Preview
FILED: WARREN COUNTY CLERK 12/04/2020 09:37 PM INDEX NO. EF2018-65232
NYSCEF DOC. NO. 19 RECEIVED NYSCEF: 12/04/2020
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF WARREN
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EVELYN O’BRIEN, JAMIE LYNN PATCHETT,
CHRIS FORTNER, MICHAEL PETTA, JESSICA
TAYLOR-MACKRODT, and HEATHER MARTIN Index No. 65232/2018
on behalf of themselves and others similarly situated,
AFFIRMATION OF KEITH M.
Plaintiffs, FLEISCHMAN IN SUPPORT IN
SUPPORT OF PLAINTIFFS’
v. MOTION FOR CLASS
CERTIFICATION, FOR
SAGBOLT, LLC, OCEAN PROPERTIES, LTD.,
PORTSMOUTH CORPORATE FINANCIAL
APPOINTMENT OF CLASS
SERVICES, INC., PATRICK WALSH, and REPRESENTATIVES, AND FOR
THOMAS GUAY APPOINTMENT OF CLASS COUNSEL
Defendants.
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KEITH M. FLEISCHMAN, hereby affirms the following to be true under the penalties of
perjury pursuant to CPLR 2106:1:
1. I am a member of Fleischman Bonner & Rocco LLP, co-counsel to Plaintiffs in
the above-captioned action. I submit this affirmation in support of Plaintiffs’ motion for class
certification, the appointment of Plaintiffs as class representatives, and the appointment of
Plaintiffs’ counsel as class counsel.
2. With respect to that portion of the present Motion now seeking the appointment of
my firm as co-lead class counsel, the following is a description of my firm’s substantial
experience.
3. After 27 years of practice as a litigator and trial lawyer, I founded The Fleischman
Law Firm in 2011. That firm merged with another firm in 2019, and is now named Fleischman
Bonner & Rocco LLP. The firm draws on its experience from successfully litigating and
bringing to trial numerous complex commercial matters. The firm and its attorneys have led or
played substantial roles in some of the largest and most complex criminal and civil litigations in
the United States. We have brought commercial disputes and high stakes SEC investigations to
successful conclusions, won major dismissals of lawsuits, and successfully litigated complaints
1 of 61
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brought on behalf of corporate and private equity clients in both state and federal court. The firm
has accomplished wide ranging successful outcomes representing a broad range of institutions,
corporations and individuals, including pension funds, hedge funds and executive officers, as
both defendants and plaintiffs. Annexed hereto as Exhibit A are biographies of the firm’s
attorneys and further information about the firm from promotional materials.
4. Prior to entering into private practice, I began my legal career with the Bronx
District Attorney’s Office in the Investigations Bureau, and then the elite Major Offense Bureau,
where I investigated and successfully tried numerous cases, including one of the first state court
bank fraud prosecutions. I was also cross-designated as an Assistant United States Attorney
during a joint state and federal investigation into corruption by New York City public officials.
5. In 1988, I joined the United States Department of Justice, Criminal Division,
Fraud Section as a trial lawyer. During my tenure, I supervised international undercover
operations involving counterfeiting, money laundering, and passport fraud. I also successfully
tried to verdict several of the largest criminal prosecutions brought by the government during the
savings and loan crises. Among other things, I served as the chief federal prosecutor in United
States v. Heath, 970 F.2d 1397 (5th Cir. 1992), a two year investigation that culminated in a four
month trial. The defendants received the largest sentences (30 and 20 years, respectively)
obtained in the course of the savings and loan prosecutions; as well as in U.S. v. Rokofsky, 920
F.2d 930 (5th Cir. 1990), where I served as co-chief trial lawyer in a month-long trial.
6. In 1990, I accepted a position as an Assistant United States Attorney in the United
States Attorney’s Office for the District of Connecticut, where I was in charge of financial fraud.
I originated the Connecticut Bank Fraud Working Group and was a member of the New England
Bank Fraud Task Force Coordinating Committee. As an AUSA, I successfully investigated and
prosecuted major financial, violent and white-collar crimes. These included U.S. v. Capozziello,
930 F.2d 909 (2d Cir. 1991), where I served as chief trial lawyer in a successful five-week
extortion trial.
7. After leaving the government, I spent eleven years at the national plaintiffs’ firm
2 of 62
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Milberg, Weiss, Bershad, Hynes & Lerach, where I rose to Senior Managing Partner. During
this period, I litigated and negotiated to settlement numerous high profile individual and class
actions. Among other accomplishments, in Robbins v. Koger Properties, Inc., 116 F.3d 1441
(11th Cir. 1997), I investigated and successfully tried a securities fraud case against a former big
six accounting firm, obtaining an $81.3 million verdict after a five-week federal trial. In Novak
v. Kasaks, 216 F.3d 300 (2d Cir. 2000), I litigated and successfully argued before the Second
Circuit, obtaining a ground-breaking precedent, establishing the appropriate pleading standard
under the Private Securities Litigation Reform Act of 1995, as well as for protecting confidential
informants from disclosure.
8. Subsequently, I served as a Director of Grant & Eisenhofer, litigating high profile
complex cases and class actions. While there, among other things, in In re Marsh & McLennan
Companies, Inc. Securities Litigation, 2009 WL 5178546 (S.D.N.Y.), I spent four years as co-
lead counsel litigating and ultimately negotiating a $400 million settlement with Marsh &
McLennan. In In re Satyam Computer Services Ltd. Securities Litigation, No. 1:09-MD-02027-
JPO (S.D.N.Y.), I, as part of a group of co-lead counsel, obtained a $125 million settlement
resulting from a massive fraudulent scheme on the part of senior executives of one of India’s
largest companies. In In re TASER International Securities Litigation, No. C05-0115 (D. Ariz.),
I was co-lead counsel on behalf of purchasers of TASER common stock who alleged that the
defendants violated federal securities laws through material misrepresentations and omissions
regarding, inter alia, the safety of TASER’s weapons and the nature of studies of those weapons.
I obtained a $20 million settlement.
9. As noted above, in 2011, I founded The Fleischman Law Firm, which, in 2019,
merged with another distinguished boutique litigation firm named Stone Bonner & Rocco LLP,
and the combined firms now practice as Fleischman Bonner & Rocco LLP. We, together with a
team of hand-picked attorneys, represent both plaintiffs and defendants, including public and
private corporations, financial institutions, and individuals in high-profile commercial litigations,
as well as select class actions.
3 of 63
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10. Matters on which FBR and its predecessors have previously worked include the
following:
• Olvera et al v Mazzone Mgmt Grp Ltd, et al, Case No. 1:16-cv-0502 (N.D.N.Y) –
represented putative classes of employees in connection with claims under federal
and New York State Law for violation of wage-and-hour laws and illegal tipping
practices, resulting in total gross settlement of $4 million.
• In re: Alex Ang and Lynn Streit v. Bimbo Bakeries USA, Inc., Case No. 13-CV-
01196-HSG (N.D. Cal.) – Co-lead class counsel in class action alleging illegal
misbranding and mislabeling of food products. Achieved injunctive relief
settlement post class certification.
• NextEra Energy Capital Holdings, Inc. v. Banco Bilbao Vizcaya Argentaria, S.A.,
et al.,Case No. 13 Civ. 1873 (S.D.N.Y.) – Represented a Fortune 500 company in
a contractual dispute with a consortium of sixteen international banks arising out
of the construction and operation of two solar power plants in Spain.
• Schaeffer v. Kessler, No. 1:12-CV-08576-PKC (S.D.N.Y.) and Kessler v.
Schaeffer, No. 654336/2012 (N.Y. Sup.) – Successfully resolved two related
cases, involving claims asserted by and against a former employee of a company
providing trading, risk, and fund accounting systems to the financial services
community.
• MacAndrews & Forbes Group v. Gagosian, et al., Index No. 653189/2012 (N.Y.
Sup Ct.) and Gagosian Gallery, Inc. v. Perelman, et al., Index No. 653181/2012
(N.Y. Sup. Ct.) – Represented a prominent art collector in a dispute over the value
of art obtained in a series of purchases and trades.
• Vengalattore v. Cornell University, Index No. 2016-0119 (N.Y Sup. Ct.) –
Represented a physics professor in connection with denial of tenure. Following an
extensive evidentiary hearing the Court ordered vacated the tenure denial, finding
that the defendant had denied the petitioner due process, and directed the
University to commence a new tenure review.
• NextEra Energy Power Marketing LLC v. Westborough Solar LLC, Index No.
652258/2015 (N.Y. Sup. Ct.) – Represented publicly traded energy company in
connection with contractual disputes concerning sale of Solar Renewable Energy
Credits.
• Jeffrey Camp, et al. v. Robert Berman, et al., Case No. 14 Civ. 1049 (KMK)
(S.D.N.Y.); Tow Sur, LLC, et al. v. Robert Berman, et al., Case No. 14 Civ. 2705
(KMK) (S.D.N.Y.); Jeffrey Camp, et al. v. Robert Berman, et al., Case No. 14-
21241-CIV LENARD/GOODMAN (S.D. Fla.); and Jeffrey Camp, et al. v. Robert
Berman, et al., Index No. 030893/2014 (Sup. Ct., Rockland County) –
Represented the plaintiffs and counterclaim-defendants in four cases with
overlapping parties resulting from the alleged misappropriation of corporate
assets of a company by its former CEO and his alleged defrauding of investors in
that company and related entities.
4 of 64
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11. I also served on the executive committee in In re MF Global Holdings Ltd
Investment Litigation, Case No. 12 MD 2338 (S.D.N.Y.), asserting claims resulting from the
well-publicized collapse of MF Global.
12. Other matters in which my firm is currently, or was recently, involved include the
following:
• Peterson v. Islamic Republic of Iran, Case No. 10 Civ. 4518 (S.D.N.Y.) –
Representing families of United States Marines killed in the 1983 attack on the
Marine barracks in Beirut, Lebanon.
• In re Coca-Cola Products Marketing And Sales Practices Litigation (No. II), Case
No. 4:14-md-02555-JSW (N.D. Cal.) – Co-lead class counsel for national MDL
class action concerning illegal labeling practices. Obtained certification for Rule
23 injunctive relief class (currently subject of pending Rule 23(f) appeal).
• Rekor Sys. Inc. v Loughlin et al., 1:19-cv-07767-LJL (S.D.N.Y) – Representing
publicly traded corporation and its directors in prosecution of fraudulent
inducement and data theft claims against former employees, and defense of
counterclaims in multiple federal and state actions.
• DG Project Construction Co. LLC et al v Amps Elec., Inc. et al, Index No.
651629/2020 (Sup. Ct. N.Y. Cty) – Representing subsidiaries of national energy
producer in connection with disputes concerning violations of construction
contracts for multi-million dollar solar energy projects.
• Millennium Drilling Co., Inc. v. Beverly House-Meyers Revocable Trust, et al.,
Case No. 12-cv-00462 (D. Nev.) – Representing a private oil and gas company
seeking to recover damages on a breach of contract claim. In November 2016,
following a multi-week jury trial, the firm achieved a trial victory in which the
firm’s client was awarded nearly $4,000,000 in damages, and the jury
unanimously found against the defendants and for the firm’s client in connection
with all the defendant’s claims.
• Int’l Comms. Assoc. v. 258 St Nicholas Ave LLC et al, Index No. 162812/2014
(N.Y. Sup. Ct.) – Representing defendant/counterclaim plaintiff in connection
with disputes arising out of major condominium development project in New
York City.
• Nussdorf v. BDO Seidman, LLP, Index No. 601359 / 2009 (N.Y. Sup. Ct.) –
Representing a private company in connection with tax shelters marketed and sold
by BDO Seidman.
• Patriot Exploration, LLC v. SandRidge Energy, Inc., Case No. 11 Civ 1234 (D.
5 of 65
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Conn.) – Represented general partnerships and other investors alleging fraud
against a national energy company.
• Witman, et al. v. Feldman, et al., Index No. 120905237 (Utah Dist. Ct.) –
Represented an individual defending against allegations of fraud, breach of
contract, and breach of fiduciary duty.
• Prochaska v. Feldman, et al., Civ. No. 4:13-cv-02210 (S.D. Tex) – Representing
an individual defending against allegations of fraud, breach of contract, and
breach of fiduciary duty.
• MaxTak Capital Advisors LLC, et al. v. ParkerVision, et al., Case No. 13 Civ.
1126 (M.D. Fla.) – Represented a hedge fund in connection with an alleged
securities fraud.
• NextEra Energy Inc. v. Greenberg Traurig, LLP, Index No. 652484/2017 (NY
Sup. Ct.) – Representing national energy company with respect to claims alleging
legal malpractice by former counsel in connection with multi-million dollar
bankruptcy proceeding claims
• LRGP III, LLC v. CPP Investment Board Real Estate Holdings Inc., 14-cv-6937
(S.D.N.Y.) – Represented a general partner in a real estate secondary private
equity fund in a dispute over fees.
13. Additionally, I have served as trial practice instructor at the Trial Practice Institute
of the U.S. Justice Department, and served for ten years as co-chairman of the Practicing Law
Institute’s annual conference on class actions. I have lectured in the United States, Canada and
Europe on the investigation, litigation and prevention of securities and financial fraud.
I declare under penalty of perjury under the laws of the United States of America that the
foregoing is true and correct.
Dated: December 4, 2020
/s/ Keith M. Fleischman
KEITH M. FLEISCHMAN
6 of 66
Preview
FILED: WARREN COUNTY CLERK 12/04/2020 09:37 PM INDEX NO. EF2018-65232 NYSCEF DOC. NO. 19 RECEIVED NYSCEF: 12/04/2020 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF WARREN ----------------------------------------------------------------x EVELYN O’BRIEN, JAMIE LYNN PATCHETT, CHRIS FORTNER, MICHAEL PETTA, JESSICA TAYLOR-MACKRODT, and HEATHER MARTIN Index No. 65232/2018 on behalf of themselves and others similarly situated, AFFIRMATION OF KEITH M. Plaintiffs, FLEISCHMAN IN SUPPORT IN SUPPORT OF PLAINTIFFS’ v. MOTION FOR CLASS CERTIFICATION, FOR SAGBOLT, LLC, OCEAN PROPERTIES, LTD., PORTSMOUTH CORPORATE FINANCIAL APPOINTMENT OF CLASS SERVICES, INC., PATRICK WALSH, and REPRESENTATIVES, AND FOR THOMAS GUAY APPOINTMENT OF CLASS COUNSEL Defendants. ----------------------------------------------------------------x KEITH M. FLEISCHMAN, hereby affirms the following to be true under the penalties of perjury pursuant to CPLR 2106:1: 1. I am a member of Fleischman Bonner & Rocco LLP, co-counsel to Plaintiffs in the above-captioned action. I submit this affirmation in support of Plaintiffs’ motion for class certification, the appointment of Plaintiffs as class representatives, and the appointment of Plaintiffs’ counsel as class counsel. 2. With respect to that portion of the present Motion now seeking the appointment of my firm as co-lead class counsel, the following is a description of my firm’s substantial experience. 3. After 27 years of practice as a litigator and trial lawyer, I founded The Fleischman Law Firm in 2011. That firm merged with another firm in 2019, and is now named Fleischman Bonner & Rocco LLP. The firm draws on its experience from successfully litigating and bringing to trial numerous complex commercial matters. The firm and its attorneys have led or played substantial roles in some of the largest and most complex criminal and civil litigations in the United States. We have brought commercial disputes and high stakes SEC investigations to successful conclusions, won major dismissals of lawsuits, and successfully litigated complaints 1 of 61 FILED: WARREN COUNTY CLERK 12/04/2020 09:37 PM INDEX NO. EF2018-65232 NYSCEF DOC. NO. 19 RECEIVED NYSCEF: 12/04/2020 brought on behalf of corporate and private equity clients in both state and federal court. The firm has accomplished wide ranging successful outcomes representing a broad range of institutions, corporations and individuals, including pension funds, hedge funds and executive officers, as both defendants and plaintiffs. Annexed hereto as Exhibit A are biographies of the firm’s attorneys and further information about the firm from promotional materials. 4. Prior to entering into private practice, I began my legal career with the Bronx District Attorney’s Office in the Investigations Bureau, and then the elite Major Offense Bureau, where I investigated and successfully tried numerous cases, including one of the first state court bank fraud prosecutions. I was also cross-designated as an Assistant United States Attorney during a joint state and federal investigation into corruption by New York City public officials. 5. In 1988, I joined the United States Department of Justice, Criminal Division, Fraud Section as a trial lawyer. During my tenure, I supervised international undercover operations involving counterfeiting, money laundering, and passport fraud. I also successfully tried to verdict several of the largest criminal prosecutions brought by the government during the savings and loan crises. Among other things, I served as the chief federal prosecutor in United States v. Heath, 970 F.2d 1397 (5th Cir. 1992), a two year investigation that culminated in a four month trial. The defendants received the largest sentences (30 and 20 years, respectively) obtained in the course of the savings and loan prosecutions; as well as in U.S. v. Rokofsky, 920 F.2d 930 (5th Cir. 1990), where I served as co-chief trial lawyer in a month-long trial. 6. In 1990, I accepted a position as an Assistant United States Attorney in the United States Attorney’s Office for the District of Connecticut, where I was in charge of financial fraud. I originated the Connecticut Bank Fraud Working Group and was a member of the New England Bank Fraud Task Force Coordinating Committee. As an AUSA, I successfully investigated and prosecuted major financial, violent and white-collar crimes. These included U.S. v. Capozziello, 930 F.2d 909 (2d Cir. 1991), where I served as chief trial lawyer in a successful five-week extortion trial. 7. After leaving the government, I spent eleven years at the national plaintiffs’ firm 2 of 62 FILED: WARREN COUNTY CLERK 12/04/2020 09:37 PM INDEX NO. EF2018-65232 NYSCEF DOC. NO. 19 RECEIVED NYSCEF: 12/04/2020 Milberg, Weiss, Bershad, Hynes & Lerach, where I rose to Senior Managing Partner. During this period, I litigated and negotiated to settlement numerous high profile individual and class actions. Among other accomplishments, in Robbins v. Koger Properties, Inc., 116 F.3d 1441 (11th Cir. 1997), I investigated and successfully tried a securities fraud case against a former big six accounting firm, obtaining an $81.3 million verdict after a five-week federal trial. In Novak v. Kasaks, 216 F.3d 300 (2d Cir. 2000), I litigated and successfully argued before the Second Circuit, obtaining a ground-breaking precedent, establishing the appropriate pleading standard under the Private Securities Litigation Reform Act of 1995, as well as for protecting confidential informants from disclosure. 8. Subsequently, I served as a Director of Grant & Eisenhofer, litigating high profile complex cases and class actions. While there, among other things, in In re Marsh & McLennan Companies, Inc. Securities Litigation, 2009 WL 5178546 (S.D.N.Y.), I spent four years as co- lead counsel litigating and ultimately negotiating a $400 million settlement with Marsh & McLennan. In In re Satyam Computer Services Ltd. Securities Litigation, No. 1:09-MD-02027- JPO (S.D.N.Y.), I, as part of a group of co-lead counsel, obtained a $125 million settlement resulting from a massive fraudulent scheme on the part of senior executives of one of India’s largest companies. In In re TASER International Securities Litigation, No. C05-0115 (D. Ariz.), I was co-lead counsel on behalf of purchasers of TASER common stock who alleged that the defendants violated federal securities laws through material misrepresentations and omissions regarding, inter alia, the safety of TASER’s weapons and the nature of studies of those weapons. I obtained a $20 million settlement. 9. As noted above, in 2011, I founded The Fleischman Law Firm, which, in 2019, merged with another distinguished boutique litigation firm named Stone Bonner & Rocco LLP, and the combined firms now practice as Fleischman Bonner & Rocco LLP. We, together with a team of hand-picked attorneys, represent both plaintiffs and defendants, including public and private corporations, financial institutions, and individuals in high-profile commercial litigations, as well as select class actions. 3 of 63 FILED: WARREN COUNTY CLERK 12/04/2020 09:37 PM INDEX NO. EF2018-65232 NYSCEF DOC. NO. 19 RECEIVED NYSCEF: 12/04/2020 10. Matters on which FBR and its predecessors have previously worked include the following: • Olvera et al v Mazzone Mgmt Grp Ltd, et al, Case No. 1:16-cv-0502 (N.D.N.Y) – represented putative classes of employees in connection with claims under federal and New York State Law for violation of wage-and-hour laws and illegal tipping practices, resulting in total gross settlement of $4 million. • In re: Alex Ang and Lynn Streit v. Bimbo Bakeries USA, Inc., Case No. 13-CV- 01196-HSG (N.D. Cal.) – Co-lead class counsel in class action alleging illegal misbranding and mislabeling of food products. Achieved injunctive relief settlement post class certification. • NextEra Energy Capital Holdings, Inc. v. Banco Bilbao Vizcaya Argentaria, S.A., et al.,Case No. 13 Civ. 1873 (S.D.N.Y.) – Represented a Fortune 500 company in a contractual dispute with a consortium of sixteen international banks arising out of the construction and operation of two solar power plants in Spain. • Schaeffer v. Kessler, No. 1:12-CV-08576-PKC (S.D.N.Y.) and Kessler v. Schaeffer, No. 654336/2012 (N.Y. Sup.) – Successfully resolved two related cases, involving claims asserted by and against a former employee of a company providing trading, risk, and fund accounting systems to the financial services community. • MacAndrews & Forbes Group v. Gagosian, et al., Index No. 653189/2012 (N.Y. Sup Ct.) and Gagosian Gallery, Inc. v. Perelman, et al., Index No. 653181/2012 (N.Y. Sup. Ct.) – Represented a prominent art collector in a dispute over the value of art obtained in a series of purchases and trades. • Vengalattore v. Cornell University, Index No. 2016-0119 (N.Y Sup. Ct.) – Represented a physics professor in connection with denial of tenure. Following an extensive evidentiary hearing the Court ordered vacated the tenure denial, finding that the defendant had denied the petitioner due process, and directed the University to commence a new tenure review. • NextEra Energy Power Marketing LLC v. Westborough Solar LLC, Index No. 652258/2015 (N.Y. Sup. Ct.) – Represented publicly traded energy company in connection with contractual disputes concerning sale of Solar Renewable Energy Credits. • Jeffrey Camp, et al. v. Robert Berman, et al., Case No. 14 Civ. 1049 (KMK) (S.D.N.Y.); Tow Sur, LLC, et al. v. Robert Berman, et al., Case No. 14 Civ. 2705 (KMK) (S.D.N.Y.); Jeffrey Camp, et al. v. Robert Berman, et al., Case No. 14- 21241-CIV LENARD/GOODMAN (S.D. Fla.); and Jeffrey Camp, et al. v. Robert Berman, et al., Index No. 030893/2014 (Sup. Ct., Rockland County) – Represented the plaintiffs and counterclaim-defendants in four cases with overlapping parties resulting from the alleged misappropriation of corporate assets of a company by its former CEO and his alleged defrauding of investors in that company and related entities. 4 of 64 FILED: WARREN COUNTY CLERK 12/04/2020 09:37 PM INDEX NO. EF2018-65232 NYSCEF DOC. NO. 19 RECEIVED NYSCEF: 12/04/2020 11. I also served on the executive committee in In re MF Global Holdings Ltd Investment Litigation, Case No. 12 MD 2338 (S.D.N.Y.), asserting claims resulting from the well-publicized collapse of MF Global. 12. Other matters in which my firm is currently, or was recently, involved include the following: • Peterson v. Islamic Republic of Iran, Case No. 10 Civ. 4518 (S.D.N.Y.) – Representing families of United States Marines killed in the 1983 attack on the Marine barracks in Beirut, Lebanon. • In re Coca-Cola Products Marketing And Sales Practices Litigation (No. II), Case No. 4:14-md-02555-JSW (N.D. Cal.) – Co-lead class counsel for national MDL class action concerning illegal labeling practices. Obtained certification for Rule 23 injunctive relief class (currently subject of pending Rule 23(f) appeal). • Rekor Sys. Inc. v Loughlin et al., 1:19-cv-07767-LJL (S.D.N.Y) – Representing publicly traded corporation and its directors in prosecution of fraudulent inducement and data theft claims against former employees, and defense of counterclaims in multiple federal and state actions. • DG Project Construction Co. LLC et al v Amps Elec., Inc. et al, Index No. 651629/2020 (Sup. Ct. N.Y. Cty) – Representing subsidiaries of national energy producer in connection with disputes concerning violations of construction contracts for multi-million dollar solar energy projects. • Millennium Drilling Co., Inc. v. Beverly House-Meyers Revocable Trust, et al., Case No. 12-cv-00462 (D. Nev.) – Representing a private oil and gas company seeking to recover damages on a breach of contract claim. In November 2016, following a multi-week jury trial, the firm achieved a trial victory in which the firm’s client was awarded nearly $4,000,000 in damages, and the jury unanimously found against the defendants and for the firm’s client in connection with all the defendant’s claims. • Int’l Comms. Assoc. v. 258 St Nicholas Ave LLC et al, Index No. 162812/2014 (N.Y. Sup. Ct.) – Representing defendant/counterclaim plaintiff in connection with disputes arising out of major condominium development project in New York City. • Nussdorf v. BDO Seidman, LLP, Index No. 601359 / 2009 (N.Y. Sup. Ct.) – Representing a private company in connection with tax shelters marketed and sold by BDO Seidman. • Patriot Exploration, LLC v. SandRidge Energy, Inc., Case No. 11 Civ 1234 (D. 5 of 65 FILED: WARREN COUNTY CLERK 12/04/2020 09:37 PM INDEX NO. EF2018-65232 NYSCEF DOC. NO. 19 RECEIVED NYSCEF: 12/04/2020 Conn.) – Represented general partnerships and other investors alleging fraud against a national energy company. • Witman, et al. v. Feldman, et al., Index No. 120905237 (Utah Dist. Ct.) – Represented an individual defending against allegations of fraud, breach of contract, and breach of fiduciary duty. • Prochaska v. Feldman, et al., Civ. No. 4:13-cv-02210 (S.D. Tex) – Representing an individual defending against allegations of fraud, breach of contract, and breach of fiduciary duty. • MaxTak Capital Advisors LLC, et al. v. ParkerVision, et al., Case No. 13 Civ. 1126 (M.D. Fla.) – Represented a hedge fund in connection with an alleged securities fraud. • NextEra Energy Inc. v. Greenberg Traurig, LLP, Index No. 652484/2017 (NY Sup. Ct.) – Representing national energy company with respect to claims alleging legal malpractice by former counsel in connection with multi-million dollar bankruptcy proceeding claims • LRGP III, LLC v. CPP Investment Board Real Estate Holdings Inc., 14-cv-6937 (S.D.N.Y.) – Represented a general partner in a real estate secondary private equity fund in a dispute over fees. 13. Additionally, I have served as trial practice instructor at the Trial Practice Institute of the U.S. Justice Department, and served for ten years as co-chairman of the Practicing Law Institute’s annual conference on class actions. I have lectured in the United States, Canada and Europe on the investigation, litigation and prevention of securities and financial fraud. I declare under penalty of perjury under the laws of the United States of America that the foregoing is true and correct. Dated: December 4, 2020 /s/ Keith M. Fleischman KEITH M. FLEISCHMAN 6 of 66