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Exhibit 3
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KAPLAN FOX & KILSHEIMER LLP
FIRM PROFILE
850 Third Avenue, 14th Floor 681 Prestwick Lane
New York, NY 10022 Wheeling, IL 60090
Tel.: 212.687.1980 Tel.: 847.831.1585
Fax: 212.687.7714 Fax.: 847.831.1580
1999 Harrison Street, 12400 Wilshire Boulevard,
Suite 1560 Suite 820
Oakland, CA 94612 Los Angeles, CA 90025
Tel.: 415.772.4700 Tel.: 310.575.8604
Fax: 415.772.4707 Fax: 310.444.1913
6109 32nd Place, NW 160 Morris Street
Washington, DC 20015 Morristown, NJ 07960
Tel.: 202.669.0658 Tel.: 973.656.0222
Fax: 973.401.1114
NEW YORK, NY LOS ANGELES, CA OAKLAND, CA
CHICAGO, IL WASHINGTON, D.C. MORRISTOWN, NJ
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History of Kaplan Fox & Kilsheimer LLP
Leo Kaplan and James Kilsheimer founded “Kaplan & Kilsheimer” in 1954, making
the firm one of the most established litigation practices in the country. James Kilsheimer
was a celebrated federal prosecutor in the late 1940s and early 1950s in New York who
not only successfully tried some of the highest profile cases in the country, but also
handled the U.S. Attorney’s Office’s criminal appeals to the Second Circuit.
Now known as “Kaplan Fox & Kilsheimer LLP,” the early commitment to high-
stakes litigation continues to define the firm to the present day. In 2009, Portfolio Media’s
Law360 ranked Kaplan Fox’s securities litigation practice as one of the top 5 in the country
(plaintiff side), and again in July 2014, the Legal 500 ranked Kaplan Fox as one of the top
eight plaintiff’s firms for securities litigation. In March 2013, the National Law Journal
included Kaplan Fox on its list of the top 10 “hot” litigation boutiques, a list that includes
both plaintiff and defense firms. In 2014, 2015 and 2016, more than half of the firm’s
partners – including attorneys on both coasts – were rated “Super Lawyers.”
The firm has three primary litigation practice areas (antitrust, securities, and
consumer protection), and the firm is a leader in all three. To date, we have recovered
more than $5 billion for our clients and classes. In addition, the firm has expanded its
consumer protection practice to include data privacy litigation, and few other firms can
match Kaplan Fox’s recent leadership in this rapidly emerging field. The following
describes Kaplan Fox’s major practice areas, its most significant recoveries and its
attorneys.
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Securities Litigation
Over the past 35 years, Kaplan Fox has been a leader in prosecuting corporate
and securities fraud —ranging from cases concerning accounting fraud to those involving
complicated and complex financial instruments. Since the passage of the Private
Securities Litigation Reform Act in 1995, Kaplan Fox has emerged as one of the foremost
securities litigation firms representing institutional investors of all sizes, including many of
the world’s largest public pension funds.
Kaplan Fox’s selection by Portfolio Media’s Law360 as one of the five top securities
litigation firms (plaintiff side) for 2009 was based, in part, on the representation of public
pension funds in high profile and complex securities class actions, including In re Merrill
Lynch & Co., Inc. Securities, Derivative & ERISA Litigation; In re Bank of America
Corp. Securities, ERISA & Derivative Litigation; In re Fannie Mae Securities
Litigation; and In re Ambac Financial Group, Inc. Securities Litigation. Some of the
firm’s most significant securities recoveries include:
In re Bank of America Corp. Securities, Derivative, and ERISA
Litigation, MDL No. 2058 (S.D.N.Y.) ($2.425 billion recovered)
In re Merrill Lynch & Co., Inc. Securities Litigation, Master File
No. 07-CV-9633 (JSR) (S.D.N.Y.) ($475 million recovered)
In re 3Com Securities Litigation, No. C-97-21083-EAI (N.D. Cal.)
($259 million recovered)
In re Fannie Mae 2008 Securities Litigation, No. 08-cv-7831
(PAC) (S.D.N.Y.) ($170 million recovered)
In re MicroStrategy Securities Litigation, No. CV-00-473-A (E.D.
Va.) ($155 million recovered)
AOL Time Warner Cases I & II (Opt-out) Nos. 4322 & 4325 (Cal.
Superior Court, LA County) ($140 million recovered)
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In re Informix Securities Litigation, C-97-129-CRB (N.D. Cal.)
($136.5 million recovered)
In re Xcel Energy, Inc. Securities Litigation, Master File No. 02-
CV-2677-DSD (D. Minn.) ($80 million recovered)
In re Elan Corporation Securities Litigation, No. 02-CV-0865-
RMB (S.D.N.Y.) ($75 million recovered)
In re Sequenom, Inc. Securities Litigation, No. 09-cv-921 (S.D.
Cal.) ($70 million recovered)
Barry Van Roden, et al. v. Genzyme Corp., et al., No. 03-CV-
4014-LLS (S.D.N.Y.) ($64 million recovered)
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Antitrust Litigation
Kaplan Fox has been at the forefront of significant private antitrust actions, and we
have been appointed by courts as lead counsel or members of an executive committee for
plaintiffs in some of the largest antitrust cases throughout the United States. This
commitment to leadership in the antitrust field goes back to at least 1967, when firm co-
founder Leo Kaplan was appointed by the Southern District of New York to oversee the
distribution of all ASCAP royalties under the 1950 antitrust consent decree in United States
v. American Society of Composers, Authors and Publishers, No. 41-CV-1395
(S.D.N.Y.), a role he held for 28 years until his death in 1995. To this day, ASCAP awards
the “Leo Kaplan Award” to an outstanding young composer in honor of Leo’s 28 years of
service to ASCAP.
Members of the firm have also argued before the U.S. Courts of Appeals some of the
most significant decisions in the antitrust field in recent years. For example, Robert Kaplan
argued the appeal in In re Flat Glass Antitrust Litigation, 385 F.3d 350 (3d Cir. 2004),
and Greg Arenson argued the appeal in In re High Fructose Corn Syrup Antitrust
Litigation, 295 F.3d 651 (7th Cir. 2002). In a relatively recent survey of defense counsel,
in-house attorneys, and individuals involved in the civil justice reform movement, both were
named among the 75 best plaintiffs’ lawyers in the country based on their expertise and
influence.
Over the years, Kaplan Fox has recovered over $2 billion for our clients in antitrust
cases. Some of the larger antitrust recoveries include:
In re Air Cargo Shipping Services Antitrust Litigation, MDL 1775
(E.D.N.Y.) (settled during trial preparation, for total settlement of
more than $1.25 billion)
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In re Neurontin Antitrust Litigation, MDL No. 1479, Master File
No. 02-1390 (D.N.J.) ($190 million recovered)
In re High Fructose Corn Syrup Antitrust Litigation, MDL No.
1087, Master File No. 95-1477 (C.D. Ill.) ($531 million recovered)
In re Brand Name Prescription Drugs Antitrust Litigation, MDL
997 (N.D. Ill.) ($720 plus million recovered)
In re Infant Formula Antitrust Litigation, MDL 878 (N.D. Fla.)
($126 million recovered)
In re Flat Glass Antitrust Litigation, MDL 1200 (W.D. Pa.) ($122
plus million recovered)
In re Hydrogen Peroxide Antitrust Litigation, MDL 1682 (E.D. Pa.)
($97 million recovered)
In re Plastics Additives Antitrust Litigation, 03-CV-1898 (E.D.
Pa.) ($46.8 million recovered)
In re Medical X-Ray Film Antitrust Litigation, CV 93-5904
(E.D.N.Y.) ($39.6 million recovered)
In re NBR Antitrust Litigation, MDL 1684 (E.D. Pa.) ($34.3 million
recovered)
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Consumer Protection and Data Privacy Litigation
The consumer protection practice is headquartered in Kaplan Fox’s Bay Area
office, which opened in 2000, and is led by Laurence King, an experienced trial lawyer
and former prosecutor. Mr. King also recently served as a Vice-Chair, and then Co-Chair,
of the American Association for Justice’s Class Action Litigation Group.
Mr. King and our other effective and experienced consumer protection litigators
regularly champion the interests of consumers under a variety of state and federal
consumer protection laws. Most frequently, these cases are brought as class actions,
though under certain circumstances an individual action may be appropriate.
Kaplan Fox’s consumer protection attorneys have represented victims of a broad
array of misconduct in the manufacturing, testing, marketing, and sale of a variety of
products and services and have regularly been appointed as lead or co-lead counsel or
as a member of a committee of plaintiffs’ counsel in consumer protection actions by courts
throughout the nation. Among our significant achievements are highly recognized cases
including In re Baycol Products Litigation, MDL 1431-MJD/JGL (D. Minn.) (victims have
recovered $350 million recovered to date); In re Providian Financial Corp. Credit Card
Terms Litigation, MDL No. 1301-WY (E.D. Pa.) ($105 million recovered); In re Thomas
and Friends Wooden Railway Toys Litig., No. 07-cv-3514 (N.D. Ill.) ($30 million
settlement obtained for purchasers of recalled “Thomas Train” toys painted with lead
paint); In re Pre-Filled Propane Tank Marketing and Sales Practices Litigation, No.
4:09-md-2086 (W.D. Mo.) (settlements obtained where consumers will receive
substantially in excess of actual damages and significant injunctive relief); Berry v. Mega
Brands Inc., No. 08-CV-1750 (D.N.J.) (class-wide settlement obtained where consumers
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will receive full refunds for defective products), and David Wolf, et al. v. Red Bull GmBH,
et al., No. 1:13-cv-08008 (S.D.N.Y.) ($13 million settlement fund obtained for purchasers
of Red Bull energy drink).
Data privacy is a fairly new area of law and broadly encompasses two scenarios.
In a data breach case, a defendant has lawful custody of data, but fails to safeguard it or
use it in an appropriate manner. In a tracking case, the defendant intercepts or otherwise
gathers digital data to which it is not entitled in the first place.
Kaplan Fox is an emerging leader in both types of data privacy litigation. For
example, Mr. King filed and successfully prosecuted one of very first online data breach
cases, Syran v. LexisNexis Group, No. 05-cv-0909 (S.D. Cal.), and was court-appointed
liaison counsel in a recently successfully concluded data breach case against LinkedIn.
See In re: LinkedIn User Privacy Litigation, No. 12-cv-3088-EJD (N.D. Cal.). The firm
also settled a data privacy case against Universal Property & Casualty Insurance
Company related to the public exposure of sensitive customer data. See Rodriguez v.
Universal Property & Cas. Ins. Co., No. 16-cv-60442-JK (S.D. Fla.).
The firm is also an industry leader in the even newer field of email and internet
tracking litigation. Kaplan Fox was appointed Co-Lead Class Counsel in a digital privacy
class action against Yahoo!, Inc., related to Yahoo’s alleged practice of scanning emails
for content, which was recently settled. See In re: Yahoo Mail Litigation, 5:13-cv-04980-
LHK (N.D. Cal.). Current cases include In re: Facebook Internet Tracking Litigation,
No. 5:12-md-02314-EJD (N.D. Cal.) (Davila, J.) and In re: Google Inc. Cookie
Placement Consumer Privacy Litig., 12-MD-2358-SLR (D. Del.) (Kaplan Fox appointed
to plaintiffs’ steering committee).
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ATTORNEY BIOGRAPHIES
PARTNERS
ROBERT N. KAPLAN is widely recognized as a leading plaintiff's litigator and has
led the prosecution of numerous antitrust and securities fraud actions, recovering billions
of dollars for the victims of corporate wrongdoing. He was listed by defense and corporate
counsel as one of the top 75 plaintiffs’ attorneys in the United States for all disciplines.
Mr. Kaplan was listed as one of the top five attorneys for securities
litigation. See Complete List. He was also recognized by Legal 500 as one of the top
securities litigators in the United States for 2011, 2012, 2013, 2014, and 2015, and was
listed as one of the leading antitrust attorneys in the country for 2015. Mr. Kaplan was
recognized as Super Lawyer in the New York Metro Area. He was lead counsel for
CalPERS in AOL Time Warner Cases I & II (Ca. Sup. Ct., L.A. Cty.), and was a lead in In
re Merrill Lynch & Co., Inc. Securities, Derivative & ERISA Litigation, In re Escala
Securities Litigation and In re Bank of America Corp. Securities Litigation, in which a
settlement in the amount of $2.425 billion and corporate governance changes was
approved by the Court.
In the antitrust arena, he has been a lead counsel in many significant actions. He
is a lead counsel in In re Air Cargo Antitrust Litigation (more than $1.25 billion in
settlements) and was recently appointed by Courts as lead counsel in the DIPF Antitrust
Litigation, In re Cast Iron Soil Pipe and Fittings Antitrust Litigation, and In re Keurig Green
Mountain Single-Serve Coffee Antitrust Litigation.
He also represents clients in private antitrust actions, including: Affiliated Foods,
Inc., Associated Grocers of New England, Inc., URM Stores, Inc., Western Family Foods,
Inc., and Associated Food Stores, Inc. in individual cases against Tri-Union Seafoods,
LLC, d/b/a Chicken of the Sea, King Oscar, Inc., Bumble Bee Foods, LLC f/k/a Bumble
Bee Seafoods, LLC, and StarKist Co., No. 15-cv-4312, No. 15-cv-3815, No. 15-cv-4187,
No. 15-cv-4667 (N.D. Cal.).
He previously served, as lead counsel or member of the Executive Committee in
numerous plaintiff treble damage actions including In re Neurontin Antitrust Litigation,
MDL No. 1479, Master File No. 02-1390 (D.N.J.) ($190 million recovered); In re High
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Fructose Corn Syrup Antitrust Litigation, MDL No.1087, Master File No. 95-1477 (C.D. Ill)
($531 million recovered); In re Brand Name Prescription Drugs Antitrust Litigation, MDL
997 (N.D. Ill.) ($720 plus million recovered); In re Infant Formula Antitrust Litigation, MDL
878 (N.D. Fla.)($126 million recovered); In re Flat Glass Antitrust Litigation, MDL 1200
(W.O. Pa.) ($122 plus million recovered) (Mr. Kaplan successfully argued an appeal
before the U.S. Court of Appeals for the Third Circuit, which issued a ground-breaking
and often-cited summary judgment opinion. In re Flat Glass Antitrust Litigation, 385 F.3d
350 (3d ar. 2004); In re Hydrogen Peroxide Antitrust Litigation, MDL 1682 (E.D. Pa.)($97
million recovered); In re Plastics Additives Antitrust Litigation, 03-CV-1898 (E.D.Pa.)
($46.8 million recovered); In re Medical X-Ray Film Antitrust Litigation, CV 93-5904
(E.D.N.Y.) ($39.6 million recovered); and In re NBR Antitrust Litigation, MDL 1684 (E.D.
Pa.) ($34.3 million recovered).
Mr. Kaplan is also representing financial institutions across the country in data
breach cases against Home Depot and is a member of the Plaintiffs’ Steering Committee.
Mr. Kaplan was a trial attorney with the Antitrust Division of the U.S. Department
of Justice. There, he litigated civil and criminal actions. He also served as law clerk to the
Hon. Sylvester J. Ryan, then chief judge of the U.S. District Court for the Southern District
of New York and served as an acting judge of the City Court for the City of Rye, N.Y.
In addition to his litigation practice, he has also been active in bar and legal
committees. For more than fifteen years, he has been a member of what is now known
as the Eastern District of New York’s Courts Committee on Civil Litigation.
Mr. Kaplan has also been actively involved in the Federal Bar Council, an
organization of judges and attorneys in the Second circuit and is a member of the Program
and Winter Planning Committees.
Recently Mr. Kaplan was invited by the United States Judicial Center and
participated in a multi-day seminar for federal judges about complex litigation.
In addition, Mr. Kaplan has served as a member of the Trade Regulation and
Federal Courts Committees of the Association of the Bar of the City of New York.
Mr. Kaplan’s published articles include: “Complaint and Discovery In Securities
Cases,” Trial, April 1987; “Franchise Statutes and Rules,” Westchester Bar Topics, Winter
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1983; “Roots Under Attack: Alexander v. Haley and Courlander v. Haley,”
Communications and the Law, July 1979.
Mr. Kaplan sits on the boards of several organizations, including the Columbia Law
School Board of Visitors, Board of Directors of the Carver Center in Port Chester, N.Y.,
Member of the Dana Farber Visiting Committee, Thoracic Oncology in Boston, MA,
and Member of Board of Trustees for the Rye Historical Society.
Education:
B.A., Williams College (1961)
J.D., Columbia University Law School (1964)
Bar Affiliations and Court Admissions:
Bar of the State of New York (1964)
Bar of the District of Columbia (2013)
U.S. Supreme Court
U.S. Courts of Appeals for the Second, Third, Seventh, Ninth, Tenth and
Eleventh Circuits
U.S. District Courts for the Southern, Eastern, Western and Northern Districts
of New York, the Central District of Illinois, and the District of Arizona
Professional Affiliations:
Federal Bar Council
Committee to Support the Antitrust Laws (past President)
National Association of Securities and Commercial Law Attorneys (past
President)
Advisory Group of the U.S. District Court for the Eastern District of New York
American Bar Association
Association of Trial Lawyers of America (Chairman, Commercial Litigation
Section, 1985-86)
Association of the Bar of the City of New York (served on the Trade Regulation
Committee; Committee on Federal Courts)
Member of Board of Trustees for the Rye Historical Society
Mr. Kaplan can be reached by email at: RKaplan@kaplanfox.com
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FREDERIC S. FOX first associated with Kaplan Fox in 1984 and became a partner
in the firm in 1991. For over 30 years, he has concentrated his work in the area of class
action litigation. Mr. Fox has played important roles in many major class action cases. He
was one of the lead trial lawyers in two securities class actions, one of which was the first
case tried to verdict under the Private Securities Litigation Reform Act of 1995.
Mr. Fox has played a lead role in many major securities class action cases,
including as a senior member of the litigation and trial team in In re Bank of America Corp.
Securities, ERISA, & Derivative Litigation, No. 09-MDL-2058 (S.D.N.Y.) (“In re Bank of
America”). The case arose out of Bank of America’s acquisition of Merrill Lynch. In re
Bank of America which settled for $2.425 billion plus significant corporate governance
reforms and stands as one of the largest securities class action settlements in history. In
In re Bank of America, Mr. Fox served as lead counsel on behalf of major public pension
funds.
Mr. Fox currently represents many institutional investors including governmental
entities in both class actions and individual litigation. Mr. Fox recently led the team of
attorneys that prosecuted an individual opt-out action on behalf of a public pension fund
arising out of the fraud at Petrobras in Brazil. Other significant cases in which Mr. Fox
served as lead counsel include: In re Merrill Lynch & Co., Inc. Securities, Derivative, &
ERISA Litigation, No. 07-cv-9633 (S.D.N.Y.)(in which he was the primary attorney
responsible for negotiating the $475 million settlement); In re Fannie Mae 2008 Securities
Litigation, No. 08-cv-7831 (S.D.N.Y.) (“In re Fannie Mae 2008”) ($170 million settlement);
In re SunPower Securities Litigation, Case No. 09-cv-5473 (N.D. Cal.); In re Merrill Lynch
Research Reports Securities Litigation (S.D.N.Y.) (arising from analyst reports issued by
Henry Blodget); In re Salomon Analyst Williams Litigation (S.D.N.Y.) and In re Salomon
Focal Litigation (S.D.N.Y.) (both actions stemming from analyst reports issued by Jack
Grubman). Mr. Fox has also handled derivative cases seeking corporate governance
reform and other shareholder litigation on behalf of public pension funds asserting state
law and foreign causes of action. Mr. Fox is a frequent speaker and panelist in both the
U.S and abroad on a variety of topics including securities litigation and corporate
governance.
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In the consumer protection area, he served on the Plaintiffs’ Steering Committee
in the Baycol Products Litigation where there have been more than $350 million in
settlements. Additionally, he is serving as one of the Co-lead Counsel in In re RC2 Corp.
Toy Lead Paint Products Liability Litigation pending in the Northern District of Illinois.
Mr. Fox is listed in the current editions of New York Super Lawyers and was
recognized in Benchmark Litigation as a New York “Litigation Star.”
Mr. Fox is the author of “Current Issues and Strategies in Discovery in Securities
Litigation,” ATLA, 1989 Reference Material; “Securities Litigation: Updates and
Strategies,” ATLA, 1990 Reference Material; and “Contributory Trademark Infringement:
The Legal Standard after Inwood Laboratories, Inc. v. Ives Laboratories,” University of
Bridgeport Law Review, Vol. 4, No. 2.
During law school, Mr. Fox was the notes and comments editor of the University
of Bridgeport Law Review.
Education:
B.A., Queens College (1981)
J.D., Bridgeport School of Law (1984)
Bar Affiliations and Court Admissions:
Bar of the State of New York (1985)
Bar of the District of Columbia (2013)
U.S. Supreme Court
U.S. Courts of Appeals for the First, Second, Fourth, Sixth and Eleventh
Circuits
U.S. District Courts for the Southern and Eastern Districts of New York, the
District of Colorado and the District of Columbia
Professional Affiliations:
Federal Bar Council
American Bar Association
Association of the Bar of the City of New York
Association of Trial Lawyers of America (Chairman, Commercial Law Section,
1991-92)
Mr. Fox can be reached by email at: FFox@kaplanfox.com
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GREGORY K. ARENSON is a seasoned business litigator with experience
representing clients in a variety of areas, including antitrust, securities, and employee
termination. Mr. Arenson is principally a plaintiffs' antitrust lawyer. His economics and
econometrics background have provided a foundation for his recognized expertise in
handling complex economic issues in antitrust cases, both as to class certification and on
the merits. He has worked with economic experts in, among others, In re Air Cargo
Shipping Servs. Antitrust Litig., Master File No. 06-MD-1175 (JG)(VVP), 2014 WL
7882100 (E.D.N.Y. Oct. 15, 2014), adopted in its entirety, 2015 WL 5093503 (E.D.N.Y.
July 10, 2015); In re Ethylene Propylene Diene Monomer (EPDM) Antitrust Litig., 256
F.R.D. 82 (D. Conn. 2009); In re Foundry Resins Antitrust Litig., 242 F.R.D. 393 (S.D.
Ohio 2007); In re Carbon Black Antitrust Litig., No. Civ. A. 03-10191-DPW, MDL No.
1543, 2005 WL 102966 (D. Mass. Jan. 18, 2005); In re Microcrystalline Cellulose Antitrust
Litig., 218 F.R.D. 79 (E.D. Pa. 2003); Bearings Cases, Case No. 12-00501, and Wire
Harness Cases, Case No. 12-00101, part of In re Automotive Parts Antitrust Litig., E.D.
Mich., Master File No. 12-md-02311; Affiliated Foods, Inc., et al. v. Tri-Union Seafoods,
LLC d/b/a Chicken of the Sea Int’l, et al., part of In re Packaged Seafood Prods. Antitrust
Litig., S.D. Cal., Case No. 15-MD-2670 JLS (MDD); In re Domestic Airline Travel Antitrust
Litig., D.D.C., MDL Docket No. 2656, Misc. No. 15-1404 (CKK); In re Dental Supplies
Antitrust Litig., E.D.N.Y., Case No. 16-cv-696 (BMC)(GRB); In re Ductile Iron Pipe Fittings
(“DIPF”) Direct Purchaser Antitrust Litig., D.N.J., Civ. No. 12-711 (AET)(LHG); In re Cast
Iron Soil Pipe & Fittings Antitrust Litig., E.D. Tenn., No. 1:14-md-2508; and In re Pool
Prods. Distribution Mkt. Antitrust Litig., E.D. La., MDL No. 2328. He also argued the
appeals in In re High Fructose Corn Syrup Antitrust Litig., 295 F.3d 651 (7th Cir. 2002),
and In re Hydrogen Peroxide Antitrust Litig., 552 F.3d 305 (3d Cir. 2009). He has been
ranked as a Super Lawyer for several years.
Mr. Arenson has been a partner in Kaplan Fox & Kilsheimer LLP since 1993. Prior
to joining Kaplan Fox, he was a partner with Proskauer Rose LLP. Earlier in his career,
he was a partner with Schwartz Klink & Schreiber and an associate with Rudnick & Wolfe
(now DLA Piper).
Mr. Arenson has been active in the New York State Bar Association. He has been
a member of the House of Delegates and Sections Caucus from 2013 to 2017 and since
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June 2019. He was Chair of the Commercial and Federal Litigation Section from June
2013 through May 2014. He has been Co-Chair of the New York State Bar Association
Task Force on the State of Our Courthouses, whose report was adopted by the House of
Delegates on June 20, 2009; a member of the New York State Bar Association Special
Committee on Standards for Pleadings in Federal Litigation, whose report was adopted
by the House of Delegates on June 19, 2010; and a member of the New York State Bar
Association Special Committee on Discovery and Case Management in Federal
Litigation, whose report was adopted by the House of Delegates on June 23, 2012.
Mr. Arenson has written frequently on discovery issues. His published articles
include: "Rule 68 Offers of Judgment and Mootness, Especially for Collective or Class
Actions," 20 NY LITIGATOR 25 (2015); "Report on Proposed Amendments to Federal
Rule of Civil Procedure 45," 17 NY LITIGATOR 21 (2012); “Rule 8 (a)(2) After Twombly:
Has There Been a Plausible Change?” 14 NY LITIGATOR 23 (2009); “Report on
Proposed Federal Rule of Evidence 502,” 12 NY LITIGATOR 49 (2007); “Report: Treating
the Federal Government Like Any Other Person: Toward a Consistent Application of Rule
45,” 12 NY LITIGATOR 35 (2007); “Report of the Commercial and Federal Litigation
Section on the Lawsuit Abuse Reduction Act of 2005,” 11 NY LITIGATOR 26 (2006);
“Report Seeking To Require Party Witnesses Located Out-Of-State Outside 100 Miles To
Appear At Trial Is Not A Compelling Request,” 11 NY LITIGATOR 41 (2006); “Eliminating
a Trap for the Unwary: A Proposed Revision of Federal Rule of Civil Procedure 50,” 9 NY
LITIGATOR 67 (2004); “Committee Report on Rule 30(b)(6),” 9 NY LITIGATOR 72
(2004); “Who Should Bear the Burden of Producing Electronic Information?” 7 FEDERAL
DISCOVERY NEWS, No. 5, at 3 (April 2001); “Work Product vs. Expert Disclosure – No
One Wins,” 6 FEDERAL DISCOVERY NEWS, No. 9, at 3 (August 2000); “Practice Tip:
Reviewing Deposition Transcripts,” 6 FEDERAL DISCOVERY NEWS, No. 5, at 13 (April
2000); “The Civil Procedure Rules: No More Fishing Expeditions,” 5 FEDERAL
DISCOVERY NEWS, No. 9, at 3 (August 1999); “The Good, the Bad and the
Unnecessary: Comments on the Proposed Changes to the Federal Civil Discovery
Rules,” 4 NY LITIGATOR 30 (1998); and “The Search for Reliable Expertise: Comments
on Proposed Amendments to the Federal Rules of Evidence,” 4 NY LITIGATOR 24
(1998). He was co-editor of FEDERAL RULES OF CIVIL PROCEDURE, 1993
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AMENDMENTS, A PRACTICAL GUIDE, published by the New York State Bar
Association; and a co-author of “Report on the Application of Statutes of Limitation in
Federal Litigation,” 53 ALBANY LAW REVIEW 3 (1988).
Mr. Arenson serves as a mediator in the U.S. District Court for the Southern District
of New York. In addition, he is an active alumnus of the Massachusetts Institute of
Technology, having served as a member of the Corporation, a member of the Corporation
Development Committee, vice president of the Association of Alumni/ae, and member of
the Annual Fund Board (of which he was a past chair).
Education:
S.B., Massachusetts Institute of Technology (1971)
J.D., University of Chicago (1975)
Bar Affiliations and Court Admissions:
Bar of the State of Illinois (1975)
Bar of the State of New York (1978)
U.S. Supreme Court
U.S. Courts of Appeals for the Second, Third and Seventh Circuits
U.S. District Courts for the Northern and Central Districts of Illinois, Southern
and Eastern Districts of New York, and Eastern District of Michigan
U.S. Tax Court
Mr. Arenson can be reached by email at: GArenson@kaplanfox.com
LAURENCE KING first joined Kaplan Fox as an associate in 1994. He became a
partner of the firm in 1998. While Mr. King initially joined the firm in New York, in 2000 he
relocated to San Francisco to open the firm's first West Coast office. He is now partner-
in-charge of the firm's San Francisco and Los Angeles offices.
Mr. King practices primarily in the areas of securities litigation, with an emphasis
on institutional investor representation and consumer protection litigation. He has also
practiced in the area of employment litigation. Mr. King has played a substantial role in
cases that have resulted in some of the largest recoveries ever obtained by Kaplan Fox,
including In re 3Com Securities Litigation (N.D. Ca.), In re Informix Securities Litigation
(N.D. Ca.), AOL Time Warner Cases I & II (Ca. Sup. Ct., L.A. Cty.) and Providian Credit
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Card Cases (Ca. Sup. Ct., S.F. Cty.).
An experienced trial lawyer, prior to joining Kaplan Fox Mr. King served as an
assistant district attorney under the legendary Robert Morgenthau in the Manhattan (New
York County) District Attorney's Office, where he tried numerous felony prosecutions to
jury verdict. At Kaplan Fox, he was a member of the trial team for two securities class
actions tried to verdict, In re Biogen Securities Litigation (D. Mass.) and In re Health
Management Securities Litigation (E.D.N.Y.). Mr. King has also participated in trial
preparation for numerous other cases in which favorable settlements were achieved for
our clients on or near the eve of trial.
Mr. King has been selected for inclusion in the Northern California SuperLawyers
each year since 2012, and has previously served as Vice-Chair, and then as Co-Chair,
of the American Association for Justice’s Class Action Litigation Group of the American
Association for Justice. He was also selected for inclusion to the San Francisco Super
Lawyers list (Securities Litigation) for 2012, 2013, 2014 and 2015.
Education:
B.S., Wharton School of the University of Pennsylvania (1985)
J.D., Fordham University School of Law (1988)
Bar Affiliations and Court Admissions:
Bar of the State of New York (1989)
Bar of the State of California (2000)
U.S. Court of Appeals for the Second, Third, Fifth, Ninth and Tenth Circuits
U.S. District Courts for the District of New Jersey, Eastern District of
Pennsylvania, Southern and Eastern Districts of New York, and Northern,
Central and Southern Districts of California
Professional Affiliations:
Bar Association of San Francisco
American Bar Association
American Association for Justice
San Francisco Trial Lawyers’ Association
American Business Trial Lawyers
Mr. King can be reached by email at: LKing@kaplanfox.com
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JOEL B. STRAUSS first associated with Kaplan Fox in 1992 and became a
partner in the firm in 1999. He practices in the area of securities and consumer fraud class
action litigation. He has been repeatedly selected for inclusion to the New York
Super Lawyers list (Securities Litigation) (2007-2010, 2014-2019) and was named to
Lawdragon's 500 Leading Plaintiff Financial Lawyers in the U.S. (2019).
Prior to law school, Mr. Strauss was a senior auditor at the accounting firm Coopers
& Lybrand (n/k/a PricewaterhouseCoopers). Combining his accounting background and
legal skills, he has played a critical role in successfully prosecuting numerous securities
class actions across the country on behalf of shareholders. Mr. Strauss was one of the
lead trial lawyers for the plaintiffs in the first case to go to trial and verdict under the Private
Securities Litigation Reform Act of 1995.
More recently, Mr. Strauss has been involved in representing the firm’s institutional
clients in the following securities class actions, among others: In re Bank of America Corp.
Securities, ERISA & Derivative Litig. (S.D.N.Y.) ($2.425 billion settlement); In re Merrill
Lynch & Co., Inc. Securities, Derivative and ERISA Litig. (S.D.N.Y.) ($475 million
settlement); In re Prestige Brands Holdings Inc. Securities Litig. (S.D.N.Y.) ($11 million
settlement); In re Gentiva Securities Litig. (E.D.N.Y.) ($6.5 million settlement); and In Re
SunPower Securities Litig. (N.D.Cal) ($19.7 million settlement). He has also served as
lead counsel for lead plaintiffs in In re OCA, Inc. Securities Litig. (E.D. La.) ($6.5
million settlement); In re Proquest Company Securities Litig. (E.D. Mich.) ($20 million
settlement) and In re Rocket Fuel, Inc. Securities Litig. (N.D.Cal.) ($3.15 million
settlement). Mr. Strauss also played an active role for plaintiff investors in In Re
Countrywide Financial Corporation Securities Litig. (C.D.Cal), which settled for more than
$600 million.
In the consumer protection area, Mr. Strauss served as Chair of Plaintiffs' Non-
Party Discovery Committee in the Baycol Products Litig., where there were more than
$350 million in settlements.
Mr. Strauss is also active in the firm's growing data privacy practice. In July 2017
he moderated a panel on U.S. Data Privacy Laws at a conference in Tel Aviv. And, among
other data privacy cases in which he has played an active role, Mr. Strauss served as
one of plaintiffs' co-lead counsel in Doe vs. CVS Healthcare Corp., et. al., (S.D. Ohio), a
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class action concerning allegations of the violation of medical privacy of approximately
4,500 class members. The Court approved of a $4.4 million settlement of the action on
January 30, 2020.
Although currently practicing exclusively in the area of law, Mr. Strauss is a
licensed Certified Public Accountant in the State of New York.
Mr. Strauss has also been a guest lecturer on the topics of securities litigation,
auditors’ liability and class actions for seminars sponsored by the Practicing Law Institute
and the Association of the Bar of the City of New York and is an adjunct instructor in the
Political Science department at Yeshiva University.
Since June 2014 Mr. Strauss has served as a member of the New York State Bar
Association's Committee on Legal Education and Admission to the Bar. And, in July 2018,
Mr. Strauss was invited to serve as a member of the Rutgers Cybersecurity Advisory
Board.
Among his various communal activities, Mr. Strauss currently serves as Co-
President of Friends of Jerusalem College of Technology (Machon Lev), is a member of
Yeshiva University’s General Counsel’s Council, a member of the Alumni Advisory Group
at the Benjamin N. Cardozo School of Law, serves as Chair of the Career Guidance and
Placement Committee of Yeshiva University's Undergraduate Alumni Council, is on the
Board of Directors of Yavneh Academy in Paramus, NJ (and is a former Vice -President
and Finance Committee Chair of the school) and is a Mentor in the Orthodox Union's
Impact Accelerator program.
In March 2001 the New Jersey State Assembly issued a resolution recognizing
and commending Mr. Strauss for his extensive community service and leadership.
In 2012 Mr. Strauss received The Alumni Partner of the Year Award from Yeshiva
University's Career Development Office.
Education:
B.A., Yeshiva University (1986)
J.D., Benjamin N. Cardozo School of Law (1992)
HBX|Harvard Business School, Certificate in Entrepreneurship Essentials
(2017)
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AICPA - Cybersecurity Fundamentals for Finance and Accounting
Professionals Certificate (2018)
Bar Affiliations and Court Admissions:
Bar of the State of New Jersey (1992)
Bar of the State of New York (1993)
U.S. Court of Appeals for the First, Second and Third Circuits
U.S. District Courts for the Southern and Eastern Districts of New York and the
District of New Jersey
Professional Affiliations:
American Bar Association (member, Litigation Section, Rule 23 subcommittee)
Association of the Bar of the City of New York
New York State Bar Association
American Institute of Certified Public Accountants
Mr. Strauss can be reached by email at: JStrauss@kaplanfox.com
HAE SUNG NAM joined Kaplan Fox in 1999 and became a partner of the firm in
2005. She practices in the areas of securities and antitrust litigation, mainly focusing in
the firm’s securities practice.
Since joining the firm, Ms. Nam has been involved in all aspects of the securities
practice, including case analysis for the firm’s institutional investor clients. She has been
a key member of the litigation team representing a number of institutional clients in
securities litigation, including cases against Bank of America Corporation, Fannie Mae
and Ambac Financial Group, Inc.. She also has a focus in prosecuting opt-out actions on
behalf of the firm’s clients and has played a significant role in AOL Time Warner Cases I
& II (Ca. Sup. Ct., L.A. Cty.) and State Treasurer of the State of Michigan v. Tyco
International, Ltd., et al, and an opt-out case against Petrobras representing Ohio Public
Employees Retirement System.
Ms. Nam has also been involved in the firm’s antitrust practice, representing
purchasers of flat glass products in a class action alleging a price-fixing conspiracy. She
is currently prosecuting an antitrust case against Keurig. Prior to joining the firm, Ms.
Preview
FILED: NEW YORK COUNTY CLERK 02/18/2021 06:00 PM INDEX NO. 656021/2019 NYSCEF DOC. NO. 74 RECEIVED NYSCEF: 02/18/2021 Exhibit 3 FILED: NEW YORK COUNTY CLERK 02/18/2021 06:00 PM INDEX NO. 656021/2019 NYSCEF DOC. NO. 74 RECEIVED NYSCEF: 02/18/2021 KAPLAN FOX & KILSHEIMER LLP FIRM PROFILE 850 Third Avenue, 14th Floor 681 Prestwick Lane New York, NY 10022 Wheeling, IL 60090 Tel.: 212.687.1980 Tel.: 847.831.1585 Fax: 212.687.7714 Fax.: 847.831.1580 1999 Harrison Street, 12400 Wilshire Boulevard, Suite 1560 Suite 820 Oakland, CA 94612 Los Angeles, CA 90025 Tel.: 415.772.4700 Tel.: 310.575.8604 Fax: 415.772.4707 Fax: 310.444.1913 6109 32nd Place, NW 160 Morris Street Washington, DC 20015 Morristown, NJ 07960 Tel.: 202.669.0658 Tel.: 973.656.0222 Fax: 973.401.1114 NEW YORK, NY LOS ANGELES, CA OAKLAND, CA CHICAGO, IL WASHINGTON, D.C. MORRISTOWN, NJ FILED: NEW YORK COUNTY CLERK 02/18/2021 06:00 PM INDEX NO. 656021/2019 NYSCEF DOC. NO. 74 RECEIVED NYSCEF: 02/18/2021 History of Kaplan Fox & Kilsheimer LLP Leo Kaplan and James Kilsheimer founded “Kaplan & Kilsheimer” in 1954, making the firm one of the most established litigation practices in the country. James Kilsheimer was a celebrated federal prosecutor in the late 1940s and early 1950s in New York who not only successfully tried some of the highest profile cases in the country, but also handled the U.S. Attorney’s Office’s criminal appeals to the Second Circuit. Now known as “Kaplan Fox & Kilsheimer LLP,” the early commitment to high- stakes litigation continues to define the firm to the present day. In 2009, Portfolio Media’s Law360 ranked Kaplan Fox’s securities litigation practice as one of the top 5 in the country (plaintiff side), and again in July 2014, the Legal 500 ranked Kaplan Fox as one of the top eight plaintiff’s firms for securities litigation. In March 2013, the National Law Journal included Kaplan Fox on its list of the top 10 “hot” litigation boutiques, a list that includes both plaintiff and defense firms. In 2014, 2015 and 2016, more than half of the firm’s partners – including attorneys on both coasts – were rated “Super Lawyers.” The firm has three primary litigation practice areas (antitrust, securities, and consumer protection), and the firm is a leader in all three. To date, we have recovered more than $5 billion for our clients and classes. In addition, the firm has expanded its consumer protection practice to include data privacy litigation, and few other firms can match Kaplan Fox’s recent leadership in this rapidly emerging field. The following describes Kaplan Fox’s major practice areas, its most significant recoveries and its attorneys. FILED: NEW YORK COUNTY CLERK 02/18/2021 06:00 PM INDEX NO. 656021/2019 NYSCEF DOC. NO. 74 RECEIVED NYSCEF: 02/18/2021 Securities Litigation Over the past 35 years, Kaplan Fox has been a leader in prosecuting corporate and securities fraud —ranging from cases concerning accounting fraud to those involving complicated and complex financial instruments. Since the passage of the Private Securities Litigation Reform Act in 1995, Kaplan Fox has emerged as one of the foremost securities litigation firms representing institutional investors of all sizes, including many of the world’s largest public pension funds. Kaplan Fox’s selection by Portfolio Media’s Law360 as one of the five top securities litigation firms (plaintiff side) for 2009 was based, in part, on the representation of public pension funds in high profile and complex securities class actions, including In re Merrill Lynch & Co., Inc. Securities, Derivative & ERISA Litigation; In re Bank of America Corp. Securities, ERISA & Derivative Litigation; In re Fannie Mae Securities Litigation; and In re Ambac Financial Group, Inc. Securities Litigation. Some of the firm’s most significant securities recoveries include: In re Bank of America Corp. Securities, Derivative, and ERISA Litigation, MDL No. 2058 (S.D.N.Y.) ($2.425 billion recovered) In re Merrill Lynch & Co., Inc. Securities Litigation, Master File No. 07-CV-9633 (JSR) (S.D.N.Y.) ($475 million recovered) In re 3Com Securities Litigation, No. C-97-21083-EAI (N.D. Cal.) ($259 million recovered) In re Fannie Mae 2008 Securities Litigation, No. 08-cv-7831 (PAC) (S.D.N.Y.) ($170 million recovered) In re MicroStrategy Securities Litigation, No. CV-00-473-A (E.D. Va.) ($155 million recovered) AOL Time Warner Cases I & II (Opt-out) Nos. 4322 & 4325 (Cal. Superior Court, LA County) ($140 million recovered) 2 FILED: NEW YORK COUNTY CLERK 02/18/2021 06:00 PM INDEX NO. 656021/2019 NYSCEF DOC. NO. 74 RECEIVED NYSCEF: 02/18/2021 In re Informix Securities Litigation, C-97-129-CRB (N.D. Cal.) ($136.5 million recovered) In re Xcel Energy, Inc. Securities Litigation, Master File No. 02- CV-2677-DSD (D. Minn.) ($80 million recovered) In re Elan Corporation Securities Litigation, No. 02-CV-0865- RMB (S.D.N.Y.) ($75 million recovered) In re Sequenom, Inc. Securities Litigation, No. 09-cv-921 (S.D. Cal.) ($70 million recovered) Barry Van Roden, et al. v. Genzyme Corp., et al., No. 03-CV- 4014-LLS (S.D.N.Y.) ($64 million recovered) 3 FILED: NEW YORK COUNTY CLERK 02/18/2021 06:00 PM INDEX NO. 656021/2019 NYSCEF DOC. NO. 74 RECEIVED NYSCEF: 02/18/2021 Antitrust Litigation Kaplan Fox has been at the forefront of significant private antitrust actions, and we have been appointed by courts as lead counsel or members of an executive committee for plaintiffs in some of the largest antitrust cases throughout the United States. This commitment to leadership in the antitrust field goes back to at least 1967, when firm co- founder Leo Kaplan was appointed by the Southern District of New York to oversee the distribution of all ASCAP royalties under the 1950 antitrust consent decree in United States v. American Society of Composers, Authors and Publishers, No. 41-CV-1395 (S.D.N.Y.), a role he held for 28 years until his death in 1995. To this day, ASCAP awards the “Leo Kaplan Award” to an outstanding young composer in honor of Leo’s 28 years of service to ASCAP. Members of the firm have also argued before the U.S. Courts of Appeals some of the most significant decisions in the antitrust field in recent years. For example, Robert Kaplan argued the appeal in In re Flat Glass Antitrust Litigation, 385 F.3d 350 (3d Cir. 2004), and Greg Arenson argued the appeal in In re High Fructose Corn Syrup Antitrust Litigation, 295 F.3d 651 (7th Cir. 2002). In a relatively recent survey of defense counsel, in-house attorneys, and individuals involved in the civil justice reform movement, both were named among the 75 best plaintiffs’ lawyers in the country based on their expertise and influence. Over the years, Kaplan Fox has recovered over $2 billion for our clients in antitrust cases. Some of the larger antitrust recoveries include: In re Air Cargo Shipping Services Antitrust Litigation, MDL 1775 (E.D.N.Y.) (settled during trial preparation, for total settlement of more than $1.25 billion) 4 FILED: NEW YORK COUNTY CLERK 02/18/2021 06:00 PM INDEX NO. 656021/2019 NYSCEF DOC. NO. 74 RECEIVED NYSCEF: 02/18/2021 In re Neurontin Antitrust Litigation, MDL No. 1479, Master File No. 02-1390 (D.N.J.) ($190 million recovered) In re High Fructose Corn Syrup Antitrust Litigation, MDL No. 1087, Master File No. 95-1477 (C.D. Ill.) ($531 million recovered) In re Brand Name Prescription Drugs Antitrust Litigation, MDL 997 (N.D. Ill.) ($720 plus million recovered) In re Infant Formula Antitrust Litigation, MDL 878 (N.D. Fla.) ($126 million recovered) In re Flat Glass Antitrust Litigation, MDL 1200 (W.D. Pa.) ($122 plus million recovered) In re Hydrogen Peroxide Antitrust Litigation, MDL 1682 (E.D. Pa.) ($97 million recovered) In re Plastics Additives Antitrust Litigation, 03-CV-1898 (E.D. Pa.) ($46.8 million recovered) In re Medical X-Ray Film Antitrust Litigation, CV 93-5904 (E.D.N.Y.) ($39.6 million recovered) In re NBR Antitrust Litigation, MDL 1684 (E.D. Pa.) ($34.3 million recovered) 5 FILED: NEW YORK COUNTY CLERK 02/18/2021 06:00 PM INDEX NO. 656021/2019 NYSCEF DOC. NO. 74 RECEIVED NYSCEF: 02/18/2021 Consumer Protection and Data Privacy Litigation The consumer protection practice is headquartered in Kaplan Fox’s Bay Area office, which opened in 2000, and is led by Laurence King, an experienced trial lawyer and former prosecutor. Mr. King also recently served as a Vice-Chair, and then Co-Chair, of the American Association for Justice’s Class Action Litigation Group. Mr. King and our other effective and experienced consumer protection litigators regularly champion the interests of consumers under a variety of state and federal consumer protection laws. Most frequently, these cases are brought as class actions, though under certain circumstances an individual action may be appropriate. Kaplan Fox’s consumer protection attorneys have represented victims of a broad array of misconduct in the manufacturing, testing, marketing, and sale of a variety of products and services and have regularly been appointed as lead or co-lead counsel or as a member of a committee of plaintiffs’ counsel in consumer protection actions by courts throughout the nation. Among our significant achievements are highly recognized cases including In re Baycol Products Litigation, MDL 1431-MJD/JGL (D. Minn.) (victims have recovered $350 million recovered to date); In re Providian Financial Corp. Credit Card Terms Litigation, MDL No. 1301-WY (E.D. Pa.) ($105 million recovered); In re Thomas and Friends Wooden Railway Toys Litig., No. 07-cv-3514 (N.D. Ill.) ($30 million settlement obtained for purchasers of recalled “Thomas Train” toys painted with lead paint); In re Pre-Filled Propane Tank Marketing and Sales Practices Litigation, No. 4:09-md-2086 (W.D. Mo.) (settlements obtained where consumers will receive substantially in excess of actual damages and significant injunctive relief); Berry v. Mega Brands Inc., No. 08-CV-1750 (D.N.J.) (class-wide settlement obtained where consumers 6 FILED: NEW YORK COUNTY CLERK 02/18/2021 06:00 PM INDEX NO. 656021/2019 NYSCEF DOC. NO. 74 RECEIVED NYSCEF: 02/18/2021 will receive full refunds for defective products), and David Wolf, et al. v. Red Bull GmBH, et al., No. 1:13-cv-08008 (S.D.N.Y.) ($13 million settlement fund obtained for purchasers of Red Bull energy drink). Data privacy is a fairly new area of law and broadly encompasses two scenarios. In a data breach case, a defendant has lawful custody of data, but fails to safeguard it or use it in an appropriate manner. In a tracking case, the defendant intercepts or otherwise gathers digital data to which it is not entitled in the first place. Kaplan Fox is an emerging leader in both types of data privacy litigation. For example, Mr. King filed and successfully prosecuted one of very first online data breach cases, Syran v. LexisNexis Group, No. 05-cv-0909 (S.D. Cal.), and was court-appointed liaison counsel in a recently successfully concluded data breach case against LinkedIn. See In re: LinkedIn User Privacy Litigation, No. 12-cv-3088-EJD (N.D. Cal.). The firm also settled a data privacy case against Universal Property & Casualty Insurance Company related to the public exposure of sensitive customer data. See Rodriguez v. Universal Property & Cas. Ins. Co., No. 16-cv-60442-JK (S.D. Fla.). The firm is also an industry leader in the even newer field of email and internet tracking litigation. Kaplan Fox was appointed Co-Lead Class Counsel in a digital privacy class action against Yahoo!, Inc., related to Yahoo’s alleged practice of scanning emails for content, which was recently settled. See In re: Yahoo Mail Litigation, 5:13-cv-04980- LHK (N.D. Cal.). Current cases include In re: Facebook Internet Tracking Litigation, No. 5:12-md-02314-EJD (N.D. Cal.) (Davila, J.) and In re: Google Inc. Cookie Placement Consumer Privacy Litig., 12-MD-2358-SLR (D. Del.) (Kaplan Fox appointed to plaintiffs’ steering committee). 7 FILED: NEW YORK COUNTY CLERK 02/18/2021 06:00 PM INDEX NO. 656021/2019 NYSCEF DOC. NO. 74 RECEIVED NYSCEF: 02/18/2021 ATTORNEY BIOGRAPHIES PARTNERS ROBERT N. KAPLAN is widely recognized as a leading plaintiff's litigator and has led the prosecution of numerous antitrust and securities fraud actions, recovering billions of dollars for the victims of corporate wrongdoing. He was listed by defense and corporate counsel as one of the top 75 plaintiffs’ attorneys in the United States for all disciplines. Mr. Kaplan was listed as one of the top five attorneys for securities litigation. See Complete List. He was also recognized by Legal 500 as one of the top securities litigators in the United States for 2011, 2012, 2013, 2014, and 2015, and was listed as one of the leading antitrust attorneys in the country for 2015. Mr. Kaplan was recognized as Super Lawyer in the New York Metro Area. He was lead counsel for CalPERS in AOL Time Warner Cases I & II (Ca. Sup. Ct., L.A. Cty.), and was a lead in In re Merrill Lynch & Co., Inc. Securities, Derivative & ERISA Litigation, In re Escala Securities Litigation and In re Bank of America Corp. Securities Litigation, in which a settlement in the amount of $2.425 billion and corporate governance changes was approved by the Court. In the antitrust arena, he has been a lead counsel in many significant actions. He is a lead counsel in In re Air Cargo Antitrust Litigation (more than $1.25 billion in settlements) and was recently appointed by Courts as lead counsel in the DIPF Antitrust Litigation, In re Cast Iron Soil Pipe and Fittings Antitrust Litigation, and In re Keurig Green Mountain Single-Serve Coffee Antitrust Litigation. He also represents clients in private antitrust actions, including: Affiliated Foods, Inc., Associated Grocers of New England, Inc., URM Stores, Inc., Western Family Foods, Inc., and Associated Food Stores, Inc. in individual cases against Tri-Union Seafoods, LLC, d/b/a Chicken of the Sea, King Oscar, Inc., Bumble Bee Foods, LLC f/k/a Bumble Bee Seafoods, LLC, and StarKist Co., No. 15-cv-4312, No. 15-cv-3815, No. 15-cv-4187, No. 15-cv-4667 (N.D. Cal.). He previously served, as lead counsel or member of the Executive Committee in numerous plaintiff treble damage actions including In re Neurontin Antitrust Litigation, MDL No. 1479, Master File No. 02-1390 (D.N.J.) ($190 million recovered); In re High 8 FILED: NEW YORK COUNTY CLERK 02/18/2021 06:00 PM INDEX NO. 656021/2019 NYSCEF DOC. NO. 74 RECEIVED NYSCEF: 02/18/2021 Fructose Corn Syrup Antitrust Litigation, MDL No.1087, Master File No. 95-1477 (C.D. Ill) ($531 million recovered); In re Brand Name Prescription Drugs Antitrust Litigation, MDL 997 (N.D. Ill.) ($720 plus million recovered); In re Infant Formula Antitrust Litigation, MDL 878 (N.D. Fla.)($126 million recovered); In re Flat Glass Antitrust Litigation, MDL 1200 (W.O. Pa.) ($122 plus million recovered) (Mr. Kaplan successfully argued an appeal before the U.S. Court of Appeals for the Third Circuit, which issued a ground-breaking and often-cited summary judgment opinion. In re Flat Glass Antitrust Litigation, 385 F.3d 350 (3d ar. 2004); In re Hydrogen Peroxide Antitrust Litigation, MDL 1682 (E.D. Pa.)($97 million recovered); In re Plastics Additives Antitrust Litigation, 03-CV-1898 (E.D.Pa.) ($46.8 million recovered); In re Medical X-Ray Film Antitrust Litigation, CV 93-5904 (E.D.N.Y.) ($39.6 million recovered); and In re NBR Antitrust Litigation, MDL 1684 (E.D. Pa.) ($34.3 million recovered). Mr. Kaplan is also representing financial institutions across the country in data breach cases against Home Depot and is a member of the Plaintiffs’ Steering Committee. Mr. Kaplan was a trial attorney with the Antitrust Division of the U.S. Department of Justice. There, he litigated civil and criminal actions. He also served as law clerk to the Hon. Sylvester J. Ryan, then chief judge of the U.S. District Court for the Southern District of New York and served as an acting judge of the City Court for the City of Rye, N.Y. In addition to his litigation practice, he has also been active in bar and legal committees. For more than fifteen years, he has been a member of what is now known as the Eastern District of New York’s Courts Committee on Civil Litigation. Mr. Kaplan has also been actively involved in the Federal Bar Council, an organization of judges and attorneys in the Second circuit and is a member of the Program and Winter Planning Committees. Recently Mr. Kaplan was invited by the United States Judicial Center and participated in a multi-day seminar for federal judges about complex litigation. In addition, Mr. Kaplan has served as a member of the Trade Regulation and Federal Courts Committees of the Association of the Bar of the City of New York. Mr. Kaplan’s published articles include: “Complaint and Discovery In Securities Cases,” Trial, April 1987; “Franchise Statutes and Rules,” Westchester Bar Topics, Winter 9 FILED: NEW YORK COUNTY CLERK 02/18/2021 06:00 PM INDEX NO. 656021/2019 NYSCEF DOC. NO. 74 RECEIVED NYSCEF: 02/18/2021 1983; “Roots Under Attack: Alexander v. Haley and Courlander v. Haley,” Communications and the Law, July 1979. Mr. Kaplan sits on the boards of several organizations, including the Columbia Law School Board of Visitors, Board of Directors of the Carver Center in Port Chester, N.Y., Member of the Dana Farber Visiting Committee, Thoracic Oncology in Boston, MA, and Member of Board of Trustees for the Rye Historical Society. Education: B.A., Williams College (1961) J.D., Columbia University Law School (1964) Bar Affiliations and Court Admissions: Bar of the State of New York (1964) Bar of the District of Columbia (2013) U.S. Supreme Court U.S. Courts of Appeals for the Second, Third, Seventh, Ninth, Tenth and Eleventh Circuits U.S. District Courts for the Southern, Eastern, Western and Northern Districts of New York, the Central District of Illinois, and the District of Arizona Professional Affiliations: Federal Bar Council Committee to Support the Antitrust Laws (past President) National Association of Securities and Commercial Law Attorneys (past President) Advisory Group of the U.S. District Court for the Eastern District of New York American Bar Association Association of Trial Lawyers of America (Chairman, Commercial Litigation Section, 1985-86) Association of the Bar of the City of New York (served on the Trade Regulation Committee; Committee on Federal Courts) Member of Board of Trustees for the Rye Historical Society Mr. Kaplan can be reached by email at: RKaplan@kaplanfox.com 10 FILED: NEW YORK COUNTY CLERK 02/18/2021 06:00 PM INDEX NO. 656021/2019 NYSCEF DOC. NO. 74 RECEIVED NYSCEF: 02/18/2021 FREDERIC S. FOX first associated with Kaplan Fox in 1984 and became a partner in the firm in 1991. For over 30 years, he has concentrated his work in the area of class action litigation. Mr. Fox has played important roles in many major class action cases. He was one of the lead trial lawyers in two securities class actions, one of which was the first case tried to verdict under the Private Securities Litigation Reform Act of 1995. Mr. Fox has played a lead role in many major securities class action cases, including as a senior member of the litigation and trial team in In re Bank of America Corp. Securities, ERISA, & Derivative Litigation, No. 09-MDL-2058 (S.D.N.Y.) (“In re Bank of America”). The case arose out of Bank of America’s acquisition of Merrill Lynch. In re Bank of America which settled for $2.425 billion plus significant corporate governance reforms and stands as one of the largest securities class action settlements in history. In In re Bank of America, Mr. Fox served as lead counsel on behalf of major public pension funds. Mr. Fox currently represents many institutional investors including governmental entities in both class actions and individual litigation. Mr. Fox recently led the team of attorneys that prosecuted an individual opt-out action on behalf of a public pension fund arising out of the fraud at Petrobras in Brazil. Other significant cases in which Mr. Fox served as lead counsel include: In re Merrill Lynch & Co., Inc. Securities, Derivative, & ERISA Litigation, No. 07-cv-9633 (S.D.N.Y.)(in which he was the primary attorney responsible for negotiating the $475 million settlement); In re Fannie Mae 2008 Securities Litigation, No. 08-cv-7831 (S.D.N.Y.) (“In re Fannie Mae 2008”) ($170 million settlement); In re SunPower Securities Litigation, Case No. 09-cv-5473 (N.D. Cal.); In re Merrill Lynch Research Reports Securities Litigation (S.D.N.Y.) (arising from analyst reports issued by Henry Blodget); In re Salomon Analyst Williams Litigation (S.D.N.Y.) and In re Salomon Focal Litigation (S.D.N.Y.) (both actions stemming from analyst reports issued by Jack Grubman). Mr. Fox has also handled derivative cases seeking corporate governance reform and other shareholder litigation on behalf of public pension funds asserting state law and foreign causes of action. Mr. Fox is a frequent speaker and panelist in both the U.S and abroad on a variety of topics including securities litigation and corporate governance. 11 FILED: NEW YORK COUNTY CLERK 02/18/2021 06:00 PM INDEX NO. 656021/2019 NYSCEF DOC. NO. 74 RECEIVED NYSCEF: 02/18/2021 In the consumer protection area, he served on the Plaintiffs’ Steering Committee in the Baycol Products Litigation where there have been more than $350 million in settlements. Additionally, he is serving as one of the Co-lead Counsel in In re RC2 Corp. Toy Lead Paint Products Liability Litigation pending in the Northern District of Illinois. Mr. Fox is listed in the current editions of New York Super Lawyers and was recognized in Benchmark Litigation as a New York “Litigation Star.” Mr. Fox is the author of “Current Issues and Strategies in Discovery in Securities Litigation,” ATLA, 1989 Reference Material; “Securities Litigation: Updates and Strategies,” ATLA, 1990 Reference Material; and “Contributory Trademark Infringement: The Legal Standard after Inwood Laboratories, Inc. v. Ives Laboratories,” University of Bridgeport Law Review, Vol. 4, No. 2. During law school, Mr. Fox was the notes and comments editor of the University of Bridgeport Law Review. Education: B.A., Queens College (1981) J.D., Bridgeport School of Law (1984) Bar Affiliations and Court Admissions: Bar of the State of New York (1985) Bar of the District of Columbia (2013) U.S. Supreme Court U.S. Courts of Appeals for the First, Second, Fourth, Sixth and Eleventh Circuits U.S. District Courts for the Southern and Eastern Districts of New York, the District of Colorado and the District of Columbia Professional Affiliations: Federal Bar Council American Bar Association Association of the Bar of the City of New York Association of Trial Lawyers of America (Chairman, Commercial Law Section, 1991-92) Mr. Fox can be reached by email at: FFox@kaplanfox.com 12 FILED: NEW YORK COUNTY CLERK 02/18/2021 06:00 PM INDEX NO. 656021/2019 NYSCEF DOC. NO. 74 RECEIVED NYSCEF: 02/18/2021 GREGORY K. ARENSON is a seasoned business litigator with experience representing clients in a variety of areas, including antitrust, securities, and employee termination. Mr. Arenson is principally a plaintiffs' antitrust lawyer. His economics and econometrics background have provided a foundation for his recognized expertise in handling complex economic issues in antitrust cases, both as to class certification and on the merits. He has worked with economic experts in, among others, In re Air Cargo Shipping Servs. Antitrust Litig., Master File No. 06-MD-1175 (JG)(VVP), 2014 WL 7882100 (E.D.N.Y. Oct. 15, 2014), adopted in its entirety, 2015 WL 5093503 (E.D.N.Y. July 10, 2015); In re Ethylene Propylene Diene Monomer (EPDM) Antitrust Litig., 256 F.R.D. 82 (D. Conn. 2009); In re Foundry Resins Antitrust Litig., 242 F.R.D. 393 (S.D. Ohio 2007); In re Carbon Black Antitrust Litig., No. Civ. A. 03-10191-DPW, MDL No. 1543, 2005 WL 102966 (D. Mass. Jan. 18, 2005); In re Microcrystalline Cellulose Antitrust Litig., 218 F.R.D. 79 (E.D. Pa. 2003); Bearings Cases, Case No. 12-00501, and Wire Harness Cases, Case No. 12-00101, part of In re Automotive Parts Antitrust Litig., E.D. Mich., Master File No. 12-md-02311; Affiliated Foods, Inc., et al. v. Tri-Union Seafoods, LLC d/b/a Chicken of the Sea Int’l, et al., part of In re Packaged Seafood Prods. Antitrust Litig., S.D. Cal., Case No. 15-MD-2670 JLS (MDD); In re Domestic Airline Travel Antitrust Litig., D.D.C., MDL Docket No. 2656, Misc. No. 15-1404 (CKK); In re Dental Supplies Antitrust Litig., E.D.N.Y., Case No. 16-cv-696 (BMC)(GRB); In re Ductile Iron Pipe Fittings (“DIPF”) Direct Purchaser Antitrust Litig., D.N.J., Civ. No. 12-711 (AET)(LHG); In re Cast Iron Soil Pipe & Fittings Antitrust Litig., E.D. Tenn., No. 1:14-md-2508; and In re Pool Prods. Distribution Mkt. Antitrust Litig., E.D. La., MDL No. 2328. He also argued the appeals in In re High Fructose Corn Syrup Antitrust Litig., 295 F.3d 651 (7th Cir. 2002), and In re Hydrogen Peroxide Antitrust Litig., 552 F.3d 305 (3d Cir. 2009). He has been ranked as a Super Lawyer for several years. Mr. Arenson has been a partner in Kaplan Fox & Kilsheimer LLP since 1993. Prior to joining Kaplan Fox, he was a partner with Proskauer Rose LLP. Earlier in his career, he was a partner with Schwartz Klink & Schreiber and an associate with Rudnick & Wolfe (now DLA Piper). Mr. Arenson has been active in the New York State Bar Association. He has been a member of the House of Delegates and Sections Caucus from 2013 to 2017 and since 13 FILED: NEW YORK COUNTY CLERK 02/18/2021 06:00 PM INDEX NO. 656021/2019 NYSCEF DOC. NO. 74 RECEIVED NYSCEF: 02/18/2021 June 2019. He was Chair of the Commercial and Federal Litigation Section from June 2013 through May 2014. He has been Co-Chair of the New York State Bar Association Task Force on the State of Our Courthouses, whose report was adopted by the House of Delegates on June 20, 2009; a member of the New York State Bar Association Special Committee on Standards for Pleadings in Federal Litigation, whose report was adopted by the House of Delegates on June 19, 2010; and a member of the New York State Bar Association Special Committee on Discovery and Case Management in Federal Litigation, whose report was adopted by the House of Delegates on June 23, 2012. Mr. Arenson has written frequently on discovery issues. His published articles include: "Rule 68 Offers of Judgment and Mootness, Especially for Collective or Class Actions," 20 NY LITIGATOR 25 (2015); "Report on Proposed Amendments to Federal Rule of Civil Procedure 45," 17 NY LITIGATOR 21 (2012); “Rule 8 (a)(2) After Twombly: Has There Been a Plausible Change?” 14 NY LITIGATOR 23 (2009); “Report on Proposed Federal Rule of Evidence 502,” 12 NY LITIGATOR 49 (2007); “Report: Treating the Federal Government Like Any Other Person: Toward a Consistent Application of Rule 45,” 12 NY LITIGATOR 35 (2007); “Report of the Commercial and Federal Litigation Section on the Lawsuit Abuse Reduction Act of 2005,” 11 NY LITIGATOR 26 (2006); “Report Seeking To Require Party Witnesses Located Out-Of-State Outside 100 Miles To Appear At Trial Is Not A Compelling Request,” 11 NY LITIGATOR 41 (2006); “Eliminating a Trap for the Unwary: A Proposed Revision of Federal Rule of Civil Procedure 50,” 9 NY LITIGATOR 67 (2004); “Committee Report on Rule 30(b)(6),” 9 NY LITIGATOR 72 (2004); “Who Should Bear the Burden of Producing Electronic Information?” 7 FEDERAL DISCOVERY NEWS, No. 5, at 3 (April 2001); “Work Product vs. Expert Disclosure – No One Wins,” 6 FEDERAL DISCOVERY NEWS, No. 9, at 3 (August 2000); “Practice Tip: Reviewing Deposition Transcripts,” 6 FEDERAL DISCOVERY NEWS, No. 5, at 13 (April 2000); “The Civil Procedure Rules: No More Fishing Expeditions,” 5 FEDERAL DISCOVERY NEWS, No. 9, at 3 (August 1999); “The Good, the Bad and the Unnecessary: Comments on the Proposed Changes to the Federal Civil Discovery Rules,” 4 NY LITIGATOR 30 (1998); and “The Search for Reliable Expertise: Comments on Proposed Amendments to the Federal Rules of Evidence,” 4 NY LITIGATOR 24 (1998). He was co-editor of FEDERAL RULES OF CIVIL PROCEDURE, 1993 14 FILED: NEW YORK COUNTY CLERK 02/18/2021 06:00 PM INDEX NO. 656021/2019 NYSCEF DOC. NO. 74 RECEIVED NYSCEF: 02/18/2021 AMENDMENTS, A PRACTICAL GUIDE, published by the New York State Bar Association; and a co-author of “Report on the Application of Statutes of Limitation in Federal Litigation,” 53 ALBANY LAW REVIEW 3 (1988). Mr. Arenson serves as a mediator in the U.S. District Court for the Southern District of New York. In addition, he is an active alumnus of the Massachusetts Institute of Technology, having served as a member of the Corporation, a member of the Corporation Development Committee, vice president of the Association of Alumni/ae, and member of the Annual Fund Board (of which he was a past chair). Education: S.B., Massachusetts Institute of Technology (1971) J.D., University of Chicago (1975) Bar Affiliations and Court Admissions: Bar of the State of Illinois (1975) Bar of the State of New York (1978) U.S. Supreme Court U.S. Courts of Appeals for the Second, Third and Seventh Circuits U.S. District Courts for the Northern and Central Districts of Illinois, Southern and Eastern Districts of New York, and Eastern District of Michigan U.S. Tax Court Mr. Arenson can be reached by email at: GArenson@kaplanfox.com LAURENCE KING first joined Kaplan Fox as an associate in 1994. He became a partner of the firm in 1998. While Mr. King initially joined the firm in New York, in 2000 he relocated to San Francisco to open the firm's first West Coast office. He is now partner- in-charge of the firm's San Francisco and Los Angeles offices. Mr. King practices primarily in the areas of securities litigation, with an emphasis on institutional investor representation and consumer protection litigation. He has also practiced in the area of employment litigation. Mr. King has played a substantial role in cases that have resulted in some of the largest recoveries ever obtained by Kaplan Fox, including In re 3Com Securities Litigation (N.D. Ca.), In re Informix Securities Litigation (N.D. Ca.), AOL Time Warner Cases I & II (Ca. Sup. Ct., L.A. Cty.) and Providian Credit 15 FILED: NEW YORK COUNTY CLERK 02/18/2021 06:00 PM INDEX NO. 656021/2019 NYSCEF DOC. NO. 74 RECEIVED NYSCEF: 02/18/2021 Card Cases (Ca. Sup. Ct., S.F. Cty.). An experienced trial lawyer, prior to joining Kaplan Fox Mr. King served as an assistant district attorney under the legendary Robert Morgenthau in the Manhattan (New York County) District Attorney's Office, where he tried numerous felony prosecutions to jury verdict. At Kaplan Fox, he was a member of the trial team for two securities class actions tried to verdict, In re Biogen Securities Litigation (D. Mass.) and In re Health Management Securities Litigation (E.D.N.Y.). Mr. King has also participated in trial preparation for numerous other cases in which favorable settlements were achieved for our clients on or near the eve of trial. Mr. King has been selected for inclusion in the Northern California SuperLawyers each year since 2012, and has previously served as Vice-Chair, and then as Co-Chair, of the American Association for Justice’s Class Action Litigation Group of the American Association for Justice. He was also selected for inclusion to the San Francisco Super Lawyers list (Securities Litigation) for 2012, 2013, 2014 and 2015. Education: B.S., Wharton School of the University of Pennsylvania (1985) J.D., Fordham University School of Law (1988) Bar Affiliations and Court Admissions: Bar of the State of New York (1989) Bar of the State of California (2000) U.S. Court of Appeals for the Second, Third, Fifth, Ninth and Tenth Circuits U.S. District Courts for the District of New Jersey, Eastern District of Pennsylvania, Southern and Eastern Districts of New York, and Northern, Central and Southern Districts of California Professional Affiliations: Bar Association of San Francisco American Bar Association American Association for Justice San Francisco Trial Lawyers’ Association American Business Trial Lawyers Mr. King can be reached by email at: LKing@kaplanfox.com 16 FILED: NEW YORK COUNTY CLERK 02/18/2021 06:00 PM INDEX NO. 656021/2019 NYSCEF DOC. NO. 74 RECEIVED NYSCEF: 02/18/2021 JOEL B. STRAUSS first associated with Kaplan Fox in 1992 and became a partner in the firm in 1999. He practices in the area of securities and consumer fraud class action litigation. He has been repeatedly selected for inclusion to the New York Super Lawyers list (Securities Litigation) (2007-2010, 2014-2019) and was named to Lawdragon's 500 Leading Plaintiff Financial Lawyers in the U.S. (2019). Prior to law school, Mr. Strauss was a senior auditor at the accounting firm Coopers & Lybrand (n/k/a PricewaterhouseCoopers). Combining his accounting background and legal skills, he has played a critical role in successfully prosecuting numerous securities class actions across the country on behalf of shareholders. Mr. Strauss was one of the lead trial lawyers for the plaintiffs in the first case to go to trial and verdict under the Private Securities Litigation Reform Act of 1995. More recently, Mr. Strauss has been involved in representing the firm’s institutional clients in the following securities class actions, among others: In re Bank of America Corp. Securities, ERISA & Derivative Litig. (S.D.N.Y.) ($2.425 billion settlement); In re Merrill Lynch & Co., Inc. Securities, Derivative and ERISA Litig. (S.D.N.Y.) ($475 million settlement); In re Prestige Brands Holdings Inc. Securities Litig. (S.D.N.Y.) ($11 million settlement); In re Gentiva Securities Litig. (E.D.N.Y.) ($6.5 million settlement); and In Re SunPower Securities Litig. (N.D.Cal) ($19.7 million settlement). He has also served as lead counsel for lead plaintiffs in In re OCA, Inc. Securities Litig. (E.D. La.) ($6.5 million settlement); In re Proquest Company Securities Litig. (E.D. Mich.) ($20 million settlement) and In re Rocket Fuel, Inc. Securities Litig. (N.D.Cal.) ($3.15 million settlement). Mr. Strauss also played an active role for plaintiff investors in In Re Countrywide Financial Corporation Securities Litig. (C.D.Cal), which settled for more than $600 million. In the consumer protection area, Mr. Strauss served as Chair of Plaintiffs' Non- Party Discovery Committee in the Baycol Products Litig., where there were more than $350 million in settlements. Mr. Strauss is also active in the firm's growing data privacy practice. In July 2017 he moderated a panel on U.S. Data Privacy Laws at a conference in Tel Aviv. And, among other data privacy cases in which he has played an active role, Mr. Strauss served as one of plaintiffs' co-lead counsel in Doe vs. CVS Healthcare Corp., et. al., (S.D. Ohio), a 17 FILED: NEW YORK COUNTY CLERK 02/18/2021 06:00 PM INDEX NO. 656021/2019 NYSCEF DOC. NO. 74 RECEIVED NYSCEF: 02/18/2021 class action concerning allegations of the violation of medical privacy of approximately 4,500 class members. The Court approved of a $4.4 million settlement of the action on January 30, 2020. Although currently practicing exclusively in the area of law, Mr. Strauss is a licensed Certified Public Accountant in the State of New York. Mr. Strauss has also been a guest lecturer on the topics of securities litigation, auditors’ liability and class actions for seminars sponsored by the Practicing Law Institute and the Association of the Bar of the City of New York and is an adjunct instructor in the Political Science department at Yeshiva University. Since June 2014 Mr. Strauss has served as a member of the New York State Bar Association's Committee on Legal Education and Admission to the Bar. And, in July 2018, Mr. Strauss was invited to serve as a member of the Rutgers Cybersecurity Advisory Board. Among his various communal activities, Mr. Strauss currently serves as Co- President of Friends of Jerusalem College of Technology (Machon Lev), is a member of Yeshiva University’s General Counsel’s Council, a member of the Alumni Advisory Group at the Benjamin N. Cardozo School of Law, serves as Chair of the Career Guidance and Placement Committee of Yeshiva University's Undergraduate Alumni Council, is on the Board of Directors of Yavneh Academy in Paramus, NJ (and is a former Vice -President and Finance Committee Chair of the school) and is a Mentor in the Orthodox Union's Impact Accelerator program. In March 2001 the New Jersey State Assembly issued a resolution recognizing and commending Mr. Strauss for his extensive community service and leadership. In 2012 Mr. Strauss received The Alumni Partner of the Year Award from Yeshiva University's Career Development Office. Education: B.A., Yeshiva University (1986) J.D., Benjamin N. Cardozo School of Law (1992) HBX|Harvard Business School, Certificate in Entrepreneurship Essentials (2017) 18 FILED: NEW YORK COUNTY CLERK 02/18/2021 06:00 PM INDEX NO. 656021/2019 NYSCEF DOC. NO. 74 RECEIVED NYSCEF: 02/18/2021 AICPA - Cybersecurity Fundamentals for Finance and Accounting Professionals Certificate (2018) Bar Affiliations and Court Admissions: Bar of the State of New Jersey (1992) Bar of the State of New York (1993) U.S. Court of Appeals for the First, Second and Third Circuits U.S. District Courts for the Southern and Eastern Districts of New York and the District of New Jersey Professional Affiliations: American Bar Association (member, Litigation Section, Rule 23 subcommittee) Association of the Bar of the City of New York New York State Bar Association American Institute of Certified Public Accountants Mr. Strauss can be reached by email at: JStrauss@kaplanfox.com HAE SUNG NAM joined Kaplan Fox in 1999 and became a partner of the firm in 2005. She practices in the areas of securities and antitrust litigation, mainly focusing in the firm’s securities practice. Since joining the firm, Ms. Nam has been involved in all aspects of the securities practice, including case analysis for the firm’s institutional investor clients. She has been a key member of the litigation team representing a number of institutional clients in securities litigation, including cases against Bank of America Corporation, Fannie Mae and Ambac Financial Group, Inc.. She also has a focus in prosecuting opt-out actions on behalf of the firm’s clients and has played a significant role in AOL Time Warner Cases I & II (Ca. Sup. Ct., L.A. Cty.) and State Treasurer of the State of Michigan v. Tyco International, Ltd., et al, and an opt-out case against Petrobras representing Ohio Public Employees Retirement System. Ms. Nam has also been involved in the firm’s antitrust practice, representing purchasers of flat glass products in a class action alleging a price-fixing conspiracy. She is currently prosecuting an antitrust case against Keurig. Prior to joining the firm, Ms.