.N.Y.); the settlement
for cash and securities worth over $137.5 million in In re
Microstrategy Inc. Securities Litigation, Civil Action N.
00-473-A (E.D. Va, Alexandria Division);
the
settlements for securities worth over $133.5 million in In
re Computer Associates Class Action Securities
Litigation, Master File No. 98 Civ. 4839 (TCP), and In
re Computer Associates 2002 Class Action Securities
Litigation, Master File
No,.02-CV-1226 (TCP)
(E.D.N.Y.); and the $110 million settlement in In re
Prudential
Securities Inc. Limited
Partnerships
Securities Litigation, MDL 1005 (MP) (S.D.N.Y.).
Mr. Bauer is a member of the Firm’s Library
Committee. He is also a member of the American Bar
Association, the New York State Bar Association, the
Association of Trial Lawyers of America, and the New
York County Lawyers Association.
Mr. Bauer was admitted as a member of the New
York Bar in January 1980 and is also admitted to the
United States District Court for the Southern and Eastern
Districts of New York. Mr. Bauer is admitted to practice
before the United States Supreme Court and the United
States Courts of Appeals for the Second and Fourth Circuits.
B
ARRY
A. W
EPRIN
graduated from Harvard
College in 1974. He received a J.D. degree from the
New York University School of Law in 1978, and a
master of public affairs from the Woodrow Wilson
School of Princeton University in 1978. While in law
school, Mr. Weprin was notes and comments editor of
New York University Law Review.
After graduation, he served as law clerk to Judge
Charles P. Sifton of the United States District Court for
the Eastern District of New York. Following his
clerkship, Mr. Weprin was associated with the law firm
of Wachtell Lipton Rosen & Katz where he specialized
in commercial and securities litigation. From 1985 to
1989 he served as general counsel to the New York State
Housing Finance Agency and the New York State
Medical Care Facilities Finance Agency, two agencies
that issue tax exempt bonds for financing nonprofit
medical facilities and qualified housing projects.
Since joining Milberg Weiss in 1989, Mr. Weprin
has specialized in securities and insurance litigation. He
has served as co-lead counsel in a number of complex
securities class action litigations, including In re All Star
Inns Securities Litigation (S.D.N.Y.), In re York
Research Securities Litigation (S.D.N.Y.), and Bharucha
v. Reuters, PLC (E.D.N.Y.). He was one of the principal
attorneys in the sales practice litigations against The
New York Life Insurance Company, The John Hancock
Mutual Life Insurance Company, and The Prudential
Life Insurance Company.
In approving the settlement in the Allstar Inns case,
Judge Peter Leisure stated:
We have a situation here which is a classic
example of the benefits to be derived through the
class action vehicle, to have the high quality
representation of the class. The reputation of
counsel . . . Barry Weprin of Milberg Weiss,
precedes them to this court and I’m familiar in
other matters with the case in which these lawyers
work.
The class was indeed fortunate to have
lawyers of this caliber on this matter and the court
is satisfied that the class was well-represented and
had the benefits of the quality of representation
that would not have otherwise been available if
the class action vehicle had not been used.
Mr. Weprin has served as a town Councilman for the
Town of Mamaroneck, New York, since January 1994.
From 1992 through 1994 he was vice-chairman of the
Town of Mamaroneck Housing Authority.
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                                                              Page 36
Mr. Weprin is a member of the American Bar
Association, the Association of the Bar of the City of
New York, the New York County Lawyers Association,
and the New York State Bar Association. Mr. Weprin is
admitted to practice in New York, the United States
District Court for the Southern and Eastern Districts of
New York, the United States Court of Appeals for the
Second Circuit, and the United States Supreme Court.
D
AVID
A. P. B
ROWER
received his A.B.
degree from Columbia College of Columbia University
in 1979. He received his J.D. degree from Georgetown
University Law Center in 1982, and attended the
University of London in 1980, where he studied
comparative and international commercial law.
Mr. Brower is a member of the National Association
of Securities and Commercial Law Attorneys, and
lectures before professional organizations in the areas of
securities regulation and litigation. Mr. Brower has
extensive experience in complex shareholder derivative
and
securities, commodities, consumer protection,
environmental, antitrust, and RICO class action litigation.
Mr. Brower is admitted to the Bar of the State of
New York, and admitted to practice before the Supreme
Court of the United States; the United States Courts of
Appeals for the First, Second, Fourth, Fifth, Sixth, Tenth
and Eleventh Circuits; and the United States District
Court for the Southern District of New York.
R
ICHARD
H. W
EISS
received an A.B. degree
summa cum laude from Princeton University in 1979. In
1980, he received an M.Phil. degree in international
relations from Cambridge University, England.
He
graduated from Yale Law School in 1983.
Mr. Weiss is admitted to practice in the State of New
York, the United States District Court for the Eastern
and Southern Districts of New York, the United States
Courts of Appeals for the Second and Sixth Circuits,
United States Supreme Court, and the United States
Claims Court.
D
EBORAH
C
LARK
-W
EINTRAUB
attended
St. John’s University and received a B.A. degree summa
cum laude in 1981. She received the President’s Award
upon graduation for attaining the highest academic
average among the graduates of St. John’s College of
Liberal Arts and Sciences. Ms. Weintraub attended
Hofstra University School of Law and received her J.D.
degree, with distinction, in 1986. She was a member of
Law Review (1984-1985) and served as Research Editor
(1985-1986).
Following graduation, Ms. Weintraub
served as a law clerk to the Honorable Jacob Mishler,
United States District Judge, United States District Court
for the Eastern District of New York (1986-1987). She
joined Milberg Weiss in 1987 following her clerkship.
Ms. Weintraub is a managing partner of the Firm and a
member of its Diversity Committee.
Ms. Weintraub has extensive securities class action
experience and has acted as one of plaintiffs’ co-lead
counsel in numerous securities class action cases that
have obtained substantial recoveries for defrauded
investors including In re Oxford Health Plans, Inc.
Securities Litigation, MDL Dkt. No. 1222 (CLB)
(S.D.N.Y.), in which a cash settlement of $300 million
was obtained. Ms. Weintraub is currently serving as co-
lead counsel for plaintiffs in numerous securities class
action cases including In re CVS Corporation Securities
Litigation, No. 01-11464 (JLT) (D. Mass.), and In re
Metromedia Fiber Network, Inc. Securities Litigation,
No. 01 Civ. 7353 (CLB) (S.D.N.Y.). Ms Weintraub is
also one of the lead plaintiffs’ counsel in In re Mutual
Funds Investment Litigation, MDL Dkt. 1586 (D. Md.).
This multidistrict litigation seeks to recoup the damages
suffered by mutual fund shareholders caused by market
timing and late trading activity.
Ms. Weintraub is the co-author of “Gender Bias and
the Treatment of Women As Advocates,” Women in Law
(1998), and of the “Dissenting Introduction” defending
the merits of securities class action litigation contained
in the 1994 monograph Securities Class Actions: Abuses
and Remedies, which was published by the National
Legal Center for the Public Interest.
Ms. Weintraub is a member of the American Bar
Association, the New York State Bar Association, the
Association of the Bar of the City of New York, and the
New York County Lawyers’ Association.
Ms.
Weintraub was admitted to the New York Bar in March
1987 and is also admitted to the United States District
Court for the Southern and Eastern Districts of New York.
B
RAD
N. F
RIEDMAN
received an B.A. degree
in government from Cornell University in 1982 and a
J.D. degree cum laude from New York University
School of Law in 1986, where he was a member of the
Order of the Coif and an editor of the New York
University Law Review. Upon graduation from law
school, he began a one-year judicial clerkship with the
Honorable Max Rosenn, United States Court of Appeals
for the Third Circuit.
Mr. Friedman has recovered billions of dollars on
behalf of injured plaintiffs, including as lead counsel in
numerous “vanishing premium” and “churning” life
insurance sales practice class actions (including cases
again Prudential and Metropolitan Life). In 2002, Mr.
Friedman acted as lead counsel on behalf of various
asbestos committees in the W.R. Grace bankruptcy, and
successfully recovered approximately $1 billion through
a fraudulent conveyance litigation. Mr. Friedman also
has an active securities and plaintiffs’ mass tort practice.
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                                                               Page 37
Mr. Friedman is a member of the Federal Bar
Council, the American Bar Association, the Association
of Trial Lawyers of America, the New York State Bar
Association and the New York City Bar Association.
Mr. Friedman is admitted in the courts of the State of
New York and New Jersey, as well as the United States
Courts of Appeals for the Third and Fifth Circuits, and
the United States District Courts for the Southern and
Eastern Districts of New York and the District of New
Jersey.
J
OSHUA
H. V
INIK
graduated with honors from
the State University of New York at Oneonta in 1983
where he majored in economics. After graduating cum
laude from Brooklyn Law School, Mr. Vinik clerked for
Magistrate (now Judge) Carol B. Amon of the United
States District Court for the Eastern District of New York.
Mr. Vinik’s practice focuses primarily on class
actions on behalf of defrauded investors, as well as
complex commercial litigation, including accountants’
liability actions and derivative actions. Mr. Vinik’s
extensive litigation efforts on behalf of aggrieved
investors include many actions which have led to
significant recoveries for investors, including In re Baan
Securities Litigation (D.D.C.); Lasky v. Brown (United
Companies Financial Securities Litigation) (M.D. La.),
Kaufman v. Motorola, Inc. (N.D. Ill.) and In re Salomon
Inc. Shareholders Derivative Litigation (S.D.N.Y.).
Mr. Vinik is a member of the American Bar
Association, The New York State Bar Association and
the Association of the Bar of the City of New York. Mr.
Vinik is admitted to practice in the courts 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 Courts of Appeals for the Second,
Third, and Fifth Circuits.
J
EFF
S. W
ESTERMAN
received his B.A.
degree from Northwestern University in 1977, where he
was selected to two senior honorary societies. He
received his J.D. degree from the University of
Pittsburgh in 1980, where he was a member of Law
Review from 1978 to 1980.
Mr. Westerman’s practice is primarily in the areas of
securities fraud class actions, shareholder derivative
actions and corporate mergers and acquisition litigation.
He has served as lead or co-lead counsel in cases
resulting in significant corporate governance changes
and shareholder recoveries totaling more than $330 million.
Mr. Westerman has also been the moderator or
speaker for programs on complex litigation,
developments in class action practice, settlements, the
Sarbanes-Oxley Corporate Responsibility Act, shareholder
derivative actions and trends in business litigation.
Mr. Westerman is an ex-officio member, and was a
member (2001-2003) and Co-Chair (2002-2003) of the
Central District of California Attorney Delegation to the
United States Ninth Circuit Judicial Conference. He
serves on the Central District of California, U.S.
Magistrate Judge Merit Selection Panel (2003-present)
and the standing committee on Attorney Discipline
(2004-present). He is also a member of the Central
District of California Attorney Settlement Officer Panel
(1998-present ).
Mr. Westerman is currently the president of the
Association of Business Trial Lawyers. He was on the
Board of Governors (1997-2001), Treasurer (2001-
2002), Secretary (2002-2003) and Vice President (2003-
2004 ). He is also on the Board of Governors of the
Consumer Attorneys Association of Los Angeles (2003-
present).
Mr. Westerman is a member of the Los Angeles
County Bar Complex Courts Bench-Bar Committee, and
the Bench-Bar Civil Courts Committee; and served as
Judge Pro Tem in the Los Angeles Small Claims Court
in 1987-1988, 1990, 1992-1993 and 1996-1997. He is a
member of the Los Angeles County and Federal Bar
Associations. He was on the California State Bar Task
Force on Complex Litigation, and Chair of the Judicial
Education Subcommittee (1997).
Mr. Westerman is admitted to practice in the courts
of the State of California, as well as the United States
District Court for the Central District of California, the
United States Court of Appeals for the Ninth Circuit and
the United States Supreme Court.
E
DITH
M. K
ALLAS
graduated from the
Juilliard School in 1984 with a B.M. degree in music
performance and from the Fashion Institute of
Technology with an A.A.S., summa cum laude. She
graduated with a J.D. from Benjamin N. Cardozo School
of Law in 1987, where she was a member of the Moot
Court Board.
Ms. Kallas is presently a Managing Partner of the
Firm and concentrates her practice primarily in the areas
of healthcare and securities litigation.
Her clients
include: the Medical Society of the State of New York,
the Connecticut State Medical Society, the Medical
Society of New Jersey, South Carolina Medical
Association, Tennessee Medical Association, North
Virginia Medical Societies, North Carolina Medical
Society, Washington State Medical Association, Hawaii
Medical Association, Alaska Medical Association,
Vermont Medical Society, El Paso County Medical
Society of Colorado, and the California Chiropractic
Association.
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                                                              Page 38
Ms. Kallas is the co-author of “Gender Bias and the
Treatment of Women As Advocates,” Women in Law
(1998). Ms. Kallas has also participated as a faculty
member and/or speaker in the following conferences:
“Class Action Health Care Litigation,” ALI-ABA Health
Care Law and Litigation Conference, 1999; “Class
Actions: HMOs and Health Care Providers Under
Attack,” ALI-ABA Life and Health Insurance Litigation
Conference, 2000; “Providers (Suits by Doctors and
Hospital Class Actions),” ALI-ABA Health Care Law
and Litigation Conference, 2000; “The Application of
ERISA and RICO Theories in the Age of Managed
Care,” The Judges and Lawyers Breast Cancer Alert,
2000; “Health Care Litigation: What You Need to Know
After Pegram,” Practicing Law Institute, 2000; “Provider
Suits by Doctors and Hospitals v. HMOs,” ALI-ABA
Health Care Law and Litigation Conference, 2001; The
Joint Seminar Session of the School of Allied Health and
Health Law Section at Quinnipiac University School of
Law, 2001; The CLE Conference presented by the
American Society of Medical Association Counsel,
2002; “The Unique Role of The Medical Society
Effectively Litigating for Change in the Healthcare
Arena”, American Academy of Otolaryngology
Presidential - Board of Governors Special Seminar 2002.
Ms. Kallas is a member of the Association of the Bar
of the City of New York, the New York State Bar
Association and the New York County Lawyers’
Association. Ms. Kallas is admitted to the New York
State Bar, the United States District Court for the
Southern and Eastern Districts of New York and the
United States Courts of Appeals for the Second, Third
and Sixth Circuits.
W
ILLIAM
C. F
REDERICKS
graduated with
high honors from Swarthmore College in 1983 with a
B.A. degree in political science, and earned his M.Litt.
degree in international relations from Oxford University
(England) in 1988. In 1988, he also received his J.D.
degree from Columbia University, where he was a three-
time Harlan Fiske Stone Scholar, a Columbia University
International fellow, an articles editor of The Columbia
Journal of Transnational Law, and the recipient of the
Beck Prize in property law, the Toppan Prize in
advanced constitutional law, and the Greenbaum Prize
for written advocacy. A panel chaired by Justice
Antonin Scalia also awarded Mr. Fredericks the Gov.
Thomas E. Dewey Prize for best oral argument in the
final round of the 1988 Harlan Fiske Stone Moot Court
Competition. After graduating from law school, Mr.
Fredericks clerked for the Hon. Robert S. Gawthrop III
of the U.S. District Court for the Eastern District of
Pennsylvania from 1988-89, and then worked as an
associate at Simpson Thacher & Bartlett and Willkie
Farr & Gallagher.
At Milberg Weiss, Mr. Fredericks specializes in
securities and other complex commercial litigation. In
the securities area, Mr. Fredericks has represented
investors in numerous class actions in which Milberg
Weiss has been appointed sole or co-lead counsel,
including In re Rite Aid Securities Litigation (E.D. Pa.);
Bassman v. Union Pacific Corp. (N.D.Tex.); In re
MobileMedia, Inc. Securities Litigation (D.N.J.); In re
Olsten Corp. Securities Litigation (E.D.N.Y.); Chu v.
Sabratek Corp. (N.D. Ill.); Schaffer v. Evolving Systems,
Inc. (D. Colo.); In re New Era of Networks, Inc. (D.
Colo.); Lirette v. Shiva Corp. (D. Mass.); Bell v. Fore
Systems, Inc. (W.D.Pa. 1998); In re Cabletron Systems,
Inc. Securities Litigation (D.N.H.); In re Vivendi
Universal S.A. Securities Litigation (S.D.N.Y.), and
Irvine v. Imclone Systems, Inc. (S.D.N.Y.).
Mr.
Fredericks has also successfully represented several
institutional clients (including Mexico’s TV Azteca and
Australia’s Australis Media Group) in private
commercial disputes at both the trial and appellate level.
See, e.g., National Broadcasting Co. (NBC) v. Bear
Stearns & Co., et al., 165 F.3d 184 (2d Cir. 1999); News
Ltd. v. Australis Holdings Pty. Limited., 728 N.Y.S. 2d 667
(1st Dep’t 2001) and 742 N.Y.S. 2d 190 (1st Dep’t 2002).
Mr. Fredericks has been a panelist on various
securities litigation programs sponsored by different
organizations, including the Practising Law Institute. He
is the author, most recently, of “Recent Developments in
Civil Securities Fraud Litigation” (with Melvyn I.
Weiss) published in SEC Disclosure Accounting and
Enforcement (Glasser LegalWorks, April 2002).
Mr. Fredericks is a member of the Association of the
Bar of the City of New York, and is a former chairman
of the Association’s Committee on Military Affairs and
Justice. Mr. Fredericks is admitted to practice before the
courts of New York State, the United States District
Courts for the Southern and Eastern Districts of New
York and the District of Colorado, and the United States
Courts of Appeals for the Second, Third, Sixth and Tenth
Circuits. He has also been admitted pro hac vice by, and
argued before, the Supreme Court of the State of New
Jersey (see Kaufman v. I-Stat Corp., 165 N.J. 94 (2000).
J
ANINE
L. P
OLLACK
graduated from Rutgers
University with high honors in 1986 with a B.A. degree,
majoring in English and French. While at Rutgers, she
was elected a member of Phi Beta Kappa. She also spent
a semester studying at New York University in France.
Ms. Pollack graduated from the University of
Pennsylvania Law School in 1989, and was a member of
the Journal of International Business Law.
Ms. Pollack is a member of the American Bar
Association. She was admitted to the New York State
Bar in 1990. She was also admitted to the New Jersey
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                                                              Page 39
State Bar in 1989, as well as the U.S. District Court for
the District of New Jersey. In 1990, Ms. Pollack was
admitted to the U.S. District Court for the Southern and
Eastern Districts of New York.
K
IRK
E. C
HAPMAN
graduated cum laude from
Harvard University in 1985 with a B.A. degree in
biochemistry. He received his J.D. in 1989 from the
University of Chicago where he was a member of the
Legal Forum publication.
Mr. Chapman’s major
practice areas are securities fraud class actions and
employment discrimination matters.
Mr. Chapman is admitted to practice in the Courts of
the State of New York as well as the United States
District Courts for the Southern and Eastern Districts of
New York.
S
ALVATORE
J. G
RAZIANO
graduated from
New York University School of Law in 1991, cum laude.
Upon graduation from law school, Mr. Graziano served
as an assistant district attorney in the Manhattan District
Attorney’s Office until he joined Milberg Weiss in 1995.
Mr. Graziano is a member of the Firm’s Management
Committee. Mr. Graziano, an experienced trial attorney,
has taken a leading role in a number of the Firm’s major
securities fraud class actions including cases against:
Raytheon Company and PricewaterhouseCoopers LLP
(total recoveries of $460 million); MicroStrategy, Inc.
and PricewaterhouseCoopers LLP (total recoveries
valued at approximately $200 million); i2 Technologies,
Inc. (total recovery of $84.85 million (pending final
court approval)); and Aetna Inc. (total recovery of $82.5
million).
Mr. Graziano has achieved significant legal
precedent at the district and appellate court level
nationwide, including the seminal Second Circuit
decision of Novak v. Kasaks, 216 F.3d 300 (2d Cir.
2000), interpreting the pleading standards of the Private
Securities Litigation Reform Act of 1995.
Mr. Graziano is presently a member of the Financial
Reporting Committee of the Association of the Bar of
the City of New York and previously served on the
Securities Regulation Committee of the New York City
Bar Association. Mr. Graziano has served as a panelist
on numerous securities litigation programs.
Mr.
Graziano is admitted to practice before the courts of New
York State, the United States District Courts for the
Southern and Eastern Districts of New York and the
United States Courts of Appeals for the Second and
Eleventh Circuits.
D
OUGLAS
J. R
ICHARDS
earned his A.B.
degree in 1977 from the University of Chicago, majoring
in economics, and earned his J.D. degree in 1981 from
Harvard Law School. Before joining Milberg Weiss in
June 2000, he served for nearly three years as deputy
general counsel of the Commodity Futures Trading
Commission (CFTC) in Washington, D.C. Before
joining the CFTC, he was a litigator for more than 12
years with O’Sullivan Graev & Karabell, LLP in New
York, first as a litigation associate from 1985-89 and
then as a litigation partner from 1989 to October 1997
when he left to join the CFTC. From 1981 to 1985, he
was a litigation associate with Cahill Gordon & Reindel
in New York.
Mr. Richards is a member of the American Bar
Association (Antitrust Section), the Antitrust Section of
the Association of the Bar of the City of New York, the
Advisory Board of the American Antitrust Institute, and
the New York State Bar Association (Commercial and
Federal Litigation Section, Committee on Civil Practice
Law and Rules).
An experienced commercial litigator with a
particularly extensive background in litigation relating to
trade regulation and corporate finance, Mr. Richards is
admitted to practice before the United States Supreme
Court; the U.S. Courts of Appeals for all Circuits except
the First and Federal Circuits; the U.S. District Courts
for the Southern, Eastern, Northern and Western
Districts of New York; the District of Connecticut; and
all New York State Courts. He has argued more than
twenty appeals in the federal and state courts of appeals,
including more than a dozen appeals in the Second
Circuit.
M
ICHAEL
M. B
UCHMAN
attended North
Carolina State University’s Textile Engineering &
Management program, later graduating cum laude from
Alfred University where he received a B.A. degree and
divisional honors in history in 1988. In 1992, he
received a J.D. degree from The John Marshall Law
School where he was a member of an award winning
International Moot Court team. The following year, he
received an LL.M. degree in international antitrust and
trade law from Fordham University School of Law.
Prior to joining the Firm, Mr. Buchman served as an
assistant attorney general in the Antitrust Bureau of the
New York State Attorney General’s Office. Mr.
Buchman’s practice has been devoted heavily to
nationwide litigation in federal and state courts focusing
on the prosecution of complex antitrust, consumer
protection and privacy class actions.
Mr. Buchman has recently spearheaded an effort, on
behalf of consumers and third-party payors, to challenge
a variety of practices by pharmaceutical companies
designed to prevent lower priced, therapeutically
equivalent generic drugs from entering the market or to
otherwise artificially inflate brand name prescription
drug prices. He has served in a leadership capacity in
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                                                              Page 40
these cases many of which have been resolved
successfully. See In re Buspirone Antitrust Litigation,
MDL 1413 (S.D.N.Y.)(JGK) ($90 million settlement); In
re Relafen Antitrust Litigation, 01-12222-WGY (D.
Mass.) ($75 million settlement pending); In re
Augmentin Antitrust Litigation, 02 Civ. 445 (E.D. Va.,
Norfolk Div.) (HCM) ($29 million settlement). He has
also participated in the prosecution of In re NASDAQ
Market-Makers Antitrust Litigation, MDL 1023
(S.D.N.Y.) (RWS), which is one of the largest antitrust
settlements in the more than one hundred year history of
the Sherman Act ($1.027 billion).
The author or co-author of articles in international
and domestic legal publications concerning procedure or
competition law issues, Mr. Buchman has also served as
a lecturer for the Practising Law Institute on state unfair
deceptive acts and practices statutes.
In addition to his admission to practice in
Connecticut and New York, Mr. Buchman is admitted to
practice in the United States District Courts for the
Southern and Eastern Districts of New York, the United
States District Courts for Arizona and Connecticut, the
United States Court of Appeals, Second Circuit, and the
United States Court of International Trade.
A
RIANA
J. T
ADLER
graduated from Hamilton
College in 1989 with a B.A. degree. In 1992, she
received her J.D. degree from Fordham University
School of Law, where she was the articles and
commentary editor of the Fordham Urban Law Journal,
a member of the Moot Court Board and the 1990
recipient of the American Jurisprudence Award in
Criminal Law. She is the co-author of “Damages in
Federal Securities Litigation,” Securities Litigation
1991: Strategies and Current Developments, Practising
Law Institute, 1991.
Ms. Tadler has extensive experience litigating
complex securities class actions, including certain high
profile, fast-paced cases. In less than four years, she
litigated three cases in the Eastern District of Virginia
(aka the “Rocket Docket”), including In re
MicroStrategy Securities Litigation, in which plaintiffs’
counsel negotiated settlements valued at more than $150
million with the company and the auditor. Ms. Tadler is
also one of the principal liaison counsel on behalf of
plaintiffs in In re Initial Public Offering Securities
Litigation, which is pending before Judge Shira A.
Scheindlin in the United States District Court for the
Southern District of New York. In that capacity, she
manages on a day-to-day basis 309 separate class actions
which have been coordinated for pretrial purposes.
Among the thousands of defendants in these actions are
55 of this nation’s most prominent investment banks and
more than 300 corporate issuers.
Ms. Tadler has been a selected speaker on various
topics for numerous lectures and seminars nationwide at
which she has. Recent conferences include: National
Economic Research Associates: IPO Allocation;
American Bar Association: Pros and Cons of Laddering
Cases; Directors and Officers Symposium: An Overview
of the Mediation Process; and Practising Law Institute,
Symposium: “D&O Liability and Insurance 2004:
Directors & Officers Under Fire.” She is also a member
of the Firm’s Management Committee and Hiring
Committee and one of seven partners chosen to mentor
the Firm’s associates.
Ms. Tadler is a member of the American Bar
Association, the Association of Trial Lawyers of
America, the New York State Bar Association and the
New York County Lawyers Association. Ms. Tadler is
also involved in various charity and community
organizations. Ms. Tadler is admitted to the Bars of the
States of New York and New Jersey, as well as the
United States District Court for the Southern and Eastern
Districts of New York, the District of New Jersey and
the United States Court of Appeals for the Third Circuit.
L
EE
A. W
EISS
earned his undergraduate degree
from Emory University in 1988 and his J.D. degree, with
honors, from The George Washington University in 1991.
Mr. Weiss focuses his practice primarily on class
actions on behalf of defrauded investors and consumers,
as well as complex commercial litigation. His extensive
securities fraud litigation experience includes significant
settlements for class members in In re IKON Office
Solutions Securities Litigation (E.D. Pa.) and In re
Computer Associates Securities Litigation (E.D.N.Y.).
Additionally, Mr. Weiss currently represents purchasers
of deferred variable annuties in several large fraud class
actions in which Milberg Weiss is lead counsel,
including Nelson v. Pacific Life Insurance Company
(S.D. Ga.) and Douglass v. American United Life
Insurance Co. (Ind.).
Mr. Weiss is a member of the Firm’s Hiring and
Technology Committees, and serves as a mentor to the
Firm’s associates. Mr. Weiss is also a member of the
American Bar Association. In addition to the New York
State Bar, Mr. Weiss is admitted to the United States
District Courts for the Southern and Eastern Districts of
New York, and the United States Courts of Appeals for
the Fourth and Eleventh Circuits.
L
ORI
G. F
ELDMAN
, a member of the Firm,
protects the rights of shareholders in federal and state
courts across the nation.
Ms. Feldman is the daughter of retired public
employees and understands the importance of protecting
the investments of all workers and their families against
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                                                              Page 41
corporate fraud. In 2002-2003 and 2004-2005, she was
named a “Rising Star of Washington Law” by her fellow
practitioners in Seattle. Rising Stars are considered to be
Washington’s top lawyers under the age of 40.
In addition to lecturing on class action practice, she
currently serves as co-chair of the Continuing Legal
Education Committee of the Federal Bar Association for
the Western District of Washington.
Ms. Feldman’s representative recoveries exceed $91
million. Recently, she recovered millions of dollars for
class members in litigation involving SpectraLink
Corporation (D. Colo.), Cutter & Buck (W.D. Wash.),
InaCom (D. Del.), Secure Computing (N.D. Cal.) and
Micro Focus (N.D. Cal.). She is currently representing
shareholders in litigation involving, among several
others, Washington Mutual, Inc. (W.D. Wash.),
Amazon.com (W.D. Wash.), ConAgra Foods (D. Neb.),
Rhythms Net Connections (D. Colo.), Gilead Sciences,
Inc. (N.D. Cal.), Paradigm Medical (D. Utah), Digimarc
Corporation (D. Oregon), Merix Corporation (D.
Oregon) and drugstore.com (W.D. Wash.).
Ms. Feldman’s zealous advocacy has resulted in
important reported decisions by courts interpreting the
federal securities laws, including but not limited to
Gebhardt v. ConAgra Foods, Inc.
,
335 F.3d 824 (8th
Cir. 2003) (important loss causation and materiality
appellate court ruling); In re Rhythms NetConnections
Securities Litigation
,
300 F. Supp. 2d 1081 (D. Colo.
2004) (denying motion to dismiss); Kerns v. SpectraLink
Corp., No. 2-D-263, 2003 U.S. Dist. Lexis 11711 (D.
Colo. July 1, 2003) (granting class certification); In re
Secure Computing Corp., 184 F. Supp. 2d 980 (N.D.
Cal. 2001) (denying motion to dismiss); In re Spyglass,
Inc. Securities Litigation, 1999 U.S. Dist. LEXIS (N.D.
Ill. July 21, 1999) (denying motion to dismiss).
Ms. Feldman is admitted to the Bars of the States of
Washington and New York and her daily responsibilities
include managing the Firm’s Seattle practice.
E
LAINE
S. K
USEL
graduated from Boston
University in 1987 with B.A. degrees in economics and
international relations. While working full time, Ms.
Kusel attended The George Washington University Law
School as a full time student, graduating in 1994.
Ms. Kusel represents clients in complex litigation
stemming from corporate wrongdoing in a variety of
areas, focusing particularly on federal securities and
consumer fraud actions.
Most notably, Ms. Kusel played a leading role in the
Firm’s prosecution of a securities fraud action against
Lucent Technologies in which lead counsel recovered
more than $600 million for injured class members—the
third largest securities settlement in history.
In addition, Ms. Kusel is the lead attorney in the
Abdullah v. Pfizer case, in which she represents Nigerian
children enrolled in a clinical trial by Pfizer without their
families’ informed consent. The Abdullah case is
notable because it is one of the first cases in which a
Court determined that plaintiffs could proceed with a
claim under the Alien Tort Claims Act against a
corporate defendant for claims other than those related to
war time conduct.
Ms. Kusel also represents whistleblowers bringing
federal Qui Tam cases on behalf of individuals who have
uncovered fraud being committed by entities doing
business with the federal government.
Prior to joining Milberg Weiss, Ms. Kusel pursued
her interest in public interest work by spending eight
years working in the U.S. House of Representatives,
eventually serving as legislative director and counsel to a
member of Congress serving on the House Commerce
Committee.
Ms. Kusel co-chairs the Firm’s Summer Associate
Program and serves on the Firm’s Diversity Committee.
She also led the Firm’s pro bono work with Trial
Lawyers Care on behalf of the victims of September
11
th
. Ms. Kusel is a member of the Association of Trial
Lawyers of America, the New York State Bar
Association and the American Bar Association. Ms.
Kusel is admitted to practice in the courts of the State of
New York, as well as the United States District Courts
for the Southern District of New York, and the Eastern
District of Michigan.
D
ANIEL
B. S
COTTI
graduated from The George
Washington University in 1990 with a B.B.A. degree in
finance, and in 1993 received his J.D. degree from the
Southwestern University School of Law where he was
the recipient of American Jurisprudence Awards in both
Criminal Law and Legal Writing. In 1994, Mr. Scotti
received an LL.M. in securities regulation from the
Georgetown University Law Center. Upon graduation,
Mr. Scotti joined the litigation department of Prudential
Securities Incorporated where he defended the firm at
more than fifty securities arbitration hearings in just one
year. From 1995 though 1997, Mr. Scotti was associated
with the Chicago law firm of Ungaretti & Harris, where
he continued to hone his skills as a securities litigator.
Mr. Scotti has extensive experience litigating a
number of complex securities class actions which have
resulted in very favorable settlements for class members,
including: In re MicroStrategy, Inc. Securities Litigation
(E.D. Va.); In re Box Hill Systems Securities Litigation
(S.D.N.Y.); In re Penn Treaty American Corp. Securities
Litigation (E.D. Pa.); In re Motorola, Inc. Securities
Litigation (N.D. Ill.). In addition to prosecuting several
prominent securities class actions, Mr. Scotti is currently
Firm Résumé 22


                                                              Page 42
litigating a copyright infringement action against Ted
Koppel and ABC News on behalf of an award-winning
freelance journalist. Mr. Scotti also co-chairs the Summer
Associate Program for the Firm’s New York office.
Mr. Scotti is a member of the New York State and
American Bar Association. Mr. Scotti joined Milberg
Weiss in 1997 and is licensed to practice in the state
courts in New York, New Jersey, California and Illinois
and before the U.S. District Courts for the Southern and
Eastern Districts of New York, the Central District of
California, and the Northern District of Illinois.
R
ACHEL
S. F
LEISHMAN
graduated from New
York University in 1989 with a B.A. degree in politics.
She received her J.D. degree from St. John’s University
School of Law, cum laude, in 1992, where she was an
articles editor for the St. John’s Law Review. Ms.
Fleishman served as a law clerk to United States District
Judge Jed S. Rakoff.
Prior to joining Milberg Weiss in 2002, Ms.
Fleishman was associated with the law firms Dewey
Ballantine and Fried Frank Harris Shriver & Jacobson.
At those firms, Ms. Fleishman’s practice included a
broad range of complex commercial and securities
litigation, as well as representation of clients in SEC,
NASD and criminal investigations. Ms. Fleishman’s
clients have included investment banks, top-tier banks,
lending institutions and a variety of major manufacturing
companies.
At Milberg Weiss, Ms. Fleishman’s practice includes
securities litigation and complex commercial litigation.
Ms. Fleishman is admitted to the bar in New York
and Massachusetts. Ms. Fleishman is also admitted to
practice before the Sixth and Eleventh Circuit Courts of
Appeals and the United States District Courts in the
Southern, Eastern and Western Districts of New York.
B
ETH
A. K
ASWAN
received her B.B.A. degree
from the University of Miami in 1973 and her J.D.
degree from Boston College Law School in 1976. Ms.
Kaswan has practiced with Milberg Weiss since 1998
where she has represented plaintiffs in cases involving
securities and consumer fraud. Ms. Kaswan served in a
leadership role in the Oxford Health Plan Securities
Litigation, which eventually settled for $300 million,
including $75 million against Oxford’s accountant,
KPMG. She is litigating several other financial fraud
matters, including a case against a Bermuda-based
reinsurance company and KPMG alleging improper
accounting for policyholder liabilities and improper
amortization of deferred acquisition costs. Immediately
before joining Milberg Weiss, Ms. Kaswan served in the
Giuliani administration as New York City’s chief
procurement officer, a deputy commissioner in the
Department of Investigations and the Finance
Department’s chief counsel.
Ms. Kaswan began her career at Peat, Marwick,
Mitchell & Co. and later served as a trial attorney with
the U.S. Department of Justice, Tax Division. In 1985,
she joined the U.S. Attorney’s Office for the Southern
District of New York, and was promoted to Chief of
Commercial Litigation and then Deputy Chief of the
Civil Division. While employed by the government, Ms.
Kaswan litigated several high-profile cases to judgment,
including the landmark case of United States v.
Gleneagles Investment. Co., where following a multi-
stage, thirteen-month trial, the fraudulent conveyance
laws were first applied to set aside a leveraged buy-out.
She also represented the Federal Reserve for its
enforcement actions against the rogue bank, BCCI,
leading to the global RICO plea agreement and forfeiture
of BCCI’s $550 million of United States assets; the IRS
for its $5 billion claim against Drexel, the Defense
Department and MARAD for qui tam and other false
claims actions against Goodyear Aerospace, Loral and
General Dynamics and the FDA to enjoin the
manufacture of adulterated generic drugs. See, e.g.,
United States v. Gleneagles Investment Co., 565 F. Supp.
556 (“Gleneagles I”), 571 F. Supp. 935 (“Gleneagles
II”), 584 F. Supp. 671 (“Gleneagles III”) (M.D. Pa.
1981), aff’d in part and rev’d in part sub. nom., United
States v. Tabor Court Realty Corp., 803 F.2d 1288 (3d
Cir. 1986); In re Smouha (“BCCI”), 136 B.R. 921
(S.D.N.Y. 1992); United States v. Davis, 803 F.Supp.
830 (S.D.N.Y. 1992), aff’d in part and rev’d in part sub.
nom., United States v. General Dynamics Corp., 19 F.3d
770 (2d Cir. 1994); United States v. Barr Laboratories,
Inc., 812 F.Supp. 458 (D.N.J. 1993).
Ms. Kaswan has received several awards from the
Justice Department and the agencies she represented,
including the Justice Department’s John Marshall award,
Special Commendation from the Attorney General, a
Superior Performance award from the Executive Office
of U.S. Attorneys, Tax Division
Outstanding
Achievement awards, and awards from the FDA
Commissioner and U.S. Customs Service. She has
testified before the New York legislature as a
government expert on money-laundering and lectured in
Justice Department training programs on evidence and
other subjects.
Ms. Kaswan is admitted to practice in the courts of
the States of New York and Massachusetts, as well as the
United States District Courts for the Southern District of
New York and the United States Court of Appeals for
the Second Circuit.
B
ENJAMIN
Y. K
AUFMAN
earned his B.A.
degree from Yeshiva University in 1985 and his J.D.
Firm Résumé 23


                                                             Page 43
degree from Benjamin N. Cardozo School of Law,
Yeshiva University in 1988, where he was a Belkin
Fellow, Belkin Scholar, and a member of the Cardozo
Arts and Entertainment Law Journal. Mr. Kaufman also
received a M.B.A. degree in finance from the Stern
School of Business of New York University in 1999.
Prior to joining Milberg Weiss in August of 1998, Mr.
Kaufman was a court attorney for the New York State
Supreme Court, New York County (1988-1990) and
principal law clerk to Justice Herman Cahn of the
Commercial Division of the New York State Supreme
Court, New York County (1990-1998).
Mr. Kaufman focuses on class action litigating on
behalf of defrauded investors and consumers as well as
complex commercial litigation. Mr. Kaufman is a
member of the bars of New York, New Jersey, the
United States District Courts for the Districts of New
York and New Jersey and the United States Court of
Appeals for the Fourth Circuit.
C
LIFFORD
S. G
OODSTEIN
earned his A.B.
degree from Harvard University in 1988 and his J.D.
degree from New York University School of Law in
1993. After graduation, he served as a law clerk to the
Honorable Alex T. Howard, Jr., Chief Judge of the
United States District Court for the Southern District of
Alabama, and then as an associate at Reboul,
MacMurray, Hewitt, Maynard & Kristol and Baker &
Botts prior to joining Milberg Weiss in January of 1998.
Mr. Goodstein works on a variety of actions on
behalf of classes as well as individuals in consumer
fraud, securities, antitrust, health care, and other areas.
Mr. Goodstein is a member of the bars of New York and
New Jersey.
S
ETH
D. R
IGRODSKY
received his B.A.
degree magna cum laude, with honors in history, from
Brandeis University in 1985. In 1990, he received his
J.D. degree, magna cum laude, from Georgetown
University Law Center, were he was awarded Order of
the Coif and served as a senior articles editor for the
Georgetown University Law Journal. After graduation
from law school, Mr. Rigrodsky was a law clerk to the
Honorable Andrew G.T. Moore, II, of the Delaware
Supreme Court.
Following his clerkship, Mr. Rigrodsky was
associated with the law firms Wachtell, Lipton, Rosen &
Katz in New York City, and Morris, Nichols, Arsht &
Tunnell in
Wilmington, Delaware, where
he
concentrated his practice on corporate and complex
business litigation. In 1994, Mr. Rigrodsky joined
Morris and Morris in Wilmington, Delaware, where he
became a partner beginning in January 2000, and
represented investors in numerous federal and state class
and shareholder derivative lawsuits.
Mr. Rigrodsky is a member of the bars of the States
of Delaware and New York, the United States District
Courts for Delaware and the Southern District of New
York, and the Courts of Appeals for the Second, Third
and Fourth Circuits.
P
ETER
S
AFIRSTEIN
graduated from The
George Washington University in 1978 with a B.A.
degree. He received an M.A. degree in government
(concentration in
international relations) from
Georgetown University in 1980. In 1985, he earned his
J.D. degree from Brooklyn Law School where he was a
member of the Brooklyn Law Review and the Moot Court
Honors Society. Prior to joining Milberg Weiss, Mr.
Safirstein was in private practice. In addition, Mr.
Safirstein served as a staff attorney in the Enforcement
Division for the U.S. Securities and Exchange
Commission from 1985-1990.
In 1988-89, Mr.
Safirstein was designated as a special assistant United
States attorney in the Southern District of New York
where he was part of the trial team which prosecuted
United States v. Regan, (the “Princeton/Newport” case)
and United States v. Lisa Jones. Mr. Safirstein later
served as an assistant United States attorney in the
Southern District of Florida.
Mr. Safirstein is a member of the American Bar
Association and the Association of the bar of the City of
New York. Mr. Safirstein is a member of the Bars of the
State of New York and the State of New Jersey and is
also admitted to practice before the Supreme Court of the
United States, the United States Courts of Appeals for
the Second and Third Circuits, the District Court of the
Southern and Eastern Districts of New York and the
District Court of New Jersey.
M
AYA
S. S
AXENA
graduated from Syracuse
University summa cum laude in 1993 with a dual B.A.
degree in policy studies and economics, and graduated
with a J.D. degree from Pepperdine University School of
Law in 1996.
Prior to joining Milberg Weiss Bershad & Schulman
in 1998, Ms. Saxena was employed as an assistant
attorney general. As an assistant attorney general, Ms.
Saxena represented the State of Florida and its agencies
and officers in civil cases at the appellate and trial level,
and prepared amicus curiae briefs in support of state
policy goals attendant to issues presented in state and
federal court cases. Ms. Saxena also represented the
Florida Highway Patrol and other law enforcement
agencies in civil forfeiture trials.
Ms. Saxena currently specializes in securities fraud
litigation, and was involved in several significant cases
which have resulted in significant recoveries for
defrauded investors, including, among others, cases such
as In re Sunbeam Securities Litigation; In re Sensormatic
Firm Résumé 24


                                                                Page 44
Inc. Securities Litigation; In re Hamilton Bancorp Inc.
Securities Litigation, and In re Aviation Sales Inc.
Securities Litigation. Ms. Saxena is presently serving as
lead or co-lead counsel in numerous federal class action
securities cases in the Southeast.
Ms. Saxena is a member of the Palm Beach County
Bar Association, and the American Bar Association. Ms.
Saxena was recently recognized in the South Florida
Business Journal’s “Best of the Bar” as one of the best
lawyers in South Florida. Ms. Saxena is a member of
the Florida State Bar, and is admitted to practice before
the U.S. District Courts for the Southern, Northern and
Middle Districts of Florida, as well as the Eleventh and
Fifth Circuit Courts of Appeals.
J
OSEPH
P. G
UGLIELMO
graduated cum laude
from The Catholic University of America in 1992 with a
B.A. degree in political science. In 1995, Mr. Guglielmo
graduated from the Columbus School of Law at The
Catholic University of America where he received a
certificate of public policy in addition to his J.D. degree.
Mr. Guglielmo is the co-author of “Class Actions In
The Healthcare Context” which was published for the
following healthcare conferences: “Class Action Health
Care Litigation,” ALI-ABA Health Care Law and
Litigation Conference, 1999; “Class Actions: HMOs and
Health Care Providers Under Attack,” ALI-ABA Life
and Health Insurance Litigation Conference, 2000;
“Providers (Suits by Doctors and Hospital Class
Actions),” ALI-ABA Health Care Law and Litigation
Conference, 2000; “The Application of ERISA and
RICO Theories in the Age of Managed Care,” The
Judges And Lawyers Breast Cancer Alert, 2000; and
“Health Care Litigation: What You Need to Know After
Pegram,” Practicing Law Institute, 2000. Mr. Guglielmo
is also the co-author of “An Overview Of Class Action
Litigation In the Managed Care Context” which was
published for the following healthcare conferences:
“Provider Suits by Doctors and Hospitals v. HMOs,”
ALI-ABA Health Care Law and Litigation Conference,
2001, and American Society of Medical Associations
Counsel, Fall 2002.
Mr. Guglielmo is a member of the New York State,
District of Columbia and American Bar Associations and
the Association of the Bar of the City of New York. Mr.
Guglielmo was admitted to the New York State Bar in
1996, the District of Columbia Bar in 1997 and the
United States Supreme Court in 2003. He is also
admitted to practice before the United States District
Courts for the Southern and Eastern Districts of New
York and the District of Colorado.
C
HARLES
S. H
ELLMAN
graduated with a
B.A. degree from Bard College in 1985. In 1996, he
graduated with a J.D. degree summa cum laude from
New York Law School, where he was a member of the
New York Law School Law Review. Mr. Hellman is the
author of “Safe In Their Houses? Fourth Amendment
Rights At Public Housing Projects,” 40 N.Y.L. Sch. L.
Rev. 189 (1995). Mr. Hellman’s practice focuses on
class actions on behalf of defrauded investors and class
actions involving healthcare-related issues. Mr. Hellman
is a member of the bars of the State of New York and the
United States District Court for the Southern District of
New York.
B
RIAN
C. K
ERR
graduated summa cum laude
from the University at Albany in 1993, where he was
valedictorian, a member of Phi Beta Kappa, co-founder
of the Presidential Honors Society, and the recipient of
the Karp Prize in Economics. In 1996, he received his
J.D. degree from Hofstra University, where he was a
member of the Hofstra Law Review and a Dean’s
Scholar. He was admitted to the bar of the State of
Connecticut in 1996 and the State of New York in 1997.
Mr. Kerr joined the Firm in 1998. His practice
focuses on securities litigation, consumer fraud,
deceptive insurance sales practices, commercial
litigation and mass torts. Mr. Kerr has been actively
involved in prosecuting complex lawsuits against the
following companies and/or their officers and directors:
Tyco International, Ltd., Vivendi Universal, S.A., The
News Corporation Ltd., Twentieth Century Fox Film
Ltd., Paramount Pictures Corp., Sony Pictures
Entertainment, Inc., Universal City Studios, Inc., Kmart
Corp., Rite Aid Corp., Bear, Stearns & Co. Inc.,
PricewaterhouseCoopers, KPMG, Nationwide Life
Insurance Co., The Equitable Life Assurance Society of
the United States, General Instrument Corp., Sulzer
Orthopedics, Inc., and United States Gypsum.
Mr. Kerr is also actively involved in the Firm’s pro
bono efforts, representing indigent prisoners in civil
rights cases before the Second Circuit Court of Appeals,
and working with Trial Lawyers Care to provide free
legal assistance to the families of victims of the
September 11th attacks.
Mr. Kerr is a member of the Association of the Bar
of the City of New York, the New York State Bar
Association, and the Association of Trial Lawyers of
America. Mr. Kerr is admitted to practice before the
United States District Courts for the Southern and
Eastern Districts of New York, as well as the United
States Court of Appeals for the Third Circuit.
K
IM
M
ILLER
graduated with a B.A. degree with
honors from Stanford University in 1992 with a double
major in English and psychology. She earned her J.D.
degree from Cornell Law School, cum laude, in 1995.
While at Cornell, Ms. Levy acted as co-chair of the
Women’s Law Symposium, as bench brief editor of the
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                                                             Page 45
Cornell Moot Court Board, and as a member of the
Board of Editors of the Cornell Journal of Law & Public
Policy. She is admitted to practice in the States of
California and New York and before the United States
District Courts for the Southern and Eastern Districts of
New York and the Northern, Southern, and Central
Districts of California.
M
ICHAEL
R
EESE
graduated from New College
in 1992 with a B.A. in history and thereafter received his
J.D. degree from the University of Virginia School of
Law in 1996. Upon graduation from law school, Mr.
Reese served as a trial attorney at the Manhattan District
Attorney’s Office where he prosecuted violent felony
and white collar crime.
Mr. Reese joined Milberg Weiss in 2000 and has
practiced in both its California and New York offices.
Mr. Reese’s work focuses on antitrust, securities and
consumer fraud class action cases. Mr. Reese is a
member of the state bars of New York and California
and is admitted to practice before the U.S. District
Courts for the Northern and Eastern Districts of
California, the Southern and Eastern Districts of New
York, the U.S. District Court of Colorado as well as the
Ninth Circuit Court of Appeals.
P
ETER
E. S
EIDMAN
earned his B.A cum laude
from Hobart College in 1979, following which he served
as a Peace Corps volunteer living and working among
the Guarani, an indigenous tribe in Paraguay. He earned
an M.A. degree in journalism in 1982 from the
University of Michigan and subsequently worked as a
journalist for a variety of publications. In 1994, he was
awarded a J.D. degree cum laude from the University of
Michigan Law School.
Mr. Seidman joined Milberg Weiss in 2000 as an
associate. He actively engages in the investigation and
prosecution of securities litigation on behalf of defrauded
investors. Before joining Milberg Weiss, he was an
associate with the New York law firm of Orans, Elsen &
Lupert LLP for five years, where he was active in both
civil and white collar criminal litigation in federal and
state courts.
Mr. Seidman is admitted to practice in the courts of
the State of New York, as well as the United States
District Courts for the Northern, Southern, and Eastern
Districts of New York.
A
NITA
B
RASS
K
ARTALOPOULOS
graduated with a B.A. degree from the University of
Toledo, with honors in 1974, majoring in classics, and
graduated from Seton Hall Law School in 1982, with
emphasis on health care law. Ms. Kartalopoulos works
primarily in the areas of insurance, consumer fraud,
securities and managed care. Before joining Milberg
Weiss in 1998, she was in government service in the
State of New Jersey, holding several positions including
deputy commissioner of insurance for life and health,
director of legal regulatory affairs for the Department of
Health and Senior Services and executive director of the
New Jersey Real Estate Commission.
As deputy commissioner of insurance she managed
the New Jersey Insurance Department’s Multi-State Task
Force investigating the sales practices of the Prudential
Insurance Company. She also served on the Board of
Directors of MBL Insurance Company as a rehabilitator
and managed litigation pursuant to the company’s
rehabilitation.
Thereafter as director of legal and regulatory affairs
for the Department of Health and Senior Services, Ms.
Kartalopoulos
was
responsible
for
litigation
management, the development of all regulations
implementing the New Jersey Healthcare statutes, the
development and implementation of a streamlined
Certificate of Need (CN) law, and the development of
stringent prompt payment regulations to ensure that
HMO’s meet contractual obligations to physicians and
ensure the stability of the health care network for the
benefit of consumers.
As executive director of The New Jersey State Real
Estate Commission, Ms. Kartalopoulos was responsible
for implementing consumer disclosure/protection
regulations which had been long opposed by the New
Jersey real estate industry. She was also responsible for
all disciplinary investigations and hearings against
realtors, the inspection and registration of out of state
land sales marketed in the State of New Jersey,
continuing licensing of 84,000 realtors and brokers and
the on-going development of real estate regulations. Ms.
Kartalopoulos also worked with New Jersey Attorney
General Deborah Poritz in the development of Megan’s
Law.
Prior to government service, Ms. Kartalopoulos
specialized in local government law and land use
representing a number of municipal governments,
planning boards and boards of adjustment. She was
responsible for litigation before both the State and
Federal Courts, and negotiated significant settlements
with the New Jersey Council on Affordable Housing
(COAH) for the benefit of low income residents of the
State.
Ms. Kartalopoulos was admitted to the bar of New
Jersey and the U.S. District Court, District of New
Jersey, the same year. She is also admitted to the U.S.
Courts of Appeals for the Federal Circuit and the 3rd
Circuit.
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                                                            Page 46
M
ITCHELL
M. B
REIT
graduated with a B.A.
degree from the University of North Carolina at Chapel
Hill in 1972 and received his J.D. degree from
Southwestern University School of Law in Los Angeles
in 1979.
Mr. Breit serves as co-liaison counsel in cases
involving the pharmaceutical
product Serzone
consolidated in New York Supreme Court. He maintains
an active mass tort practice that includes Fen-Phen,
Zyprexa, and Vioxx pharmaceutical litigation and
consumer class actions involving the banking and
boating industries. He was class co-counsel and court-
appointed depository
custodian in
groundwater
contamination litigation in the Southern District of New
York involving the gasoline additive MTBE. He
formerly represented the County of Suffolk, New York
and the Suffolk County Water Authority in their claims
against the petroleum industry for MTBE contamination.
Mr. Breit was also co-counsel in union health and
welfare fund tobacco litigation, which included multiple
class actions in numerous jurisdictions.
Mr. Breit has been a frequent panelist at Mealey’s
litigation conferences involving toxic and mass torts and
groundwater contamination.
Mr. Breit is a member of the Association of the Bar
of the City of New York, where he served on the Art
Law Committee, the Committee on State Courts of
Superior Jurisdiction, the Committee on Federal
Legislation, and currently the Committee on the
Judiciary; the Association of Trial Lawyers of America;
and the New York State Trial Lawyers Association. Mr.
Breit is admitted in New York, New Jersey and Virginia
and the U.S. District Courts for the Southern and Eastern
Districts of New York, the District of New Jersey, the
Eastern District of Virginia and the U.S. Court of
Appeals for the Second Circuit.
W
AI
Y. C
HAN
graduated from Duke University
in 1987 with a B.A. in economics and history. He
received his J.D. from Brooklyn Law School in 1994.
Mr. Chan is admitted to practice in the courts of the State
of New York and the State of New Jersey.
O
F
C
OUNSEL
P
ATRICIA
M. H
YNES
is a trial lawyer and
retains her “Of Counsel” status to the Firm once known
as Milberg Weiss Bershad Hynes & Lerach LLP. Ms.
Hynes is continuing her long and distinguished
association with the newly named Milberg Weiss
Bershad & Schulman LLP, where she specializes in
complex securities and commercial litigation. She
received her J.D. degree from Fordham Law School
where she was a member of the Fordham Law Review.
Ms. Hynes served as law clerk to Joseph C. Zavatt, Chief
Judge of the United States District Court for the Eastern
District of New York, and was an Assistant United
States Attorney in the Southern District of New York
from 1967 to 1982 where she held several executive
positions, including Executive Assistant U.S. Attorney.
A Fellow of the American College of Trial Lawyers,
Ms. Hynes has taught Trial Advocacy at Harvard Law
School, Fordham Law School and the National Institute
of Trial Advocacy. Ms. Hynes is a member of the
American Law Institute and served on the Advisory
Committee to the Federal Judicial Code Revision Project
from 1996 to 2001. Ms. Hynes has been a lecturer for
the Practising Law Institute since 1980 and was Chair of
its Civil RICO Program from 1984 to 1991.
Ms. Hynes has been included in the list of Best
Lawyers in America since 1993 and more recently has
been included in Who’s Who in American Law and the
Euromoney Guide to the World’s Leading Litigation
Lawyers. Ms. Hynes has also been included in The
National Law Journal’s “Profile of America’s Top 50
Women Litigators” (December 17, 2001) and its “Survey
of the Fifty Most Influential Women Lawyers in
America” (March 30, 1998).
Ms. Hynes served as Chair of the American Bar
Association’s Standing Committee on the Federal
Judiciary from July 2000 to August 2001, having
previously served as the Second Circuit Representative
on that Committee from 1995 to June 2000. Ms. Hynes
served as a member of the ABA’s Commission on the
21st Century Judiciary (2002-2003). Ms. Hynes has also
served as a member of the ABA’s Litigation Section
Council (1989-1992) and was Chair of the Litigation
Section’s Securities Litigation Committee (1987-1989),
Firm Résumé 27


                                                               Page 47
Co-Chair of its Pre-Trial Practice and Discovery
Committee (1992-1994) and has served as a member of
the Litigation Section’s Task Force on Civil Trial
Practice Standards. Ms. Hynes also is a Fellow of the
American Bar Foundation.
An active member of the Association of the Bar of
the City of New York, Ms. Hynes served as Chair of its
Federal Courts Committee from 1992 to 1995 and was a
member of its Executive Committee from 1984 to 1988.
From 1982 to 1984, Ms. Hynes served as Secretary of
that organization. Ms. Hynes also served as a Vice
President of the Federal Bar Council from 1996 to 2002
and previously served on its Board of Trustees from
1983 to 1991.
Presently, Ms. Hynes chairs the Merit Selection
Panel for Magistrate Judges for the Southern District of
New York and since December, 2003, has been Chair of
the Board of Directors of The Legal Aid Society. Ms.
Hynes also served as a member of the Planning and
Program Committee for the Judicial Conference of the
Second Circuit from 1998 to 2001. Ms. Hynes presently
serves on the Second Circuit Court of Appeals Rules
Committee. From 1994 through 2001, Ms. Hynes served
as a member of the Mayor’s (Giuliani) Advisory
Committee on the Judiciary.
In July of 2002, Ms. Hynes was appointed a member
of the New York City Charter Revision Commission by
Mayor Michael R. Bloomberg. In March, 2002, Ms.
Hynes was appointed a member of the Administrative
Board for the Offices of the Public Administrator by
Chief Administrative Judge Jonathan L. Lippman. In
February, 2000, Ms. Hynes was appointed a member of
the New York State Commission on Fiduciary
Appointments by Chief Judge Judith S. Kaye of the New
York Court of Appeals. From 1987 to 1990, Ms. Hynes
served as a member of the New York State Commission
on Government Integrity having been appointed by
Governor Mario Cuomo and from 1981 to 1982 was a
member of the New York State Executive Advisory
Committee on the Administration of Justice having been
appointed by Governor Hugh L. Carey.
***
Ms. Hynes was lead trial counsel for the City of San
Jose in a six-month jury trial in the United States District
Court for the Northern District of California against
thirteen brokerage firms and an accounting firm
involving losses to the City as a result of speculative,
leveraged bond trading. The jury returned a verdict in
favor of the City of San Jose. Ms. Hynes also served as
one of the lead plaintiffs’ counsel in the settlement
reached in the Drexel Bankruptcy and the $1.3 billion
settlement reached with Michael Milken and others.
Ms. Hynes is and has been co-lead counsel in several
class actions including: In re Oxford Health Plans, Inc.
Securities Litigation, M.D.L. Docket No. 1222 (CLB)
(S.D.N.Y.); In re DonnKenny Inc. Securities Litigation,
96 Civ. 8452 (MGC) (S.D.N.Y.); Duncan, et al. v.
Pencer, et al., 94 Civ. 0321 (LAP) (S.D.N.Y.); In re
MTC Electronics Technologies Shareholder Litigation,
CV-93-0876 (JG) (E.D.N.Y.); In re Salomon Inc.
Shareholders’ Derivative Litigation, 91 Civ. 5500 (RPP)
(S.D.N.Y.); In re United Telecommunications, Inc.
Securities Litigation, Civ. No. 90-2252-0 (D. Kan.); In re
Lilco Securities Litigation, 84 Civ. 0588 (LDW)
(E.D.N.Y.); In re Diasonics Securities Litigation, C-83-
4584-RFP (FW) (N.D.Cal.); and In re Pepsico Securities
Litigation, No. 82 Civ. 8403 (ADS) (S.D.N.Y.).
Ms. Hynes is admitted to practice in the courts of the
State of New York, as well as the United States District
Courts for the Southern District of New York.
J
ARED
S
PECTHRIE
graduated from Harvard
College with honors in 1954 having majored in
economics. After four years as a deck officer in the
United States Coast Guard, he received a M.B.A. degree
in accounting from Rutgers University in 1959,
graduating first in his class. He is a Certified Public
Accountant in the State of New York and practiced
accounting for several years with a major auditing firm.
He was graduated from New York Law School in 1965,
summa cum laude, where he was first in his class and
valedictorian. He was admitted to the Bar in New York
State in 1965, and is admitted to practice before the U.S.
District Court in the Southern and Eastern Districts of
New York, and the United States Courts of Appeals for
the Second and Fifth Circuits. He has served on the
faculty of New York Law School and has lectured on
“Accountants’ Liability” for the Practising Law Institute.
He has been engaged in the full-time practice of law
since 1965 and has specialized in federal securities law
litigation for the past several years. Mr. Specthrie was
lead counsel in In re Viatron, MDL 138 (D. Mass.),
where aggregate settlements exceeding $15 million were
obtained after several months of trial and a jury verdict
on liability.
S
OL
S
CHREIBER
received a B.A. degree, cum
laude, in 1952 from the City College of New York, and
his LL.B. degree from Yale Law School in 1955.
From 1971 through 1978, Mr. Schreiber was a
United States Magistrate Judge in the United States
District Court for the Southern District of New York
where he conducted more than 1,500 criminal and 3,500
civil pretrial hearings and settled approximately 1,000
civil cases. In addition to trying numerous civil and
criminal cases, Mr. Schreiber supervised pretrial practice
in derivative, class and complex actions in the admiralty,
Firm Résumé 28


                                                                Page 48
antitrust, aviation, securities, directors’ and officers’ and
product liability fields, including Berkey v. Kodak, Litton
v. ATT, the Penn Central Commercial Paper Litigation,
the New York Times and Readers’ Digest gender
discrimination, the Argo Merchant-Nantucket stranding,
and the Tenerife 747 collision cases.
From November 1978 to January 1982, when he
joined Milberg Weiss, Mr. Schreiber served as the
President and Chief Executive Officer of a unit of the
Federation of Jewish Philanthropies of New York which
provided centralized legal, risk management and
insurance services for the Federation’s hospitals, homes
for the aged, and health, education and community
service agencies. He was Trial Counsel from 1955
through 1971 and Resident Counsel from 1966 through
1971 of the Brooklyn office of Liberty Mutual Insurance
Co.
Mr. Schreiber has been a participant in numerous
special project committees for the American Bar
Association and the Second Circuit. From 1960 to
present, Mr. Schreiber has been the Planning and
Program Chairman of more than 125 national programs
including ALI-ABA and PLI Continuing Professional
Education national courses of study on evidence, civil
practice and employment discrimination litigation in
federal and state courts. He has been a frequent lecturer
at professional programs and workshops on federal and
state court civil procedure, federal and state court trial
evidence and federal criminal practice and procedure.
Mr. Schreiber was a reporter for the ABA Advocacy
Task Force (1970-1971), which led to the formation of
the National Institute for Trial Advocacy.
From 1972 to 1987, he served as an adjunct professor
at Fordham Law School teaching courses in trial
advocacy, product liability, mass torts and insurance
disputes. He has been editor for more than 40 CLE
course handbooks and major publications on civil
practice and litigation, including ALI-ABA’s three-
volume Civil Practice Guide, Litigation in Federal and
State Courts (8th ed. 1998). Mr. Schreiber is a member
of the Board of Editors, Moore’s Federal Practice (2d
ed.).
Presently, Mr. Schreiber is Court-Appointed Special
Master in Marcos Human Rights Litigation. He was
Special Master in the Pan American Lockerbie cases, the
Agent Orange Litigation (March 1982-January 1984),
and a series of other complex federal civil cases.
Mr. Schreiber was Judicial Member, Anglo
American Exchange on Civil Procedure (March 1974),
and Hearing Officer, N.Y. State Master Energy Plan (fall
1979). He is the recipient of the Francis Rawle Award
for outstanding achievements in post-admission legal
education (ALI-ABA, July 1985) and the Presidential
Award, Legal Aid Society (November 1984). Mr.
Schreiber is also the founder and co-chair of the Ovarian
Cancer Research Fund, Inc.
Mr. Schreiber is a member of the American Bar
Association, the New York State Bar Association, the
Association of the Bar of the City of New York and the
American Law Institute. He is admitted to the bar of the
State of New York, to the United States District Courts
for the Southern and Eastern Districts of New York and
to the Second Circuit Court of Appeals.
R
ICHARD
M. M
EYER
is a graduate of Yale
University and a 1958 graduate of Yale Law School,
where he was a member of the Board of Editors of the
Yale Law Journal. Mr. Meyer served as a trial attorney
in the United States Department of Justice for two years
and as special counsel to the Securities and Exchange
Commission for four years. He was a partner with the
firm of Pomerantz Levy Haudek & Block from 1970 to
April 1980, when he joined Milberg Weiss.
Mr. Meyer is the author and co-author of several law
review articles, including “The Social Utility of Class
Actions,” 42 Bklyn. L. Rev. 189 (1975), and has spoken
at numerous forums under the auspices of groups such as
the American Bar Association, American Law Institute,
Practising Law Institute, the Association of the Bar of
the City of New York, the Center for the Study of
Financial Institutions of the University of Pennsylvania,
Columbia University and the Bureau of National Affairs.
Mr. Meyer is admitted to practice in the courts of the
State of New York, the Courts of Appeals for the First,
Second, Third, Fourth, Sixth, Seventh and Ninth
Circuits, and the U.S. Supreme Court.
P
AUL
D. Y
OUNG
received his B.A. magna cum
laude from Yale University in 1981. He was elected to
Phi Beta Kappa and granted with distinction in the
history major. As a Fulbright Scholar, he studied at the
Universitaet Bielefeld, Germany from 1981 to 1983. He
graduated from Columbia University School of Law in
1986, where he was named a Harlan Fiske Stone Scholar.
Selected published decisions: In re APAC
Teleservices, Inc. Securities Litigation, No. 97 Civ. 9145
(BSJ), 1999 U.S. Dist. LEXIS 17908 (S.D.N.Y. Nov. 19,
1999); In re Ashanti Goldfields Securities Litigation, 184
F. Supp. 2d 247 (E.D.N.Y. 2002); In re Ashanti
Goldfields Securities Litigation., No. 00 CV 717
(DGT)(RML), 2003 U.S. Dist. LEXIS 724, (E.D.N.Y.
Jan. 7, 2003); Berwecky v. Bear, Stearns & Co., 197
F.R.D. 65 (S.D.N.Y. 2000); Dorchester Investors v. Peak
International Limited, 134 F. Supp. 2d 569 (S.D.N.Y.
2001); Dorchester Investors v. Peak TrENDS Trust, No.
99 Civ. 4696 (LMM), 2002 U.S. Dist. LEXIS 3067
(S.D.N.Y. Feb. 26, 2002); Dorchester Investors v. Peak
Firm Résumé 29


                                                             Page 49
TrENDS Trust, No. 99 Civ. 4696 (LMM) (FM), 2003
U.S. Dist. LEXIS 1446 (S.D.N.Y. Feb. 3, 2003); In re
General Instrument Corp. Securities Litigation, No. 96 C
1129, 2000 U.S. Dist. LEXIS 17078 (N.D. Ill. Nov. 22,
2000); Hunt v. Alliance North American Government
Income Trust, Inc., 159 F.3d 723 (2d Cir. 1998); Lipinski
v. Skinner, 781 F. Supp. 131 (N.D.N.Y. 1991); In re
MTC Electronic Technologies Shareholder Litigation,
898 F. Supp. 974 (E.D.N.Y. 1995); In re MTC Electronic
Technologies Shareholder Litigation, 993 F. Supp. 160
(E.D.N.Y. 1997); Olczyk v. Cerion Technologies, Inc.,
721 N.E.2d 732; (Ill. App. Ct. 1999); Siemer v.
Associates Financial Services., No. CV-97-281-TUC-JC
(JMR), 1999 U.S. Dist. LEXIS 22784, (D. Ariz. July 23,
1999); Siemer v. Associates First Capital Corp., No. CV
97-281 TUC JMR (JCC), 2001 U.S. Dist. LEXIS 12810
(D. Ariz. Mar. 30, 2001); Siemer v. Associates First
Capital Corp., No. CV 97-281-TUC-JC (JMR), 2000
U.S. Dist. LEXIS 21244, (D. Ariz. Dec. 14, 2000). He
was a guest lecturer on predatory lending at the annual
meetings of the NAACP in July 2001 and July 2002.
Mr. Young is a member of the New York City Bar
Association. Mr. Young is admitted to practice before
the United States District Court for the Southern,
Northern and Eastern Districts of New York and the
United States Courts of Appeals for the First, Second,
Fourth, Fifth and Seventh Circuits and the United States
District Court for the District of Arizona.
H
ONORABLE
G
ERI
D. P
ALAST
, Of Counsel
to Milberg Weiss Bershad & Schulman, is a Root-Tilden
Public Service Law Scholar from New York University
School of Law, and an honors graduate of Stanford
University. Ms. Palast directs the Firm’s program
reaching out to institutional investors in areas of
litigation, policy and public affairs. Formerly, she was
the founder and executive director of the Justice at Stake
Campaign, a national organization working to ensure fair
and impartial courts.
From 1993-2000, she was
confirmed by the U.S. Senate to serve as Assistant
Secretary
of
Labor
for
Congressional
and
Intergovernmental Affairs during President Clinton’s
two terms under Labor Secretaries Robert Reich and
Alexis Herman. She also served on the President’s
Interagency Council on Women, where she chaired the
Committee on Women in the Global Economy. The
Committee monitored U.S. compliance with the Beijing
Platform for Women. She was a member of the U.S.
delegation to Women 2000 at the United Nations. Her
focus was the impact of globalization on women.
Prior to joining the Clinton Administration, Ms.
Palast was the Political and Legislative Director of
Service Employees International Union, 1981-1993. In
1979, she established and ran the Washington office of
the National Employment Law Project, a program of the
Legal Services Corporation. Earlier in her career, she
worked for the National Treasury Employees Union and
AFSCME (American Federation of State County and
Municipal Employees).
Throughout her career, Ms. Palast has organized and
directed numerous broad-based national and grassroots
legislative and issue campaigns. She founded and co-
chaired the bipartisan coalition that was responsible for
enacting the landmark Family and Medical Leave Act.
As Assistant Secretary, she was a leader in the successful
policy and legislative efforts to enact the minimum wage
increase, the Workforce Investment Act—the overhaul
of the nation’s employment and training system, Welfare
to Work, School to Work, and the historic congressional
ratification of the International Labor Organization
(ILO) international convention against abusive child
labor.
She worked on numerous pension reform
legislative and regulatory matters. She has also been a
strategic adviser to many electoral campaigns.
Ms. Palast has served on numerous boards and
advisory committees. She has also lectured at colleges
and universities. Ms. Palast is admitted to practice in the
District of Columbia, and she is an inactive member of
the California State Bar.
D
EBORAH
M. S
TURMAN
received a Prix d’
Excellence from the Royal Brussels Conservatory and a
J.D. degree from the University of California at Los
Angeles School of Law.
Ms. Sturman conceived of, and, together with senior
partner Melvyn Weiss, filed the first suits in United
States courts on behalf of Holocaust-era slave labor
victims, leading to recoveries of approximately $7
billion. She has been profiled in both The Wall Street
Journal and Financial Times for her innovative
lawyering and regularly appears as a legal commentator
in the German, Dutch, French, Swiss and Belgian media
as well as on numerous international and national
Continuing Legal Education panels for complex and
international litigation.
Since the early 1990’s, Ms. Sturman has represented
Holocaust survivors and their heirs seeking restitution of
real property in the former East Germany “Aryanized”
during World War II, and assisted European investors in
connection with their United States investments. She is
fluent in German and Dutch/Flemish and conversant in
French and Italian.
Ms. Sturman is admitted to the bar of California, and
the Supreme Court of the State of California. She is also
admitted to the Federal Circuit Court of Appeals, the
U.S. Court of Appeals, Second Circuit, the U.S. District
Court for the District of Columbia, and the U.S. District
Firm Résumé 30


                                                             Page 50
Courts for the Southern and Eastern Districts of New
York.
D
AVID
K. B
ERGMAN
graduated with a B.A.
degree in American studies from Brandeis University in
1986. He earned a J.D. degree from Brooklyn Law
School in 1989. Mr. Bergman practices primarily in the
field of class action securities fraud and spends a large
percentage of his time representing Milberg Weiss as a
liaison with public funds and other institutional
investors. Mr. Bergman is regularly sought out as a
speaker on a wide variety of topics relating to, among
other things, securities fraud, myriad facets of corporate
governance, and the fiduciary duties of a pension fund
trustee. Mr. Bergman has served as lead and co-lead
counsel in numerous securities fraud class actions, and
has extensive experience representing investors and
other claimants in the arbitration process.
Prior to joining Milberg Weiss, Mr. Bergman also
concentrated in the field of professional responsibility
and ethics, serving as chief complex claims counsel for
the New York State Bar in high exposure cases against
lawyers and law firms all across New York State, where
he also lectured on issues relating to professional
responsibility and legal ethics, and served in various
capacities on a number of professional responsibility
committees and panels. Immediately prior to joining
Milberg Weiss, Mr. Bergman was a principal in
Frydman & Bergman, where he represented investors in
arbitrations, securities fraud class actions and
shareholder derivative actions. Mr. Bergman also served
as an appellate advocate for numerous law firms, in both
New York State and the United States Court of Appeals.
He is admitted to practice in all Federal, State and
Appellate Courts in New York.
R
EUBEN
A. G
UTTMAN
graduated from the
University of Rochester in 1981 where he received a
B.A. degree in history. He graduated from Emory
University Law School in 1985 where he received a J.D.
degree.
Mr. Guttman’s practice involves complex litigation
and class actions. He has represented clients in claims
brought under the Federal False Claims Act, the Price
Anderson Act, Department of Energy (DOE) statutes and
regulations, securities laws, the WARN Act, RICO, and
various employment discrimination,
labor and
environmental statutes. He has also litigated claims
involving fraud, breach of fiduciary duty, antitrust,
business interference and other common law torts.
Mr. Guttman has been counsel in cases generating
some of the largest recoveries under the Federal False
Cases Act including U.S. ex rel Johnson where over
$300 million was recovered from the oil industry. He
also served as lead counsel in a series of cases which
resulted in the recovery of more than $30 million under
the Federal Fair Labor Standards Act. Litigation brought
by Mr. Guttman on behalf of nuclear weapons workers at
“Manhattan Project” nuclear weapons sites resulted n
congressional oversight and changes in procurement and
sales practices.
Mr. Guttman’s publications include: “The False
Claims Act: Holding Employers Accountable For
Workplace Rights” (co-author, Employee Rights
Quarterly, Aspen, Fall 2000); “The Dormant Commerce
Clause and Interstate Transportation of Waste,”
University of Pennsylvania, Journal of Resource
Management and Technology, June 1993; “Impact of
OSHA Bloodbourne Disease Rule,” Medical Waste, Vol.
1, No. 1, Oct. 1992; “Supreme Court Holdings Benefit
Landfill and Incinerator Operators,” Medical Waste, Vol.
1, No. 3, Dec. 1992; “Supreme Court Upholds
Preemptive Powers of OSHA Act,” Medical Waste, Vol.
1, No. 4, Jan. 1993; “EPA Dialogue May Result in Rules
for Commercial Buildings,” 2 Nat’l Journal of Asbestos
in Buildings Litigation, 13, 1989; “The Asbestos Model:
Labor and Citizens Groups and a Multi-Pronged
Approach to Regulatory Change,” paper first presented
at the Annual Meeting of the American Political Science
Association, Chicago, Ill., Sept. 1, 1987; published as a
chapter in Conflict Resolution and Public Policy, edited
by Miriam K. Mills, Greenwood-Quorum Press, October
1990; “At Issue: Should Congress Pass Legislation That
Would Extend The Asbestos Hazard Energy Response
Act To All Public and Commercial Buildings,”
Congressional Quarterly’s Editorial Research Reports,
Vol. 1, No. 9, 1990; “Representation Campaigns and the
Future of Labor: a Legal and Theoretical Perspective,”
paper presented at the Annual Meeting of the Midwest
Political Science Association, Chicago, Ill., April 4,
1988. Consulting Editor: The Regulatory Analyst:
Medical Waste, a monthly publication, Warren Gorham
Lamont, New York, N.Y., 1992-1994. Chapter Author
and Advisory
Board Member, “Environmental
Management in Healthcare Facilities,” W.B. Saunders
Company, April 1998.
Mr. Guttman has appeared on ABC National News
and CNN, and has been quoted in major publications,
including the Wall Street Journal and various national
wire services.
In addition to his writings, Mr. Guttman has testified
on environmental issues before committees of the United
States House of Representatives and the United States
Senate, and in 1992 advised President-elect Clinton’s
transition team on labor policy. He has been an invited
speaker on privatization and procurement issues at
conferences sponsored by the United States Department
of Energy (Oakland, California, 1997; Denver, Colorado,
1995). He was also invited to speak on employment
Firm Résumé 31


                                                           Page 51
discrimination by the Houston Regional Office of the
United States Equal
Employment Opportunity
Commission (EEOC) at its Fall 1998 Technical
Conference in Beaumont, Texas. He has guest lectured
at Swarthmore College, University of Pennsylvania,
Johns Hopkins University, and The George Washington
University.
Mr. Guttman is a founding member of the
Association of Trial Lawyers of America (ATLA) Qui
Tam Litigation Group and was a featured speaker on the
False Claims Act at the ATLA 2001 Annual Convention
in Montreal, Canada. Mr. Guttman is admitted to
practice law in Georgia (admitted in 1985), the District
of Columbia (admitted in 1988), Pennsylvania (admitted
in 1991) and New Jersey (admitted in 1991).
R
UBY
M
ENON
graduated from
Indiana
University with a B.A. degree in journalism/English.
She also received her J.D. degree from Indiana
University.
Ms. Menon
focuses primarily on providing services
to public pension funds, employee benefit plans,
foundations and endowments. She formerly served as
the first general counsel of the Denver Employees’
Retirement Plan. Prior to that, she was the general
counsel for the Indiana Public Employees’ Retirement
Fund. At Indiana, one of her successful projects was
to help develop the legal strategy and advocacy for the
State’s Referendum lifting the long-standing
prohibition on the pension funds’ investment in equity
instruments.
As general counsel for two large multi-employer
retirement plans for over 10 years, Ms. Menon
developed expertise in many areas of employee
benefits administration including legislative and
regulatory affairs, investments, tax, fiduciary
compliance and plan administration. She provided
day-to-day legal advice to the Board and staff, and
was responsible for drafting all legislative initiatives
involving benefit and investment structure enabling
the retirement plans to provide secure long-term
benefits for State, public safety, and municipal
employees.
Ms. Menon also served as a deputy prosecuting
attorney for the Marion County Prosecutor’s Office in
Indianapolis, IN. In addition she was an adjunct
professor for the Indiana Wesleyan University in
Indianapolis, IN where she taught Business Law,
Ethics and Business Communications.
She is currently an instructor for the International
Foundation of Employee Benefit Plan’s certificate
training
program
(CAPPP™
)
f
or
trustees,
administrators and other key decision makers of
employee benefit plans. She frequently participates as
a speaker for various organizations serving U.S. and
international public pension plans.
Ms. Menon is admitted to practice in the courts of the
States of Indiana and Colorado, as well as the United
States District Courts for the Northern and Southern
Districts of Indiana, the Colorado District Court, the
United States Courts of Appeals for the Seventh and
Eleventh Circuits, and the U.S. Supreme Court.
S
PECIAL
C
OUNSEL
J
AMES
M. S
HAUGHNESSY
graduated cum
laude from Adelphi University in 1967 with a B.A.
degree in political science and cum laude from New
York University School of Law in 1969. While at
N.Y.U., Mr. Shaughnessy was elected to the Order of the
Coif, was the administrative director of the moot court
program, and, upon graduation, received the Benjamin F.
Butler Award for scholarship and outstanding service to
the law school.
Mr. Shaughnessy joined the firm of Casey, Lane &
Mittendorf in New York City as a litigation associate in
1969 and became a litigation partner at that firm in 1976.
In 1982, Mr. Shaughnessy joined the firm of Haythe &
Curley as a litigation partner, and he was the managing
partner of the firm for two years. In 1987, Mr.
Shaughnessy joined the firm of Windels, Marx, Davies
& Ives (now known as Windels, Marx, Lane &
Mittendorf, LLP) as a litigation partner. He was the
chairman of the Windels, Marx Litigation Department
from 1988 through 1998, and was a member of the
firm’s Executive Committee from 1990 to 1992. Mr.
Shaughnessy joined Milberg Weiss in 2001.
Over the course of his career, Mr. Shaughnessy has
specialized in commercial, securities, insurance, aviation
and bankruptcy litigation. Mr. Shaughnessy was lead
defense counsel for Pan American World Airways, Inc.
in In re Air Disaster at Lockerbie, Scotland on
December 21, 1988, M.D.L. 799 (TCP) (E.D.N.Y.), and
tried that case on behalf of Pan Am to a jury for three
months.
Mr. Shaughnessy is a member of the American Bar
Association, the New York State Bar Association, the
Association of the Bar of the City of New York, and
Federal Bar Council. Mr. Shaughnessy is admitted to
practice in New York, California and New Jersey as well
as before the United States Supreme Court, the United
Firm Résumé 32


                                                             Page 52
States Courts of Appeals for the Second, Fifth and Ninth
Circuits, the United States District Courts for the
Southern, Eastern, Northern and Western Districts of
New York, the Southern District of California and the
District of New Jersey, and the United States Tax Court.
A
SSOCIATES
A
RIEL
A
CEVEDO
earned a B.B.A. degree from
Baruch College of the City College of New York in 1991
and his J.D. degree from Fordham University School of
Law in 1995. During and after college, Mr. Acevedo
was employed as a financial analyst at various brokerage
firms and in the banking industry. Prior to joining
Milberg Weiss, Mr. Acevedo was employed at a large
international law firm in New York, representing and
counseling various multi-national corporations in
complex, products liability litigation in the United States
and other countries. At Milberg Weiss, Mr. Acevedo has
represented
numerous plaintiffs in employment
discrimination litigation in federal and state courts.
Additionally, he has participated in the negotiation of
settlement agreements in securities actions, including In
re Clarus Corporation, In re Hamilton Bancorp, and In
re UniCapital Corporation.
Mr. Acevedo is admitted to practice in the courts of
the State of Florida, as well as the United States District
Courts for the Southern and Middle Districts of Florida.
R
OBERT
R. A
DLER
earned a B.S. degree with
honors in psychology in 1991 from Union College and
his J.D. degree from Thomas M. Cooley Law School in
1996, where he was a member of the Thomas M. Cooley
Law Review from 1995-1996. While a law student, Mr.
Adler was the recipient of three book awards for having
earned the highest grade in the class in: “Lawyering
Before Trial,” 1995; “Trial Workshop,” 1996; and
“Workers Compensation,” 1996. As a law student, he
also authored “Estate of C.W.: A Pragmatic Approach to
the Involuntary Sterilization of the Mentally Disabled,”
Nova Law Review, Spring 1996, Volume 20, Number 3.
As a practicing attorney, Mr. Adler was awarded
“Pro Bono Attorney of the Month,” by the 15th Circuit
Pro Bono Committee, South County Bar Association, in
the Summer of 1999.
Mr. Adler’s practice areas include securities class
action litigation and commercial litigation. He has
obtained tens of millions of dollars worth of recoveries
on behalf of defrauded investors against their
stockbrokers, their broker-dealers, and issuers during his
career as a securities litigator.
His involvement as co-lead counsel in In re Sunbeam
Securities Litigation helped shareholders recover an
aggregate settlement of $140 million. That settlement
included $110 million from Arthur Andersen,
representing the then second largest securities class
action settlement ever obtained against an accounting
firm. Other cases in which Mr. Adler achieved notable
recoveries include: In re Phoenix International
Securities Litigation (helped procure settlement of $4.22
million); lead counsel in In re Harbinger Corp.
Securities Litigation (helped obtain settlement of $2.25
million); co-lead counsel in In re Insurance Management
Solutions Group, Inc. Securities Litigation (helped
obtain settlement of $2.1 million); co-lead counsel in
PSINet Inc. Securities Litigation (helped recover $18.7
million settlement); co-lead counsel in Cheney v.
CyberGuard Corporation, et al., (helped recover $10
million settlement).
Mr. Adler is admitted to practice law in the state of
Florida, U.S. District Court, Southern District of Florida,
U.S. District Court, Middle District of Florida, and the
Eleventh Circuit.
P
AUL
J. A
NDREJKOVICS
graduated from Union
College in 1992, Phi Beta Kappa, magna cum laude,
with a B.A. degree in political science. In 1995, Mr.
Andrejkovics received his J.D. degree from Albany Law
School. He was admitted to the New York State Bar in
1996.
R
OBERT
R. B
ARRAVECCHIO
earned his B.S.
degree in industrial and labor relations from Cornell
University in 1995. He earned his J.D. degree from New
York Law School in 1998.
Mr. Barravecchio focuses his practice on class
actions on behalf of defrauded investors and consumers.
He also has extensive litigation experience with regard to
civil rights and employment discrimination actions
where he has obtained significant settlements on behalf
of victims of employment discrimination. Additionally,
Mr. Barravecchio currently is part of the litigation team
prosecuting actions against numerous mutual fund
companies for charging excessive fees to mutual fund
investors.
Mr. Barravecchio is a member of the Pro Bono
Mediation Panel for the Southern District of New York
and the New York State Bar Association. His published
decisions include: Joseph v. New York Yankees
Partnership, 2000 U.S. Dist. LEXIS 15417 (S.D.N.Y.
October 19, 2000) and Wilson v. Toussie, 2003 U.S. Dist.
LEXIS 23756 (E.D.N.Y. October 8, 2003).
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                                                              Page 53
Mr. Barravecchio was admitted to the bar of the State
of New Jersey in 1998 and is admitted to practice before
the United States District Court for the District of New
Jersey. He was also admitted to the bar of the State of
New York in 1999, and is admitted to practice before the
United States District Court for the Southern and Eastern
Districts of New York.
E
LIZABETH
A. B
ERNEY
graduated with honors
from Cornell University in 1975 with a B.S. degree in
industrial and labor relations. She received her J.D.
degree from the University of Chicago Law School in
1978. Ms. Berney previously worked as an associate at
Dewey Ballantine in the tax and municipal bonds fields
(where she obtained the tax exemption rulings for the
bonds that financed the Intrepid Museum’s construction
and spoke on television regarding municipal bond
issues); as in-house counsel at Queens College (CUNY);
as a litigation associate at Gilbert, Segall and Young
(now part of Holland & Knight) specializing in cases
involving foreign governments; and in her own legal and
literary practice. She was involved in the Holocaust
assets litigation against German and Swiss banks;
negotiated computer software agreements for large
software manufacturers; and represented notables such
as Marcel Marceau, the Upton Sinclair estate, the author
of the controversial book, Son of Sam, and the Poetry
Society of America in publishing matters. She also
appeared on a German television documentary, and was
a speaker/panelist for the Women’s National Book
Association.
Ms. Berney joined Milberg Weiss in the spring of
2000 as a senior associate. She has been an active
member of the Firm’s litigation teams for various cases
including Firestone Tire / Ford Explorer, Enron, and
Xerox. Ms. Berney is a member of the Federal Bar
Council. She is also an avid amateur violinist. As an
undergraduate, she served as concert mistress of the
Cornell Symphony Orchestra, and while in law school,
was a violinist with the Chicago Civic Orchestra. More
recently, she has been a first violinist in local orchestras
such as the New York City Bar Association Lawyers’
Orchestra and COSMOS (Chamber Orchestra of
Medicine and Science).
Ms. Berney gave a guest lecture to Cardozo Law
School’s ethics class in February 2004 on the topic,
“Ethics of Class Action Representation and Fees.” She
is Melvyn I. Weiss’s co-author for the recent article,
“Restoring Investor Trust in Auditing Standards and
Accounting Principles,” which appeared in the Harvard
Journal on Legislation (Winter 2004). She is currently
working on an article on confidentiality with Sol
Schreiber.
Ms. Berney is admitted to practice in the courts of the
States of New York and Pennsylvania, as well as the
United States District Courts for the Southern and
Eastern Districts of New York, the U.S. Tax Court, and
the U.S. Claims Court.
B
RUCE
D. B
ERNSTEIN
graduated from the
University of Vermont in 1994 with a B.A. degree. In
1997, he earned his J.D. degree from The George
Washington University Law School. Mr. Bernstein is a
member of the New York County Lawyers Association
and the American Bar Association. He is admitted to the
New York State Bar and is admitted to practice before
the United States District Courts for the Eastern and
Southern Districts of New York.
R
OSS
B
ROOKS
earned his B.A. degree from
Cornell University in 1992, cum laude, and his J.D.
degree from the University of Chicago Law School in
1997. Mr. Brooks’ practice is focused primarily on class
actions brought on behalf of defrauded investors and
consumers. Prior to joining Milberg Weiss in 2003, Mr.
Brooks worked as an associate with law firms in New
York and New Jersey, concentrating in the areas of
commercial litigation and intellectual property.
Mr. Brooks is admitted to practice in the courts of the
State of New York, as well as the United States District
Court for the Southern District of New York.
L
ISA
L. C
OGAN
earned her B.A. degree in liberal
arts from Xavier University in 1996. She earned her
J.D. degree from Salmon P. Chase College of Law in
2000.
Ms. Cogan focuses her practice on class actions on
behalf of defrauded investors and consumers, as well as
complex litigation and employment discrimination. She
primarily represents mutual fund investors in actions
involving the improper market timing and late trading of
mutual fund shares in In re Mutual Funds Investment
Litigation, MDL. No. 1586 (D.Md.), and in actions
alleging that mutual fund companies and brokerage
houses are charging their clients excessive fees and
commissions. Ms. Cogan was also an integral part of the
team representing shareholders in the Disney
Shareholder Litigation being tried in the Delaware Court
of Chancery.
Ms. Cogan was admitted to the the bar in the State of
Kentucky in 2001 and is admitted to practice in the
United States District Court for the Eastern District of
Kentucky. She was also admitted to the bar of the State
of New Jersey in 2003 and is admitted to practice before
the United States District Court for the District of New
Jersey.
J
ENNIFER
S. C
ZEISLER
graduated from Hofstra
University in 1994 with a B.A. degree in psychology.
Firm Résumé 34


                                                             Page 54
After completing graduate degree work at Hunter School
of Social Work (1994-95), she pursued a J.D. degree,
which she earned in 1999 from the University of Miami
School of Law, where she graduated cum laude. Ms.
Czeisler was on the editorial board of the Law Review of
Psychology, Public Policy & Law and earned numerous
awards, including the Cali Excellence for the Future
Award, Dean’s Certificate of Achievement Award and
membership in the Phi Delta Phi National Honor
Society. Ms. Czeisler is admitted to practice in the State
of New York and is a member of the American Bar
Association, where she is committed to her pro bono
work with the American Bar Association Commission on
Legal Problems of the Elderly.
D
AN
P. D
IETRICH
graduated from the University
of Florida in 1997 with a double major in finance and
management. He earned his M.B.A. degree in finance
from the University of Miami in 2000 and his J.D.
degree from St. John’s University School of Law in
2003. While at St. John’s, Mr. Dietrich was the Editor-
in-Chief of the New York International Law Review.
Mr. Dietrich focuses his practice primarily on class
actions on behalf of defrauded investors and
shareholders, as well as complex litigation. He currently
represents shareholders in actions against various mutual
fund families in which Milberg Weiss has been
appointed sole lead counsel, including In re Goldman
Sachs Fee Litigation (S.D.N.Y.) and In re Dreyfus Fee
Litigation (W.D. Pa.).
Mr. Dietrich is a member of the New York State Bar
Association and the American Bar Association. He is
admitted to the bar of the State of New York and the
State of Florida.
M
ICHAEL
E
ISENKRAFT
graduated Magna Cum
Laude with honors from Brown University in 2001,
where he double-majored in history and comparative
politics and was elected to Phi Beta Kappa. In 2004, Mr.
Eisenkraft graduated Cum Laude from The Harvard Law
School. Mr. Eisenkraft joined Milberg Weiss in 2004,
after working as a summer associate for the firm after his
first and second years of law school. Prior to joining
Milberg Weiss, Mr. Eisenkraft spent the summers before
law school working with the Vera Institute For Justice's
Adolescent Portable Therapy Project and the
Neighborhood Defender Service of Harlem.
Mr. Eisenkraft focuses his practice primarily on class
actions on behalf of defrauded investors and consumers,
as well as complex commercial litigation and mass torts.
Mr. Eisenkraft was admitted to the New Jersey State Bar
in 2004 and the New York State Bar in 2005.
N
EIL
R. F
RASER
graduated from the University of
Massachusetts, Amherst in 1989 with a B.A. degree in
political science. In 1992, he received his J.D. degree
from Whittier Law School. While in law school, Mr.
Fraser externed for the Hon. Vincent P. Zurzolo, United
States Bankruptcy Judge for the Central District of
California.
Mr. Fraser focuses his practice in the areas of
securities, mass torts and employment discrimination.
He is currently one of the attorneys litigating on behalf
of the plaintiffs in the recently certified class action
alleging employment discrimination at the Jacob K.
Javits Convention Center, Cokely, et al. v. NYCCOC, et
al. (S.D.N.Y.). In the mass torts practice, Mr. Fraser is a
key part of the team representing over 330 individuals
relating to injuries they sustained by their ingestion of
the diet drug combination known as Fen-Phen in In re
Diet Drug Litigation Venued in Bergen County. In
securities, he worked on the successfully resolved In re
Racing Champions Securities Litigation (N.D. Ill.) and is
currently a member of the team handling the landmark In
re IPO Securities Litigation, alleging various forms of
market manipulation.
Mr. Fraser is admitted to practice in New York,
New Jersey and the U.S. District Courts for the Southern
District of New York, the Eastern District of New York
and the District of New Jersey.
S
USAN
M. G
REENWOOD
graduated cum laude
from Cornell University in 1994 with an A.B. degree in
history. She earned her J.D. degree from the University
of Pennsylvania Law School in 1997. Ms. Greenwood
was admitted to the New York State Bar and the New
Jersey State Bar in 1998. In 2000, she was admitted to
practice before the United States District Court for the
Southern and Eastern Districts of New York.
S
HANNON
H
OPKINS
earned her B.A. degree from
Bryant College in 1995, cum laude, and her J.D. degree
from Suffolk University Law School in 2003, magna
cum laude. Ms. Hopkins focuses her practice on class
actions on behalf of defrauded investors. Prior to joining
Milberg Weiss, she was associated with the Boston
office of Berman DeValerio Pease Tabacco Burt &
Pucillo, where she focused her practice on securities
litigation. Ms. Hopkins is also a Certified Public
Accountant and worked for a major public accounting
firm before becoming an attorney. During law school,
Ms. Hopkins was a member of the Journal of High
Technology and authored a note entitled, “Cybercrime
Convention: A Positive Beginning to a Long Road
Ahead,” 2 J. High Tech. L. 101. Ms. Hopkins also
served on the executive board of Phi Delta Phi.
Ms. Hopkins is admitted to practice in the courts of
the States of Massachusetts and New York, as well as the
United States District for the District of Massachusetts.
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                                                              Page 55
J
ENNIFER
K. H
IRSH
graduated from Brown
University in 1987 with a B.A. degree in history. She
spent a year studying history at University College
London. In 2001, she earned her J.D. degree from
Benjamin N. Cardozo School of Law, where she was
Senior Articles Editor of the Journal of Comparative and
International Law. Ms. Hirsh is a member of the New
York Bar.
C
HRISTOPHER
S. J
ONES
received his B.A. degree
in economics cum laude from the University of Akron in
1991, and his J.D. degree from DePaul University
College of Law in 1996.
Mr. Jones began his legal career as an attorney with a
prominent corporate defense firm where he gained
extensive litigation experience in a variety of areas,
including complex litigation, class actions, and appellate
litigation. His reported victories there spanned federal
and state courts, including Conway v. Royalite, 12 S.W.
3d 314 (Mo. 2001), Fletcher v. Conoco Pipeline Co.,
129 F. Supp. 2d 1255 (W.D. Mo. 2001), Clay v.
American Tobacco Co., 188 F.R.D. 483, 1999 U.S. Dist.
LEXIS 19515 (S.D. Ill. 1999), and West Virginia-Ohio
Valley Area I.B.E.W. Welfare Fund v. American Tobacco
Co., 188 F.R.D. 425 (S.D. W. Va. 1999).
Mr. Jones joined Milberg Weiss in 2001. His
practice focuses on securities class action litigation,
corporate derivative litigation, and consumer class action
litigation. Along with his colleagues, his securities class
action victories and settlements include In re Hamilton
Bancorp Securities Litigation, 194 F. Supp. 2d 1353
(S.D. Fla. 2002) (defeating motion to dismiss; $8.5
million settlement), In re UniCapital Corp. Securities
Litigation, Case No. 00-2054 (S.D. Fla. 2002) (defeating
corporation’s motion to dismiss; $5.2 million
settlement), In re Mirant Securities Litigation, Case No.
1:02-CV-1467 (N.D. Ga. 2003) (defeating motions to
dismiss; case pending); In re Intercept Securities
Litigation, Case No. 1:03-CV-567 (N. D. Ga. 2004)
($5.5 million settlement), and In re AES Securities
Litigation, Case No. 1:03-CV-284 (S.D. In. 2004) ($5
million settlement).
Mr. Jones also has extensive experience in
prosecuting corporate derivative actions. Notably, he
was one of the lead counsel in the widely reported case
involving FPL Group (NYSE:FPL), a large public utility
holding company. After nearly three years of intense
litigation, which included a victory on the defendants’
motions to dismiss (see Klein v. FPL Group, Inc., 2004
U.S. Dist. LEXIS 919, 2004 WL 302292 (S.D. Fla. Jan.
20, 2004)), eight FPL executives, and their insurer, have
agreed to return $22.25 million dollars in compensation
to the company.
The settlement represents a
groundbreaking recovery, standing as one of the largest
amounts of money ever returned to a public company by
members of its management in an executive
compensation type lawsuit.
Mr. Jones is a member of the Firm’s Technology
Committee. In 2005, Mr. Jones was admitted to the
Georgia State Bar.
T
ODD
K
AMMERMAN
received his B.A. degree
cum laude with honors in politics from Brandeis
University in 1999. In 2002, he received his J.D. degree
from the Benjamin N. Cardozo School of Law. While at
Cardozo, Mr. Kammerman was named an Alexander
Fellow, through which he worked as a judicial intern in
the chambers of the Honorable Joseph A. Greenaway,
Jr., U.S.D.J. in Newark, NJ. Mr. Kammerman is a
member of the bars of the States of New York and New
Jersey and is admitted to practice before the United
States District Court for the District of New Jersey.
H
ANNAH
K. K
IERNAN
graduated cum laude from
the University of Michigan in 1994 with a B.S. degree in
Nursing. She practiced nursing on a general medical
floor at New York University Medical Center between
1994-1997. Ms. Kiernan graduated from Boston College
Law School, where she was a Member of the Jessup
International Moot Court Team, in 2000. While in law
school, Ms. Kiernan was awarded a Public Interest Law
Foundation, Distinguished Civil Rights Award for her
paper entitled “Insanity or Death: The Choice that
Violates the 8th Amendment.”
Ms. Kiernan is the co-author of “Reviewing
Discovery Under HIPAA Privacy Rules” which was
published in the New York Law Journal on August 17,
2001. She is also co-author of “The Patient Health
Information and Quality Improvement Act of 2000:
Health Care Consumers Beware - or Befuddled?” which
was published in Mealey’s Managed Care Liability
Report on December 8, 2000.
Ms. Kiernan is a member of the American Bar
Association and the New York State Bar Association. In
2001, Ms. Kiernan was admitted to the New York State
Bar. She is also admitted to practice before United
States District Courts for the Southern and Eastern
Districts of New York.
S
ABRINA
K
IM
earned her B.A. degree from the
University of California, Los Angeles, in 1992, and her
J.D. degree from the University of California, Hastings
College of Law in 1996. She focuses primarily on class
actions on behalf of defrauded consumers and investors
as well as public shareholders in mergers and acquisition
cases.
She came to the Firm from the California
Department of Justice, where she was a deputy attorney
general in the Consumer Law Section for six years.
During her tenure as a state prosecutor, Ms. Kim served
Firm Résumé 36


                                                             Page 56
on the Attorney General’s Asian Pacific Islander
Advisory Board and prosecuted high-profile, complex
state and federal consumer fraud cases, including those
against major predatory lenders, notorious immigration
consultants, and others who engaged in unlawful and
deceptive business practices. She has also conducted
numerous consumer education presentations to
community organizations and has taught Consumer Law
as an adjunct professor at Loyola Law School. She is a
board member of the Korean American Bar Association.
Ms. Kim is admitted to practice in the courts of the
State of California, as well as the United States District
Court for the Central District of California.
M
ATTHEW
A. K
UPILLAS
graduated from the
State University of New York at Albany in 1990 with a
B.A. degree in philosophy. In 1994, Mr. Kupillas
received his J.D. degree from New York University
School of Law.
Mr. Kupillas focuses his practice
primarily on class actions on behalf of defrauded
investors and consumers, as well as complex commercial
litigation. His involvement in the In re Oxford Health
Plans, Inc. Securities Litigation helped shareholders
recover an aggregate settlement of $300 million. Mr.
Kupillas is a member of the New York State Bar
Association and the American Bar Association. He is a
member of the bar of the State of New York and is
admitted to practice before the United States District
Court for the Eastern District of Wisconsin.
S
HARON
M. L
EE
graduated from St. John’s
University in 1997 with a B.A. degree in Asian studies,
and a M.A. degree in East Asian studies in 1998. Ms.
Lee earned her J.D. degree from St. John’s University
School of Law in 2001 where she was the notes and
comments editor of The New York International Law
Review, and the author of an article published therein.
Ms. Lee is a member of the New York State Bar
Association. She is admitted to the bar of the State of
New York, and is admitted to practice in the Southern
and Eastern Districts of New York.
E
LIZABETH
L
IN
earned her B.A. degree from the
University of California, Los Angeles in 1991 and her
J.D. degree from UCLA Law School in 1994. Ms. Lin
focuses her practice on investigating fraud and litigating
class action lawsuits on behalf of defrauded individual
and institutional investors. Prior to joining Milberg
Weiss, Ms. Lin was a senior associate at Weiss &
Yourman, where she successfully litigated class action
lawsuits resulting in multi-million dollar recoveries for
members of the class. Ms. Lin was instrumental in
achieving a recovery for the class in, among other cases,
In re Southern Pacific Funding Corp. Securities
Litigation, 83 F. Supp. 2d 1172 (D. Or. 1999), In re U.S.
Interactive Inc., No. 01-CV-522, 2002 U.S. Dist. LEXIS
16009 (E.D. Pa. Aug. 23, 2002), and In re Aura Systems,
Inc. Securities Litigation, No. 97-3103 SVW (C.D. Cal.).
In In re Amylin Pharmaceuticals, Inc. Securities
Litigation, No. 01cv1455 BTM (S.D. Cal.), she
successfully opposed defendants’ motion to dismiss,
2002 U.S. Dist. LEXIS 19481 (S.D. Cal. Oct. 9, 2002),
and defendants’ subsequent motion for reconsideration,
2003 U.S. Dist. LEXIS 7667 (S.D. Cal. May 1, 2003).
She also successfully opposed defendants’ motions to
dismiss in In re Williams Securities Litigation, No. 02-
CV-72H (N.D. Okla.). In In re Lantronix Inc. Securities
Litigation, No. 02-03899 PA (C.D. Cal.), the corporate
defendant, in a federal securities class action filed post-
PSLRA, did not even move to dismiss the securities
fraud allegations in the consolidated complaint she
drafted.
Ms. Lin is admitted to practice in the courts of the
State of California, as well as the United States District
Courts for the Central, Northern, Southern and Eastern
Districts of California, the Western District of Michigan,
the District of Colorado, and the United States Courts of
Appeals for the Ninth and Tenth Circuits.
A
NN
M. L
IPTON
graduated with distinction from
Stanford University in 1995, Phi Beta Kappa, with a
B.A. degree in communication and psychology. In 2000,
Ms. Lipton graduated magna cum laude from Harvard
Law School, where she was awarded the Sears Prize for
her second-year grade point average and served as an
Articles Editor for the Harvard Law Review. Prior to
joining Milberg Weiss, she clerked for Chief Judge
Edward R. Becker of the United States Court of Appeals
for the Third Circuit, and Associate Justice David H.
Souter of the United States Supreme Court. She was
admitted to the New York State Bar in 2001.
D
AVID
B. M
ANNO
graduated from Hofstra
University in 1992 with a B.B.A. degree in management.
He received his J.D. degree with distinction from Hofstra
University School of Law in 1997. Mr. Manno primarily
represents companies in connection with public and
private financings, mergers and acquisitions, securities
transactions and general corporate matters. During 2004,
he served as an arbitrator in the Civil Court of New York
Small Claims Part in Queens, New York. Mr. Manno is
admitted to practice in the courts of the State of New
York.
J
ANUARY
L. M
ARSCH
received her B.A. degree in
government and law from Lafayette College and
graduated from New York Law School, cum laude in
2001. While at NYLS, Ms. Marsch was active in the
Moot Court Association and served as the Executive
Editor. She received several awards including the
Morris Orland Award for Excellence in Appellate
Advocacy and the National Second Best Brief Award at
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                                                             Page 57
the Burton D. Weschler Moot Court Competition. In
2001, Ms. Marsch was awarded the National Moot Court
Association Honors and was elected into the Order of the
Barristers. She was the Recipient of the Arthur Abbey
Fellowship for public advocacy in 2002. Ms. Marsch
has completed internships for the US Attorney’s Office
for the Southern District of New York and the Honorable
Kevin Thomas Duffy, U.S. District Judge, SDNY. Ms.
Marsch joined Milberg Weiss in 2003. Ms. Marsch is a
member of the New York State Bar Association, New
York County Lawyers Association, New Jersey State
Bar Association and the American Bar Association. She
is admitted to the Bars of the States of New York and
New Jersey and the United States District Court for the
State of New Jersey.
C
AROLINE
M
ARSHALL
graduated
from
Dartmouth College in 1988 with a B.A. degree in
philosophy. In 1992, she received her J.D. degree from
Fordham University School of Law, where she was
captain of Fordham’s National Moot Court Team and a
recipient of an Excellence in Advocacy award. Ms.
Marshall served as a trial assistant at the New York
County District Attorney’s Office for three and a half
years and as an assistant corporation counsel for the Law
Department for the City of New York for one year. Ms.
Marshall then spent five years practicing criminal
defense both in private practice and as a public defender.
Before joining the Firm in 2003, she worked for Deloitte
& Touche’s Business Intelligence Unit. Ms. Marshall is
admitted to the New York State bar.
K
RISTI
S
TAHNKE
M
C
G
REGOR
received her
B.A. degree in political science, Phi Beta Kappa, from
the University of Florida in 1995. She spent two years,
1993-94 and 1995-96, studying political science and
economics at the Rheinische Friedrich-Wilhelms-
Universitaet Bonn in Bonn, Germany. In 1999 Ms.
Stahnke received her J.D. degree from Emory University
School of Law, where she was the Research Editor of the
Emory International Law Review and student law clerk
to Justice Norman Fletcher of the Georgia Supreme
Court.
After graduating law school, Ms. Stahnke was a
recipient of the German Chancellor Fellowship through
the Alexander Von Humboldt Foundation, which
allowed her to attend the Westfaelische Wilhelms-
Universitaet Muenster in Muenster, Germany and
receive her LL.M. degree magna cum laude in German
civil law in 2001.
Prior to joining Milberg Weiss in 2002, Ms. Stahnke
practiced in the international section of a large Atlanta
law firm. Ms. Stahnke focuses her practice primarily on
class actions on behalf of defrauded investors, as well as
complex commercial litigation. She has particular
experience in international litigation, primarily involving
European companies. She is fluent in German. Ms.
Stahnke was admitted to the State Bar of Georgia in
1999, the New York Bar in 2003 and the Florida Bar in
2004.
J
OHN
M
ILLS
earned his B.A. degree from Duke
University in 1997, and his J.D. degree from Brooklyn
Law School in 2000, cum laude. Mr. Mills is admitted
to practice in the courts of the State of New York.
C
HRISTOPHER
P
OLASZEK
earned his B.S. degree
from Florida State University in 1992, cum laude, his
M.B.A. degree from Florida State University in 1997,
cum laude, his J.D. degree from Florida State University
in 1997, cum laude, and his LL.M. degree from
Georgetown University in 2000. While pursuing his
legal education, Mr. Polaszek interned with the Florida
Senate and United States Senator Bob Graham. Mr.
Polaszek currently specializes in securities fraud
litigation. Prior to joining Milberg Weiss, Mr. Polaszek
spent several years practicing commercial litigation with
an emphasis on securities litigation and arbitration. In
this regard, in addition to litigating matters in state and
federal courts, he has represented numerous clients in
securities arbitration proceedings conducted by the
National Association of Securities Dealers, Inc., the New
York Stock Exchange, and the American Arbitration
Association. Mr. Polaszek is also a member of the
Federal Bar Association and the American Bar
Association.
Mr. Polaszek is admitted to practice in the courts of
the State of Florida, as well as the United States District
Courts for the Northern and Middle Districts of Florida.
A
LBERT
G. P
OWELL
graduated from Columbia
University in 1987 with a B.A. degree in economics. In
1989, Mr. Powell received his J.D. degree from The
University of Texas School of Law. Mr. Powell’s
practice includes antitrust class actions and securities
fraud litigation. Among the notable cases he has helped
prosecute are In re VisaCheck/MasterMoney Antitrust
Litigation (E.D.N.Y.), In re Raytheon Company
Securities Litigation (D. Mass.), and Duhaime v. John
Hancock Mutual Life Insurance Company (D. Mass.).
Mr. Powell is a member of the New York State Bar
Association. He is admitted to the Bars of the States of
Connecticut and New York.
J
OHN
R
ADICE
graduated magna cum laude from
Princeton University in 1997 with a Bachelor of Arts
degree in Politics and a Certificate in Political Theory.
After working in finance for several years, Mr. Radice
graduated from the NYU School of Law where he was
an Arthur Garfield Hays Civil Rights & Civil Liberties
Fellow and a member of the Journal of Legislation &
Public Policy. Through the Hays Fellowship, Mr.
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                                                               Page 58
Radice completed internships at the NAACP Legal
Defense & Education Fund and the ACLU Immigrants'
Rights Project.
Mr. Radice Prior to joining Milberg Weiss, he
clerked for Judge Edith Brown Clement of the United
States Court of Appeals for the Fifth Circuit in New
Orleans. Mr. Radice focuses his practice on False
Claims Act litigation, representing whistleblowers in
numerous cases currently pending under seal, and
securities litigation. Mr. Radice is admitted to practice
law in the state and federal courts of New Jersey.
A
NDREI
R
ADO
, born in Bucharest, Romania,
earned his B.A. degree in psychology summa cum laude,
at the State University of New York at Buffalo in 1996;
and his J.D. degree at St. John’s University, cum laude in
1999, where he was a member of Phi Beta Kappa. Mr.
Rado authored 12 New York International Law Review
97, 1999.
Mr. Rado, who is fluent in Romanian, has worked at
Milberg Weiss since 2000, where his practice focuses on
securities and consumer class actions. Prior to joining
Milberg Weiss, Mr. Rado worked as an attorney at Bear
Stearns & Co. Inc., focusing on rules and regulations
relating to resales of control and/or restricted securities.
While in law school, Mr. Rado was a senior staff
member of the New York International Law Review. Mr.
Rado is the author of a case commentary, Ministry of
Defense of Iran v. Cubic Defense Systems Inc., 12 N.Y.
Int’l. L. Rev. 97 (1999).
Mr. Rado is admitted to practice in the courts of the
State of New York, as well as the United States District
Court for the Southern District of New York.
C
ARLOS
F. R
AMIREZ
earned his B.S. degree in
legal studies cum laude from John Jay College of
Criminal Justice in 1994. He earned his J.D. degree
from Fordham University School of Law in 1997, where
he was an articles and notes editor of the Fordham
Urban Law Journal and the recipient of the Department
of Justice Civil Rights Fellowship. Mr. Ramirez is the
author of “Administrative License Suspensions, Criminal
Prosecution and the Double Jeopardy Clause,” 23
FORDHAM URB. L.J. 923 (1996). Upon graduation
from law school, he served as an assistant district
attorney in the Trial Division of the Manhattan District
Attorney’s Office for three years. Mr. Ramirez was
admitted to the bar of the State of New York in 1998,
and is admitted to practice before the United States
District Court for the Southern and Eastern Districts of
New York. He is a member of the Association of the
Bar of the City of New York and the New York State
Bar Association.
C
YDNEY
R
ABOURN
earned her B.A. degree from
the University of Missouri, Columbia, in 2000, Phi Beta
Kappa with honors, and her J.D. degree from the
University of Iowa in 2003, with distinction. During law
school Ms. Rabourn worked as a research assistant for
antitrust scholar Herbert Hovenkamp where she assisted
in research and editing for the Antitrust Law treatise
series. Ms. Rabourn focuses her practice exclusively on
complex antitrust class actions on behalf of injured
consumers both in the United States and world wide.
Before joining Milberg Weiss as an associate, she
worked as an attorney for the Federal Trade
Commission, Bureau of Competition Anticompetitive
Practices in Washington D.C. As an attorney at the FTC,
her work centered on prosecution of complex
administrative antitrust cases involving violations of
both §§ 1 and 2 of the Sherman Act and § 5 of the
Federal Trade Commission Act.
Ms. Rabourn is a member of the American Bar
Association’s Antitrust section and also a member of the
American Antitrust Institute. She continues to serve as a
co-chair for the Women’s Bar Association of the District
of Columbia and is a member of the University of
Missouri-Columbia Alumni Board. She is also active in
numerous political and philanthropic activities both
locally and nationally.
Ms. Rabourn is admitted to practice in the courts of
the State of Wisconsin, as well as the United States
District Court for the Central District of Wisconsin.
J
OHN
R
EDIKER
earned his B.A. degree from the
University of North Carolina in 1994, and his J.D.
degree from Washington and Lee University School of
Law in 1999. Mr. Rediker’s practice involves class
action securities and consumer fraud litigation. In
addition, Mr. Rediker also has experience in multi-party
environmental litigation, complex commercial litigation,
and he was associate in-house counsel for an
international corporation. While in law school, he was
Articles Editor for the Environmental Law Digest and
was a third-year practice certified advocate for the Legal
Aid Society of Rockbridge County.
Mr. Rediker is admitted to practice in the courts of
the State of Colorado, as well as the United States
District Court for the District of Colorado, and the
United States Court of Appeals for the Tenth Circuit.
K
AREN
R
OGERS
earned her B.A. degree from the
University of California, Irvine, in 1983, her M.B.A.
degree from Pepperdine University in 1990, and her J.D.
degree from Southwestern University School of Law in
1996.
Ms. Rogers specializes in representing investors,
including individual and institutional investors, in
Firm Résumé 39
                                                              Page 59
securities fraud class actions and shareholder derivative
litigation. Ms. Rogers has been with the Firm since
March 1997. While at Milberg Weiss, Ms. Rogers has
successfully litigated numerous class action lawsuits
which have resulted in multi-million dollar recoveries for
defrauded investors, including, among others, cases such
as Mattel Securities Litigation, Accelerated Securities
Litigation, and Hoeck v. CompUSA.
While at Southwestern, Ms. Rogers was on the
Dean’s List from 1994-1995 and a member of the Law
Review from 1995-1996. Ms. Rogers authored “Embryo
Theft: The Misappropriation of Human Eggs at an Irvine
Fertility Clinic Has Raised a Host of New Legal
Concerns for Infertile Couples Using Reproductive
Technologies,” 26 Sw. U.L. Rev. 1133 (1997). In 1996,
Ms. Rogers served as judicial extern for The Honorable
Ronald S.W. Lew, U.S. District Court of California.
Prior to law school, Ms. Rogers earned an NASD
Series 7 securities license and worked in the securities
industry for five years at Drexel Burnham Lambert’s
Beverly Hills office.
Ms. Rogers is a member of the Association of
Business Trial Lawyers, as well as the Los Angeles
County, San Fernando Valley, and American Bar
Associations. Ms. Rogers is admitted to practice in the
courts of the State of California, as well as the United
States District Court for the Central District of
California.
E
LIZABETH
R
OSENBERG
graduated from the
University of Michigan in 1998 with a B.A. degree in
psychology. In 2001, she earned her J.D. degree from
Brooklyn Law School. Ms. Rosenberg is admitted to
practice in the State of New York and is a member of the
New York State Bar Association.
L
ILI
R. S
ABO
graduated from the State University
of New York at Albany in 1997 with a B.A. degree in
political science. She earned her J.D. degree from
Brooklyn Law School in 2002. Ms. Sabo was admitted
to the bar of the State of New York in 2003, and is
admitted to practice before the United States District
Court for the Southern and Eastern Districts of New
York.
A
LAN
H. S
CHWARTZ
graduated from Rutgers
University in 1990 with a B.A. degree in psychology. In
1994, Mr. Schwartz received his J.D. degree from
Brooklyn Law School.
Mr. Schwartz’s practice
concentrates on securities and antitrust class actions. He
is currently representing a class of defrauded investors in
In re Initial Public Offering Securities Litigation
(S.D.N.Y.). Mr. Schwartz also represented merchants in
In re Visa Check/MasterMoney Antitrust Litigation
(E.D.N.Y.) which resulted in an historic $3.05 billion
antitrust settlement and injunction on behalf of the class.
Mr. Schwartz is a member of the New York State Bar
Association. Mr. Schwartz is admitted to practice in the
States of New York and New Jersey and before the
United States District Court for the District of New
Jersey.
J
ENNIFER
S
CLAR
earned her B.A. degree from
Barnard College in 1991, and her J.D. degree from
Columbia University in 1995. Ms. Sclar is admitted to
practice in the courts of the State of New York, as well
as the United States District Courts for the Southern and
Eastern Districts of New York.
P
ATRICK
J. S
HEEHAN
graduated from the College
of the Holy Cross in 1993 with a B.A. degree in history.
In 1997, he received a J.D. degree from Northeastern
University School of Law, where he was an editor of the
NU Forum, the school’s law journal.
Mr. Sheehan was admitted to the bar of the Supreme
Judicial Court of Massachusetts in 1998 and the bar of
the State of New York in 2000. He is also admitted to
practice in the United States District Courts for the
Southern and Eastern Districts of New York. He is also
a member of the American Bar Association and the Bar
of the City of New York. Mr. Sheehan’s practice
focuses on the representation of health care providers
and consumers in complex health care litigation.
Mr. Sheehan is the co-author of “Class Actions In
The Healthcare Context” which was published for the
following healthcare conferences: “Class Action Health
Care Litigation,” Ali-ABA Health Care Law and
Litigation Conferences, 1999; “Class Actions: HMOs
and Health Care Providers Under Attack,” ALI-ABA
Life and Health Insurance Litigation Conference, 2002;
Providers (Suits by Doctors and Hospital Class
Actions),” ALI - ABA Heath Care Law and Litigation
conference, 2000; “The Application of ERISA and RICO
Theories in the Age of Managed Care,” The Judges and
Lawyers Brest Cancer Alert, 2000 and “Health Care
Litigation: What You Need to Know After Pegram,”
Practising Law Institute, 2000. Mr. Sheehan is also co-
author of “An Overview Of Class Action Litigation In
the Managed Care Context” which was published for the
following healthcare conference: “Provider Suits by
Doctors and Hospitals v. HMOs” ALI-ABA Health Care
Law and Litigation Conference, 2001.
Mr. Sheehan is a member of the American Bar
Association’s Health Law Section and the Bar of the
City of New York. Mr. Sheehan is admitted to practice
in the courts of the States of New York and
Massachusetts, as well as the United States District
Courts for the Southern and Eastern Districts of New
York.
Firm Résumé 40


                                                            Page 60
L
EIGH
S
MITH
earned her B.A. degree from
Rutgers University, New Brunswick, in 1990, with high
honors, her M.A. degree from Rutgers University, New
Brunswick, in 1994, and her J.D. degree from Cornell
Law School in 1999. Ms. Smith focuses her practice on
class actions on behalf of defrauded investors. She also
has significant experience with complex commercial
litigation. At Rutgers, Ms. Smith majored in French and
was elected to Phi Beta Kappa and Phi Sigma Iota. As a
graduate student, she studied French literature and film
and spent a year in France working as an assistant
English teacher. In law school, Ms. Smith served as the
Acquisitions Editor for the Cornell Journal of Law and
Public Policy and was a member of the Cornell Moot
Court Board. She was a finalist in the Cuccia Cup Moot
Court Competition and received a CALI Award for
Outstanding Achievement for her work in Cornell’s
Legal Aid Clinic. She also was active in a number of
student organizations, including the Public Interest Law
Union and the Women’s Law Coalition, and was co-
chair of Lambda Law Students. Since graduating, Ms.
Smith has been associated with law firms in New York
and New Jersey.
Ms. Smith is admitted to practice in the courts of the
States of New York, New Jersey and Massachusetts, as
well as the United States District Courts for the District
of New Jersey, the District of Massachusetts, and the
Southern and Eastern Districts of New York.
R
ALPH
S
IANNI
graduated cum laude with
distinction from the University of Pennsylvania in 1990
with a B.A. degree in history (American legal and
constitutional) and was named to the Dean’s List and to
Outstanding College Students of America. He earned an
M.A. degree from Yale University in history (American
legal and constitutional) in 1991 and a J.D. degree from
the Boston University School of Law in 1995, where he
served as an editor of the Boston University Public
Interest Law Journal. While in law school, Mr. Sianni
served as a teaching assistant for a course in the Boston
University College of Communications, in both the
graduate and undergraduate divisions, Mass Media and
the First Amendment, where he lectured on issues of
defamation, advertising law, and basic trademark and
copyright.
After law school, Mr. Sianni served as law clerk to
the Hon. Stephen J. McEwen, Jr., President Judge of the
Pennsylvania Superior Court. Prior to joining Milberg
Weiss, Mr. Sianni practiced in the areas of appellate
litigation, bankruptcy and trademark prosecution. Mr.
Sianni was also part of a pro bono team for a prisoner
civil rights case that was heard by the United States
Supreme Court.
Mr. Sianni focuses his practice primarily on
shareholder class actions involving mergers and
acquisitions, as well as securities class actions.
Mr. Sianni is a member of the bars of the state of
Delaware, the commonwealth of Pennsylvania and the
District of Columbia. Mr. Sianni is also admitted to
practice and before the United States District Courts for
the District of Delaware and the Eastern District of
Pennsylvania, the United States Court of Appeals for the
Third Circuit, and the United States Supreme Court.
C
HRISTIAN
S
IEBOTT
graduated in 1998 from the
City University of New York School of Law where he
was a Belle Zeller Scholar. Prior to joining Milberg
Weiss, Christian clerked in the United States Court of
Appeals for the Second Circuit and the United States
District Court for the Southern District of New York. He
currently serves as an adjunct professor of Law at
Cardozo Law School, and is a member of the
Association of the Bar of the City of New York, the New
York State Bar Association, the American Bar
Association, and the Federal Bar Council Inn of Court.
Christian is admitted to practice in New York State,
the United States District Courts for the Southern and
Eastern Districts of New York, and the United States
Courts of Appeals for the Second and Federal Circuits.
P
ETER
S
LOANE
graduated with honors from Johns
Hopkins University in 1994 with a B.A. degree in
international relations and received his J.D. degree from
Georgetown University Law Center in 1997. Upon
graduation from law school, Mr. Sloane clerked for the
Honorable Anthony W. Ishii of the United States District
Court for the Eastern District of California. While an
undergraduate at Johns Hopkins, Mr. Sloane was
selected to participate in the Paul H. Nitze School of
Advanced International Studies graduate program in
Bologna, Italy, where he earned a graduate diploma in
international relations. Prior to joining Milberg Weiss,
Mr. Sloane was associated with Milbank, Tweed, Hadley
& McCloy LLP, where he specialized in complex
commercial litigation and consumer mass actions. He is
fluent in Italian and conversant in French and Hebrew.
Mr. Sloane currently represents purchasers of
securities in several securities fraud class actions,
including Irvine v. ImClone Systems, Inc., et al.
(S.D.N.Y.) and In re Sears, Roebuck & Co. Securities
Litigation (N. D. Ill.).
Mr. Sloane is admitted to practice before the United
States District Courts for the Southern and Eastern
Districts of New York.
A
LISHA
C. S
MITH
graduated from the University
of Maryland in 1997 with a B.A. degree in government
and politics. In 2000, she earned her J.D. degree from
Firm Résumé 41


                                                            Page 61
Washington University School of Law in St. Louis.
While a law student, Ms. Smith clerked for Judge
Theodore McMillian on the United States Court of
Appeals for the Eighth Circuit. Prior to graduation, she
worked as a full-time intern at the Securities and
Exchange Commission in the Division of Market
Regulation Office of Chief Counsel.
After graduation, Ms. Smith remained in the
Washington, D.C. area and in 2002 she received her
LL.M. in securities regulation from the Georgetown
University Law Center.
Ms. Smith focuses her practice in the area of
securities fraud class action litigation.
Ms. Smith is a member of the Maryland State Bar
Association, the American Bar Association, and the
Securities and Exchange Commission Historical Society.
Ms. Smith was admitted to practice in the State of
Maryland in 2001 and admitted to practice in the State of
New York in 2003.
J
EFFREY
T. S
PINAZZOLA
earned his B.A. degree
from Brown University in 1998, and his J.D. degree
from New York University School of Law in 2001. Mr.
Spinazzola is admitted to practice in the courts of the
State of New York, as well as the United States District
Court for the Southern District of New York.
M
ELISSA
S
TEWART
received her B.A. degree in
Spanish in 1991 from the University of Texas at Austin
and her M.S. degree in community and regional planning
in 1998 from the University of Texas at Austin. In 2002,
she received her J.D. degree from the Benjamin N.
Cardozo School of Law where she was named the
Outstanding Law Graduate by the National Association
of Women Lawyers. While at Cardozo, Ms. Stewart was
executive editor of the Journal of International and
Comparative Law and a member of Cardozo’s Trial
Team. Prior to joining Milberg Weiss, Ms. Stewart
clerked in the United States Court of Appeals for the
Fifth Circuit and the United States District Court for the
Western District of Texas. She is fluent in Spanish. Ms.
Stewart is a member of the New York Bar.
C
ARY
L. T
ALBOT
graduated from the University
of Michigan in 1991 with a B.A. degree. In 1997, he
earned his J.D. degree from Washington University in St.
Louis, where he was an associate editor of the
Washington University Law Quarterly. Mr. Talbot is a
member of the New York State Bar Association and the
American Bar Association. He is admitted to the New
York State Bar and is admitted to practice before the
United States District Court for the Southern District of
New York.
I
LZE
C. T
HIELMANN
earned her A.B. degree from
Princeton University in 1988, and her J.D. degree from
Columbia Law School in 1994. Ms. Thielmann is a
member of Milberg Weiss’ healthcare litigation practice,
and represents physicians, medical associations and
consumers in complex litigations combating the
wrongful practices of health insurers in state and federal
courts throughout the United States.
Upon graduating from Columbia Law School in
1994, Ms. Thielmann began her career in complex
commercial litigation at Simpson Thacher & Bartlett in
New York. She moved on to Kirkland & Ellis in 1996,
where she did both defense and plaintiff work in
complex commercial litigation until she departed after
becoming a mother in 1999. Ms. Thielmann joined the
Milberg Weiss healthcare litigation team on a part-time
basis in 2001 and has since become an associate of the
Firm.
Ms. Thielmann’s work with the healthcare team has
included participation in numerous federal and state
litigations, including two large multi-district litigations
in federal courts, work on several groundbreaking
settlements with major health insurers, and extensive
appellate work on behalf of appellant medical
associations and class action representatives in various
parts of the country.
Ms. Thielmann is admitted to practice in the courts of
the State of New York, as well as the United States
District Courts for the Southern and Eastern Districts of
New York.
A
DAM
W
EISS
graduated with Distinction from
Cornell University in 1998, Phi Beta Kappa. In 2004,
Mr. Weiss graduated from the University of
Pennsylvania School of Law. Prior to entering law
school, Mr. Weiss was an Investigator at the New York
City Civilian Complaint Review Board. While a law
student, he was a Senior Editor of the Journal of
Constitutional Law. He was also the recipient of the
James Wilson Scholarship. Mr. Weiss was a summer
associate at Milberg Weiss during the summers of 2002
and 2003.
Mr. Weiss’s practice areas include securities class
action litigation and consumer fraud litigation on behalf
of defrauded individual and institutional investors. In his
largest case, he represents mutual fund investors in
actions alleging that mutual fund companies and
brokerage houses are charging their clients excessive
fees and commissions. Mr. Weiss was admitted to the
New Jersey State Bar in 2004.
J
OSEPH
E. W
HITE
III
graduated from Tufts
University in 1996 with a B.A. degree in political
science. In 2000, he earned a J.D. degree from Suffolk
University Law School where he was also awarded
Honorable Mention for Distinguished Oral Advocacy.
Firm Résumé 42


                                                               Page 62
Prior to joining Milberg Weiss, Mr. White gained
experience in all facets of civil litigation as an associate
with an insurance defense firm concentrating in fraud
cases.
Mr. White focuses his practice on investigating fraud
and initiating class actions on behalf of defrauded
individual and institutional investors. He has aided in
successful recovery of investor losses in In re Hamilton
Bancorp Securities Litigation (S.D. Fla.), In re Intercept
Inc. Securities Litigation (N.D. Ga.), In re Clarus
Securities Litigation, (N.D. Ga.) and In re Unicapital
Securities Litigation (S.D. Fla).
When not litigating on behalf of defrauded investors,
Mr. White provides free educational presentations to
institutional investors on topics ranging from securities
litigation in general, to the beneficial role securities
monitoring has in assisting pension trustees in meeting
their fiduciary duty.
Mr. White is a member of the state of Massachusetts
Bar (2001), the U.S. District Court of Massachusetts Bar
(2002), and the state of Florida Bar (2003).
A
DAM
H. W
IERZBOWSKI
graduated magna cum
laude with high honors in English from Dartmouth
College in 2000 and earned his J.D. degree with honors
from The George Washington University Law School in
2003. While at George Washington, Mr. Wierzbowski
was notes editor of The George Washington
International Law Review and a member of the Moot
Court Board. Mr. Wierzbowski also won Best Brief and
was the Best Overall Competitor in the 2001-2002 Giles
S. Rich Intellectual Property Law Moot Court
Competition. Mr. Wierzbowski is admitted to the New
York State Bar.
Mr. Wierzbowski focuses his practice on class
actions on behalf of defrauded investors and consumers.
He primarily represents mutual fund investors in actions
involving the improper market timing and late trading of
mutual fund shares in In re Mutual Funds Investment
Litigation, MDL No. 1586 (D. Md.), and in actions
alleging that mutual fund companies and brokerage
houses are charging their clients excessive fees and
commissions.
A
NDREW
W
ILMAR
graduated magna cum laude
and with distinction from Yale University in 1996, where
he majored in political science and philosophy. In 2001,
Mr. Wilmar graduated from Harvard Law School, where
he was an executive editor for the Harvard Civil Rights-
Civil Liberties Law Review, and a finalist in the Ames
Moot Court Competition. He was also named Best
Oralist by a panel of state and federal judges during the
semi-final round of the Ames Competition. Prior to
joining Milberg Weiss, he was a law clerk to the
Honorable Robert L. Carter of the United States District
Court for the Southern District of New York.
Mr. Wilmar’s practice is focused primarily on class
actions on behalf of defrauded investors and consumers,
as well as complex mass torts. Mr. Wilmar is a member
of the New York Bar.
R
ACHEL
W
INTTERLE
earned her B.A. degree
from the University of Wisconsin in 1991, her M.A.
degree from American University in 1994, and her J.D.
degree from Tulane University School of Law in 2002.
Ms. Wintterle concentrates her practice primarily in the
area of healthcare litigation. Ms. Wintterle is also active
in pro bono work and teaches a weekly Street Law
program in the New York City public school system.
Ms. Wintterle is a member of the American Bar
Association, New York State Bar Association and the
Louisiana State Bar Association. Ms. Wintterle is
admitted to practice in the courts of the States of
Louisiana and New York.
Firm Résumé 43


                                                              Page 63
E
XHIBIT
E
                                                                                                     Page 64
BIOGRAPHICAL SKETCH OF WOLF POPPER LLP
Wolf Popper LLP ("Wolf Popper" or "the Firm") is a nationally recognized firm of
twenty attorneys with expertise in the field of securities and consumer class actions and
securities derivative actions. Since the Firm was founded in 1945, Wolf Popper has been a
leader in efforts to protect the interests of defrauded investors and consumers, prosecuting
hundreds of actions under federal and state laws throughout the United States. The Firm’s
efforts have resulted in the recovery of billions for aggrieved parties.
The Firm also has a substantial practice in -antitrust and corporate and commercial law.
Wolf Popper’s commercial litigation practice encompasses the repre-sentation of defendants as
well as plaintiffs. The Firm’s corporate practice includes business transactions, intellectual
property, and the law of foreign missions. Among the Firm’s clients are domestic and
international individuals and businesses, and foreign missions to the United Nations.
The Firm’s members have been on the faculty of the Practicing Law Institute and are
active members in a variety of professional legal associations, including serving on or chairing a
number of committees of such associations. The Firm’s members include graduates from the
law schools of Harvard, Columbia, and New York University, and many of the Firm’s members
have written extensively on a variety of subjects for numerous professional associations and
legal periodicals. Many of the Firm’s current and former members have held responsible
positions in government both at the federal and the state level. For example, Benedict Wolf
(now deceased) was the First Secretary and Chief Trial Examiner of the National Labor
Relations Board, and Martin Popper (now deceased) was a consultant to the U.S. Delegation to
the Founding Conference of the United Nations and was vice-president of the Consular Law
Society.
Wolf Popper has an exemplary record in its representation of plaintiffs, and the skill and
experience of the attorneys at the Firm have been repeatedly recognized by Courts throughout
the country. In recognition of its high standing at the bar, Courts have frequently appointed Wolf
Popper to serve as lead or co-lead counsel in complex, multi-party actions, including securities
and antitrust actions.
Cornerstone Research has rated Wolf Popper LLP number one among the ten "most
dominant" plaintiffs’ securities firms in median recoveries as a percentage of estimated damages
since passage of the Private Securities Litigation Reform Act in 1995 and was ranked by
Institutional Shareholder Services the third most successful plaintiffs’ securities firm in 2003
based on total average recoveries per settlement ($34,883,333).
- A sample of some of the outstanding recoveries achieved by the Firm is described
below.
Securities Actions:
•
In Thurber v. Mattel, Master File No. CV-99-10368-MRP(CWx) (C.D. Cal.)
(§10(b) claims) and Dusek v. Mattel, Master File No. CV-99-10864-MRP(CWx) (C.D. Cal.)
(§14(a) claims), Wolf Popper was a member of the Executive Committee of Plaintiffs’ counsel,
but was also specifically appointed by the Federal Court to have primary responsibility for the


                                                                                                     Page 65
prosecution of the Dusek v. Mattel §14(a) claims. After more than three years of extremely
hard-fought litigation, including two rounds of motions to dismiss, the production of millions of
documents, and the taking or defending of more than 40 depositions, both cases settled for the
aggregate sum of $122 million, with $61 million allocated for the Dusek v. Mattel §14(a) claims,
believed to be the largest settlement of a § 14(a) case. Upon approving the settlement, the Judge
complimented counsel saying that the settlement was an "awfully good result." The Judge also
specifically found that "Wolf Popper LLP vigorously prosecuted the Dusek action and zealously
represented the interests of the Dusek class members" and that Wolf Popper zealously performed
in a "very capable and professional manner."
•
Wolf Popper LLP was a co-lead settlement counsel for the plaintiff class in In re
Service Corporation International, Civil Action No. H-99-280 (S.D. Tex.). The action alleged
that defendants made material misrepresentations in connection with Service Corp.'s January
1999 stock-for-stock acquisition of Equity Corp. International. Based on the strength of the
amended complaint, and presentation at mediation sessions, Wolf Popper recovered $63 million
for the plaintiff class. The settlement, approved in 2004, was an extraordinary recovery
inasmuch as there were no allegations of insider trading, an SEC investigation, or an accounting
restatement, and the District Court had spent over four years deliberating over defendants'
motion to dismiss the complaint, lessening plaintiffs' leverage in settlement negotiations.
•
In Stanley v. Safeskin, Lead Case No. 99cv454-BTM(LSP) (S.D. Cal.), Wolf
Popper served as Court-appointed Co-lead Counsel for Plaintiffs, in which the Court approved a
$55 million settlement in favor of plaintiffs on March 20, 2003. The Honorable Barry T.
Moskowitz thereafter complimented Plaintiffs’ Co-Lead Counsel, noting his "incredible respect
for the work that the lawyers did." Describing Plaintiffs’ counsel as "highly skilled in these
cases," Judge Moskowitz commented that he was "kind of looking forward to trying this case,
because it would have the best lawyers in the country trying this case. . . ." The Court
subsequently further complimented Co-Lead Counsel, stating that "competency is too weak of a
word -- the extraordinary ability of these firms * * * I really thought that the Plaintiffs’ law firms
in this case not only had extraordinary ability to deal with the complicated factual issues -- and it
certainly was a difficult case, and you should be applauded in that regard." Paying Plaintiffs’
Co-Lead Counsel perhaps an ultimate compliment, the Court further said, "From the plaintiffs’
perspective -- and I say this for all the firms -- you handled it on a much higher plane, probably
on a textbook or ideal plane. If they would teach people how it should be done in law school,
this would be the example of, how the lawyers handle this case."
•
In Buxbaum v. Deutsche Bank, A.G., 98 Civ. 8460 (JGK) (S.D.N.Y.), Wolf
Popper recovered $58 million as co-lead counsel in a major securities fraud action against
Deutsche Bank, A.G. and its senior officer. The action alleged that Deutsche Bank defrauded
Bankers Trust shareholders by misrepresenting the status of takeover negotiations for Deutsche
Bank to acquire Bankers Trust. The District Court’s opinion denying defendants’ motion to
dismiss is reported at Fed. Sec. L. Rep. (CCH) ¶90,969 (S.D.N.Y. 2000). The decision denying
defendants’ motion for summary judgment is reported at 2002 U.S. Dist. LEXIS 1893 (S.D.N.Y.,
Jan. 30, 2002). The $58 million recovery, obtained on the eve of trial, was equivalent to
approximately 48% of the class’ maximum possible recovery, and approximately 96% of the
class ’ most likely recovery.


                                                                                                         Page 66
•
In In re Sunbeam Sec. Litig., 98-8258-Civ.-Middlebrooks (S.D. Fl.), Wolf Popper
was appointed co-lead counsel. The case was brought against Sunbeam, its auditors, and former
officers and directors of the company, including "Chainsaw" Al Dunlap. Plaintiffs reached a
partial settlement with Sunbeam’s auditors, Arthur Andersen, for $110 million - one of the
largest settlements ever with an accounting firm in a securities class action - and reached a
separate settlement with the individual defendants that included more than $18 million in cash
plus a separate $13 million recovery from the company’s excess insurance policies.
•
In In re Providian Financial Sec. Litig., MDL No. 1301 (E.D. Pa.), Wolf Popper
was co-lead counsel for the plaintiff class and obtained a $38 million recovery from the
defendants. The Court, in approving the settlement in June 2002, remarked on the "extremely
high quality" and "skill and efficiency" of plaintiffs’ counsel’s work, which the Court stated it
had seen throughout the litigation. The Court also noted the "extremely high quality" of Wolf
Popper’s work is reflected in the result which it obtained and in the fact that it is a nationally
prominent firm with extensive experience in the field.
•
Wolf Popper was co-lead counsel in In re FTD.com, Inc. Shareholder Litigation,
C.A. No. 19458-NC (Del. Ch.), an action in Delaware Chancery Court that alleged that members
of the board of directors of FTD.com abused their control of the company by taking FTD.com
private under terms advantageous to them but not to FTD.com's public shareholders. After
mediation, co-lead counsel obtained a $10.7 million recovery, which came to more than 99% of
the damages claimed by members of the class.
•
In Danis v. USN Communications, Inc., No. 98 C 7482 (N.D. Ill., May 30, 2001),
the Court recently approved a settlement Wolf Popper obtained of approximately $45 million for
investors, expressly thanking Plaintiffs’ co-lead counsel "for all the work you have done and
constructive results."
•
In an arbitration before a court appointed arbitrator in Retsky Family Limited
Partnership v. Price Waterhouse LLP, No. 97 C 7694 (N.D. Ill., June 18, 2001), after a full
hearing and several days of testimony, the arbitrator awarded plaintiffs the total damages
claimed, $14 million.
•
Wolf Popper achieved a benefit of over $50 million in the settlement of the
litigation over the merger of the American Stock Exchange and the NASD in Philipson v.
American Stock Exchange, 98 Civ. 4219 (DC) (S.D.N.Y., Transcript of Proceedings, February
18, 1999, at 8-11), in which the the Court complimented the Firm for its "terrific job" in
negotiating a "substantial [recovery]."
•
Wolf Popper was co-lead counsel in In re Chambers Development Co. Sec. Litig.,
C.A. No. 92-0679 (W.D. Pa.) that resulted in a $95 million cash settlement for the class in 1996.
•
Wolf Popper was the Chair of Plaintiffs’ Executive and Scheduling Committees
in the con-solidated litigation arising out of the national scandal at Wedtech Corporation. In re
Wedtech Sec. Litig., M 21-36 (LBS) MDL 735 (S.D.N.Y.). The action was settled in 1992 for
$77.5 million, one of the then largest settlements in a securities fraud action.


                                                                                                      Page 67
•
Wolf Popper served as co-lead counsel in In re Prime Motor Inns Shareholder
Litig., Master File No. 90-87 (DRD) (D.N.J.) which resulted in a settlement of $21.6 million for
the class. At the conclusion of the case in 1993, Judge Debevoise complimented plaintiffs’
counsel, stating, "The plaintiffs’ attorneys have performed their work aggressively, skillfully and
with good effect."
•
Wolf Popper served as a member of Plaintiffs’ Executive Committee and as
Plaintiffs’ Lead Settlement Counsel in In re Gulf Oil/Cities Service Tender Offer Litig., 82 Civ.
5253 (MBM) (S.D.N.Y.), where a settlement of $34 million, achieved only after the case was
fully prepared for trial, was approved by the Court in May 1992.
•
Wolf Popper was the plaintiffs’ co-trial counsel in Bella Abzug, et ano. v.
Kerkorian, et al., CA 000981, Superior Court, Los Angeles, California, which was settled during
trial in October 1990 for $35 million.
•
Wolf Popper was the plaintiffs’ co-lead counsel in a litigation that resulted in the
then largest recovery in the history of securities class actions. In In re The Standard Oil
Company/British Petroleum Litig., Consolidated Case No. 12676, Court of Common Pleas,
Cuyahoga County, Ohio, plaintiffs’ counsel negotiated and obtained a benefit for the class in
excess of $600 million. In its ruling which approved in full counsels’ application for attorneys’
fees, the Court commented favorably on the quality of co-lead counsel:
The professional skill required to achieve the resultant benefits to this Class has
been evidenced on nearly a daily basis by this Court.
As a result of this professional skill and excellent representation, these benefits to
the Class would not have otherwise been achieved.
The Court has fully weighed in its decision the benefits bestowed on the Class.
At this juncture the Court finds that the benefit is unprecedented.
•
Wolf Popper was co-lead counsel in the case producing the largest recovery in a
securities class action prior to the Standard Oil litigation. In Joseph, et al v. Shell Oil Company,
et al., Consolidated Civil Action No. 7450 (Del. Ch., April 19, 1985), the plaintiff stockholders
successfully petitioned the Delaware Chancery Court to enjoin the proposed merger of Shell Oil
Company and Royal Dutch Petroleum Company, 482 A.2d 335, Del. Ch. 1984). In approving
the $205 million recovery in the Shell Oil Litigation, Vice Chancellor Maurice Hartnett stated:
"The results achieved in this case for the class are outstanding."
•
Wolf Popper played a major role in representing the rights of shareholders in the
notorious Boesky/Drexel/Milken trading scandal involving Ivan F. Boesky, Dennis B. Levine,
Kidder Peabody & Co. Incorporated, Goldman, Sachs & Co., Drexel, Michael R. Milken, and
others. These actions arose from the illegal use by various individuals of non-public information
about publicly traded corporations, conveyed to them from high level executives at these large
investment firms, to reap illicit profits for personal gain. Wolf Popper was appointed co-lead
counsel in several of these actions, including the Boesky insider trading class litigation pending
in the Southern District of New York, to represent classes of shareholders who suffered losses as
a result of these illicit activities. In re Ivan F. Boesky Sec. Litig., MDL 732, MDL-21-45-MP


                                                                                                        Page 68
(S.D.N.Y.). The Firm is also one of the lead counsel in the Drexel/Milken litigation also pending
in the Southern District of New York. In re Drexel Burnham Lambert Group Inc., et al.,
Debtors, 90 Civ. 6954 (MP), 90-B-10421 (FGC) (S.D.N.Y.). After intensive litigation, the Firm
helped recover in excess of $800 million for investors. In the global settlement of these Milken
related litigations, the Court specifically certified a worldwide class of investors after notice was
given throughout the world, in addition to publications in newspapers worldwide.
•
Wolf Popper was a court-appointed co-lead counsel representing a class of
Salomon Brothers securities purchasers who brought an action under the federal securities laws
arising out of violations of rules of the United States Department of the Treasury in connection
with certain auctions of government securities, In re Salomon Brothers Inc. Sec. Litig., 91 Civ.
5442 (RPP) (S.D.N.Y.). The litigation ultimately settled for over $54 million.
•
The Firm was co-lead counsel for plaintiffs in litigation involving the alleged
"greenmail" of Walt Disney Company by Saul Steinberg and his Reliance Group, Heckmann v.
Ahmanson, C.A. 000851 (Superior Court, Cal.) (co-lead counsel for derivative actions). There
the Los Angeles Superior Court in September 1989 approved a settlement providing for a cash
payment of $45 million plus the therapeutic benefit of the termination of certain defendants’
claim for rescission which potentially would have cost the company in excess of a billion dollars.
Numerous other cases in which the Firm acted as sole lead or co-lead counsel for
plaintiffs resulted in multi-million dollar settlements in favor of plaintiffs, including, for
example: In re Grand Casinos, Inc. Sec. Litig., Master File No. 4-96-890 (JRT/RLE) (recovery of
$9 million approved in August 2001, in one of the very early decisions under the Private
Securities Litigation Reform Act of 1995, the court sustained various claims finding that
plaintiffs met rigorous pleading standards of the then new Act, 988 F. Supp. 1270 (D. Minn.
1997)); Jonas v. Aspec Technology, Inc., Lead Case No. CV775037 (Superior Court of the State
of California, County of Santa Clara (recovery of $13 million, plus 1.75 million shares of stock
approved in 2001); In re Adac Laboratories Sec. Litig., Master File No. C-98-4934-MHP
(settlement of $20 million approved in 2000); In re Exide Corp. Sec. Litig., 98-CV-60061-AA
(E.D. Mich., September 2, 1999) (recovery of $10.25 million); In re Archer Daniels Midland Co.
Securities Litigation, (C.D. Ill.) ($30 million recovery for the class approved in 1997); In re JWP,
Inc. Sec. Litig.,Master File No. 92 Civ. 5815 (S.D.N.Y.) (recovery of $36.2 million from
officers, directors, and outside auditors, approved in 1996); Polikoff v. Eamer, Case No.
BC039354 (Superior Court, Los Angeles, Cal.) (recovery of $11 million, plus equitable and
therapeutic relief in 1996); PS Group Inc. Sec. Litig., Master File No. 93-2046 (C.D. Ill., October
1995) (settlement of $5 million in 1995); In re Pacific Enterprises Sec. Litig., CV920841 JSL
(EEx) (C.D. Ca., March 28, 1994) (recovery of $35 million approved in 1994)(where the Judge
complimented plaintiffs’ co-lead counsel as being "outstanding lawyers" who "could not be
improved on for this kind of litigation," and "this group of lawyers merits [respect]."); In re
American Business Computers Corporation Securities Litigation, Docket No. MDL 913 (CLB)
(S.D.N.Y.) (settlement for cash and stock valued at $6.5 million); In re McDonnell Douglas
Equipment Leasing Securities Litigation, MDL No. 873 (S.D.N.Y.)($16 million recovery
approved in October 1993, in which Court described the Firm as "experienced and competent
counsel"); In re: Fleet/Norstar Securities Litigation, C.A. No. 90-0173-B (FJB)(D.R.I.) ($6
million recovery); In re Marion Merrell Dow Inc. Securities Litigation, Master File
No. 92-0609-CV-W-6 (W.D. Mo.) ($13.85 million recovery); Hwang v. Smith Corona Corp.,
CA B 89-450 (TFGD) (D. Conn.) ($24.5 million recovery); Pill v. Metromedia, (Del. Ch. Court)


                                                                                                       Page 69
($16.5 million settlement ); Watkins v. Beatrice, (Del. Ch. Court) ($190 million recovery); In re
International Systems & Controls Sec. Litig., MDL 440 (S.D. Tex.) (recovery for the class
members of 100% of their damages); American Southwest Mortgage Sec. Litig., Civ. 89-462
TUC RMB (D. Az. 1992) (recovery of $5.2 million in 1992); Seidman v. Stauffer Chemical Co.,
(D.Conn.) ($11.6 million settlement); Flohr v. Borman’s, (S.D.N.Y.) (recovery for the class
members of over 90% of their damages); In re Elscint, Ltd. Sec. Litig., MDL 675 (D. Mass.)
(recovery of approximately $12 million); and Zinberg v. Washington Bancorp, Inc., (D.N.J.)
(recovery for the class members of 200% of their damages); In re Philips N.V. Sec. Litig.,
Master File 90 Civ. 3044 (RPP) (S.D.N.Y.) (recovery of $9.25 million); Rand v. Lorimar, 88
Civ. 3179 (LLS) (S.D.N.Y.) (recovery of $6 million approved in 1990); In re Jefferson Smurfit
Corporation Shareholders’ Litig., consolidated C.A. No. 11006 (Del. Ch.) (recovery in 1990 of
$10.7 million plus additional equitable relief); In re National Education Corp. Sec. Litig., Master
File No. SACV-89-405-AHS (RWRX) (C.D. Cal.) (settlement of $11.5 million approved in
August 1990); In re Phillips Petroleum Sec. Litig., Master File No. Misc. 85-75-MMS (D. Del.)
(settlement of $6.7 million in 1990); Fine, et al. v. Houston Oil Trust, et al., C.A. No. H-82-551
(S.D. Tex.) (a securities class action settled for approximately $45 million); In re Beverly
Enterprises Sec. Litigation, Master File No. CV-88-01189 (RSWL) (Tx) (C.D. Cal.) (securities
fraud action settling for $9.9 million); In re Tenneco Inc. Sec. Litigation, Master File No.
H-912010 (S.D. Tex.) (securities fraud action settling for $50 million); In re Telerate, Inc.
Shareholders Litigation, Civil Action No. 1115 (consolidated) (Del. Ch.) (action challenging
corporate takeover, resulting in acquiror paying additional $3 per share); In re Henley
Manufacturing Corporation Shareholders Litig., Consolidated Civil Action No. 10445 (Del. Ch.)
(class recovery of $10 per share increase in tender offer price, a $26 million benefit, plus
additional therapeutic benefits, approved February 13, 1989); In re Kaypro Corporation
Shareholder Litig., Master File No. 84-2091 N(M) (S.D. Cal.) (partial settlement of $9.25 million
approved in 1988); Rand v. Lorimar Telepictures Corp., 88 Civ. 3179 (LLS) (S.D.N.Y.) (an open
market securities fraud action which settled for $6 million); Grobow v. Dingman, Civil
No. 575076 (Superior Court, Cal.) and Civil No. 87-0889 JLI (IEG) (S.D. Cal.) (settlement,
comprised of monetary and equitable relief, valued by experts at in excess of $52 million, of
federal and state class and derivative actions approved in September 1987); In re E.F. Hutton
Banking Practices Litig., MDL No. 649 (WK) (settlement of $8 million approved
March 3, 1988); Weinberger v. Shumway, Civil No. 547586 (Superior Court., Cal.) (derivative
settlement in 1986 comprised of damages and equitable relief valued at in excess of $20 million);
In re Saxon Sec. Litig., 82 Civ. 3103 (S.D.N.Y.) (class recovery of $20 million); Rubenfeld and
Polikoff v. Harte-Hanks Communications, Inc. Civil Action Nos. 7558, 7565 (Del. Ch.)
(recovery of approxi-mately $9 million in 1984); Bacine v. Scharffenberger, C.A. 7862 (Del.
Ch.) (settlement in 1985 resulted in a reduction of $10 million in "golden parachute" payments in
connection with the liquidation of City Investing Co.); In re Itel Sec. Litig., C-79-2168A (N.D.
Cal.) (class recovery of $40 million); In re United States Surgical Corporation, (D. Conn.
No. B-83-775) (recovery of $6.1 million); and In re Digital Equipment Corporation Sec. Litig.,
Master File No. CA 83-3255 Y (D. Mass.) (class recovery of $9 million).
Consumer Class Actions:
Wolf Popper’s strong presence in prosecuting class actions on behalf of defrauded
consumers has similarly resulted in the return of millions of dollars to thousands of victims of
unfair business practices. These litigations in which the Firm served as sole lead or co-lead
counsel include, among others:


                                                                                                      Page 70
•
Taylor v. American Bankers Insurance Group, Inc., 700 N.Y.S.2d 458 (App. Div.,
1
st
Dept.1999), in which the Firm successfully defended against an appeal by defendants of the
certification of a nationwide class on behalf of consumers who alleged that defendants had
violated §§349 and 350 of the General Business Law by misleading consumers about the
purchase of insurance and improperly denying insurance claims. The Firm achieved a complete
recovery for class members as defendants agreed to pay class members’ disputed coverage
claims in full, as well as revise their solicitations to prevent a recurrence.
•
Champod v. Iomega Corp., No. 98/600887 (Sup. Ct, N.Y. Cty. 1999), in which
purchasers of computer storage devices alleged that the product could not read certain tapes that
it was advertised as being capable of reading, and that they were improperly charged for
customer assistance calls. The Firm achieved a settlement that provided a software fix to correct
the problem with reading the tapes or, if not corrected, ultimately provided for a return of the
product; the Firm also obtained a refund of 50% of the charges for the customer assistance calls.
•
Princeton Economics Group, Inc. v. American Telephone & Telegraph
Company, Civil Action No. L-91-3221 (N.J. Super. Ct. 1995), the largest class action ever
brought in New Jersey State Court. The action, based upon AT&T’ s marketing and sales of a
telephone system that it advertised as well suited to small businesses because of its "conference
call" features, revealed that the phone system did not function as advertised. The participants to
calls could not hear each other because the conference feature lacked amplification. This
litigation resulted in a settlement valued by the Court at $85-90 million. At the conclusion of the
case, the Court noted the complexity and difficulty of the issues involved and favorably
commented that, "[i]f not for the skill and experience of class counsel, a settlement may not have
been reached or, if it had been reached, may have resulted in a significantly diminished recovery
for the class."
•
Tanzer v. HIP, (1997 WL 773695), in a unanimous decision obtained by the Firm,
the New York Court of Appeals, New York’s highest court, upheld a class action complaint on
behalf of insureds who had been denied medical insurance coverage. The Firm subsequently
obtained partial summary judgment against HIP for breach of HIP’s contract with its health
insurance subscribers for failing to reimburse the subscribers for anesthesia-related expenses in
conjunction with surgical procedures performed in New York State since June 7, 1993. Tanzer
v. HIP, Index No. 114263-95, slip op., January 27, 1999. Ultimately, a settlement was reached
which paid members of the class 100% of their damages.
•
Feinberg v. Empire Blue Cross-Blue Shield Consumer Litigation, 88 Civ. 2532
(RO) (S.D.N.Y.), in which participants in a Blue Cross Blue Shield medical insurance program
alleged that the program breached its contract with customers by paying subscribers amounts
below the "usual and customary" rates that it represented it would pay in its contract of
insurance. The action was ultimately settled with Empire agreeing to reimburse subscribers an
additional $8 million.
Antitrust Actions:
Wolf Popper’s antitrust department has represented plaintiffs nationwide in price fixing
cases and other violations of the federal antitrust laws. For example, in In the Matter of the
                                                                                                         Page 71
Ocean Shipping Antitrust Litigation, MDL 395 (S.D.N.Y.) Wolf Popper was co-lead counsel and
recovered over $50 million on behalf of transatlantic shippers of goods who brought an action
against the leading carriers of containerized shipping in the United States-Europe trade for
conspiracy to fix the charges made for shipping services. The Firm served as lead or co-lead
counsel in numerous other antitrust class actions, including: Wholesale Tobacco Distributors
antitrust litigation and in In re Milk Antitrust Litigation, 8l Civ. l963 (RO), (S.D.N.Y. l98l); In re
Bread Antitrust Litig., Master File No. CV-85-2013 (CPS) (E.D.N.Y.); In re Shopping Carts
Antitrust Litig., M.D.L. No. 451 (S.D.N.Y.) (multi-million dollar settlements in 1983 and 1984);
In re Wiring Device Antitrust Litig., MDL 33l (E.D.N.Y.) (where Chief Judge Weinstein
described counsel for the plaintiffs as "outstanding and skillful").
Environmental Or Health Actions:
The Firm’s strong commitment to and experience in class actions concerning
environmental or health matters is demonstrated by the Firm’s strong presence and important
roles in several cases arising from environmental disaster and health hazards. These include,
among other cases, In re Exxon Valdez Oil Spill Litigation, 3AN-89-2533 Civil (Sup. Ct.
Alaska) and A-89-095 Civil (D. Alaska) in which the jury awarded judgment for the plaintiffs in
the amount of $5 billion; In re Asbestos School Litigation, 83-0268 (E.D. Pa.); Holifield v. BP
America, Inc., CV-90-0722 RJX (C.D. Cal.); In re Johns-Manville Corporation, Debtors, 82 B
ll656-11676 (BRL) (Bkr. S.D.N.Y.); and Ross v. A. H. Robins, Inc., 77 Civ. l407 (CBM).
Trial Experience:
One of the reasons Wolf Popper maintains a favorable, formidable reputation is because
of the Firm’s demonstrated willingness to prosecute cases through trial in order to achieve a
favorable result for our clients. The Firm’s trial (and arbitration) experience includes, among
other cases:
•
Zuckerman v. FoxMeyer Health Corp., 3-96-CV 2258-L (N.D. Tex. 2002), where
Wolf Popper prosecuted a mini-trial before a former Magistrate Judge from the N.D. Cal. in the
context of an ADR Proceeding to determine a binding fair value of a settlement of the action.
Notwithstanding the fact that the defendant company was on the brink of insolvency (and
subsequently filed for bankruptcy), the company providing the initial layer of insurance coverage
was in liquidation, and the individual defendants were not wealthy, after presentation of the
evidence, the neutral arbiter determined that the settlement value of the action was $14,250,000.
•
In an arbitration before a court appointed arbitrator in Retsky Family Limited
Partnership v. Price Waterhouse LLP, No. 97 C 7694 (N.D. Ill., June 18, 2001), after a full
hearing and several days of testimony, the arbitrator awarded plaintiffs the total damages
claimed, $14 million.
•
The Firm served as arbitration counsel in 1997, 1998, and 1999 in several
extensive commercial arbitrations on behalf of an international airline.
•
Plaintiffs’ co-trial counsel in Abzug, et ano. v. Kerkorian, et al., CA 000981,
Superior Court, Los Angeles, California, which was settled during trial in October 1990 for $35
million.


                                                                                                         Page 72
•
The Firm was co-lead counsel for plaintiffs in litigation involving the alleged
"greenmail" of Walt Disney Company by Saul Steinberg and his Reliance Group, Heckmann v.
Ahmanson, C.A. 000851 (Superior Court, Cal.) (co-lead counsel for derivative actions). There
the Los Angeles Superior Court in September 1989 approved a settlement at trial providing for a
cash payment of $45 million plus the therapeutic benefit of the termination of certain defendants’
claim for rescission which potentially would have cost the company in excess of a billion dollars.
•
Citron v. E.I. duPont de Nemours & Co., Del. Ch. (Civil Action No. 6219), in
Delaware Chancery Court in which the Vice-Chancellor complimented plaintiffs’ counsel "for
the able way in which they presented the case," their "well-done" pre-trial briefs, and the "good
job" done.
•
Odmark v. Westside Bancorporation, Inc., No. C85-1099R (W.D. Wash.), settled
mid-way through trial in Seattle, Washington.
•
Co-trial counsel for a plaintiff class in Kreindler v. Sambo’s, 79 Civ. 4538
(WK)(S.D.N.Y.), which was settled during trial for $7 million.
•
Co-counsel for the plaintiff class in the successful trial of Sirota v. Solitron
Devices, Inc., 75 Civ. 1383 (CLB) (S.D.N.Y.), a complex securities fraud class action prosecuted
under §10(b) of the Securities Exchange Act of 1934. After an eleven-day trial, the jury brought
in a verdict for the plaintiff class on all issues of liability and damages which was sustained on
appeal. See Sirota v. Solitron Devices, Inc., 673 F.2d 566 (2d Cir. 1982).
•
Baum v. Centronics Data Computer Corp., 85-363-L (D.N.H.), settled after trial
had commenced in New Hampshire.
•
The Firm also has tried several other actions on behalf of plaintiff classes in
securities actions in Delaware and elsewhere.
Court Commentary On The Firm:
Throughout the history of the Firm, the Courts before whom Wolf Popper has appeared
have commented favorably and repeatedly on the ability, expertise, and performance of the Firm
and its members. A sampling of some of the praise the Firm has consistently received over the
course of its practice include the following cases:
•
In Dusek v. Mattel, Master File No. CV-99-10864-MRP (CWx) (C.D. Cal.), in
approving the settlement of the action along with a companion action, for $122 million, the
Judge, in her Findings of Fact and Conclusions of Law entered on November 6, 2003,
complimented counsel saying that "Wolf Popper LLP vigorously prosecuted the Dusek action
and zealously represented the interests of the Dusek Class members," and that Wolf Popper
performed in a "very capable and professional manner."
•
The Firm served as Co-Lead Counsel for plaintiffs in Stanley v. Safeskin, Lead
Case No. 99cv454-BTM(LSP) (S.D. Cal.), in which the Judge noted in approving a $55 million
settlement that "Plaintiffs’ counsel are highly skilled in these cases" and that he was "kind of


                                                                                                     Page 73
looking forward to trying this case, because it would have the best lawyers in the country trying
this case. . . ." The Honorably Barry T. Moskowitz subsequently further complimented Co-Lead
Counsel at a hearing on November 20, 2003, stating:
I think I learned more about the honorability of the firms and the competency --
and competency is too weak of a word -- the extraordinary ability of these firms
in handling the cost aspects of it, and expenses aspect of it, . . .I don’t think I’ve
seen lawyers so honest with the Court . . . .
I really thought that the Plaintiffs’ law firms in this case not only had
extraordinary ability to deal with the complicated factual issues -- and it certainly
was a difficult case, and you should be applauded in that regard.
***
And it’s not usual that the court sees lawyers behave -- we usually see
them behave well, but this is extraordinarily positive. And I wanted to make that
notation. . .I can -- come out of it having incredible respect for the work that the
lawyers did in this case.
***
From the plaintiffs’ perspective -- and I say this for all the firms -- you handled it
on a much higher plane, probably on a textbook or ideal plane. If they would
teach people how it should be done in law school, this would be the example of,
how the lawyers handle this case.
•
In approving the $10.25 million settlement of the In re Exide Corp. Sec. Litig.,
Case No. 98-CV-60061-AA (E.D. Mich., Transcript of Proceedings, September 2, 1999, at 34,
35-6), the Honorable George Caram Steeh complimented the Firm for its diligence and skill,
saying:
The court is satisfied indeed that the settlement that was reached in arm’s
length bargaining, that was undertaken only after very thorough preparation on
the part of plaintiff’s counsel. That the counsel itself was extremely competent
and considerable experience in pursuing such matters. . . .
***
So the court is satisfied that the attorneys on both sides of this litigation
should be commended for their effort and professionalism in developing and
presenting the issues and for their common sense in arriving at the settlement as it
has been presented to the court for confirmation.
•
In the In re Marketspan Corporation /LILCO Shareholder Litigation, Index No.
15731/98 (Sup. Ct., NY, Transcript of Proceedings, April 28, 1999, at 9), Justice Ute Wolff Lally
commended the Firm when he preliminarily approved a proposed settlement, stating:
Let me first state that having had the stipulation of settlement prior to
today, I have, of course, perused it at length, and I want to thank and I want to
commend the executive committee and the head law firm, Wolf Popper, in
adhering to the timetable which this Court has set in the various orders that have
been issued and in completing the discovery and the complex negotiations in
accordance with the Court’s order. The court appreciates that because it was an


                                                                                                    Page 74
enormously complex litigation, and I certainly commend you for reaching this
agreement.
•
In approving the proposed settlement of the litigation over the merger of the
American Stock Exchange and the NASD, Judge Denny Chin stated in Philipson v. American
Stock Exchange, 98 Civ. 4219 (DC) (S.D.N.Y., Transcript of Proceedings, February 18, 1999, at
8-11):
I’ve considered the papers and what I have heard today, and I find that the
settlement is fair, reasonable and adequate. . . . The recovery is substantial. There
is the $30 million for the seat market program. . . . There is the potential revenue
sharing, which I think at a reasonable estimate would be $20.7 million at least, . . .
.
So the benefits of the proposed settlement are substantial. * * * I think that the
benefits of the proposed settlement compare very well to any conceivable
reasonable potential recovery. * * * There are very experienced and very good
counsel on both sides. The negotiations were difficult and went on for quite a
long time. * * * So, having considered all those factors, I conclude that the
settlement is fair, reasonable and adequate and is approved.
***
Terrific job on both sides.
•
Judge Donna F. Martinez complimented the Firm when she approved the
settlement of a securities fraud action in Germano v. Cognitronics Securities Corp., Docket No.
3:93-CV-00539 (DFM) (D. Conn., Transcript of Proceedings, September 11, 1998, at 2, 3-4),
stating:
Your presentations. . .were extraordinary – extraordinarily thorough and
highly expert. . . .
***
The issues presented were complicated. They were difficult, and as we’ve
all said more than once now, they were bitterly and expertly fought.
***
You’ve ended a long piece of litigation. I know that there was hard work
involved not only in the litigation, but a lot of hard work and considerable number
of hours that went into the efforts to resolve the case, and you’re all to be
commended for your very, very excellent representation of your respective
clients.
•
In a securities fraud action against Caremark International, Inc. arising out the
company’s failure to disclose violations of state fraud statutes, the Firm served as Co-Lead
Counsel for plaintiffs and recovered $25 million on behalf of defrauded investors. The Court
complimented plaintiffs’ counsel on their handling of the case, stating:
Congratulations * * *I know [this case] was a complex piece of litigation. * * *
thank you very much for your efforts. I think the class and the defense were very
well represented.


                                                                                                 Page 75
In re Caremark International, Inc. Securities Litigation, Docket No. 94 C 4751 (Transcript of
proceedings, December 15, 1997, at 7-8).
•
In the investor actions arising out of the failed public offering involving In-Store
Advertising in which the Firm was co-lead counsel, Judge Peter K. Leisure, in approving a
settlement of $9.25 million, stated at the settlement hearing held on December 18, 1996:
Now, having reviewed the excellent work of counsel with regard to the
preparation of the papers, and the research that was done, and having conducted
independent research on the law, I am fully satisfied with the quality of the
lawyers’ work in this matter.
In re In Store Advertising Sec. Litig., Master File No. 90 Civ. 5594 (PKL) (S.D.N.Y., December
18, 1996)
•
Wolf Popper was lead counsel in Carpi v. McDonnell Douglas Capital Income
Fund-I, 90 Civ. 3448 (JMC) where $16.1 million in aggregate economic benefits or 95% of the
class damages was recovered for the class. Judge Cannella praised lead counsel in a decision
dated January 21, 1994, as follows:
Plaintiffs’ lead counsel has at all times demonstrated to this Court the highest
caliber of representation, measurable both in quantitative terms (i.e., the benefits
of the settlement to the class members), and in the professionalism, the timeliness,
and the thoroughness of lead counsel’s written submissions.
•
Wolf Popper was co-lead counsel in investor actions brought against Valley
National Bank of Arizona. Judge Robert C. Broomfield stated in approving a $10.8 million
settlement on January 31, 1994:
I commend counsel, particularly counsel who litigated this matter, on the quality
of their representation of their respective counsel. The quality of representation
was very high on behalf of all parties.
Hoexter, et al. v. Simmons, et al., No. CV-89-1069-PHX-RCB (D. Az.).
•
Judge James F. Holderman complimented counsel for the quality of their efforts
in In re Salton/Maxim Sec. Litig., Docket No. 91 C 7693 (N.D. Ill.), in which Wolf Popper was
Co-Lead Counsel, at the hearing approving the settlement and awarding counsel fees, the Court
stated:
I want to not only compliment you lawyers for the professionalism that
you showed in the course of reaching this compromise resolution, but I want to
compliment you on the professionalism that you showed during the course of the
litigation. This was a hard fought litigation. It was well briefed. The issues were
presented crisply. . . . [A]s a judge presiding over this case, it was a pleasure to
preside over it because of the skill and the quality of the lawyering on everyone’s
part in connection with this case.
                                                                                                      Page 76
•
Judge Dickinson R. Debevoise stated at the February 3, 1993 hearing at which he
approved the $21.6 million settlement in In re Prime Motor Inns Shareholder Litig., Master File
No. 90-87 (DRD) (D.N.J.):
The plaintiffs’ attorneys have performed their work aggressively, skillfully and
with good effect. I do not detect any duplication of work....The attorneys have
earned generous compensation.
•
Judge Leonard B. Sand of the Southern District of New York, in In re Wedtech
Sec. Litig., 21-46 (LBS) MDL 735 (S.D.N.Y.), in approving the settlement and counsel’s fee
application (in which the Firm was Chair of the Plaintiffs’ Executive and Scheduling
Committees in the con-solidated litigation), stated:
My observation has been that this litigation has at all times been conducted at a
very high-skilled professional level. I have had no sense in this case of
make-work activity or any sense that the matter was not pursued by all parties
diligently but not exces-sively . . . .
•
In the In re Gulf Oil/Cities Service Tender Offer Litig., 82 Civ. 5253 (MBM)
(S.D.N.Y.) litigation, where Wolf Popper served as Plaintiffs’ Lead Settlement Counsel and as a
member of Plaintiffs’ Executive Committee and in which a settlement of $34 million was
achieved only after the case was fully prepared for trial, the Honorable Michael B. Mukasey
stated to the Wolf Popper partner in charge of the case, at a hearing held on January 3, 1992, "to
the extent you have fiduciary obligations, you have discharged them magnificently in this case.
You have gotten the best settlement that you can negotiate for your client." Judge Mukasey
further stated in his Opinion and Order approving the settlement and awarding counsel fees:
[P]laintiffs’ counsel] did all the work on their own....class counsel consistently
have been skillful, resourceful and diligent without also being captious -- no mean
feat. They invested time and money in this case, and well deserve the payment
they request.
In re Gulf Oil/Cities Service Tender Offer Litig., Fed. Sec. L. Rep. (CCH) ¶ 96,845, at 93,391
(S.D.N.Y. 1992).
•
In the International Systems & Controls Sec. Litig., MDL 440 (S.D. Tx.) case,
Judge Black stated at the conclusion of the action that the quality of the plaintiffs’ lawyers was
"extraordinary." In Seidman v. Stauffer Chemical Co., B-84-543 (D. Conn.) at the conclusion of
the case, Chief Judge Daly remarked, in approving the $11.6 million settlement, that plain-tiffs’
co-lead counsel had acted throughout the litigation "...in accord with the highest standards of the
bar, and it was a pleasure to deal with you and to listen to you, and to review your work...".
•
Judge Nicholas H. Politan stated at the hearing approving the $4.25 million
settlement in In re Electro-Catheter Corporation Sec. Litig., Civil No. 87-4l (D.N.J. September 7,
l989), in which the Firm was co-lead counsel:


                                                                                                      Page 77
I’m satisfied that counsel in this case are highly competent, very skilled in
this very specialized area and were at all times during the course of the litigation
that I participated in, which was perhaps the major portion of the Court litigation
here, always well prepared, well spoken, and knew their stuff and they were a
credit to their profession. They are the top of the line. It is good to see
top-of-the-line people come in here and top-of-the-line people should be paid
top-of-the-line fees. . . . I’m very satisfied with counsel. . . . I compliment them. .
..
•
At the settlement hearing held on September 30, 1985 in In re Saxon Sec. Litig.,
81 Civ. 3103 (S.D.N.Y.), in which the Firm served as co-lead counsel and achieved a recovery of
over $18 million, Judge Mary Johnson Lowe praised the quality of work performed in the case:
I have never had the pleasure of working with such an outstanding group of
attorneys. . . .
***
We had claims which aggregated many times the value of what was available, and
I think you were all just superb, and from this Court to all of the lawyers who
participated you have my admiration, my thanks -- and I don’t know what other
accolades I can give you other than that, but that is the way I feel about what
happened here, and I am very proud to be a lawyer to be associated with you.
__________
Lester L. Levy is the Chairman and Managing Partner of Wolf Popper LLP. He is a
graduate of Columbia Law School. Mr. Levy has prosecuted hundreds of class actions and has
recovered over one billion dollars for the class members he has represented. He is a recognized
expert in the specialized field of complex class action litigation and he has lectured in complex
litigation at the University of Illinois and the University of Miami Law Schools.
Mr. Levy's ability to prosecute sophisticated class actions successfully has often been the
subject of judicial recognition.
In Buxbaum v. Deutsche Bank, A.G., 98 Civ. 8460 (JGK) (S.D.N.Y.), Mr. Levy was
co-lead counsel for the class in a major securities fraud action against Deutsche Bank, A.G. that
recovered $58 million on behalf of defrauded Bankers Trust shareholders. The District Court’s
opinion denying defendants’ motion to dismiss is reported at Fed. Sec. L. Rep. (CCH) ¶ 90,969
(S.D.N.Y. 2000). The decision denying defendants ’ motion for summary judgment is reported
at 2002 U.S. Dist. LEXIS 1893 (S.D.N.Y. Jan 30, 2002). The $58 million recovery, obtained on


                                                                                                      Page 78
the eve of trial, was equivalent to approximately 48% of the class’s maximum possible recovery,
and approximately 96% of the class ’s most likely recovery.
In In re Providian Financial Securities Litigation, MDL No. 1301 (E.D. Pa), Mr. Levy
was co-lead counsel for the plaintiff class and obtained a $38,000,000 judgment from the
defendants. The Court, in approving the settlement in June, 2002, remarked on the "extremely
high quality" and "skill and efficiency" of plaintiffs’ counsel’s work, which the Court stated it
had seen throughout the litigation.
Judge James F. Holderman remarked on the quality of counsel's efforts in In re
Salton/Maxim Securities Litigation, Docket No. 91 C 7693, (United States District Court,
Northern District of Illinois), an action in which Mr. Levy was plaintiffs' co-lead counsel. At the
hearing approving the settlement, the Court stated:
I want to not only compliment you lawyers for the professionalism that you
showed in the course of reaching this compromise resolution, but I want to
compliment you on the professionalism that you showed during the course of the
litigation. This was a hard fought litigation. It was well briefed. The issues were
presented crisply. . . . [A]s a judge presiding over this case, it was a pleasure to
preside over it because of the skill and the quality of the lawyering on everyone's
part in connection with this case.
Mr. Levy was co-lead counsel in one of the largest class actions brought in New Jersey
State Court, Princeton Economics Group, Inc. v. American Telephone and Telegraph Company,
(N.J. Super. Ct. 1995). That case resulted in a settlement valued at $85-90 million. At the
conclusion of the case, the Court noted the high level of skill possessed by class counsel and
stated that... "If not for the skill and the experience of class counsel, a settlement may not have
been reached or, if it had been reached, may have resulted in a significantly diminished recovery
for the class."
Mr. Levy also headed the class action litigation in the State of New York against
American Bankers Ins. Group Inc. He obtained a nationwide class [Taylor v. American Bankers
Ins. Group Inc., 700 N.Y. S. 2d 458 (1st Dept. 1999)] and achieved a complete recovery for class
members as the defendant agreed to pay the class members' disputed coverage claims in full. The
defendant also agreed to revise its solicitations to prevent a recurrence.


                                                                                                      Page 79
Mr. Levy was plaintiffs' co-lead counsel in Seidman v. Stauffer Chemical Co., B-84-543
(United States District Court, District of Connecticut) where at the successful conclusion of the
case, Chief Judge Daly remarked that plaintiffs' co-lead counsel had acted throughout the
litigation "...in accord with the highest standards of the bar, and it was a pleasure to deal with
you
and to listen to you, and to review your work...".
Mr. Levy played a leading role in the landmark Joseph v. Shell Oil Litigation, wherein
the plaintiff stockholders successfully petitioned the Delaware Chancery Court to enjoin the
proposed merger of Shell Oil Company and Royal Dutch Petroleum Company. At the conclusion
of the litigation, which resulted in a $205,000,000 recovery for the class, the Court said that "the
results achieved in this case for the class are outstanding".
In In re Fidelity Medical, Inc. Securities Litigation, 92-1908 (United States District
Court, District of New Jersey), where Mr. Levy was a member of plaintiffs' Executive
Committee that
prosecuted the case, the Court at the conclusion of the case complemented counsel for their skill
and professionalism and thanked them for the way the litigation was conducted.
The periodical, Securities Class Action Alert, noted in reporting on the Borman's Inc.
class action, wherein Mr. Levy was the Class Counsel:
"Lester Levy of Wolf Popper Ross Wolf & Jones made short work of this case by
winning a quick handsome return for shareholders. In one of the highest payout ratios in
recent memory, eligible investors recovered 93% of the money they were deprived of.
Levy obtained the settlement in just 15 months and investors received their checks within
6 months after the claim deadline date!"
Securities Class Action Alert, p.60 (April 1991).
Other important class actions, wherein Mr. Levy was either lead counsel or co-lead
counsel include:
In re Archer Daniels Midland Co. Securities Litigation, United States District Court,
Central District of Illinois ($30 million recovery for the class);
Hwang v. Smith Corona Corp., et al, United States District Court, District Court of
Connecticut ($24.5 million recovery for the class);
Watkins v. Beatrice, Delaware Chancery Court ($190 million recovery for class);


                                                                                                       Page 80
In re Adac Securities Litigation, (United States District Court, Northern District of Calif.)
(recovery of approximately $20 million for the Class);
In re Caremark Securities Litigation, United States District Court, Northern District of
Illinois (recovery of $25 million for the class); and
Zinberg v. Washington Bancorp, Inc., (United States District Court, District New Jersey)
(recovery for the class members of 200% of their damages).
In 1997, Mr. Levy argued before the New York Court of Appeals in Tanzer v. Health
Insurance Plan of Greater New York, 91 N.Y.2d 850, 1997 WL 773695 (Dec. 17, 1997) and won
a unanimous decision upholding a class action complaint on behalf of insureds who had been
denied medical insurance coverage. Thereafter, the Class received 100% of their damages.
Mr. Levy has recently been appointed as co-lead counsel for the State of New Jersey in
Motorola Securities Fraud Class Action.
In addition to his trial experience, Mr. Levy serves as an arbitrator for the United States
District Court for the Eastern District of New York and is a member of the Panel of Arbitrators
of the American Arbitration Association. Mr. Levy is also active in charitable work. He has
received the Lifetime Trustee Award from the National Multiple Sclerosis Society for
"outstanding service to the MS community."
Robert M. Kornreich, a senior partner of the Firm, is a graduate of Columbia College
(B.A.), the School of Law of the State University of New York at Buffalo (1967, LL.B. --
member of the Buffalo Law Review) and New York University School of Law (LL.M.).
Following law school, he joined the Firm where he has concentrated in the area of securities
class and derivative litigation. He has been a senior member of the Firm since February 1984 and
has been a partner since 1979.
Mr. Kornreich has been lead or co-lead counsel in numerous successful securities class
action cases.
1.
For example, he was co-lead counsel for plaintiffs in the class action entitled In re
Digital Equipment Securities Litigation, CA 83-3255-Y (D. Mass.), in which a settlement
of $9 million was achieved.
2.
He was co-lead counsel in the class actions entitled In re McDonnell Douglas Equipment
Leasing Securities Litigation, MDL No. 873 (S.D.N.Y.) which was settled with cash
benefits to the classes in excess of $16,000,000.
3.
He was co-lead counsel in In Re JWP Securities Litigation, Master File No. 92 Civ. 5815
(WCC) (S.D.N.Y.), a securities class action which was settled in 1997 for approximately
$36,000,000.
He has argued appeals in many jurisdictions, including the New York Court of Appeals,
as well as, the D.C. Circuit, the Eleventh Circuit and the Sixth Circuit. His notable appellate
decisions include Barr v. Wackman, 36 N.Y. 2d 371 (1975); Lipton v. Documation, 734 F.2d
740 (11th Cir. 1984), and; In re Subpoena Served Upon the Comptroller of the Currency and the


                                                                                                      Page 81
Secretary of the Board of Governors of the Federal Reserve System, 967 F.2d 630 (D.C. Cir.
1992).
Mr. Kornreich was sole lead or co-lead counsel in the following notable recent class or
derivative action cases:
4.
In Re Sunbeam Securities Litigation, 98-8258-Civ., class action settlement in the
Southern District of Florida for $110 million with outside auditor, the second largest class
recovery against a public auditor;
5.
Berke v. Presstek, Inc., 96-347-M, class action settlement in the District of New
Hampshire for $22 million in stock;
6.
In re TCW/DW American Government Income Trust Securities Litigation, 95 Civ. 0167
(PKL), class action settlement for $30 million in the Southern District of New York;
7.
Retsky Family Limited Partnership v. Price Waterhouse LLP, 97 C 7694, class settlement
in Northern District of Delaware for $14 million after trial by award of arbitrator;
8.
Quintel Entertainment, Inc., 98 Civ. 3163 (WCC), class settlement in Southern District of
New York for $3.2 million;
9.
In Re Triarc Companies, Inc. Class and Derivative Litigation, 1576-NC, class and
derivative settlement in Delaware Chancery Court for $11 million in economic benefits.
Mr. Kornreich is a recognized expert in the field of securities litigation and has served as
Chair of the Committee on Securities and Exchanges of the New York County Lawyers'
Association from 1993 to 1997.
Marian P. Rosner is a senior partner in Wolf Popper LLP, ("Wolf Popper" or "the Firm").
She is the co-chair of the Firm’s securities litigation department and is a member of the executive
committee. Ms. Rosner is a graduate of New York University (B.A., 1970) and from Brooklyn
Law School (J.D., 1973). She served as an Assistant Corporation Counsel for the City of New
York Law Department, General Litigation Division, before joining Wolf Popper in 1976.
Ms. Rosner has litigated securities class actions for more than twenty-five years and is a
recognized expert in her field. A sample of the major class actions Ms. Rosner has successfully
litigated and the Court’s comments concerning her work are as follows:
•
In re WebSecure, Inc. Securities Litigation, 97-10662-GAO (D. Mass.).
In an


                                                                                                      Page 82
early precedent under the PSLRA, Ms. Rosner obtained an order from the court granting
discovery notwithstanding an anticipated motion to dismiss by the defendants. [1998 Transfer
Binder] Fed. Sec. L. Rep. (CCH) ¶ 90,112 (D. Mass. 1997) and successfully defended against
defendants' motion to dismiss (182 F.R.D. 364 (D. Mass. 1998). A substantial recovery was
obtained for the class, in spite of the bankruptcy of the corporate defendant.
•
In In re Cephalon Securities Litigation, 96 CV-0633 (E.D. Pa.), Ms. Rosner
prosecuted one of the first securities cases filed under PSLRA, on behalf of an institutional
investor. A $17 million settlement was obtained in a complex action against a biotechnology
company accused of misrepresenting test results of a Phase III clinical study of a drug to treat
ALS patients. In addition to successfully litigating the motion to dismiss (1997 WL 570918
(E.D. Pa. Aug. 29, 1997)), a precedent-setting decision regarding class certification was
obtained for a class broadly defined to include short sellers and option traders (Fed. Sec. L. Rep.
¶ 90,268 (E.D. Pa. Aug. 12, 1998).
•
Ms. Rosner litigated for two years until the eve of trial an investor class action in
Danis v. USN Communications, Inc., 98C 7412 (N.D. Ill.) where a recovery of $44.7 million
was achieved for the class. The settlement returned to class members 36% of maximum
provable damages where USN was bankrupt and the recovery was retained against venture
capital defendants and underwriters. The court’s decision denying defendants’ motion to dismiss
is reported at 73 F. Supp. 2d 923 (N.D. Ill. 1999).
•
Ms. Rosner achieved a benefit of over $50 million in the settlement of the
litigation over the merger of the American Stock Exchange and the NASD in Philipson v.
American Stock Exchange, 98 Civ 4219 (DC) (S.D.N.Y., Transcript of Proceedings, February
18, 1999, at 8-11), in which the Court complimented the Firm for its "terrific job" in negotiating
a "substantial [recovery]."
•
Ms. Rosner was co-lead counsel in In re Chambers Development Co. Sec. Litig.,
C.A. No. 92-0679 (W.D. Pa.) that resulted in a $95 million cash settlement for the class in 1996,
then one of the largest settlements in a securities fraud class action.


                                                                                                      Page 83
•
Ms. Rosner was the Chair of Plaintiffs' Executive and Scheduling Committees in
the con-solidated litigation arising out of the national scandal at Wedtech Corporation. In re
Wedtech Sec. Litig., M 21-36 (LBS) MDL 735 (S.D.N.Y.). Both institutional and private
investors brought separate actions along with numerous class actions and participated in the
$77.5 million settlement of the case, representing almost 67% of investor losses. Judge Leonard
B. Sand stated at the settlement hearing that "My observation has been that this litigation has at
all times been conducted at a very high-skilled professional level."
•
Ms. Rosner served as co-lead counsel in In re Prime Motor Inns Shareholder
Litig., Master File No. 90-87 (DRD) (D.N.J.) which resulted in a settlement of $21.6 million for
the class. At the conclusion of the case in 1993, Judge Debevoise complimented plaintiffs'
counsel, stating, "The plaintiffs' attorneys have performed their work aggressively, skillfully and
with good effect."
•
In the investor actions arising out of the failed public offering involving In-Store
Advertising in which Ms. Rosner was co-lead counsel, Judge Peter K. Leisure, in approving a
settlement of $9.25 million, stated at the settlement hearing held on December 18, 1996:
Now, having reviewed the excellent work of counsel with
regard to the preparation of the papers, and the research that was
done, and having conducted independent research on the law, I am
fully satisfied with the quality of the lawyers' work in this matter.
In re In Store Advertising Sec. Litig., Master File No. 90 Civ. 5594 (PKL) (S.D.N.Y., December
18, 1996)
•
Ms. Rosner was co-lead counsel in investor actions brought against Valley
National Bank of Arizona. Judge Robert C. Broomfield stated in approving a $10.8 million
settlement on January 31, 1994:
I commend counsel, particularly counsel who litigated this matter,
on the quality of their representation of their respective counsel.
Hoexter, et al. v. Simmons, et al., No. CV-89-1069-PHX-RCB (D. Az.).


                                                                                                          Page 84
•
Judge Nicholas H. Politan stated at the hearing approving the $4.25 million
settlement in In re Electro-Catheter Corporation Sec. Litig., Civil No. 87-4l (D.N.J. September 7,
l989), in which Ms. Rosner was co-lead counsel:
I'm satisfied that counsel in this case are highly
competent,very skilled in this very specialized area and were at all
times during the course of the litigation that I participated in,
which was perhaps the major portion of the Court litigation here,
always well prepared, well spoken, and knew their stuff and they
were a credit to their profession.
•
At the settlement hearing held on September 30, 1985 in In re Saxon Sec. Litig.,
81 Civ. 3103 (S.D.N.Y.), in which Ms. Rosner served as co-lead counsel and achieved a
recovery of over $20 million, Judge Mary Johnson Lowe praised the quality of work performed
in the case:
***
We had claims which aggregated many times the value of
what was available, and I think you were all just superb, and from
this Court to all of the lawyers who participated you have my
admiration, my thanks -- and I don't know what other accolades I
can give you other than that, but that is the way I feel about what
happened here, and I am very proud to be a lawyer to be associated
with you.
After three years of extensive litigation and discovery, Ms. Rosner has settled, subject to
final court approval, the class actions in Thurber, et al. v. Mattel, Inc. and Dusek, et al. v. Mattel,
Inc., No. CV-99-10864-MRP (CWx) for $122 million cash plus interest for investors in Mattel,
Inc.
Ms. Rosner had primary responsibility for Wolf Popper’s representation as Special
Advisory Counsel to the State of Wisconsin Investment Board in the Anicom litigation. Wolf
Popper conducted the investigation of plaintiffs’ claims including extensive interviews of
Anicom’s former employees and customers, and prepared the initial Amended Complaint. That
complaint was sustained by the District Court, leading to a global settlement of $30 million on
behalf of all claimants.


                                                                                                          Page 85
Ms. Rosner is a former member of the Federal Courts, Corporation Law, and Securities
Regulation Committees of the Bar Association of the City of New York. She has written and
lectured widely on issues involving securities litigation and accountants’ liability and has served
on the following panels:
(1)
CityBar Center for Continuing Legal Education, The Association of the Bar of the
City of New York, "Prosecuting Securities Class Actions & Derivative Suits",
May 13, 2004;
(2)
Practicing Law Institute ("PLI") on "Accountants’ Liability After Enron", May
20-21, 2002;
(3)
Practicing Law Institute ("PLI") Securities Seminar 1998, 1999, 2000;
(4)
May 8, 2001 and April 25, 2002 New York City Bar Association Seminar on
Securities Litigation;
(5)
Professional Liability Underwriting Society, "D&O Liability & Insurance Issues
Symposium" (January 22-23, 1998);
(6)
ALI-ABA Post Graduate Course in Federal Securities Law: "The Aftermath of
Securities Litigation Reform" (July 22-24, 1997);
(7)
PLI seminar on Sweeping Reform: Litigating & Bespeaking Caution Under the
New Securities Law (1996);
(8)
PLI 28th Annual Institute on Securities Regulation (1996);
(9)
Federal Bar Council Roundtable: "Private Securities Litigation, A New Life Form
Emerges" (October 23, 1996);
(10) PLI seminar on Accountants’ Liability (1988, 1993 and 1994);
(11) Federal Bar Council Roundtable: Ethics and Professionalism in Witness
Preparation and Depositions (March 22, 1994);
(12) American Bar Association 1993 summer meeting on the subject of RICO claims
against accountants after the Supreme Court decision in Reeves v. Ernst & Young
(1993);
(13) April 11, 2002 City Bar Center for Continuing Legal Education, Women in
Negotiation: Practical Tips to Strengthen Your Negotiation Skills (For You &
Your Clients).
Ms. Rosner is a member of the Board of Editors of the Securities Reform Act Litigation
Reporter and the Arbitration Panel of the Eastern District of New York.
Patricia I. Avery is a senior partner of Wolf Popper LLP. She holds a B.A. from New
York University (1973) and is a graduate of New York University School of Law (J.D., 1976),
where she was a staff member and then an editor of the Moot Court Board. Since graduation
from NYU, she has specialized in securities and other complex civil litigation, including
antitrust, consumer fraud, qui tam, and environmental. Ms. Avery has had sole or major


                                                                                                      Page 86
responsibilities for many leading decisions in the securities field and in the general area of
Federal Civil Procedure.
Since joining Wolf Popper in 1982, Ms. Avery has been involved principally in securities
(both derivative and class action) and antitrust litigation. In addition to playing major roles in
many of the leading decisions and substantial judgments obtained by the Firm over the years, she
has had sole or principal responsibility at the Firm for numerous securities and class action cases
in which the Firm was appointed lead or co-lead counsel for plaintiffs, including, among many
others:
•
Thurber v. Mattel, Master File No. CV-99-10368-MRP(CWx) (C.D. Cal.) (§10(b)
claims) and Dusek v. Mattel, Master File No. CV-99-10864-MRP(CWx) (C.D. Cal.)
(§14(a) claims), Wolf Popper was a member of the Executive Committee of Plaintiffs'
counsel, but was also specifically appointed by the Federal Court to have primary
responsibility for the prosecution of the Dusek v. Mattel §14(a) claims. After more than
three years of extremely hard-fought litigation, including two rounds of motions to
dismiss, the production of millions of documents, and the taking or defending of more
than 40 depositions, both cases settled for the aggregate sum of $122 million, with $61
million allocated for the Dusek v. Mattel §14(a) claims, believed to be the largest
settlement of a §14(a) case. Upon approving the settlement, the Judge complimented
counsel saying that the settlement was an "awfully good result." The Judge also
specifically found that "Wolf Popper LLP vigorously prosecuted the Dusek action and
zealously represented the interests of the Dusek class members" and that Wolf Popper
zealously performed in a "very capable and professional manner."
•
Stanley v. Safeskin, Lead Case No. 99cv454-BTM(LSP)(Consolidated) ($55
million settlement approved by the Court in March 2003, in which the Court
complimented plaintiffs’ co-lead counsel for their work, noting that plaintiffs’ co-lead
counsel "vigorously" and "diligently" prosecuted the case and "procured an exceptional
award for the class," and that they had a "great deal of experience in class action
litigation" and are "highly regarded in this area of the law." The Honorable Barry T.
Moskowitz complimented Plaintiffs’ Co-Lead Counsel in this case, handled by Ms.
Avery on behalf of Wolf Popper, noting his "incredible respect for the work that the
lawyers did." Describing Plaintiffs’ counsel as "highly skilled in these cases," Judge
Moskowitz commented that he was "kind of looking forward to trying this case, because
it would have the best lawyers in the country trying this case. . . ." The Court
subsequently further complimented Co-Lead Counsel, stating that "competency is too
weak of a word -- the extraordinary ability of these firms * * * I really thought that the
Plaintiffs' law firms in this case not only had extraordinary ability to deal with the
complicated factual issues -- and it certainly was a difficult case, and you should be
applauded in that regard." Paying Plaintiffs’ Co-Lead Counsel perhaps an ultimate
compliment, the Court further said, "From the plaintiffs' perspective -- and I say this for
all the firms -- you handled it on a much higher plane, probably on a textbook or ideal


                                                                                               Page 87
plane. If they would teach people how it should be done in law school, this would be the
example of, how the lawyers handle this case."
•
In re Grand Casinos, Inc. Sec. Litig., Master File No. 4-96-890 (JRT/RLE)
(settlement of $9 million approved in August 2001, one of the very early decisions
sustaining various claims brought under the Private Securities Litigation Reform Act of
1995, finding that plaintiffs met the rigorous pleading standards of the then new Act, 988
F. Supp. 1270 (D. Minn. 1997));
•
Jonas v. Aspec Technology, Inc., Lead Case No. CV775037 (Superior Court of
the State of California, County of Santa Clara (settlement of $13 million, plus 1.75
million shares of stock approved in 2001);
•
In re Adac Laboratories Sec. Litig., Master File No. C-98-4934-MHP (settlement
of $20 million in 2000);
•
Polikoff v. Eamer, Case No. BC039354 (Superior Court, Los Angeles, Cal.)
(settlement of $11 million, plus equitable and therapeutic relief in 1996);
•
PS Group Inc. Sec. Litig., Master File No. 93-2046 (C.D. Ill., October 1995)
(settlement of $5 million);
•
In re Pacific Enterprises Sec. Litig., CV920841 JSL (EEx) (C.D. Ca., March 28,
1994) (settlement of $35 million--where the Judge complimented plaintiffs' co-lead
counsel as being "outstanding lawyers" who "could not be improved on for this kind of
litigation," and "this group of lawyers merits it [respect].");
•
Abzug, et ano. v. Kerkorian, et al., CA 000981 (Superior Court, Los Angeles,
Cal.) (in which Ms. Avery was co-trial counsel in an action settled in 1990 during trial for
$35 million);
•
In re American Southwest Mortgage Sec. Litig., Civ. 89-462 TUC RMB (D. Az.
1992) (settlement of $5.2 million);
•
Grobow v. Dingman, Civil No. 575076 (Superior Court, San Diego, Cal.) and
Civil No. 87-0889 JLI (IEG) (S.D. Cal.) (settlement comprised of monetary and equitable
relief valued by experts at in excess of $52 million); and
•
Weinberger v. Shumway, Civil No. 547586 (Superior Court., Cal.) (derivative
settlement comprised of damages and equitable relief valued at in excess of $20 million).
Ms. Avery also has significant trial experience, serving as trial or co-trial counsel in
numerous cases. Ms. Avery was the sole lead trial counsel in the defense of a $100 million
arbitration on behalf of an international airline that was in arbitration hearings in 1998-1999,
successfully reducing damages 99% before settlement. She was also co-trial counsel in, among
other cases, Abzug, et ano. v. Kerkorian, et al, in Superior Court, Los Angeles, California, and
Citron v. E.I. duPont de Nemours & Co. in Delaware Chancery Court (co-trial counsel with a
senior partner of the Firm) in which the Vice-Chancellor complimented counsel "for the able
way in which they presented the case" and the "good job" done.
Ms. Avery was an annual contributor to the Survey of Securities Class Actions and
Derivative Suits, American Bar Association, Litigation Section, Securities Litigation Committee,


                                                                                                    Page 88
Subcommittee, from 1996 through 2001. She is also the co-author of "To Stay or Not to Stay,"
Practicing Law Institute (1996); "Selection of Lead Plaintiff Under the Private Securities
Litigation Reform Act of 1995," Practicing Law Institute (1996); as well as the co-author (or
ghost writer) of a number of other articles on securities law practice and procedure published by
the Practicing Law Institute;"The State Court Class Action--A Potpourri of Differences," The
Forum, ABA, Vol. XX, No. 4, Summer 1985; and "Proving Damages in Non-Class Securities
Cases," presented at the Commercial Law Section of the Association of Trial Lawyers of
America annual convention, July l986. She was admitted to the New York bar in January 1977,
and is admitted to numerous Federal Courts around the country, including the United States
Supreme Court, various U.S. Circuit Courts of Appeal (including the Second, Third, Fifth,
Seventh, Eighth, Ninth, and Eleventh Circuits), the Southern and Eastern Districts of New York,
the Northern District of Texas, and the Central District of Illinois.
Robert C. Finkel is a graduate of the Columbia Law School, Class of 1981 (where he was
a Harlan Fiske Stone Scholar), and the Wharton School of Business of the University of
Pennsylvania, Class of 1978, where he obtained a B.S. in accounting. Mr. Finkel has twenty
years of experience in securities and corporate litigation, with an expertise in accountants'
liability. He is admitted to the New York State Bar, the Bar of the United States District Court,
Southern and Eastern Districts of New York, Ninth Circuit Court of Appeals and the Tax Court
of the United States.
Mr. Finkel was an active participant in Wolf Popper's representation of the plaintiff
classes in:
•
In re Service Corp. International, Case No. H-99-280 (S.D. Tex.) ($65 million
recovery)
•
In re Providian Financial Securities Litigation, MDL 1301 (E.D. Pa.) ($38 million
recovery);
•
In re TCW/DW North American Government Income Trust, 95 Civ. 0167 (PKL)
(S.D.N.Y.) ($30 million settlement);
•
In re PictureTel Corp. Securities Litigation, ($12 million settlement);
•
In re National TechTeam Securities Litigation, Case No. 97-74587 (E.D. Mich.)
($11 million settlement);
•
In re Medical Resources, Inc. Securities Litigation, No. 97-5531 (WHW) (D.N.J.)
($5.75 million cash and note settlement);
•
In re Donnkenny Securities Litigation, 96-CV-8452 (MGC) (S.D.N.Y.) ($15
million cash and common stock proposed settlement);


                                                                                                    Page 89
•
Rand v. Lorimar Telepictures Corp., 88 Civ. 3179 (LLS) (S.D.N.Y.) (an open
market securities fraud action which settled for $6 million) and
•
Feinberg v. Empire Blue Cross-Blue Shield, 88 Civ. 2532 (RO) (S.D.N.Y.) (a
class action for breach of an insurance contract which settled for $8,800,000).
Mr. Finkel was also instrumental in the representation of plaintiff classes in:
•
In re Medical Care America, Inc. Securities Litigation, Civil Action No.
3-92-CV-1996-R (N.D. Tex.) ($60 million settlement);
•
In re Marion Merrell Dow Inc. Securities Litigation, Master File No.
92-0609-CV-W-6 (W.D. Mo.) ($13.85 million settlement);
•
In re American Business Computers Corporation Securities Litigation, Docket
No. MDL 913 (CLB) (S.D.N.Y.) (settlement for cash and stock valued at $6.5 million);
•
Lerch v. Citizens First Bancorp, Inc., Civil Nos. 90-3538, 90-4404 (D.N.J.) ($4.9
million settlement);
•
In re Columbia Securities Litigation, 89 Civ. 6821 (S.D.N.Y.) ($25 million
settlement);
•
In re In-Store Advertising Securities Litigation, Master File No. 90-CIV. 5594
(KC) (S.D.N.Y.) ($9.25 million settlement);
•
In re Ivan F. Boesky Securities Litigation, M 21-45 (MP), MDL Dkt. No. 732
(S.D.N.Y.);
•
In re Triarc Companies, Inc. Class and Derivative Litigation, Civil Action No.
15746-NC (Del. Ch.) (cash and stock option settlement having an estimated value of $11
million); and
•
In re The Drexel Burnham Lambert Group, Inc., Chapter 11 Case No. 90 B 10421
(FGC) (Bankr. S.D.N.Y.).
Among the reported decisions in which Mr. Finkel as appeared as counsel of record are:
•
In re Cephalon Securities Litigation, [1998 Transfer Binder] Fed. Sec. L. Rep.
90,268 (E.D. Pa. Aug. 12, 1998) (granting class certification of a class broadly defined to
include short sellers and option traders);
•
In re Anicom, Inc. Securities Litigation, [Current Binder] Fed. Sec. L. Rep.
91,458 (N.D. Ill. May 15, 2001) (denying defendants' motion to dismiss the complaint).
•
In re TCW/DW North American Government Income Trust Securities Litigation,
941 F. Supp. 326, 334 (S.D.N.Y. 1996); 1997 U.S. Dist. LEXIS 18485 (S.D.N.Y. 1997)
(denying defendants' motion to dismiss and motions to reargue, and granting class
certification);
•
In re Providian Financial Corporation Securities Litigation, 52 F. Supp. 2d 826
(E.D. Pa. 2001) (denying defendants' motion to dismiss);
•
In re Donnkenny, Inc. Securities Litigation, 171 F.R.D. 156 (S.D.N.Y. 1997)
(appointing lead plaintiff);
•
Chalverus v. Pegasystems, Inc., 59 F. Supp. 2d 26, 231 (D. Mass. 1999) (denying
defendants' motion for summary judgment;
•
In re Quintel Entertainment Securities Litigation, 72 F. Supp. 2d 283 (S.D.N.Y.
1999) (denying defendants' motion to dismiss).
                                                                                                   Page 90
Mr. Finkel's article entitled "Investor Oversight Over the Issuance of Stock Options," was
and "Recovering Damages for the Decline In Company – Issued Securities Under ERISA" have
been published in The New York Law Journal. Mr. Finkel has lectured on securities law before
the New York State Bar Association and the Practicing Law Institute.
Chet B. Waldman, born in the Bronx, New York, June 3, 1959, is a graduate of Cornell
University (A.B. 1982) and Boston University School of Law (J.D., 1985) where he was both a
G. Joseph Tauro Scholar and a Paul J. Liacos Scholar and was a member of the American
Journal of Law and Medicine. He was admitted to the bar in 1986 for the State of New York, the
United States District Court, Southern and Eastern Districts of New York in 1988, and the
United States Court of Appeals for the Fifth Circuit on May 22, 2000. Following law school, he
joined the New York office of Weil, Gotshal & Manges, where he was predominantly involved
in antitrust litigation. Since 1988, Mr. Waldman has been at Wolf Popper where he has
specialized in federal and state securities class actions and derivative litigation. Mr. Waldman
became a partner of the firm as of January 1, 1995. Mr. Waldman has been involved in litigating
numerous multi-district and consolidated actions including some of the more prominent cases in
which Wolf Popper has been involved. Among the cases litigated by Mr. Waldman are:
•
In re Chambers Securities Litigation, C.A. NO. 92-0679 (W.D. Pa.)
•
In re McDonnell Douglas Equipment Leasing Securities Litigation, MDL No. 873
(S.D.N.Y.)
•
In re Salomon Inc. Securities Litigation, 91 Civ. 5442 (S.D.N.Y.)
Reported decisions recognizing Mr. Waldman as counsel include:
•
In re The Loewen Group Inc. Securities Litigation, 98-6740, 2004 WL 1853137
(E.D. Pa. Aug. 18, 2004
•
Blatt v. Muse Technologies, Inc., Fed. Sec. L. Rep. (CCH) ¶92,004 (D. Mass.
Aug. 27, 2002);
•
In re Sunbeam Securities Litigation, 89 F. Supp.2d 1326 (S.D. Fla. 1999);
•
In re WebSecure, Inc. Securities Litigation, [1998 Transfer Binder] Fed. Sec. L.
Rep. (CCH) ¶ 90,292 (D. Mass. Sept. 24, 1998);
•
In re Employee Solutions Securities Litigation, [1998 Transfer Binder] Fed. Sec.
L. Rep. (CCH) ¶ 90,293 (D. Az. Sept. 22, 1998);
•
Zuckerman v. FoxMeyer Health Corp., 4 F. Supp. 2d 618 (N.D. Tex. 1998);
•
Blaich v. Employee Solutions, Inc., [1998 Supp. Transfer Binder] Fed. Sec. L.
Rep. (CCH) ¶ 90,109 (D. Ariz. Nov. 21, 1997);
•
Nager v. WebSecure, Inc., [1998 Supp. Transfer Binder] Fed. Sec. L. Rep. (CCH)
¶ 90,111 (D. Mass. Nov. 26, 1997);


                                                                                                   Page 91
•
Nager v. WebSecure, Inc., [1998 Supp. Transfer Binder] Fed. Sec. L. Rep. (CCH)
¶ 90,112 (D. Mass. Nov. 26, 1997);
•
In re JWP Inc. Securities Litigation, 928 F. Supp. 1239 (S.D.N.Y. 1996);
•
Ann Taylor Stores Securities Litigation, [1990-91 Transfer Binder] Fed. Sec. L.
Rep. (CCH) ¶ 95,940 (S.D.N.Y. 1992);
•
Herd v. Major Realty Corp, et al., [1990-1991 Transfer Binder] Fed. Sec. L. Rep.
(CCH) ¶ 95,772 (Del. Ch. 1990).
Carl L. Stine is a graduate of Fordham University School of Law (J.D., 1989) where he
was the Editor in Chief of the Fordham International Law Journal. Prior to joining Wolf Popper
LLP, Mr. Stine was a litigation associate with the law firm Willkie Farr & Gallagher. Since
joining Wolf Popper in June of 1995, Mr. Stine has participated in the prosecution of securities
class actions such as against Leslie Fay Co., Caremark, Inc., Archer Daniels Midland Co., and
Sunbeam Corp. He has also been involved in consumer fraud class actions against, for example,
NYNEX, Chase Manhattan Mortgage Corp., H.I.P. of Greater New York, and Sprint PCS.
Reported decisions recognizing Mr. Stine as counsel include:
•
In re Sunbeam Securities Litigation, 176 F. Supp. 2d 1323 (S.D. Fla. 2002);
•
In re U.S. Liquids Securities Litigation, 2002 U.S. Dist. LEXIS 26713 (S.D. Tex
2002);
•
Blatt v. Muse Technologies, Inc., 2002 U.S. Dist. LEXIS 18466 (D. Mass. 2002);
•
In re Sunbeam Securities Litigation, 261 B.R. 534 (S.D. Fla. 2001);
•
Collmer v. U.S. Liquids, Inc., 20011 U.S. Dist. LEXIS 23518 (S.D. Tex. 2001);
•
In re World Access, Inc. Securities Litigation, 119 F. Supp. 2d 1348 (N.D. Ga.
2000);
•
In re Sunbeam Securities Litigation, 89 F. Supp. 2d 1326 (S.D. Fla. 1999);
•
Taylor v. American Bankers Ins.Group, Inc., 267 A.D.2d 178, 700 N.Y.S.2d 458
(1st Dep't 1999)
•
In re WebSecure, Inc. Securities Litigation, [1998 Transfer Binder] Fed. Sec. L.
Rep. (CCH) ¶ 90,292 (D. Mass. 1998);
•
Tanzer v. Health Insurance Plan of Greater New York, 238 A.D.2d 109 (N.Y.
App. Div. 1st Dep't), rev'd, 91 N.Y.2d 850 (1997);
•
In re Caremark International, Inc. Securities Litigation, 1997 U.S. Dist. LEXIS
10948 (N.D. Ill. 1997);
•
Lerner v. Tele-Communications, Inc., 215 A.D.2d 731 (N.Y. App. Div. 2d Dep't
1995);
•
Sheerbonnet, Ltd. v. American Express Bank Ltd., 17 F.3d 46 (2d Cir. 1994).
Mr. Stine currently serves as the Chairman of the Board of Appeals of Thomaston, New
York, and is admitted to the New York State Bar and the Bars of the United States District
Courts for the Southern and Eastern Districts of New York and the Third Circuit Court of
Appeals.
Mr. Stine became a partner at Wolf Popper effective January 1, 2002.


                                                                                                   Page 92
Emily Madoff is a senior partner in Wolf Popper LLP. She is a graduate of Connecticut
College (B.A., 1973), and Northeastern University School of Law (J.D., 1979). She is admitted
to the Bars of the State of New York and the Commonwealth of Massachusetts and to the United
States District Court for the Southern District of New York. Ms. Madoff became a partner in
Wolf Popper in 1990.
Ms. Madoff practices in the area of general corporate law, and has represented many
international corporations including Aeroflot Russian Airlines and the Xinhua News Agency.
Ms. Madoff also has represented several missions to the United States. In recent years, Ms.
Madoff has applied her corporate expertise to consumer fraud and consumer financial services
class action litigation. She has assisted in the prosecution of class actions against, for example,
American Bankers Insurance Company, Equitable Companies, Inc., Chase Bank and General
Motors.
Ms. Madoff is a frequent contributor to the New York Law Journal. Her articles
published in that newspaper include: Arbitration Clauses Lethal to Class Actions, August 13,
2001; E-Mail’s Role in Hostile Work Environment, August 23, 1999; Freedom to Link Under
Attack: Web Community Up in Arms Over Lawsuits, June 23, 1997; and Vendors Escape the
"Tangled Web" of New York Forgery Laws, December 15, 1995.
Andrew E. Lencyk was graduated magna cum laude from Fordham College, New York,
in 1988 with a B.A. in Economics and History. At Fordham, he was a member of the College's
Honors Program, and was elected to Phi Beta Kappa. He is multi-lingual, speaking Ukrainian,
French, Polish, and Russian. Mr. Lencyk received his J.D. from Fordham University School of
Law in 1992, where he was a member of the Fordham Urban Law Journal. Following graduation
he joined Wolf Popper LLP and has been practicing securities litigation for over ten years.
Mr. Lencyk has co-authored, with Marian P. Rosner, the following articles for the
Practicing Law Institute's Accountants' Liability Handbooks: "Liability in Forecast and
Projection Engagements: Impact of Luce v. Edelstein"; "An Accountant's Duty to Disclose
Internal Control Weaknesses"; "Whistle-blowing: An Accountants' Duty to Disclose A Client's
Illegal Acts"; "Pleading Motions under the Private Securities Litigation Reform Act of 1995";
co-authored, with Stephen D. Oestreich, an article entitled, "Safe Harbor Provisions for
Forward-Looking Statements," published by the Association of the Bar of the City of New York,
Corporate & Securities Law Updates, Vol. II, May 12, 2000; and co-authored, with Marian P.


                                                                                                      Page 93
Rosner, an article entitled, "Discovery Issues in Cases Involving Auditors," appearing in the
2002 PLI Handbook on "Accountants' Liability After Enron."
Cases in which Mr. Lencyk actively represented plaintiffs where Wolf Popper was lead,
co-lead, or executive committee counsel include:
•
In re Community Psychiatric Centers Sec. Litig., SA CV-91-533-AHS (Eex)
(C.D. Cal.)
•
McGann v. Ernst & Young , SA CV-93-0814-AHS (Eex) (C.D. Cal.) (total class
recovery of $54.5 million against company and its outside auditors)
•
In re Danskin Sec. Litig., Master File No. 92 CIV. 8753 (JSM) (S.D.N.Y.) (class
recovery of approximately $3 million)
•
In re JWP Sec. Litig. , Master File No. 92 Civ. 5815 (WCC) (S.D.N.Y.) (class
recovery of approximately $36 million)
•
In re Porta Systems Sec. Litig., Master File No. 93 Civ. 1453 (TCP) (E.D.N.Y.)
(class recovery of $3.25 million plus 1.1. million shares of common stock)
•
In re Leslie Fay Cos. Sec. Litig., No. 92 Civ. 8036 (S.D.N.Y.) ($35 million
settlement)
•
Berke v. Presstek, Inc., Civ. No. 96-347-M (MDL Docket No. 1140) (D.N.H.)
(class recovery of $22 million in stock)
•
In re Micro Focus Sec. Litig., No. C-01-01352-SBA-WDB (N.D. Cal.) ($4.25
million settlement)
•
(Dusek v. Mattel, Inc., et al., CV99-10864 MRP (C.D. Cal.)), which resulted in a
$122 million global settlement, currently before the Court for approval.
Court decisions in which Mr. Lencyk played an active role on behalf of plaintiffs include:
•
Dusek v. Mattel, Inc., et al., CV99-10864 MRP (C.D. Cal. Dec. 17, 2001)
(denying defendants' motions to dismiss Section 14(a) complaint in their entirety)
•
In re Micro Focus Sec. Litig., Case No. C-00-20055 SW (N.D. Cal. Dec. 20,
2000) (denying motion to dismiss Section 11 complaint)
•
Zuckerman v. FoxMeyer Health Corp., 4 F. Supp. 2d 618 (N.D. Tex. 1998)
(denying defendants' motion to dismiss in its entirety in one of the first cases decided in
the Fifth Circuit under the Private Securities Litigation Reform Act of 1995)
•
In re U.S. Liquids Sec. Litig., Master File No. H-99-2785 (S.D. Tex. Jan. 23,
2001) (denying motion to dismiss Section 11 claims)
•
Sands Point Partners, L.P., et al. v. Pediatrix Medical Group, Inc., et al., Case No.
99-6181-CIV-Zloch (S.D. Fla. Jun. 6, 2000) (denying defendants' motion to dismiss in its
entirety)
•
Berke v. Presstek, Inc., Civ. No. 96-347-M (MDL Docket No. 1140) (D.N.H.
Mar. 30, 1999) (denying defendants' motion to dismiss)
•
Chalverus v. Pegasystems, Inc., 59 F. Supp. 2d 226 (D. Mass. 1999) (denying
defendants' motion to dismiss)
•
Danis v. USN Communications, Inc., 73 F. Supp. 2d 923 (N.D. Ill. 1999)
(denying defendants' motion to dismiss in case ultimately resulting in class recovery of
$44.7 million)


                                                                                                   Page 94
•
In re JWP Inc. Sec. Litig., 928 F. Supp. 1239 (S.D.N.Y. 1996) (denying
defendants' motion for summary judgment)
•
In re Danskin Sec. Litig., Master File No. 92 CIV. 8753 (JSM) (S.D.N.Y. Feb.
23, 1994) (denying corporate and underwriter defendants' motions to dismiss in all
respects)
•
In re UCAR International Inc., Sec. Litig., No. 3:98cv600 (JBA) (D. Conn.) (case
settled for $40 million during pendency of defendants' motion to dismiss).
He is admitted to the Bar in Connecticut and New York. Mr. Lencyk became a partner at
Wolf Popper effective January 1, 2003.
Michele Fried Raphael is a partner at Wolf Popper LLP. She is a graduate of Hofstra
University School of Law (J.D. with distinction 1993) where she was a member of the Hofstra
Law Review (1991-1993), a student member of the Theodore Roosevelt American Inn of Court,
and an intern for the Honorable Judge George C. Pratt on the United States Court of Appeals for
the Second Circuit. She holds a B.A. from the State University of New York at Binghamton
(1990), where she was elected into Phi Beta Kappa. Following law school she joined Tenzer
Greenblatt Fallon & Kaplan where she was involved in both litigation and corporate matters.
Since joining Wolf Popper in 1995, Ms. Raphael has actively represented plaintiffs in consumer
fraud class actions including Kahn v. Bell Atlantic NYNEX Mobile, Index No. 96/603445
(Supreme Court, New York County) (J. Kahn) (defendant terminated its practice of charging
early termination fee after it unilaterally renewed cellular phone contracts) and Taylor v.
American Bankers Insurance Group, Inc., Index No. 96/602485 (Supreme Court, New York
County) (J. Gammerman) (defendant to pay all class members’ claims in full and revise its
solicitations). She recently secured a unanimous decision by the Appellate Division, First
Department, reversing the lower court and upholding a class action complaint on behalf of credit
cardholders alleging that they had not been properly advised of the fees incident to card
ownership. Sims v. First Consumers Nat’l Bank, 758 N.Y.S.2d 284, 2003 N.Y. App. Div.
LEXIS 3199 (1
st
Dep’t 2003).
Ms. Raphael has also represented plaintiffs in securities fraud class actions and derivative
actions. She was one of the principal attorneys representing the class of investors in Buxbaum v.


                                                                                                       Page 95
Deutsche Bank, 98 Civ. 8460 (S.D.N.Y.) (JGK), a securities action arising from the merger of
Bankers Trust and Deutsche Bank, wherein a $58 million recovery was obtained on the eve of
trial, representing approximately 96% of the class’s most likely recovery. Other cases she was
principally involved in include, Schnipper v. CompuServe Corp., 96 CV H08-5837 (JPB) (Court
of Common Pleas, Franklin County, Ohio) (open market securities fraud action); In Re Triarc
Companies, Inc. Class and Derivative Litigation, Consolidated C.A. No. 15746-NC (Court of
Chancery in and for New Castle County, Delaware), (derivative and class claims arising from
alleged improper executive compensation).
Ms. Raphael is also actively involved in general commercial litigation and represents Aeroflot
Russian Airline in a variety of matters.
She is admitted to the New York State Bar, the New Jersey State Bar, and the Bar of the United
States District Court, Southern and Eastern Districts of New York.
Michael Adam Schwartz is a partner at Wolf Popper LLP. He is a 1988 graduate of
Brooklyn College (City University of New York) where he received a B.S. cum laude in
business management and finance. After graduating Brooklyn Law School in 1992, where he
earned a Dean’s Merit Scholarship, he has specialized in securities and antitrust class action
litigation and shareholder derivative litigation. In 1993, he was admitted to the bars of the State
of New York and the United States District Court for the Southern District of New York, and in
1999, the United States Court of Appeals for the Third Circuit.
Mr. Schwartz’ accomplishments include Danis v. USN Communications, Inc. Et al., 98 C
7482 (SBC), a securities fraud class action brought against USN Communications, a start-up
telecommunications company which went bankrupt within twelve months of its initial public
offering. After years of contentious litigation in the United States District Court for the Northern
District of Illinois and the United States Bankruptcy Court for the District of Delaware, Mr.
Schwartz and his co-counsel were able to negotiate a $44.7 million settlement for the Class,
which resulted in a cash payout to the Class of 36% of its provable damages.


                                                                                                       Page 96
Mr. Schwartz was counsel to the Seat Owners of the American Stock Exchange (the
"AMEX") in connection with the 1999 merger of the National Association of Securities Dealers,
Inc. and the AMEX (Philipson v. American Stock Exchange,, et al., 99 Civ. 4219 (DC)). As a
result of the settlement of the Philipson Action, the AMEX Seat Owners received a cash payout
of $30.5 million and the right to participate in the profits of the AMEX over a ten year period. In
approving the 2004 settlement of the Philipson Action, Judge Chin of the United States District
Court for the Southern District of New York stated that, "The Settlement was negotiated with
highly experienced, highly competent counsel on both sides."
In In re Select Comfort Corp. Securities Litigation, Civil No. 99-884 (D. Minn.), Mr.
Schwartz was co-lead counsel on behalf of a plaintiff class in an action arising out of an initial
public offering of common stock. The settlement achieved in that action resulted in the Class
receiving a cash payout of over 30% of its provable damages.
Mr. Schwartz joined Wolf Popper LLP in 1998 and became a partner in 2003. He began
his law career at Pomerantz Haudek Block & Grossman as an Associate specializing in securities
and antitrust class action litigation and shareholder derivative litigation.
James A. Harrod is an associate at Wolf Popper LLP. He received his J.D. from the
George Washington University Law School. Mr. Harrod has interned at the National
Whistleblower Center and worked in the Office of the General Counsel at the Pension Benefit
Guaranty Corporation. A graduate of Skidmore College, Mr. Harrod earned a B.A. in Philosophy
and Government.
Since joining Wolf Popper Mr. Harrod has focused on representing shareholders in
securities litigation and corporate transactional litigation. He was actively involved in Wolf
Popper's successful representation of the plaintiff class in Danis v. USN Communications, Inc.,
98 C 7412 (N.D. Ill.), a federal securities class action which resulted in a $44.7 million
settlement on behalf of the class of USN shareholders.
Mr. Harrod is admitted to the bar of the State of New York and is admitted to practice in
the United States District Courts for the Southern and Eastern Districts of New York. He is a


                                                                                                       Page 97
member of the New York State Bar Association, the American Bar Association and the
Association of the Bar of the City of New York.
Ken H. Chang is an associate at Wolf Popper LLP. He graduated magna cum laude from
Cornell University in 1997 and received an A.B. in Economics and Philosophy. Mr. Chang
received his J.D. cum laude in 2000 from the University of Minnesota Law School, where he
was a member of the International Law Moot Court and the Journal of Law and Inequality. He
is admitted to the New York State Bar and the United States District Courts for the Southern and
Eastern Districts of New York. Mr. Chang practices in the area of securities litigation.
Renee Karalian is an associate at Wolf Popper LLP. She is a graduate of Loyola Law
School (J.D., 2001) and U.C.L.A, where she was an Alumni Scholar (B.A. in Political Science,
1998). Before joining Wolf Popper, Ms. Karalian was an attorney with Silva, Clasen &
Raffalow in Los Angeles. Ms. Karalian is a member of the State Bar of New York and the State
Bar of California. She is also admitted to the United States District Court for the Central District
of California.
Caroline S. Curtiss is an associate at Wolf Popper LLP. She is a graduate of the
University of Notre Dame Law School (J.D., 2002) and the University of Michigan (A.B.,
English Literature, 1999), where she was an Angell Scholar and participated in the university
honors program. Before joining Wolf Popper LLP, Ms. Curtiss was an attorney at Hooper,
Hathaway, Price, Beuche & Wallace in Ann Arbor, Michigan. Ms. Curtiss is a member of the
State Bar of Michigan.
James Kelly-Kowlowitz is an associate at Wolf Popper. He is a graduate of Brooklyn
Law School (J.D., summa cum laude, 2004), where he obtained various awards including a CALI
Award for Excellence for receiving the highest grade in the course of Securities Regulation. Mr.
Kelly-Kowlowitz graduated from the State University of New York at Binghamton (B.S.,
Accounting, 1999), where he was a member of Beta Alpha Psi, National Accounting Honor
Society. Before attending law school, he worked as a Certified Public Accountant concentrating


                                                                                                       Page 98
in auditing and tax. During law school, Mr. Kelly-Kowlowitz interned for Judge Allan L.
Gropper at the U.S. Bankruptcy Court, S.D.N.Y., and interned at the New York City Department
of Finance, Office of Legal Affairs.
Mr. Kelly-Kowlowitz is currently awaiting admission to the bar of the State of New
York.
Stanley Nemser is a graduate of New York University (B.A., 1942) and the Harvard Law
School (L.L.B., 1948). He was admitted to the Bar in 1948 and is a member of numerous federal
district and appellate courts and of the United States Supreme Court. He has practiced pro hac
vice before the Delaware Chan-cery Court for more than forty-five years. He is a member of the
American Bar Association and the Bar Association of the City of New York. As a faculty
member of the Practicing Law Insti-tute, he has lectured on stockholders' class and derivative
actions.
Stanley Nemser has had forty-seven years of experience in stockholders' class and
derivative suits. He has acted as lead counsel in a host of important derivative and representative
suits in Federal and State courts in locations throughout the nation, including the celebrated
Texas Gulf Sulphur Co. insider trading litigation.
He supervised the Wolf Popper team of attorneys in the celebrated Shell Oil Company
class litigation in Delaware Chancery Court, and also in the Standard Oil/British Petroleum class
litigation in the Court of Common Pleas in Ohio, in which Wolf Popper was Co-Lead Counsel,
and which resulted, at the time, in the largest cash recoveries in the history of securities class
actions.
He is presently a Co-Lead/Liason Counsel in the Boesky insider trading class litigation
pending in Southern District of New York, and one of the Lead/Liason Counsel in the Securities
Litigation class claims litigation and global settlement in the Drexel Chapter 11 reorganization as
well as the Milken litigation and Global Class Settlement involving Michael Milken and his
associates at Drexel also pending in the Southern District of New York in which recoveries have


                                                                                                       Page 99
been obtained exceeding $2,700,000,000. Also, in the Milken Global Class Settlement in that
litigation, the first Rule 23, F.R.C.P. worldwide class of security holders was certified by the
Court after notice was given to class members throughout the world in addition to publications in
newspapers worldwide.
Marshall G. Bennett, after serving four elected terms as Treasurer of the State of
Mississippi, joined the Wolf Popper Law Firm in New York on July 1, 2003.
Mr. Bennett brings vast knowledge and experience of 16 years as the State’s chief
financial officer, directly managing $10.5 billion in public funds and $3 billion of bonded
indebtedness, as well, as Trustee and Board Chairman of the $17 billion Public Employees
Retirement System.
After graduating from the University of Mississippi School of Law in Oxford,
Mississippi with a Juris Doctor degree, Marshall Bennett began a distinguished career in law and
government. While in law school, Bennett served as Chairman of the Moot Court Board and a
member of the Phi Kappa Phi legal honorary. He received his BA Degree from the University
of Mississippi - Oxford, with a double major in history and political science. He was elected to
the Student Hall of Fame and was selected for Omicron Delta Kappa honorary leadership
fraternity. As a Commissioner Officer, Distinguished Military Graduate, Bennett served two
years active duty with the US Army Military Intelligence Command (USAINTC), and 8 years in
the US Army Reserve as a Captain in the Judge Advocate General’s Corps.
Bennett began his legal and public service career as Assistant District Attorney,
prosecuting felony cases in the State’s capital city of Jackson and practiced law there with the
firm of Peters, Royals and Bennett. He then served for seven years, as State Assistant Attorney
General, Chief of The Consumer Fraud Division, and the Organized Crime and Public Integrity
Unit. Bennett brought many cases to trial and successfully argued the case of first impression
upholding the State’s consumer protection laws before The Mississippi Supreme Court. He filed
antitrust actions to stop price fixing in the Ampicillin and Milk Dairy cases in the US District


                                                                                                      Page 100
Court as well as the General Motors/Oldsmobile engine switch cases resulting in a national
settlement of millions of dollars to US consumers.
Governor William Winter in 1980 tapped Bennett to serve as his first legislative assistant
spearheading the reform of state government executive agencies and secondary education.
Bennett was later appointed by the Governor to a six year term as the Chairman and
Commissioner of the Worker’s Compensation Commission where Bennett eliminated a 1600
case backlog and instituted a statewide advisory council for workers comp reforms and
improvements. He began the first of 20 annual workers compensation legal and educational
seminars.
During his terms as State Treasurer, Bennett helped establish and was director of the
State Development Bank, the Mississippi Business Finance Corporation, the Mississippi Home
Corporation, the State Bond Commission, and the State Economic Development Strategic Task
Force. He set up the first Section 529 College Savings Plan for tax free contributions and use for
higher education costs. He instituted the first, and now annual, Women’s Money Conference,
the Bank at School Program and the Unclaimed Property Scam Jam, all to provide financial
literacy programs for citizens of the state. These programs have been implemented now by most
states across the nation.
As a national leader in public policy initiatives, Mr. Bennett has served as President of
The National Association of State Treasurers, The National Association of State Auditors,
Comptrollers and Treasurers, The National College Savings Network Association, the Southern
State Treasurers Association, as well as on The Board of Directors of the National Unclaimed
Property Administrators, the International Association of Industrial Accident Records and
Commissions, the Council of State Governments and its Chair of Finance.
Mr. Bennett has authored many articles on financial responsibility and practices. He has
given testimony before the US House Ways and Means Committee and The US Senate Finance
Committee regarding legislation affecting the federal tax laws and tax exemptions for citizens, as
well as state and local governments.


                                                                                                     Page 101
In recognition of his services to his nation, state and community, Marshall Bennett was
given the nation’s most outstanding Treasurer Jesse Unruh Award in 1998, the NASACT
Distinguished Service Award in 1999, the College Distinguished Service Award in 2002, the
National Significant Sig Award in 2002, and The Distinguished American Award from The
National Football All-American Foundation in 2003.
He has taught at Mississippi College School of Law in Jackson for 2 years as Adjunct
Professor. He is admitted to practice before the United States Supreme Court, the U.S. District
Court - SDMS, the US Fifth Circuit Court of Appeals, The Mississippi Supreme Court and all
State Trial Courts. He is a member of the Mississippi Bar. He continues to teach at The
National Public Finance Institute at Northwestern University, Evanston, Illinois for 5 years.
Mr. Bennett was born in Lexington, Mississippi and is the father of three children and
resides in New York City and Jackson, Mississippi. He continues to be active in The National
Society to Prevent Blindness, having served as Vice President of the National Board, and in the
American Legion.
Stanley Singer born in New York, NY, April 4, 1919; admitted to bar, 1947, New York;
U.S. Court of Appeals, Second Circuit, U.S. District Court, Southern and Eastern Districts of
New York and U.S. Tax Court. Education: New York University (B.A., 1940); Columbia
University (LL.B., 1947). Member: The Association of the Bar of the City of New York
(Member, Committee on Trusts, Estates and Surrogates' Courts, 1983-1986); Consular Law
Society. PRACTICE: Trusts and Estates; Corporate Practice; Law of Foreign Missions;
Commercial Litigation; Real Estate.

				
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posted:4/10/2012
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