Preview
Hearing Date: No hearing scheduled
Location: <>
Judge: Calendar, 15
FILED
11/2/2023 8:42 PM
IRIS Y. MARTINEZ
CIRCUIT CLERK
COOK COUNTY, IL
FILED DATE: 11/2/2023 8:42 PM 2018CH11423
2018CH11423
Calendar, 15
25060545
EXHIBIT 2
IN THE CIRCUIT COURT OF COOK COUNTY, ILLINOIS
COUNTY DEPARTMENT, CHANCERY DIVISION
FILED DATE: 11/2/2023 8:42 PM 2018CH11423
MARTINIQUE OWENS and AMELIA
GARCIA, individually and on behalf of all
others similarly situated,
Case No. 2018-CH-11423
Plaintiffs,
Honorable Anna M. Loftus
v.
Calendar 15
WENDY’S INTERNATIONAL, LLC, an Ohio
limited liability company,
Defendant.
DECLARATION OF SCHUYLER UFKES
IN SUPPORT OF PLAINTIFFS’ MOTION FOR
PRELIMINARY APPROVAL OF CLASS ACTION SETTLEMENT
Under penalties as provided by law pursuant to Section 1-109 of the Code of Civil
Procedure, the undersigned certifies that the statements set forth in this instrument are true and
correct, except as to matters therein stated to be on information and belief, and as to such matters
the undersigned certifies as aforesaid that he verily believes the same to be true:
1. I am an attorney admitted to practice before the Supreme Court of the State of
Illinois. I am entering this Declaration in support of Plaintiffs’ Motion and Memorandum in
Support of Preliminary Approval of Class Action Settlement. 1 This Declaration is based upon my
personal knowledge except where expressly noted otherwise. If called upon to testify to the
matters stated herein, I could and would competently do so.
1 Unless otherwise specified, all capitalized terms are defined in the Class Action
Settlement Agreement (the “Agreement” or “Settlement”), which is attached as Exhibit 1 to
Plaintiffs’ Motion and Memorandum in Support of Preliminary Approval of Class Action
Settlement.
1
2. I am an associate at Edelson PC (also referred to as the “Firm”), which has been
retained to represent the named Plaintiffs in this matter, Martinique Owens and Amelia Garcia.
FILED DATE: 11/2/2023 8:42 PM 2018CH11423
3. My Firm sought third-party discovery from NCR Corporation, on behalf of
Plaintiffs. When this action was initially filed, Plaintiffs named NCR as a respondent in
discovery and served written discovery requests on NCR on December 10, 2018, to which NCR
responded on March 15, 2019. NCR ultimately produced over three hundred pages of
documents.
4. My Firm served Plaintiffs’ first set of interrogatories and requests for production
to Defendant Wendy’s International, LLC (“Wendy’s” or “Defendant”) on August 6, 2020.
Wendy’s responded on September 4, 2020, indicating that it would move to stay discovery in
lieu of answering.
5. The Settlement was reached through arm’s-length negotiations and without
collusion. In February 2023, counsel for Wendy’s and my Firm began to discuss the possibility
of a class-wide settlement. Throughout the course of these discussions, Wendy’s provided
informal discovery to my Firm regarding the size of the putative class. These discussions led to
the Parties scheduling a full-day mediation with Judge James F. Holderman (ret.) of JAMS
Chicago, which took place on April 25, 2023. During the mediation, the Parties exchanged
numerous offers and counteroffers, and negotiated over the course of thirteen hours before
reaching an agreement on the principal terms of the settlement around 10:30 p.m. that night. The
Parties then executed a binding Memorandum of Understanding setting forth the material terms
of the Settlement that night. Over the course of the next several months, counsel for Wendy’s
and my Firm drafted and negotiated the remaining terms of the full, written Settlement
2
Agreement. We exchanged multiple redlined drafts before executing the final version on October
17, 2023.
FILED DATE: 11/2/2023 8:42 PM 2018CH11423
6. I believe that the Settlement is in the best interest of the Settlement Class and is
fair, reasonable, adequate, and deserving of preliminary approval. For the reasons discussed in
Plaintiffs’ motion for preliminary approval, the Settlement provides outstanding monetary and
prospective relief without the uncertainty and delay that years of additional litigation would
bring.
7. A true and accurate copy of the Firm Resume of Edelson PC is attached hereto as
Exhibit 2-A.
* * *
I declare under penalty of the perjury that the foregoing is true and
correct. Executed on November 2, 2023 at Chicago, Illinois.
s/ Schuyler Ufkes
Schuyler Ufkes
3
FILED DATE: 11/2/2023 8:42 PM 2018CH11423
EXHIBIT 2-A
FILED DATE: 11/2/2023 8:42 PM 2018CH11423
FILED DATE: 11/2/2023 8:42 PM 2018CH11423
★ ★ ★ ★ ★ ★ ★
“National reputation as a maverick in [its]
commitment to pursuing big-ticket . . .
cases."
—Law360
Table of Contents
Who We Are 5
FILED DATE: 11/2/2023 8:42 PM 2018CH11423
In the News 7
Plaintiff's Class and Mass Action Practice
General Mass/Class Tort Litigation 8
Environmental Litigation 9
Banking, Lending, and Finance Litigation 10
Privacy and Data Security Litigation 11
General Consumer Litigation 14
Insurance Matters 17
Public Client Litigation and Investigations 19
General Commercial Matters 21
Executive Committee
Founder & CEO 23
Global Managing Partner 25
Managing Partner, Boulder 27
Managing Partner, Chicago 29
Chief of Staff 31
Director of Human Resources 32
Associate Committee Liaison 33
Partners
Ryan D. Andrews 34
Natasha Fernández-Silber 35
J. Aaron Lawson 36
Todd Logan 37
David I. Mindell 38
Roger Perlstadt 39
Jimmy Rock 40
Table of Contents
FILED DATE: 11/2/2023 8:42 PM 2018CH11423
Nicholas Rosinia 41
Yaman Salahi 42
Ari Scharg 43
Alexander G. Tievsky 44
J. Eli Wade-Scott 45
Of Counsel 46
Senior Litigation Counsel 47
Associates
Theo Benjamin 48
Lauren Blazing 49
Megan Delurey 50
Hannah Hilligoss 51
Michael Ovca 52
Emily Penkowski 53
Albert J. Plawinski 54
Angela Reilly 55
Zoë Seaman-Grant 56
Brandt Silver-Korn 57
Schuyler Ufkes 58
Chief Information Officer 59
Who We Are
FILED DATE: 11/2/2023 8:42 PM 2018CH11423
EDELSON PC is a law firm concentrating on high stakes plaintiff’s work
ranging from class and mass actions to public client investigations and
prosecutions. The cases we have litigated—as either lead counsel or as
part of a broader leadership structure—have resulted in settlements and
verdicts totaling over $45 billion.
► e hold records for the largest jury verdict in a privacy case ($925m),
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the largest consumer privacy settlement ($650m), and the largest TCPA
settlement ($76m). We also secured one of the most important consumer
privacy decisions in the U.S. Supreme Court (Robins v. Spokeo). Our class
actions, brought against the national banks in the wake of the housing
collapse, restored over $5 billion in home equity credit lines. We served
as counsel to a member of the 11-person Tort Claimant’s Committee in the
PG&E Bankruptcy, resulting in a historic $13.5 billion settlement. We are the
only firm to have established that online apps can constitute illegal gambling
under state law, resulting in settlements that are collectively worth $651
million. We are co-lead counsel in the NCAA personal injury concussion
cases, leading an MDL involving over 300 class action lawsuits. And we
are representing, or have represented, regulators in cases involving the
deceptive marketing of opioids, environmental cases, privacy cases against
Facebook, Uber, Google and others, cases related to the marketing of
e-cigarettes to children, and cases asserting claims that energy companies
and for-profit hospitals abused the public trust.
► e have testified before the United States Senate and state legislative
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and regulatory bodies on class action and consumer protection issues,
cybersecurity and privacy (including election security, children’s privacy and
surreptitious geotracking), sex abuse in children’s sports, and gambling,
and have repeatedly been asked to work on federal, state, and municipal
legislation involving a broad range of issues. We speak regularly at seminars
on consumer protection and class action issues, and routinely lecture at law
schools and other graduate programs.
► e have a “one-of-a-kind” investigation team that sets us apart from others
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in the plaintiff's bar. Our dedicated “internal lab of computer forensic
engineers and tech-savvy lawyers” investigate issues related to “fraudulent
software and hardware, undisclosed tracking of online consumer activity
and illegal data retention,” among numerous other technology related issues
facing consumers. Cybersecurity & Privacy Practice Group of the Year,
Law360 (January 2019).
edelson.com 5
Who We Are
FILED DATE: 11/2/2023 8:42 PM 2018CH11423
► Instead of chasing the headlines, our case development team
is leading the country in both identifying emerging privacy and
technology issues, as well as crafting novel legal theories to match.
Some examples of their groundbreaking accomplishments include:
demonstrating that Microsoft and Apple were continuing to collect
certain geolocation data even after consumers turned “location
services” to “off”; filing multiple suits revealing mobile apps that
“listen” through phone microphones without consent; filing a lawsuit
stemming from personal data collection practices of an intimate IoT
device; and filing suit against a data analytics company alleging that it
had surreptitiously installed tracking software on consumer computers.
As the Hollywood
Reporter explained,
we are “accustomed
to big cases that have
lasting legacy.”
edelson.com 6
In the News
FILED DATE: 11/2/2023 8:42 PM 2018CH11423
The firm and our attorneys regularly get recognized for our groundbreaking work. We have been named by Law360
as a Consumer Protection Group of the Year (2016, 2017,2019, 2020), a Class Action Group of the Year (2019),a
Plaintiff's Class Action Powerhouse (2017,2018, 2019), a Cybersecurity and Privacy Group of the Year (2017,2018,
2019, 2020), a "Privacy Litigation Heavyweight," a "Cybersecurity Trailblazer" by The National Law Journal (2016)
and won sole recognition in 2019 as "Elite Trial Lawyers" in Gaming Law. The National Law Journal also recognized
us as "Elite Trial Lawyers" in Consumer Protection (2020, 2021), Class Action (2021), Privacy/Data Breach (2020),
Mass Torts (2020). and Sports, Entertainment and Media Law (2020). In 2019. we were recognized for the third
consecutive year as an "Illinois Powerhouse," alongside Barack Ferrazzano, Winston & Strawn, Schiff Hardin and
Mayer Brown; in each year. we were the only plaintiff's firm, and the only firm with fewer than one hundred lawyers,
recognized. Edelson was a two time finalist (2021 and 2022) and one-time winner of the Diversity Initiative Award
(2021) by The National Law Journal, given to the plaintiffs firm demonstrating a concerted and successful effort to
promote diversity within its organization and the profession at large.
Our founder has been recognized as a "Titan of the Plaintiff's Bar" by Law360,
one of "America's top trial lawyers" in the mass action arena, a LawDragon
2020 and 2023 Leading Plaintiff Financial Lawyer, a the top "Class Action
and Mass Tort Plaintiff's" Lawyer in Illinois by Leading Lawyers, and one of
"Chicago's Top Ten Startup Founders Over Age 45" by Tech.co-the only
law firm founder to win such an award. Our Global Managing Partner was
recognized as a top 100 lawyer in California by California Daily Journal (2020,
2021).
We have also been recognized by courts for our approach to litigation. which
led the then-Chief Judge of the United States Court for the Northern District
of Illinois to praise our work as "consistent with the highest standards of the
profession" and "a model of what the profession should be .... " In re Kentucky
Fried Chicken Coupon Mktg. & Sales Practices Litig., No. 09-cv-7670, MDL
2103 (N.D. Ill. Nov. 30, 2011). Likewise, in appointing our firm interim co-lead
in one of the most high-profile banking cases in the country, a federal court
pointed to our ability to be "vigorous advocates. constructive problem-solvers,
and civil with their adversaries." In Re JPMorgan Chase Home Equity Line of
edelson.com 7
Our Practice
FILED DATE: 11/2/2023 8:42 PM 2018CH11423
General Mass/Class Tort Litigation
We currently represent, among others, labor unions seeking to recover
losses resulting from the opioid crisis, classes of student athletes dealing with
the long-term effects of concussive and sub-concussive injuries, hundreds
of families experiencing adverse effects of air and water contamination
in their communities, individuals affected by the “Camp Fire” in Northern
California, and victims of the 2020 Labor Day fires in Oregon.
Representative cases and settlements include:
► epresenting hundreds of victims and serving as lead trial counsel, our firm secured a
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jury's verdict for the 2020 Labor Day fires, resulting in a total of at least $87 million in
damages on behalf of the named plaintiffs. This is the first known jury verdict holding a
utility provider, PacifiCorp, accountable for a wildfire. (James v. PacifiCorp, No. 20-CV-
33885)
► epresenting over 1,000 victims of the Northern California “Camp Fire,” allegedly caused
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by utility company Pacific Gas & Electric. Served as counsel to a member of the 11-person
Tort Claimants' Committee in the PG&E Bankruptcy, resulting in a historic $13.5 billion
settlement.
► epresenting hundreds of victims of Oregon's 2020 "Beachie Creek" and "Holiday
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Farm" fires, allegedly caused by local utility companies. The Beachie Creek and Holiday
Farm fires together burned approximately 400,000 acres, destroyed more than 2,000
structures, and took the lives of at least six individuals.
► In re Nat’l Collegiate Athletic Ass’n Single School/Single Sport Concussion Litig., No. 16-
cv-8727, MDL No. 2492 (N.D. Ill.): Appointed co-lead counsel in MDL against the NCAA, its
conferences, and member institutions alleging personal injury claims on behalf of college
football players resulting from repeated concussive and sub-concussive hits.
► epresenting numerous labor unions and health and welfare funds seeking to recover
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losses arising out of the opioid crisis. See, e.g., Illinois Public Risk Fund v. Purdue Pharma
L.P., et al., No. 2019-CH-05847 (Cir. Ct. Cook Cty., Ill.); Int’l Union of Operating Eng’rs, Local
150, et al. v. Purdue Pharma L.P., et al., No. 2019-CH-01548 (Cir. Ct. Cook Cty., Ill.); Village
of Addison et al. v. Actavis LLC et al., No. 2020-CH-05181 (Cir. Ct. Cook Cty., Ill.).
edelson.com 8
Plaintiff's Class and
Mass Action Practice
FILED DATE: 11/2/2023 8:42 PM 2018CH11423
Environmental Litigation
We represent hundreds of families harmed by the damaging effects of
ethylene oxide exposure in their communities, consumers and businesses
whose local water supply was contaminated by a known toxic chemical,
and property owners impacted by the flightpath of Navy fighter planes.
Representative cases and settlements include:
► epresenting three state Attorneys General in their investigations into
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contamination and exposure issues resulting from a “forever chemical” commonly
referred to as PFAS.
► Representing a state Attorney General in investigating and potentially litigating
matters related to the problematic use of a pesticide used in homes, on agricultural
crops, lawns, and gardens, and as a fumigating agent—that is now known to have
contaminated soil and groundwater.
► Representing hundreds of individuals around the country that are suffering the ill-
effects of ethylene oxide exposure—a gas commonly used in medical sterilization
processes. We have brought over 100 personal injury and wrongful death cases
against EtO emitters across the country, as well as numerous medical monitoring
class actions. Brincks et al. v. Medline Indus., Inc., et al., No. 2020-L-008754 (Cir. Ct.
Cook Cty., Ill.); Leslie v. Steris Isomedix Operations, Inc., et al., No. 20-cv-01654 (N.D.
Ill.); Jackson v. 3M Company, et al., No. 19-cv-00522 (D.S.C.).
► epresenting hundreds of individuals who have been exposed through their
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own drinking water and otherwise to PFAS and related "forever chemicals" used
in various applications. This exposure has allegedly led to serious health issues,
including cancer, as well as the devaluation of private property due to, among
other things, the destruction of the water supply. In conjunction with our work in
this space, we have been appointed to the Plaintiff's Executive Committee in In re:
Aqueous Film-Forming Foams (AFFF) Prods. Liability Litig., 18-mn-2873-RMG, MDL
No. 2873 (D.S.C.).
► epresenting property owners on Whidbey Island, Washington, whose homes sit
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directly in the flightpath of dozens of Navy fighter planes. The Navy is alleged to
have significantly increased the number of these planes at the bases at issue, as
well as the frequency of their flights, to the detriment of our clients’ privacy and
properties. Pickard v. USA, No. 19-1928L (Ct. Fed. Claims); Newkirk v. USA, No. 20-
628L (Ct. Fed. Claims).
► ur team has been designated as Panel Members on a State Attorney General’s
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Environmental Counsel Panel.
edelson.com 9
Plaintiff's Class and
Mass Action Practice
FILED DATE: 11/2/2023 8:42 PM 2018CH11423
Banking, Lending, and Finance Litigation
We were at the forefront of litigation arising from the aftermath of the federal
bailouts of the banks. Our suits included claims that certain banks unlawfully
suspended home credit lines based on pretextual reasons, and that certain
banks failed to honor loan modification programs. We achieved the first
federal appellate decision in the country recognizing the right of borrowers
to enforce HAMP plans under state law. The court noted that “[p]rompt
resolution of this matter is necessary not only for the good of the litigants
but for the good of the Country.” Wigod v. Wells Fargo Bank, N.A., 673 F.3d
547, 586 (7th Cir. 2012) (Ripple, J., concurring). Our settlements restored
billions of dollars in home credit lines to people throughout the country.
Representative cases and settlements include:
► In re JP Morgan Chase Bank Home Equity Line of Credit Litig., No. 10-cv-3647 (N.D.
Ill.): Co-lead counsel in nationwide putative class action alleging illegal suspensions
of home credit lines. Settlement restored between $3.2 billion and $4.7 billion in
credit to the class.
► amilton v. Wells Fargo Bank, N.A., No. 09-cv-04152-CW (N.D. Cal.): Lead counsel in
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class actions challenging Wells Fargo’s suspensions of home equity lines of credit.
Nationwide settlement restored access to over $1 billion in credit and provides
industry leading service enhancements and injunctive relief.
► In re Citibank HELOC Reduction Litig., No. 09-cv-0350-MMC (N.D. Cal.): Lead counsel
in class actions challenging Citibank’s suspensions of home equity lines of credit.
The settlement restored up to $653 million worth of credit to affected borrowers.
► igod v. Wells Fargo, No. 10-cv-2348 (N.D. Ill.): Obtained first appellate decision
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in the country recognizing the right of private litigants to sue to enforce HAMP
plans. Settlement provided class members with permanent loan modifications and
substantial cash payments.
edelson.com 10
Plaintiff's Class and
Mass Action Practice
FILED DATE: 11/2/2023 8:42 PM 2018CH11423
Privacy and Data Security
The New York Times has explained that our “cases read like a time capsule
of the last decade, charting how computers have been steadfastly logging
data about our searches, our friends, our bodies.” Courts have described
our attorneys as “pioneers in the electronic privacy class action field,
having litigated some of the largest consumer class actions in the country
on this issue.” See In re Facebook Privacy Litig., No. 10-cv-02389 (N.D.
Cal. Dec. 10, 2010) (order appointing us interim co-lead of privacy class
action); see also In re Netflix Privacy Litig., No. 11-cv-00379 (N.D. Cal. Aug.
12, 2011) (appointing us sole lead counsel due, in part, to our “significant and
particularly specialized expertise in electronic privacy litigation and class
actions”). In Barnes v. Aryzta, No. 17-cv-7358 (N.D. Ill. Jan. 22, 2019), the court
endorsed an expert opinion finding that we “should ‘be counted among
the elite of the profession generally and [in privacy litigation] specifically’
because of [our] expertise in the area.”
Representative cases and settlements include:
► In re Facebook Biometric Privacy Litig., No. 15-cv-03747 (N.D.
Cal.): Filed the first of its kind class action against Facebook
under the Illinois Biometric Information Privacy Act, alleging
Facebook collected facial recognition data from its users without
authorization. Appointed Class Counsel in securing adversarial
certification of class of Illinois Facebook users. Case settled on the
eve of trial for a record breaking $650 million.
► akefield v. Visalus, No. 15-cv-01857 (D. Ore. Apr. 12, 2019): Lead
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counsel in class action alleging that defendant violated federal law
by making unsolicited telemarketing calls. Obtained jury verdict
and judgment equating to more than $925 million in damages to
the class.
edelson.com 11
Plaintiff's Class and
Mass Action Practice
FILED DATE: 11/2/2023 8:42 PM 2018CH11423
Privacy and Data Security
► pokeo, Inc. v. Robins, 136 S. Ct. 1540 (2016): Lead counsel in the
S
landmark case affirming the ability of plaintiffs to bring statutory
claims for relief in federal court. The United States Supreme Court
rejected the argument that individuals must allege “real world”
harm to have standing to sue in federal court; instead the court
recognized that “intangible” harms and even the “risk of future
harm” can establish “standing.” Commentators have called Spokeo
the most significant consumer privacy case in recent years.
► irchmeier v. Caribbean Cruise Line, Inc., et al., No. 12-cv-4069
B
(N.D. Ill.): Co-lead counsel in class action alleging that defendant
violated federal law by making unsolicited telemarketing calls.
On the eve of trial, the case resulted in the largest Telephone
Consumer Protection settlement to date, totaling $76 million.
► atterfield v. Simon & Schuster, Inc., 569 F.3d 946 (9th Cir.
S
2009): Won first ever federal decision finding that text messages
constituted “calls” under the TCPA. In total, we have secured text
message settlements worth over $100 million.
► usinski v. ADP LLC, No. 2017-CH-12364 (Cir. Ct. Cook Cty. Ill.):
K
Secured key victories establishing the liability of time clock vendors
under the Illinois Biometric Information Privacy Act and the largest-
ever BIPA settlement in the employment context with a time clock
vendor for $25 million.
► unstan v. comScore, Inc., No. 11-cv-5807 (N.D. Ill.): Lead counsel
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in certified class action accusing Internet analytics company of
improper data collection practices. The case settled for $14 million.
► oe v. Ann & Robert H. Lurie Children’s Hosp. of Chi., No. 2020-
D
CH-04123 (Cir. Ct. Cook Cty., Ill.): Lead counsel in a class action
alleging breach of contract, breach of confidentiality, negligent
supervision, and other claims against Lurie Children’s Hospital
after employees allegedly accessed medical records without
permission.
edelson.com 12
Plaintiff's Class and
Mass Action Practice
FILED DATE: 11/2/2023 8:42 PM 2018CH11423
Privacy and Data Security
► merican Civil Liberties Union et al. v. Clearview AI, Inc., No. 2020-
A
CH-04353 (Cir. Ct. Cook Cty., Ill.): Representing the American Civil
Liberties Union in lawsuit against Clearview AI for violating the
Illinois Biometric Information Privacy Act through its collection and
storage of Illinois residents’ faceprints.
► onsumer Watchdog v. Zoom Video Commc'ns, Inc., No. 20-cv-
C
02526 (D.D.C): Representing advocacy group Consumer Watchdog
in its lawsuit against Zoom Video Communications Inc, alleging the
company falsely promised to protect communications through end-
to-end encryption.
► ocek v. AllSaints USA Ltd., No. 2016-CH-10056 (Cir. Ct. Cook Cty,
M
Ill.): Lead counsel in a class action alleging the clothing company
AllSaints violated federal law by revealing consumer credit card
numbers and expiration dates. Case settled for
Preview
Hearing Date: No hearing scheduled Location: <> Judge: Calendar, 15 FILED 11/2/2023 8:42 PM IRIS Y. MARTINEZ CIRCUIT CLERK COOK COUNTY, IL FILED DATE: 11/2/2023 8:42 PM 2018CH11423 2018CH11423 Calendar, 15 25060545 EXHIBIT 2 IN THE CIRCUIT COURT OF COOK COUNTY, ILLINOIS COUNTY DEPARTMENT, CHANCERY DIVISION FILED DATE: 11/2/2023 8:42 PM 2018CH11423 MARTINIQUE OWENS and AMELIA GARCIA, individually and on behalf of all others similarly situated, Case No. 2018-CH-11423 Plaintiffs, Honorable Anna M. Loftus v. Calendar 15 WENDY’S INTERNATIONAL, LLC, an Ohio limited liability company, Defendant. DECLARATION OF SCHUYLER UFKES IN SUPPORT OF PLAINTIFFS’ MOTION FOR PRELIMINARY APPROVAL OF CLASS ACTION SETTLEMENT Under penalties as provided by law pursuant to Section 1-109 of the Code of Civil Procedure, the undersigned certifies that the statements set forth in this instrument are true and correct, except as to matters therein stated to be on information and belief, and as to such matters the undersigned certifies as aforesaid that he verily believes the same to be true: 1. I am an attorney admitted to practice before the Supreme Court of the State of Illinois. I am entering this Declaration in support of Plaintiffs’ Motion and Memorandum in Support of Preliminary Approval of Class Action Settlement. 1 This Declaration is based upon my personal knowledge except where expressly noted otherwise. If called upon to testify to the matters stated herein, I could and would competently do so. 1 Unless otherwise specified, all capitalized terms are defined in the Class Action Settlement Agreement (the “Agreement” or “Settlement”), which is attached as Exhibit 1 to Plaintiffs’ Motion and Memorandum in Support of Preliminary Approval of Class Action Settlement. 1 2. I am an associate at Edelson PC (also referred to as the “Firm”), which has been retained to represent the named Plaintiffs in this matter, Martinique Owens and Amelia Garcia. FILED DATE: 11/2/2023 8:42 PM 2018CH11423 3. My Firm sought third-party discovery from NCR Corporation, on behalf of Plaintiffs. When this action was initially filed, Plaintiffs named NCR as a respondent in discovery and served written discovery requests on NCR on December 10, 2018, to which NCR responded on March 15, 2019. NCR ultimately produced over three hundred pages of documents. 4. My Firm served Plaintiffs’ first set of interrogatories and requests for production to Defendant Wendy’s International, LLC (“Wendy’s” or “Defendant”) on August 6, 2020. Wendy’s responded on September 4, 2020, indicating that it would move to stay discovery in lieu of answering. 5. The Settlement was reached through arm’s-length negotiations and without collusion. In February 2023, counsel for Wendy’s and my Firm began to discuss the possibility of a class-wide settlement. Throughout the course of these discussions, Wendy’s provided informal discovery to my Firm regarding the size of the putative class. These discussions led to the Parties scheduling a full-day mediation with Judge James F. Holderman (ret.) of JAMS Chicago, which took place on April 25, 2023. During the mediation, the Parties exchanged numerous offers and counteroffers, and negotiated over the course of thirteen hours before reaching an agreement on the principal terms of the settlement around 10:30 p.m. that night. The Parties then executed a binding Memorandum of Understanding setting forth the material terms of the Settlement that night. Over the course of the next several months, counsel for Wendy’s and my Firm drafted and negotiated the remaining terms of the full, written Settlement 2 Agreement. We exchanged multiple redlined drafts before executing the final version on October 17, 2023. FILED DATE: 11/2/2023 8:42 PM 2018CH11423 6. I believe that the Settlement is in the best interest of the Settlement Class and is fair, reasonable, adequate, and deserving of preliminary approval. For the reasons discussed in Plaintiffs’ motion for preliminary approval, the Settlement provides outstanding monetary and prospective relief without the uncertainty and delay that years of additional litigation would bring. 7. A true and accurate copy of the Firm Resume of Edelson PC is attached hereto as Exhibit 2-A. * * * I declare under penalty of the perjury that the foregoing is true and correct. Executed on November 2, 2023 at Chicago, Illinois. s/ Schuyler Ufkes Schuyler Ufkes 3 FILED DATE: 11/2/2023 8:42 PM 2018CH11423 EXHIBIT 2-A FILED DATE: 11/2/2023 8:42 PM 2018CH11423 FILED DATE: 11/2/2023 8:42 PM 2018CH11423 ★ ★ ★ ★ ★ ★ ★ “National reputation as a maverick in [its] commitment to pursuing big-ticket . . . cases." —Law360 Table of Contents Who We Are 5 FILED DATE: 11/2/2023 8:42 PM 2018CH11423 In the News 7 Plaintiff's Class and Mass Action Practice General Mass/Class Tort Litigation 8 Environmental Litigation 9 Banking, Lending, and Finance Litigation 10 Privacy and Data Security Litigation 11 General Consumer Litigation 14 Insurance Matters 17 Public Client Litigation and Investigations 19 General Commercial Matters 21 Executive Committee Founder & CEO 23 Global Managing Partner 25 Managing Partner, Boulder 27 Managing Partner, Chicago 29 Chief of Staff 31 Director of Human Resources 32 Associate Committee Liaison 33 Partners Ryan D. Andrews 34 Natasha Fernández-Silber 35 J. Aaron Lawson 36 Todd Logan 37 David I. Mindell 38 Roger Perlstadt 39 Jimmy Rock 40 Table of Contents FILED DATE: 11/2/2023 8:42 PM 2018CH11423 Nicholas Rosinia 41 Yaman Salahi 42 Ari Scharg 43 Alexander G. Tievsky 44 J. Eli Wade-Scott 45 Of Counsel 46 Senior Litigation Counsel 47 Associates Theo Benjamin 48 Lauren Blazing 49 Megan Delurey 50 Hannah Hilligoss 51 Michael Ovca 52 Emily Penkowski 53 Albert J. Plawinski 54 Angela Reilly 55 Zoë Seaman-Grant 56 Brandt Silver-Korn 57 Schuyler Ufkes 58 Chief Information Officer 59 Who We Are FILED DATE: 11/2/2023 8:42 PM 2018CH11423 EDELSON PC is a law firm concentrating on high stakes plaintiff’s work ranging from class and mass actions to public client investigations and prosecutions. The cases we have litigated—as either lead counsel or as part of a broader leadership structure—have resulted in settlements and verdicts totaling over $45 billion. ► e hold records for the largest jury verdict in a privacy case ($925m), W the largest consumer privacy settlement ($650m), and the largest TCPA settlement ($76m). We also secured one of the most important consumer privacy decisions in the U.S. Supreme Court (Robins v. Spokeo). Our class actions, brought against the national banks in the wake of the housing collapse, restored over $5 billion in home equity credit lines. We served as counsel to a member of the 11-person Tort Claimant’s Committee in the PG&E Bankruptcy, resulting in a historic $13.5 billion settlement. We are the only firm to have established that online apps can constitute illegal gambling under state law, resulting in settlements that are collectively worth $651 million. We are co-lead counsel in the NCAA personal injury concussion cases, leading an MDL involving over 300 class action lawsuits. And we are representing, or have represented, regulators in cases involving the deceptive marketing of opioids, environmental cases, privacy cases against Facebook, Uber, Google and others, cases related to the marketing of e-cigarettes to children, and cases asserting claims that energy companies and for-profit hospitals abused the public trust. ► e have testified before the United States Senate and state legislative W and regulatory bodies on class action and consumer protection issues, cybersecurity and privacy (including election security, children’s privacy and surreptitious geotracking), sex abuse in children’s sports, and gambling, and have repeatedly been asked to work on federal, state, and municipal legislation involving a broad range of issues. We speak regularly at seminars on consumer protection and class action issues, and routinely lecture at law schools and other graduate programs. ► e have a “one-of-a-kind” investigation team that sets us apart from others W in the plaintiff's bar. Our dedicated “internal lab of computer forensic engineers and tech-savvy lawyers” investigate issues related to “fraudulent software and hardware, undisclosed tracking of online consumer activity and illegal data retention,” among numerous other technology related issues facing consumers. Cybersecurity & Privacy Practice Group of the Year, Law360 (January 2019). edelson.com 5 Who We Are FILED DATE: 11/2/2023 8:42 PM 2018CH11423 ► Instead of chasing the headlines, our case development team is leading the country in both identifying emerging privacy and technology issues, as well as crafting novel legal theories to match. Some examples of their groundbreaking accomplishments include: demonstrating that Microsoft and Apple were continuing to collect certain geolocation data even after consumers turned “location services” to “off”; filing multiple suits revealing mobile apps that “listen” through phone microphones without consent; filing a lawsuit stemming from personal data collection practices of an intimate IoT device; and filing suit against a data analytics company alleging that it had surreptitiously installed tracking software on consumer computers. As the Hollywood Reporter explained, we are “accustomed to big cases that have lasting legacy.” edelson.com 6 In the News FILED DATE: 11/2/2023 8:42 PM 2018CH11423 The firm and our attorneys regularly get recognized for our groundbreaking work. We have been named by Law360 as a Consumer Protection Group of the Year (2016, 2017,2019, 2020), a Class Action Group of the Year (2019),a Plaintiff's Class Action Powerhouse (2017,2018, 2019), a Cybersecurity and Privacy Group of the Year (2017,2018, 2019, 2020), a "Privacy Litigation Heavyweight," a "Cybersecurity Trailblazer" by The National Law Journal (2016) and won sole recognition in 2019 as "Elite Trial Lawyers" in Gaming Law. The National Law Journal also recognized us as "Elite Trial Lawyers" in Consumer Protection (2020, 2021), Class Action (2021), Privacy/Data Breach (2020), Mass Torts (2020). and Sports, Entertainment and Media Law (2020). In 2019. we were recognized for the third consecutive year as an "Illinois Powerhouse," alongside Barack Ferrazzano, Winston & Strawn, Schiff Hardin and Mayer Brown; in each year. we were the only plaintiff's firm, and the only firm with fewer than one hundred lawyers, recognized. Edelson was a two time finalist (2021 and 2022) and one-time winner of the Diversity Initiative Award (2021) by The National Law Journal, given to the plaintiffs firm demonstrating a concerted and successful effort to promote diversity within its organization and the profession at large. Our founder has been recognized as a "Titan of the Plaintiff's Bar" by Law360, one of "America's top trial lawyers" in the mass action arena, a LawDragon 2020 and 2023 Leading Plaintiff Financial Lawyer, a the top "Class Action and Mass Tort Plaintiff's" Lawyer in Illinois by Leading Lawyers, and one of "Chicago's Top Ten Startup Founders Over Age 45" by Tech.co-the only law firm founder to win such an award. Our Global Managing Partner was recognized as a top 100 lawyer in California by California Daily Journal (2020, 2021). We have also been recognized by courts for our approach to litigation. which led the then-Chief Judge of the United States Court for the Northern District of Illinois to praise our work as "consistent with the highest standards of the profession" and "a model of what the profession should be .... " In re Kentucky Fried Chicken Coupon Mktg. & Sales Practices Litig., No. 09-cv-7670, MDL 2103 (N.D. Ill. Nov. 30, 2011). Likewise, in appointing our firm interim co-lead in one of the most high-profile banking cases in the country, a federal court pointed to our ability to be "vigorous advocates. constructive problem-solvers, and civil with their adversaries." In Re JPMorgan Chase Home Equity Line of edelson.com 7 Our Practice FILED DATE: 11/2/2023 8:42 PM 2018CH11423 General Mass/Class Tort Litigation We currently represent, among others, labor unions seeking to recover losses resulting from the opioid crisis, classes of student athletes dealing with the long-term effects of concussive and sub-concussive injuries, hundreds of families experiencing adverse effects of air and water contamination in their communities, individuals affected by the “Camp Fire” in Northern California, and victims of the 2020 Labor Day fires in Oregon. Representative cases and settlements include: ► epresenting hundreds of victims and serving as lead trial counsel, our firm secured a R jury's verdict for the 2020 Labor Day fires, resulting in a total of at least $87 million in damages on behalf of the named plaintiffs. This is the first known jury verdict holding a utility provider, PacifiCorp, accountable for a wildfire. (James v. PacifiCorp, No. 20-CV- 33885) ► epresenting over 1,000 victims of the Northern California “Camp Fire,” allegedly caused R by utility company Pacific Gas & Electric. Served as counsel to a member of the 11-person Tort Claimants' Committee in the PG&E Bankruptcy, resulting in a historic $13.5 billion settlement. ► epresenting hundreds of victims of Oregon's 2020 "Beachie Creek" and "Holiday R Farm" fires, allegedly caused by local utility companies. The Beachie Creek and Holiday Farm fires together burned approximately 400,000 acres, destroyed more than 2,000 structures, and took the lives of at least six individuals. ► In re Nat’l Collegiate Athletic Ass’n Single School/Single Sport Concussion Litig., No. 16- cv-8727, MDL No. 2492 (N.D. Ill.): Appointed co-lead counsel in MDL against the NCAA, its conferences, and member institutions alleging personal injury claims on behalf of college football players resulting from repeated concussive and sub-concussive hits. ► epresenting numerous labor unions and health and welfare funds seeking to recover R losses arising out of the opioid crisis. See, e.g., Illinois Public Risk Fund v. Purdue Pharma L.P., et al., No. 2019-CH-05847 (Cir. Ct. Cook Cty., Ill.); Int’l Union of Operating Eng’rs, Local 150, et al. v. Purdue Pharma L.P., et al., No. 2019-CH-01548 (Cir. Ct. Cook Cty., Ill.); Village of Addison et al. v. Actavis LLC et al., No. 2020-CH-05181 (Cir. Ct. Cook Cty., Ill.). edelson.com 8 Plaintiff's Class and Mass Action Practice FILED DATE: 11/2/2023 8:42 PM 2018CH11423 Environmental Litigation We represent hundreds of families harmed by the damaging effects of ethylene oxide exposure in their communities, consumers and businesses whose local water supply was contaminated by a known toxic chemical, and property owners impacted by the flightpath of Navy fighter planes. Representative cases and settlements include: ► epresenting three state Attorneys General in their investigations into R contamination and exposure issues resulting from a “forever chemical” commonly referred to as PFAS. ► Representing a state Attorney General in investigating and potentially litigating matters related to the problematic use of a pesticide used in homes, on agricultural crops, lawns, and gardens, and as a fumigating agent—that is now known to have contaminated soil and groundwater. ► Representing hundreds of individuals around the country that are suffering the ill- effects of ethylene oxide exposure—a gas commonly used in medical sterilization processes. We have brought over 100 personal injury and wrongful death cases against EtO emitters across the country, as well as numerous medical monitoring class actions. Brincks et al. v. Medline Indus., Inc., et al., No. 2020-L-008754 (Cir. Ct. Cook Cty., Ill.); Leslie v. Steris Isomedix Operations, Inc., et al., No. 20-cv-01654 (N.D. Ill.); Jackson v. 3M Company, et al., No. 19-cv-00522 (D.S.C.). ► epresenting hundreds of individuals who have been exposed through their R own drinking water and otherwise to PFAS and related "forever chemicals" used in various applications. This exposure has allegedly led to serious health issues, including cancer, as well as the devaluation of private property due to, among other things, the destruction of the water supply. In conjunction with our work in this space, we have been appointed to the Plaintiff's Executive Committee in In re: Aqueous Film-Forming Foams (AFFF) Prods. Liability Litig., 18-mn-2873-RMG, MDL No. 2873 (D.S.C.). ► epresenting property owners on Whidbey Island, Washington, whose homes sit R directly in the flightpath of dozens of Navy fighter planes. The Navy is alleged to have significantly increased the number of these planes at the bases at issue, as well as the frequency of their flights, to the detriment of our clients’ privacy and properties. Pickard v. USA, No. 19-1928L (Ct. Fed. Claims); Newkirk v. USA, No. 20- 628L (Ct. Fed. Claims). ► ur team has been designated as Panel Members on a State Attorney General’s O Environmental Counsel Panel. edelson.com 9 Plaintiff's Class and Mass Action Practice FILED DATE: 11/2/2023 8:42 PM 2018CH11423 Banking, Lending, and Finance Litigation We were at the forefront of litigation arising from the aftermath of the federal bailouts of the banks. Our suits included claims that certain banks unlawfully suspended home credit lines based on pretextual reasons, and that certain banks failed to honor loan modification programs. We achieved the first federal appellate decision in the country recognizing the right of borrowers to enforce HAMP plans under state law. The court noted that “[p]rompt resolution of this matter is necessary not only for the good of the litigants but for the good of the Country.” Wigod v. Wells Fargo Bank, N.A., 673 F.3d 547, 586 (7th Cir. 2012) (Ripple, J., concurring). Our settlements restored billions of dollars in home credit lines to people throughout the country. Representative cases and settlements include: ► In re JP Morgan Chase Bank Home Equity Line of Credit Litig., No. 10-cv-3647 (N.D. Ill.): Co-lead counsel in nationwide putative class action alleging illegal suspensions of home credit lines. Settlement restored between $3.2 billion and $4.7 billion in credit to the class. ► amilton v. Wells Fargo Bank, N.A., No. 09-cv-04152-CW (N.D. Cal.): Lead counsel in H class actions challenging Wells Fargo’s suspensions of home equity lines of credit. Nationwide settlement restored access to over $1 billion in credit and provides industry leading service enhancements and injunctive relief. ► In re Citibank HELOC Reduction Litig., No. 09-cv-0350-MMC (N.D. Cal.): Lead counsel in class actions challenging Citibank’s suspensions of home equity lines of credit. The settlement restored up to $653 million worth of credit to affected borrowers. ► igod v. Wells Fargo, No. 10-cv-2348 (N.D. Ill.): Obtained first appellate decision W in the country recognizing the right of private litigants to sue to enforce HAMP plans. Settlement provided class members with permanent loan modifications and substantial cash payments. edelson.com 10 Plaintiff's Class and Mass Action Practice FILED DATE: 11/2/2023 8:42 PM 2018CH11423 Privacy and Data Security The New York Times has explained that our “cases read like a time capsule of the last decade, charting how computers have been steadfastly logging data about our searches, our friends, our bodies.” Courts have described our attorneys as “pioneers in the electronic privacy class action field, having litigated some of the largest consumer class actions in the country on this issue.” See In re Facebook Privacy Litig., No. 10-cv-02389 (N.D. Cal. Dec. 10, 2010) (order appointing us interim co-lead of privacy class action); see also In re Netflix Privacy Litig., No. 11-cv-00379 (N.D. Cal. Aug. 12, 2011) (appointing us sole lead counsel due, in part, to our “significant and particularly specialized expertise in electronic privacy litigation and class actions”). In Barnes v. Aryzta, No. 17-cv-7358 (N.D. Ill. Jan. 22, 2019), the court endorsed an expert opinion finding that we “should ‘be counted among the elite of the profession generally and [in privacy litigation] specifically’ because of [our] expertise in the area.” Representative cases and settlements include: ► In re Facebook Biometric Privacy Litig., No. 15-cv-03747 (N.D. Cal.): Filed the first of its kind class action against Facebook under the Illinois Biometric Information Privacy Act, alleging Facebook collected facial recognition data from its users without authorization. Appointed Class Counsel in securing adversarial certification of class of Illinois Facebook users. Case settled on the eve of trial for a record breaking $650 million. ► akefield v. Visalus, No. 15-cv-01857 (D. Ore. Apr. 12, 2019): Lead W counsel in class action alleging that defendant violated federal law by making unsolicited telemarketing calls. Obtained jury verdict and judgment equating to more than $925 million in damages to the class. edelson.com 11 Plaintiff's Class and Mass Action Practice FILED DATE: 11/2/2023 8:42 PM 2018CH11423 Privacy and Data Security ► pokeo, Inc. v. Robins, 136 S. Ct. 1540 (2016): Lead counsel in the S landmark case affirming the ability of plaintiffs to bring statutory claims for relief in federal court. The United States Supreme Court rejected the argument that individuals must allege “real world” harm to have standing to sue in federal court; instead the court recognized that “intangible” harms and even the “risk of future harm” can establish “standing.” Commentators have called Spokeo the most significant consumer privacy case in recent years. ► irchmeier v. Caribbean Cruise Line, Inc., et al., No. 12-cv-4069 B (N.D. Ill.): Co-lead counsel in class action alleging that defendant violated federal law by making unsolicited telemarketing calls. On the eve of trial, the case resulted in the largest Telephone Consumer Protection settlement to date, totaling $76 million. ► atterfield v. Simon & Schuster, Inc., 569 F.3d 946 (9th Cir. S 2009): Won first ever federal decision finding that text messages constituted “calls” under the TCPA. In total, we have secured text message settlements worth over $100 million. ► usinski v. ADP LLC, No. 2017-CH-12364 (Cir. Ct. Cook Cty. Ill.): K Secured key victories establishing the liability of time clock vendors under the Illinois Biometric Information Privacy Act and the largest- ever BIPA settlement in the employment context with a time clock vendor for $25 million. ► unstan v. comScore, Inc., No. 11-cv-5807 (N.D. Ill.): Lead counsel D in certified class action accusing Internet analytics company of improper data collection practices. The case settled for $14 million. ► oe v. Ann & Robert H. Lurie Children’s Hosp. of Chi., No. 2020- D CH-04123 (Cir. Ct. Cook Cty., Ill.): Lead counsel in a class action alleging breach of contract, breach of confidentiality, negligent supervision, and other claims against Lurie Children’s Hospital after employees allegedly accessed medical records without permission. edelson.com 12 Plaintiff's Class and Mass Action Practice FILED DATE: 11/2/2023 8:42 PM 2018CH11423 Privacy and Data Security ► merican Civil Liberties Union et al. v. Clearview AI, Inc., No. 2020- A CH-04353 (Cir. Ct. Cook Cty., Ill.): Representing the American Civil Liberties Union in lawsuit against Clearview AI for violating the Illinois Biometric Information Privacy Act through its collection and storage of Illinois residents’ faceprints. ► onsumer Watchdog v. Zoom Video Commc'ns, Inc., No. 20-cv- C 02526 (D.D.C): Representing advocacy group Consumer Watchdog in its lawsuit against Zoom Video Communications Inc, alleging the company falsely promised to protect communications through end- to-end encryption. ► ocek v. AllSaints USA Ltd., No. 2016-CH-10056 (Cir. Ct. Cook Cty, M Ill.): Lead counsel in a class action alleging the clothing company AllSaints violated federal law by revealing consumer credit card numbers and expiration dates. Case settled for