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  • LAURA S LEHMAN VS. TRANSBAY JOINT POWERS AUTHORITY ET AL EMINENT DOMAIN document preview
  • LAURA S LEHMAN VS. TRANSBAY JOINT POWERS AUTHORITY ET AL EMINENT DOMAIN document preview
  • LAURA S LEHMAN VS. TRANSBAY JOINT POWERS AUTHORITY ET AL EMINENT DOMAIN document preview
  • LAURA S LEHMAN VS. TRANSBAY JOINT POWERS AUTHORITY ET AL EMINENT DOMAIN document preview
  • LAURA S LEHMAN VS. TRANSBAY JOINT POWERS AUTHORITY ET AL EMINENT DOMAIN document preview
  • LAURA S LEHMAN VS. TRANSBAY JOINT POWERS AUTHORITY ET AL EMINENT DOMAIN document preview
  • LAURA S LEHMAN VS. TRANSBAY JOINT POWERS AUTHORITY ET AL EMINENT DOMAIN document preview
  • LAURA S LEHMAN VS. TRANSBAY JOINT POWERS AUTHORITY ET AL EMINENT DOMAIN document preview
						
                                

Preview

ELECTRONICALLY F I L E D Superior Court of California, County of San Francisco 07/24/2020 Clerk of the Court BY: SANDRA SCHIRO Deputy Clerk 1 and who submitted a valid claim will be paid $10,000 per unit. The repairs that will be made to 2 The Millennium Tower and funded by the Global Settlement will also greatly benefit Settlement 3 Class Members, increase the value of their units, and underscore the reasonableness of the 4 settlement. The total cost of the Upgrade repair alone will be $ 99.1 million. The combination of 5 the monetary compensation and the substantial benefits of the repairs of The Millennium Tower 6 make this an excellent recovery. 7 10. Class Counsel has conducted a thorough investigation into the facts of the class 8 action. Class Counsel performed formal discovery and engaged in a thorough review and 9 analysis of the relevant documents and data. Class Counsel also thoroughly researched the 10 relevant law applicable to Plaintiffs’ claims and the facts of this litigation to evaluate the relative 11 strength of those claims, the likelihood of prevailing thereon and the risks Plaintiffs and the Class 12 Members would have faced had they continued to litigate. 13 11. Class Counsel participated in extensive discovery in this litigation. During 2018 14 and 2019, Class Counsel propounded four sets of interrogatories, four sets of requests for 15 production, and a set of requests for admissions. Class Counsel additionally prepared document 16 subpoenas to the Department of Real Estate and Department of Building Inspector related to The 17 Millennium Tower. 18 12. Class Counsel prepared for and attended 48 deposition sessions of 29 witnesses, 19 including witnesses from the following parties: 20 Millennium Partners: Richard Baumert, Jennifer Iles, Carrie Leung, Sean Jeffries, Steven 21 Hood, Bryan Kowalcyzk, Chris Vaugh-Hulbert, Chris Jeffries; 22 TJPA: Edmund Sum, Brian Dykes, Mark Zabaneh; 23 Arup: John Eddy, Stephen Mclandrich, Kevin Clinch; 24 Webcor: Brian Morton, Mike Sprecher, John Reynolds; 25 Langan: Philip T. Tringale; 26 Transbay Tower: Michael Goldstein; 27 County of San Francisco: Tom Hanson; 28 Treadwell & Rollo: Hadi Yap, Ramin Golesorki, Maria Ayerdi-Kaplan; 4 DECLARATION OF ALLAN STEYER IN SUPPORT OF PLAINTIFFS’ MOTION FOR FINAL APPROVAL OF CLASS ACTION SETTLEMENT 1668914.1 - MILLENNIUM.TOWER EXHIBIT 1 STEYER LOWENTHAL BOODROOKAS ALVAREZ & SMITH LLP 235 Pine Street, 15th Floor San Francisco, CA 94104 Telephone: (415) 421-3400 Fax: (415) 421-2234 Email: steyerlaw.com Allan Steyer is an experienced trial attorney, having tried plaintiff and defense cases in federal and state courts. He has tried cases for the National Football League, Equity Office Properties, USS-POSCO Industries (a US Steel/Pohang Steel Joint Venture), the founders/creators of Ms. Pac Man, ACC Lincoln bondholders (the infamous case against Charles Keating and others), and Technical Equities, a famous Bay Area fraud case involving more than 1,000 investors, including professional athletes and prominent professionals. In addition, he has represented prominent entrepreneurs including Eduardo Saverin, the cofounder of Facebook, and Kirk Perron, the founder of Jamba Juice. Mr. Steyer has been co-lead counsel or played a prominent role in various class and representative cases including Lipuma v. American Express (SD Fla) – settled for $75 million – arising from foreign currency conversion charges to cardholders) Schwartz v. Visa International Corp, et al. (achieved with several co-counsel firms a $780 million judgment after a six month trial in California state court, which later settled for $336 million as part of a nationwide settlement of a companion antitrust case, in re Visa/MasterCard Currency Conversion Litigation (SD NY 2006); and in re TFT-LCD (Flat Panel/Antitrust Litigation) (N.D. Cal) which settled for $1.080 billion in 2012 on the eve of the trial, the largest ever antitrust indirect purchaser case settlement. He successfully defended USS-POSCO Industries in an alleged market allocation antitrust case. The district court granted summary judgment to the defendants and the Ninth Circuit Court of Appeal affirmed. He has litigated more than 50 complex litigation matters including state and federal class actions. Mr. Steyer has been chosen by his peers as a Super Lawyer in Northern California annually since 2004. 1807750.1 - ASFORMS.CLASS STEYER LOWENTHAL BOODROOKAS ALVAREZ & SMITH LLP 235 Pine Street, 15th Floor San Francisco, CA 94104 Telephone: (415) 421-3400 Fax: (415) 421-2234 Email: steyerlaw.com PARTNERS Jeffrey H. Lowenthal, (Member) born Los Angeles, California, January 10, 1958; admitted to bar, 1983, California. Education: University of California at Los Angeles (B.A., 1980); Boalt Hall School of Law, University of California at Berkeley (J.D., 1983). Activities: Chairman, Boalt Hall Moot Court Board, 1982-1983. Northern California Super Lawyer, 2005-2020; Super Lawyer, Corporate Counsel, 2008-2013; Super Lawyer, Business Edition, 2010-2012. Instructor, Boalt Hall School of Law, University of California, 1985-1986. Author, “Evidence,” California Litigation Review, April 1997. Board of Directors, Huckleberry Youth Programs, Inc., 2005-2009 Member, Kentfield Schools Foundation, 1999-2001. Panelist, Early Settlement Program, Bar Association of San Francisco, 2002—. Member: Bar Association of San Francisco; State Bar of California; Marin Trial Lawyers Association (Member, Board of Trustees, 2002); Association of Business Trial Lawyers; California Land Title Association. Practice Areas: Real Property; Title Insurance Law; Commercial Litigation. E-mail: jlowenthal@steyerlaw.com Allan Steyer, (Member) born Brooklyn, New York, July 25, 1952; admitted to bar, 1981, California. Education: State University of New York at Buffalo (B.A., magna cum laude, 1973); University of San Francisco School of Law (J.D., 1981). Activities: Legal Externship, California Supreme Court, Justice Mathew O. Tobriner, 1980. Selected by peers, Northern California Super Lawyer, 2004-2020. Author: “Era of Accounting Irregularities,” May, 2002; “Comprehensive General Liability Policies, 1993: Obligation of the Parties,” Practicing Law Institute; “Insurance Claims and Coverage Litigation;” “The Unfair Settlement Practices Regulations: Issues Relating to Discovery, Admissibility of Evidence In Civil Actions, and Exhaustion of Administrative Remedies,” June, 1993; “Cross-Examination: Seven Steps To Success,” California Litigation, Spring Issue, 1991. Speaker: Hot Topics in Financial Institution Litigation, State Bar of California Convention, September 2005 and October 2004; Innovative Strategies for Pursuing Unfair Competition Claims, State Bar of California Antitrust and Unfair Competition Law Section, May 2004; 2003 Advanced Business Litigation Institute, California CPA Education Foundation - Admissibility of Expert Witness Testimony; Advanced Business Litigation Institute Conference, California CPA Education Foundation, Era of Accounting Irregularities, May 2002; Punitive Damages in California Courts: Post BMW v. Gore, CAOC Seminar, December, 1998; Punitive Damages: Post BMW v. Gore - An Update, CAOC Seminar, December 1997; Punitive Damages: BMW Case, CAOC Seminar, December, 1996; Mediating Wrongful Termination, Harassment and Discrimination Cases, CAOC Seminar, November 1995; The After-Acquired Evidence Defense - Alive and Well?, CAOC Seminar, November 1995; Punitive Damages: Current Status and Trends, CTLA Seminar, December 1993; California Unfair Claims Settlement Practices Regulations: Compliance, Enforcement 1 1807753.1 - ADMIN.ADMIN and Beyond, San Francisco Bar Association Program, June 1993; PLI Program, Comprehensive General Liability Policies; Insurance Claims and Coverage Litigation, New York, May 1993; “The ‘Lincoln Savings’ Trial,” CTLA Seminar, December 1992; “Handling Claims Against Savings and Loan Officers and Directors,” ATLA Advanced Seminars, August 1991; “Securities Fraud: The Big Cases and the Small Cases,” Kansas Trial Lawyers Association Annual Meeting, 1988. Instructor, National Institute for Trial Advocacy, Berkeley, California, 1999, San Francisco, California, 2001. Judge Pro Tem, San Mateo Superior Court, 1994-1998. Member: San Francisco, San Mateo County (Member: Bench and Bar Committee, 1990, 1994, 1996-2004; ADR Committee, 1994-1996) and American Bar Associations; State Bar of California; Consumer Attorneys of California; San Mateo County Trial Lawyers Association (Member, Board of Directors, 1987- 1996; President, 1995); San Francisco Trial Lawyers Association (Member, Board of Directors, 1996-2008); The American Association for Justice; Association of Business Trial Lawyers. Practice Areas: Antitrust; Commercial Litigation; Consumer Class Actions; Investment Fraud; Securities; Real Property. E-mail: asteyer@steyerlaw.com Nick A. Boodrookas, (Member) born Modesto, California, June 3, 1958; admitted to bar, 1983, California. Education: University of California at Davis (A.B., with highest honors, 1980); Boalt Hall School of Law, University of California at Berkeley (J.D., 1983). Activities: Phi Beta Kappa. Lecturer, Continuing Education of the Bar of California. Northern California Super Lawyer, 2005 and 2006, Labor & Employment Law. Member, 1998-2004, and President, 1999-2001, Board of Trustees, Saint Mark’s School. Member, 2002-2008 and Chairman, 2004- 2006 Board of Trustees, Marin Academy. Member: Bar Association of San Francisco; State Bar of California (Member, Labor and Employment Law Section). Reported Cases: Laborers Health & Welfare v. Westlake Development, 53 F.3d 979 (9th Cir. 1995). Practice Areas: Labor and Employment; Litigation; Nonprofit Organizations; Independent Schools. E-mail: nboodrookas@steyerlaw.com Carlos A. Alvarez, (Member) born Los Angeles, California, April 1, 1964; admitted to bar, 1989, California. Education: University of San Francisco (B.A., 1986); Boalt Hall School of Law, University of California at Berkeley (J.D., 1989). Northern California Super Lawyer, 2014-2015 and 2017 and 2020. Member: The Bar Association of San Francisco; State Bar of California (Member, Sections on: Litigation and Real Property); San Francisco La Raza Lawyers Association; California Land Title Association. Practice Areas: Commercial Litigation; Real Property. E-mail: calvarez@steyerlaw.com Edward Egan Smith, (Member) born Williamsburg, Virginia, February 4, 1965; admitted to bar, 1994, California. Education: University of Virginia (B.A., 1987); University of California, Hastings College of the Law (J.D., 1991). Activities: Senior Research Editor, Editorial Board, Hastings Law Journal, 1990-1991. Law Clerk to The Honorable Ed Carnes, U.S. Circuit Judge, Eleventh Circuit Court of Appeals, 1992-1993, and The Honorable Robert E. Varner, Senior U.S. District Judge, U.S. District Court, Middle District of Alabama, 1991-1992. Author, “The Criminalization of Belief: When Free Exercise Isn’t,” 42 Hastings L.J. 1491 (1991). Member: State Bar of California; Bar Association of San Francisco. Practice Areas: Commercial Litigation; Appeals; Labor and Employment; Real Property. E-mail: esmith@steyerlaw.com 2 1807753.1 - ADMIN.ADMIN Jill M. Manning, (Member) born Carmel, California, July 19, 1969; admitted to bar, 1995, California. Education: University of California at Davis (B.A., 1991); Cambridge University, Pembroke College (summer, 1990); University of San Francisco School of Law (J.D., 1995). Member (1993-1994) and Editor (1994-1995), USF Law Review. Speaking Events: “The UCL, FAL and CLRA ‘Go Viral’: Facebook, Google, Apple, Yahoo! Zynga and Other High Tech Cases,” 21st Annual Golden State Antitrust and Unfair Competition Law Institute (October, 2011); “Hot Topics in Competition Law,” 86th Annual Meeting of the State Bar of California (October, 2013); Moderator, “Privacy and Cybersecurity: An Insider’s View of Government Enforcement and Private Litigation,” State Bar of California, Antitrust and Unfair Competition Law Section (Feb. 25, 2015). Publications: The Sedona Conference, “Defense of Process: General Principles” (August, 2013); Competition, The Journal of the Antitrust and Unfair Competition Law Section of the State Bar of California, “Plaintiff Perspective: Food Fights - Recent Developments in Consumer Class Actions Challenging Food Labels,” Vol. 23, No. 2 (Fall 2014). Legal Affiliations: Deputy Vice Chair (Treatise), State Bar of California Antitrust and Unfair Competition Executive Committee; Member, Bar Association of San Francisco, Antitrust Section; Member, American Bar Association, Antitrust Section, Agriculture and Food Committee; Women Antitrust Plaintiffs Attorneys (WAPA). Professional Activities: Board of Trustees, Shoreline Unified School District; Member, Marin Agricultural Land Trust; Member, Marin Organic. Practice Areas: Antitrust and Unfair Competition; Consumer Fraud; Business Disputes. Email: jmanning@steyerlaw.com Dana M. Andreoli, (Member) born San Francisco, California, August 16, 1982; admitted to bar, 2008, California. Education: University of California, San Diego, CA (B.A., 2004); Dickinson School of Law at Pennsylvania State University (J.D., 2008). Activities: Senior Editor for the PSU Environmental Law Review; interned for the civil division of The United States Attorney’s Office in Washington, D.C. Member: State Bar of California; Bar Association of San Francisco; Marin Trial Lawyers Association; Association of Business Trial Lawyers. Practice Areas: Commercial Litigation; Real Property; Title Insurance; Construction Defect; Appeals; Commercial Transactions. Email: dandreoli@steyerlaw.com 3 1807753.1 - ADMIN.ADMIN SENIOR COUNSEL Andrew A. August, (Special Counsel) born Plainview New York, April 22, 1957; admitted to bar, 1984, California. Education: University of Colorado (B.A., 1980; University of San Francisco School of Law (J.D., 1983). Activities: Speaker, California CPA Education Foundation, Litigation Services Conference, Los Angeles, September 2004; Co-Chair, California CPA Education Foundation, Advanced Business Litigation Institute, Palm Springs, May 2003; State Bar Education Foundation, Champions of the Courtroom: Masters in Action (Opening Statement), Santa Monica, April 2003; Mealey’s California Section 17200 Conference Pasadena, December 2002; The Class Action Litigation Summit, Washington, D.C., June 2002; California CPA Education Foundation, Advanced Business Litigation Institute, Monterey, May 2002; California CPA Education Foundation, Litigation Services Conference: The Good, The Bad, The Opportunity, San Francisco, November 2001; California CPA Education Foundation, Economic Damages and Business Valuation – Advanced Issues Conference, Palm Springs, May 2001; California CPA Education Foundation, Advanced Fraud and Economic Damages Conferences, Palm Springs, May 2000; Publications/Articles “Do the Right Thing” The Recorder, Unfair Competition Supplement, February 2003; “Environmental Cleanup: Wine World v. Beverage Source” Cal Law.; “The Williams Act After RICO: Has The Balance Been Tipped In Favor of Incumbent Management?” (35 Hastings Law Journal 53) with Professor William C. Tyson of the University of Pennsylvania School of Law; Title Insurance Contributor to the Quarterly Report on Current Developments in Real Estate Law Produced by the ABA section on Real Property, Probate & Trust Law, Committee on Decisions. Member: American Bar Association (Litigation and Real Property sections); California State Bar Association (Litigation and Real Property sections); San Francisco Bar Association; Marin County Bar Association; All federal and state courts in California; Numerous pro hac admissions throughout the United States. E-mail: aaugust@steyerlaw.com Donald Scott Macrae, born Summit, New Jersey, 1956; admitted to bar, 1982, California. Education: Bowdoin College at Brunswick, Maine (B.A., 1978); Boalt Hall School of Law, University of California at Berkeley (J.D., 1982). Activities: Recipient: James Bowdoin Scholar; American Jurisprudence Award. Practice Areas: Antitrust; Commercial; Consumer Class Actions; Securities. Email: smacrae@steyerlaw.com Alexander D. Kullar, born San Francisco, California, July 16, 1983; admitted to bar, 2008, California; admitted to bar, 2009, District of Columbia. Education: University of California, Los Angeles, CA (B.A., 2005); Georgetown University Law Center, Washington, D.C. (J.D., 2008). Member: State Bar of California. Practice area: Litigation. Email: akullar@steyerlaw.com Kevin F. Rooney, born London, England, July 6, 1971; admitted to bar 1996, California; admitted to bar, 2004, District of Columbia. Education: Santa Clara University, Santa Clara, CA (B.S., 1993); University of San Francisco School of Law, San Francisco, CA (J.D., 1996). Member: State Bar of California, District of Columbia Bar. Practice area: Litigation. Email: krooney@steyerlaw.com 4 1807753.1 - ADMIN.ADMIN ASSOCIATES Jill K. Cohoe, born New Westminster, B.C., Canada, February 10, 1987; admitted to bar, 2013, California. Education: University of California, Berkeley, CA (B.A., 2008); University of California, Hastings College of the Law (J.D., 2013). Activities: Senior Symposium Editor for the Hastings Law Journal, organized the Spring 2013 symposium, “From Bench to Society: Law and Ethics at the Frontier of Genomic Technology”; Legal extern for the Hon. Marla J. Miller at the San Francisco Superior Court. Member: State Bar of California; Bar Association of San Francisco; Association of Business Trial Lawyers. Practice Areas: Business Litigation, Real Property, Construction, Title Insurance, Escrow, Civil Appeals. Email: jcohoe@steyerlaw.com Stacey C. Quan, born Fountain Valley, CA, July 30; 1987, admitted to bar, 2011, California. Education: Reed College, Portland, OR (B.A., 2008); University of California Hastings College of the Law (J.D., cum laude, 2011). Practice Areas: Antitrust, Corporate, Contract. Email: squan@steyerlaw.com. Cameron L. Weiss, born San Diego, CA September 29, 1985; admitted to bar, 2013, California. Education: University of Southern California, Los Angeles, CA (B.S., 2008); University of San Diego School of Law (J.D., 2012). Practice Areas: Antitrust Class Actions, Corporate, Contract. Email: cweiss@steyerlaw.com Suneel Jain, born Santa Clara, CA, October 8, 1988; admitted to bar 2017, California. Education: University of California, Berkeley (B.A., 2010); Georgetown University Law Center (J.D., 2015). Practice Areas: Antitrust Class Actions, Commercial Litigation. Email: sjain@steyerlaw.com Zheying (Tom) Li, Chengdu, China, July 21, 1989; admitted to bar 2016, California. Education: University of California, Davis (B.A., 2011); New York University (J.D., 2014). Practice Areas: Commercial Litigation, Real Estate Litigation. Email: zli@steyerlaw.com 5 1807753.1 - ADMIN.ADMIN STEYER LOWENTHAL BOODROOKAS ALVAREZ & SMITH LLP CLASS ACTION AND OTHER COMPLEX LITIGATION MATTERS A. Antitrust In Re: Aluminum Warehousing Antitrust Litigation - one of four firms representing corporate opt outs in price fixing case. (S.D. NY). (Second Circuit, reversed district court order granting summary judgment.) Sidibe, et al. vs. Sutter Health, et al. - one of four firms representing putative class of consumers of hospital/medical services in tying case (N.D. CA). In Re: German Automotive Manufacturers Antitrust Litigation - member of plaintiffs’ steering committee. Putative class action by purchasers of German cars in horizontal price fixing case. (N.D.CA). In Re: Broiler Chicken Antitrust Litigation - representing putative class of direct purchasers in a horizontal price fixing conspiracy (N.D. IL). In Re: Packaged Seafood Products Antitrust Litigation - representing plaintiff class of direct purchasers of packaged seafood in a horizontal price fixing case (S.D. CA). In Re: Inductors Antitrust Litigation – representing putative class of direct purchaser plaintiffs in price fixing case. Motions to dismiss pending. (N.D. CA). In Re: Farm-Raised Salmon and Salmon Products Antitrust Litigation – representing putative class of purchaser plaintiffs in price fixing cases. Motions to dismiss pending. (S.D. FLA). Stanislaw Food Products Company v. USS-Posco Industries (UPI) – successfully defended UPI in market allocation/monopolization case. District Court granted summary judgment and Ninth Circuit affirmed. (E.D. CA). In Re: Parking Heaters Antitrust Litigation – represented plaintiff in case arising from conspiracy to fix prices for parking heaters. Settlement approved. (E.D. NY). In Re: Resistors Antitrust Litigation – represented class of indirect purchasers in price fixing case. Settlement approved March 2020. (N.D. CA). Ace Delivery & Moving, Inc. v. Horizon Lines, LLC, et al. - served as plaintiff’s co-lead counsel for direct purchasers in a horizontal price fixing conspiracy putative class action. (D. AK). 6 1807753.1 - ADMIN.ADMIN In Re: Visa/Mastercard Currency Conversion Litigation - one of core firms that represented certified class of plaintiffs in massive MDL antitrust/Truth In Lending Act action arising from imposition of foreign currency conversion fees by Visa, MasterCard, and banks (S.D. NY). ($336 million settlement approved.) Mayor and City Counsel of Baltimore, Maryland v. Citigroup, Inc., et al. - one of three firms which represented purchasers of auction rate securities in a putative class action antitrust case (S.D. NY). Argued appeal in Second Circuit Court of Appeal. In Re: DRAM Antitrust Litigation - member of executive committee - represented indirect purchasers of DRAM in class action involving price fixing conspiracy (N.D. CA). (Settlement approved.) In Re: Flash Memory Antitrust Litigation - member of executive committee - represented class of indirect purchasers of flash memory against major electronic companies in a price fixing conspiracy (N.D. CA). In Re: Fresh and Processed Potatoes Antitrust Litigation - member of executive committee - represented plaintiff direct purchasers in a class action price fixing conspiracy (E.D. ID). (Settlement approved.) In Re: International Air Transportation Surcharge Antitrust Litigation - member of executive committee – represented class of ticket purchasers against major airline carriers (N.D. CA). (Settlements approved.) In Re: Lithium Ion Batteries Antitrust Litigation - represented class of direct purchaser plaintiffs (N.D. CA). (Settlements approved.) In Re: Municipal Derivatives Antitrust Litigation - member of executive committee - represented class of purchasers of municipal securities in a price fixing conspiracy (S.D. NY). (Settlement approved.) In Re: NASDAQ Market-Makers Antitrust Litigation - represented plaintiffs in a national class action price fixing case against 33 broker-dealer defendants (S.D. NY). (Settlement approved.) In Re: NCAA Student-Athlete Name & Likeness Licensing Litigation - member of executive committee - represented class of plaintiffs in a price fixing conspiracy regarding current and former student athletes including bench trial in 2014. (N.D. CA). (Settlements approved.) In Re: Payment Card Interchange Fee and Merchant Discount Antitrust Litigation - representing plaintiff class in a price fixing case against Visa, Mastercard and major banks regarding interchange fees (E.D. NY). (Settlement pending) In Re: Processed Egg Products Antitrust Litigation - represented plaintiff class in a price fixing conspiracy (E.D. PA). (Settlements approved.) 7 1807753.1 - ADMIN.ADMIN In Re: TFT-LCD (Flat Panel) Antitrust Litigation - one of core firms that represented class of indirect purchasers in a price fixing conspiracy against manufacturers of flat panels for televisions, computer monitors, and laptop computers (N.D. CA). ($1,080 billion settlement approved.) In Re: CD Antitrust Litigation - represented plaintiffs in a consolidated nationwide federal class action and antitrust/price fixing case involving the music industry (D. ME). (Settlement approved.) In Re: Graphics Processing Units Antitrust Litigation - represented putative class of indirect purchasers of graphic cards against major electronic companies in a price fixing conspiracy. (N.D. CA). In Re: Korean Air Lines Co., Ltd. Antitrust Litigation - represented plaintiff class in a price fixing conspiracy (C.D. CA). (Settlement approved.) In Re: Optical Disk Drive Products Antitrust Litigation - represented plaintiff class of purchasers in a price fixing conspiracy (N.D. CA). (Settlement approved.) In Re: Static Random Access Memory (SRAM) Antitrust Litigation - represented class of indirect purchasers in a price fixing conspiracy case against multiple SRAM manufacturers (N.D. CA). (Settlement approved.) In Re: Air Cargo Shipping Services Antitrust Litigation - represented putative classes of direct purchasers of air cargo services against numerous airline defendants in a price fixing conspiracy (E.D. NY). (Settlement approved.) In Re: Aftermarket Automotive Lighting Products Antitrust Litigation - represented plaintiff class of direct purchasers in a horizontal price fixing conspiracy (C.D. CA). (Settlement approved.) In Re: Cathode Ray Tube (CRT) Antitrust Litigation - represented class of direct purchaser plaintiffs (N.D. CA). (Settlement approved.) B. Consumer Christina Grace v. Apple, Inc. - one of four firms representing class of California consumers in case regarding FaceTime feature on iPhones. (N.D. CA). (Settlement pending). In Re ConAgra Foods, Inc. – representing a class of plaintiffs in a false advertising case (C.D. CA). (Settlement pending.) Schwartz v. Visa International Corp., et al. - represented plaintiffs in nationwide consumer representative action regarding imposition on credit card users of hidden, foreign currency conversion fees (one of three firms that successfully tried six month trial and obtained $780 million judgment) (Alameda County Superior Court). (Settlement approved.) 8 1807753.1 - ADMIN.ADMIN Shrieve v. Visa U.S.A. Inc., et al. - co-lead counsel - represented plaintiffs in putative nationwide consumer class action regarding imposition on debit card users of hidden, foreign currency conversion fees (Alameda County Superior Court). (Settlement approved.) Mattingly v. Visa U.S.A. Inc., et al. - co-lead counsel - represented plaintiffs in putative nationwide consumer class action regarding imposition on credit card users of hidden, foreign currency conversion fees (Alameda County Superior Court). (Settlement approved.) Lipuma v. American Express - co-lead counsel - represented plaintiffs in nationwide consumer class action regarding deceptive business practices involving foreign currency conversion fees imposed on cardholders (S.D. FL). (Settlement approved.) Green v. Chase Manhattan Bank USA, N.A., et al. - co-lead counsel - represented plaintiffs in putative consumer class action against home equity line lenders regarding failure to comply with statutory requirements for reconveyance of deeds of trust (San Francisco County Superior Court). (Settlement approved.) Silva, et al. v. Provident Funding Associates, L.P., et al. - co-lead counsel - represented plaintiffs in consumer class action regarding late fees charged by a mortgage service company (San Mateo County Superior Court). (Settlement approved.) Marshall, et al. v. H&R Block, Inc., et al. - one of four firms that represented putative nationwide class of tax preparation clients in deceptive business practices case (S.D. IL). Mulligan v. Pacific Bell - co-lead counsel - represented plaintiffs in California consumer class action alleging violations of Bus. & Prof. Code § 17200 and California Consumer Legal Remedies Act (Alameda County Superior Court). (Settlement approved.) Citigroup Loan Cases - represented plaintiffs in nationwide consumer class alleging Bus. & Prof. Code § 17200 claims against lenders regarding deceptive and illegal lending practices to consumers (San Francisco County Superior Court). (Settlement approved.) Gordon v. Apple Computer - represented plaintiffs in consumer nationwide class action arising from sale of alleged defective computers (Bus. & Prof. Code § 17200) (Santa Clara County Superior Court). (Settlement approved.) Castro v. Providian - co-lead counsel - represented class of borrowers alleging Bus. & Prof. Code § 17200 claims arising from lender’s imposition of unconscionable terms and interest charges on credit card lines (San Mateo County Superior Court). (Settlement approved.) Lavie v. Procter & Gamble - co-lead counsel - represented plaintiffs in consumer representative action - false advertising, Bus. & Prof. Code § 17200 claims regarding OTC drug, including three week trial and appeal. (San Francisco County Superior Court). Littau v. Circuit City - co-lead counsel - represented plaintiffs in consumer class action - false 9 1807753.1 - ADMIN.ADMIN advertising, Bus. & Prof. Code § 17200 claims against major electronics retailers (San Francisco County Superior Court). (Settlement approved.) C. Investment Fraud/Securities In Re: American Continental Corporation/Lincoln Savings & Loan Securities Litigation - co-lead counsel - represented class of bond purchasers against three Big 5 accounting firms, Charles Keating and many other defendants - including a four month jury trial (D. AZ). (Obtained $1 billion-plus judgment.) In Re: Technical Equities Coordinated Litigation - represented hundreds of plaintiffs in fraud case against Bear Stearns, Big 5 accounting firms, Security Pacific National Bank and other defendants - including a three month jury trial - obtained $153 million judgment (Santa Clara County Superior Court). Represented two hedge funds in securities litigation against public company (ND CA). Represented four hedge funds in securities litigation against public company (public/private offering) (S.D. NY). In Re: Asia Pulp & Paper Securities Litigation - represented class of investors in a securities fraud action (S.D. NY). (Settlement approved.) William A. Brandt, Jr. v. Gordon A. Campbell, et al. - represented former CFO of bankrupt technology company in action brought by bankruptcy trustee against company’s directors and officers (San Mateo County Superior Court). In Re: General Instrument Securities Litigation - MDL proceeding - represented group of investors including money managers who suffered multi-million dollar losses arising out of 1995 merger of private company with publicly traded company; action was coordinated with national securities class actions (N.D. IL). (Settlement approved.) In Re: TMI Limited Partnership Litigation - one of two firms that represented approximately 20,000 school teachers who invested in 35 real estate limited partnerships in class action for fraud, breach of fiduciary duty, against general partners and Big 5 accounting firm (Orange County Superior Court). (Settlement approved.) Smith v. Merrill Lynch - represented plaintiffs in Orange County bond holder class action litigation (Orange County Superior Court and federal district court). Klein v. Sacks - co-lead counsel - represented investors in real estate limited partnerships fraud scheme in class action against general partners and attorneys (Los Angeles County Superior Court). In Re: Executive Life Litigation - represented plaintiffs in consolidated policy holder class actions 10 1807753.1 - ADMIN.ADMIN against directors and officers and Big 5 accounting firm in fraud action (Los Angeles County Superior Court). (Settlement approved.) ZZZZBest Litigation - represented Union Bank against Big 5 accounting firm that audited ZZZZBest (Los Angeles County Superior Court and C.D. CA). D. Other Complex Litigation Co-lead counsel representing putative class of condominium owners/buyers in Millennium Tower litigation (San Francisco Superior Court). (Settlement pending). Represented cofounder of Facebook in breach of fiduciary duty/fraud case (Santa Clara County Superior Court). (Case settled in 2008. Featured in movie “The Social Network.”) Crown Paper Liquidating Trust v. PriceWaterhouseCoopers LLP - represented bankruptcy trustee in fraudulent conveyance and business tort action against multiple defendants (N.D. CA). (Settlement approved after trial commenced.) Peinado v. Board of Pilot Commissioners for the Bays of San Francisco, San Pablo and Suisun - co-lead counsel - represented plaintiffs in national origins class action discrimination lawsuit (San Francisco County Superior Court). (Settlement approved.) Meris Labs v. Long Beach Memorial Hospital - represented subsidiary of nonprofit hospital in breach of contract/fraud case, including twelve week jury trial (Santa Clara County Superior Court). dZine v. Hyundai - represented Belgian company in breach of contract/fraud case arising from failure of computer chip, a component processing part of digital satellite transmission system, including six week trial (Santa Clara County Superior Court). Bank of America v. Lloyds of London - represented bank in multimillion dollar insurance coverage case (San Francisco County Superior Court). Ferguson v. National Football League - represented NFL in three week jury trial of wrongful termination suit filed by referee (Santa Clara County Superior Court). (Obtained defense verdict.) 11 1807753.1 - ADMIN.ADMIN EXHIBIT 2 EXHIBIT 3 EXHIBIT 4