sonam bakshi, et al. v. broadcom corporation, et al. 06-cv...

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Joseph J . Tabacco , Jr. (75484)Email : tabacco bermanes comNicole Lava ee 5 ~Email : nlavallee bermanes .comJulie J. BaiEmail: ' bai bermanes .comBERMAN a PEASE TABACCOBURT & PUCILLO425 California Street, Suite 2100San Francisco California 94104-2205Telephone : (415) 433-3200Facsimile: (415) 433-6382

Attorneys for State Teachers Retirement System of OhioProposed Lead Plaintiff

UNITED STATES DISTRICT COURTCENTRAL DISTRICT OF CALIFORNIA

SONAM BAKSHI, Individually And OnBehalf of All Others Similarly Situated,

Case Number:CV 06-5036 R (CWx)

Plaintiff,

vs .

HENRY SAMUELI SCOTT A.MCGREGOR WILLIAM J . RUEHLE,BRUCE E. KIbDOO, ANDBROADCOM CORPORATION,

Defendants .

DECLARATION OF JOSEPH J .TABACCO, JR. IN SUPPORT OFSTATE TEACHERSRETIREMENT SYSTEM OFOHIO'S MOTION FORAPPOINTMENT OF LEADPLAINTIFF, APPROVAL OFSELECTION OF LEADCOUNSEL ANDCONSOLIDATION OFRELATED ACTION S

DATE : November 6, 2006TIME : 10:00 A.M .CTRM: 8 ; Hon. Manuel L. Real

I, Joseph J . Tabacco, Jr ., declare under penalty of perjury as follows :

1 . I am a partner in the San Francisco office of Berman DeValerio Pease

Tabacco Burt & Pucillo ("Berman DeValerio") . I am a member in good standing of

the Bar of California, and I am admitted to practice in this Court . I submit thi s

declaration in support of State Teachers Retirement System of Ohio's ("STRS")

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Motion for Appointment as Lead Plaintiff, Approval of Selection of Lead Counsel

and Consolidation of Related Class Actions under the Securities Exchange Act of

1934 §2 1 D(a)(3)(B) .

2. Attached hereto as Exhibit A is a true and correct copy of the Initial

Class Notice of this action published on Market Wire pursuant to the PSLRA. The

Initial Class Notice stated investors had the right to move for appointment as lead

plaintiff no later than October 12, 2006 .

3 . Attached hereto as Exhibit B is a true and correct copy of the

Declaration of William J. Neville on behalf of the State Teachers Retirement System

of Ohio .

4. Attached hereto as Exhibit C is a true and correct copy of Berman

DeValerio's firm resume .

5 . Attached hereto as Exhibit D is a true and correct copy of Benesch

Friedlander Coplan & Aronoff LLP's firm resume .

I declare under penalty of perjury under the laws of the State of California that

the foregoing is true and correct .

Executed this day of October, 2006,\ *\ San Francisco, C ifornia.

, Jr.

EXHIBIT A

KGS Announces Filing of Shareholders Secu rities Fraud Class Action Against Broadcom . . . Page 1 of 2

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Source : Kahn Gauthier Swick, LLC

KGS Announces Filing of Shareholders Securities Fraud ClassAction Against Broadcom Corp. - (NASDAQ: BRCM)Sunday August 13, 2:32 pm E T

NEW ORLEANS, LA-(MARKET WIRE)-Aug 13, 2006 -- Kahn Gauthier Swick, LLC ("KGS") announces that it hasfiled a class action lawsuit in the United States District Court for the Central District of California, Western Division onbehalf of shareholders who purchased, exchanged or otherwise acquired the common stock and other securities ofBroadcom Corporation ("Broadcom" or the "Company") (NASDAQ:BRCM - News) between July 21, 2005 and July13, 2006 .

Broadcom and certain of its officers and directors are charged with issuing a series of materially false and misleadingstatements in violation of Section 10(b) and 20(a) of the Exchange Act and Rule 1 Ob-5 promulgated thereunder . OnJuly 14, 2006, Broadcom announced that it would record more than $750 million in added expenses and restate itspast earnings related to the illegal backdating of stock options . Prior to any news of options backdating reaching inthe market, shares of Broadcom traded at slightly above $40 .00 per share and, thereafter, shares traded down toapproximately $27 .50 per share - a rapid decline of over 31 % .

Options pricing backdating occurs when options grants to senior officers or directors of public companies are made atprices lower than the trading price of the stock on the date such options are granted . The undisclosed backdating ofoptions violates generally accepted accounting principles .

If you wish to serve as lead plaintiff, you must move the Cou rt no later than 60 days from today . Any member of thepurported class may move the Cou rt to serve as lead plaintiff through counsel of their choice , or may choose to donothing and remain an absent class member . If you would like to discuss your legal rights , you may e-mail or callKGS, without obligation or cost to you . You may contact Managing Partner Lewis Kahn of KGS direct , toll free 1-866-467-1400, ext ., 100 , or 504-648-1850 , or by email at IIewis_kahn@kgIIg coat.

Contact:

Contact :

Lewis Kahn

KGS1-866-467-1400, ext . 100

504-648-185 0

email : lewi s .kahn@kglg .com

Source : Kahn Gauthier Swick, LL C

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EXHIBIT B

Joseph J. Tabacco, Jr . (75484)Email : . tabacco ,,bemiane .eo m

2 Nicole ava. e 5Email : nl :t\,,alUeer:.bel-rrmai esg. rom7 1

ca i ~22uJlie J . B /04:

4Email : jbaica herrnanesq eo mBER N'XAN DeVALERIO PEASE TABACC OBURT & PUCILLO

5 Suite 2100425 California Street ,San Francisco, California 94104-220 5

6 'Felephone: (415) 433-3200I'acslrnile : (415) 433-6382

Attorneys for State Teachers Retirement System of Ohi ox Proposed Lead Plaintiff

t o UNITED STATES DISTRICT COURT

ttCENTRAL DISTRICT OF CALIFORNI A

12 SONAM BAKSHI, Individually And On } Case Number :Behalf of All Others Similarly situated, } CV 0 6-5036 R (CWx)

Plaintiff, 3 DECLARATION OF WILLIAM14 J . KIEV ILLE IN SUPPORT OF

)} STATE TEACHERSvs.15 ) RETIREMENT SYSTEM OF

HENRY SAMUELI SCOT T A. ) OHIOS MOTION FOR16 MCGREGOR, WILLIAM J . RUEHLE, APPOINTMENT OF LEAD

BRUCE E . K.JDDOO. AND PL.AINTI.FF APPROVAL O F17 SELECTION OF LEADBROADCOM CORPORATION, )

COUNSEL AN D18 Defendants. CONSOLIDATION OF

RELATED ACTION S19 }

} DATE : November 6, 200 620 TIME: 10:00 A.I .

. TRM : 8 ; Hon. Manuel L. Real

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1 . William J. Neville. hereby declare under penalty of perjury pursuant to 28

U.S .C . § 1746 as follows :

I . I am the General Counsel of the State Teachers Retirement System of

Ohio ("STRS") . I am an attorney and member in good standing of the Ohio State

Bar. I respectfully submit this declaration, which is made to the best of my

knowledge and belief, in support of STRS' motion for appointment as lead plaintiff,

approval of selection of lead counsel and consolidation of related actions .

2. STRS is one of the nation's premier retirement systems, serving More

than 400,000 active, inactive and retired Ohio public educators . With assets of

approximately $68 billion, STRS is one of the largest public pension funds in the

country .

1 1 have reviewed the complaint against Broadcom Corporation

( .`Broat com"), Bakshi v. Hen y Sainueli, Scott .4. M Is Gtregor, William J. Ruehle,

Bruce E. Kiddoo, and Broadcom Corporation, 06-CV-5036 R (C x), which was

filed on August 11, 2006 and assigned to Honorable Manuel L. Real .

4. The Board of STRS has authorized the filing of this motion seeking an

order appointing STRS as lead plaintiff and has retained Berman DeVelario Pease

Tabacco Burt &Pucillo to act as lead counsel .

5 . STRS did not purchase the security that is the subject of this action at

the direction of its counsel or in order to participate in this private action arising

under the federal securities law .

6 . STRS" transactions in Broadcor securities during the Class Period are

set forth on Schedule A hereto and are the subject of this action .

7. SIRS is willing to serve as a representative party on behalf of the class,

including providing testimony at deposition and trial, if necessary, and STRS is

willing to serve as a lead plaintiff either individually or as part of a group, a lead

t plaintiff being a representative party, who acts on behalf of other class members in

2 directing the action .

S. During the three years prior to the date of this Declaration, STRS has

4 sought to serve or served as a representative party for a class under the federal

5 securities laws for the following actions-

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7In re Royal Dutch Petroleum Co . Lltig., D .N.J. 04-cv-00283-J 3-

GDl-I (Not appointed)89 In re Exxon Mobil Corp . Sec. Litig., D.N.J . 04-cv-01257-FLW-JBR

(Appointed)10

11 In re Fannie Mae Sec. Litig., D .D.C. 04-cv-01639-R1 L (Appointed )

12 In re Amer-iccan Intl Group, Inc. See. Litig., S .D.N.Y. 04 Civ, 8141

13 (LTS)(_A.J'P) (Appointed )

14• In re Marsh & Mc-Lenn( coi panies, Inc. Sec. Litig. . S,D.N .Y. 04-

15 C -V-08144 (SWK) (Appointed )

16Zuckerman v. Scottish re Group, S .D.N.Y 06-CV-05853 (Appointed)

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9 . STRS was also appointed lead plaintiff in Ohio Public Employees

Reti -ement Svstemn, et at. v. Freddie iIae, et al . . S.D.N .Y. MDL-1 84, Lead Case

No. 03-CV-4261 . in the last three years . The motion for appointment of plaintiff

was filed on August 8, 2003, more than three years ago, but the Order was granted

on March 17 . 2004 . SIRS has reached a tentative settlement of this Action on

behalf of the Gass for 410 million- The Court granted preliminary approval of this

Settlement on July 26, 20061 and a hearing on final approval is scheduled for October

26, ?006 .

10. SIRS will not accept any payment for serving as a representative party

on behalf of the class beyond STRS' pro rata share of any recovery, except such

3

i reasonable costs and expenses (including lost wags,) directly relating to the

? representation of the class as ordered or approved by the court.

3 I declare under penalty of perjury under the laws of the State of Ohio that the

4 foregoing is true and correct to the best of my knowledge and belief.

5 Executed this = day of October, 2006 .6

7William J . evi e

8 General Counsel

9State Teachers Retirement System of Ohio

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Schedule A

Broadcom Shareholder Losses (FIFO)Class Period : 07/21/05-07/13/0 6Average Price: $27.361 (7/14/06-10/9/06)

Shareholder : Ohio State Teachers Retirement System

Trade Date Shares Bought Shares Sold Shares Remaining Price / Share (Cost) / Proceeds

Sales Applied to Pre-Class Period Holdings

07/21/05- Beg . Bal . 703,823 .00 703,823 .0007/21/05 (64,300 .00) 639,523 .00 $38 .913 $2,502,086.6 107/22/05 (76,700.00) 562,823 .00 $44 .252 $3,394,120.7 308/10/05 (118,000 .00) 444,823 .00 $42.298 $4,991,211 .2008/10/05 (25,000 .00) 419,823 .00 $43 .045 $1,076,125.0009/07/05 (2,261 .00) 417,562 .00 $44 .916 $101,553 .9509/12/05 (3,573 .00) 413,989 .00 $46.224 $165,158 .7 109/13/05 (2,381 .00) 411,608 .00 $46.481 $110,671 .5 009/19/05 (6,496 .00) 405,112 .00 $45 .792 $297,462 .8 809/19/05 (26 .00) 405,086 .00 $46.097 $1,198.5 109/20/05 (7,984 .00) 397,102 .00 $45 .642 $364,404 .9309/20/05 (201 .00) 396,901 .00 $45 .595 $9,164.6009/21/05 (2,458 .00) 394,443 .00 $44 .358 $109,032 .4609/21/05 (1 .00) 394,442 .00 $44 .805 $44 .8 109/22/05 (1,818.00) 392,624 .00 $43.720 $79,482 .9 609/26/05 (2,649.00) 389,975 .00 $45 .515 $120,568 .9 710/10/05 (1,595 .00) 388,380 .00 $45 .312 $72,273 .2 810/11/05 (1,597.00) 386,783 .00 $43 .984 $70,243 .0911/01/05 (4,150.00) 382,633 .00 $41 .958 $174,123 .6311/02/05 (2,766.00) 379,867 .00 $42 .744 $118,229 .0711/03/05 (4,815.00) 375,052 .00 $43 .867 $211,219 .6 111/03/05 (304.00) 374,748 .00 $44 .231 $13,446 .0711/03/05 (130 .00) 374,618 .00 $44 .031 $5,724 .0 311/04/05 (6,634 .00) 367,984 .00 $43 .396 $287,885 .7 5

11/14/05 (4,488.00) 363,496 .00 $45 .555 $204,449 .0 411/15/05 (3,567.00) 359,929 .00 $45 .882 $163,662 .5 2

11/17/05 (2,933 .00) 356,996 .00 $46.840 $137,382 .3 111/21/05 (9,362 .00) 347,634 .00 $47 .419 $443,933 .87

11/22/05 (9,287 .00) 338,347 .00 $48 .079 $446,512 .46

11/23/05 (9,852 .00) 328,495 .00 $48.310 $475,946 .1 811/28/05 (9,402 .00) 319,093 .00 $46 .763 $439,661 .97

11/28/05 (7 .00) 319,086 .00 $47 .053 $329 .37

11/29/05 (3,636 .00) 315,450 .00 $46 .269 $168,235 .54

12/01/05 (2,549 .00) 312,901 .00 $47 .386 $120,787 .9 3

12/07/05 (300.00) 312,601 .00 $48 .820 $14,646 .00

12/09/05 (200.00) 312,401 .00 $48 .230 $9,646 .00

12/14/05 (700.00) 311,701 .00 $49 .101 $34,370 .63

01/12/06 (2,000 .00) 309,701 .00 $58 .096 $116,191 .8 0

01/27/06 (50,000.00) 259,701 .00 $71 .022 $3,551,110.0 0

01/31/06 (1,300 .00) 258,401 .00 $68 .120 $88,556 .2 6

2/22/06 3 :2 Stk S 1 129,200 .50 387,601 .50

03/23/06 (43,890.00) 343,711 .50 $43.861 $1,925,041 .7 3

03/24/06 (125,913 .00) 217,798 .50 $44.003 $5,540,524.5 6

03/24/06 (49,647.00) 168,151 .50 $44.194 $2,194,114.4 1

04/26/06 (125,000.00) 43,151 .50 $40.338 $5,042,300.00

06/27/06 (43,151 .50) 0 .00 $30 .244 $1,305,065.34

Trade Date Shares Bought Shares Sold Shares Remaining Price / Share (Cost) / Proceeds

Class Period Tradin g07/21/05 1,132 .00 1,132 .00 $38.850 ($43,978 .20 )07/21/05 6,117.00 7,249.00 $38.698 ($236,715 .05)07/21/05 32.00 7,281 .00 $38.300 ($1,225 .60 )09/12/05 1,600 .00 8,881 .00 $46 .203 ($73,924 .48)09/28/05 2,200.00 11,081 .00 $45.639 ($100,405.58)10/14/05 1,700 .00 12,781 .00 $43.731 ($74,342 .70)11/01/05 3,000.00 15,781 .00 $42.044 ($126,130.80)11/29/05 1,800 .00 17,581 .00 $46.395 ($83,510 .28 )12/09/05 91,139.00 108,720 .00 $48 .122 ($4,385,754.50 )12/19/05 54,479 .00 163,199 .00 $47.525 ($2,589,130 .82 )01/04/06 2,000 .00 165,199 .00 $48 .327 ($96,654 .00 )01/09/06 150,000 .00 315,199 .00 $53.235 ($7,985,242 .50)01/10/06 68,262.00 383,461 .00 $54.003 $3,686,345.9601/11/06 80,000 .00 463,461 .00 $58 .412 ($4,672,936.00 )01/12/06 35,000.00 498,461 .00 $57 .757 ($2,021,509 .00 )01/12/06 35,000.00 533,461 .00 $57 .089 ($1,998,125 .50)01/17/06 9,250 .00 542,711 .00 $55.893 ($517,005.63)01/18/06 10,000 .00 552,711 .00 $55.500 ($555,000.00)01/19/06 62,488.00 615,199 .00 $58 .901 ($3,680,599 .44)01/20/06 10,000 .00 625,199 .00 $57.960 ($579,600.00 )01/24/06 10,000 .00 635,199 .00 $58 .645 ($586,454 .00 )01/24/06 30,000.00 665,199 .00 $58 .210 ($1,746,285 .00)01/25/06 25,000.00 690,199.00 $57 .669 ($1,441,722 .50)

2/22/06 3 :2 Stk Spl 345,099 .50 1,035,298 .50 $0.000 $0 .0003/23/06 2,700.00 1,037,998 .50 $44.178 ($119,279.79)04/21/06 12,500 .00 1,050,498 .50 $43 .911 ($548,882 .50)04/24/06 5,000 .00 1,055,498 .50 $41 .489 ($207,446 .50)05/15/06 2,200.00 1,057,698 .50 $36 .493 ($80,284.38)06/27/06 (191,009.50) 866,689 .00 $30 .244 $5,776,853.1 206/27/06 (3,200.00) 863,489 .00 $29 .985 $95,951 .0406/30/0.6 125,761 .00 989,250 .00 $30.050 ($3,779,118 .05 )08/10/06 (4,800.00) 984,450.00 $25 .622 $122,983 .2 008/18/06 (2,400.00) 982,050 .00 $29.628 $71,107 .4409/06/06 (2,600.00) 979,450 .00 $28.345 $73,695 .7009/07/06 (120,000.00) 859,450 .00 $26 .734 $3,208,032 .00

10/02/06 (3,700.00) 855,750 .00 $31 .393 $116,154 .84

Subtotals : 1,183,459 .50 (327,709 .50) ($32,552,831 .42 )

Shares Remainin : 855,750 .00

Shares Remaining x $27.361 : $23,414,17 6

Total Losses : ($9,138,656)1 1

EXHIBIT C

BERMAN DEVALERIO PEASETABACCO BURT PUCILLO

THE FIRM

The law firm of Berman DeValerio Pease Tabacco Burt & Pucillo prosecutes classactions nationwide on behalf of victims of securities and antitrust law violations .Founded in 1982, Berman DeValerio has 37 attorneys in offices in Boston, San

Francisco, and West Palm Beach . The firm holds leadership positions in dozens ofsecurities and antitrust actions around the country .

The attorneys at Berman DeValerio have prosecuted hundreds of class actions on behalfof defrauded individuals and institutions, recovering billions of dollars overall for clients .In addition to the financial recoveries, the firm has achieved significant changes i ncorporate governance .

The firm acts as monitoring, evaluation, and/or litigation counsel to more than 55 publicand Taft-Hartley pension funds, including some of the nation's largest . In antitrustmatters, the firm's institutional clients include the State of Florida and Aetna U .S .Healthcare, Inc .

RESULTS

Securities Settlement s

The firm has negotiated substantial settlements for its clients. The following is a sampleof significant results in securities litigation :

As counsel to court-appointed bondholder representatives the County of Fresno, Calif.,and the Fresno County Employees' Retirement Association in In Re: WorldCom, Inc .

Sec. Litig . , 02civ3288 (S .D.N.Y.), Berman DeValerio helped a team of lawyer s

representing the New York State Common Retirement Fund obtain settlements worthmore than $6 billion .

In In Re: Bristol-Myers Squibb Sec. Litig. , 02CV2251 (S .D. N.Y.), . Berman DeValeriorepresented the Fresno County Employees' Retirement Association and the LouisianaState Employees' Retirement System as lead plaintiffs . The firm negotiated a cashsettlement of $300 million in July 2004. The settlement is the largest by a drug company

in a U.S. securities fraud case .

BOSTON • SAN FRANCISCO • WEST PALM BEAC H

TEL : 800 516-9926 • E-MAIL : FUNDS@BERMANESQ .COM • URL : WWW .BERMANESQ .COM

Berman DeValerio represented the Louisi ana Municipal Police Employees RetirementSystem as co-lead plaintiff in In Re : Symbol Technologies, Inc. Sec . Litig ., 2:02cv01383(E.D.N.Y.), obtaining a $139 million part ial settlement in June 2004 . Lead plaintiffscontinue to prosecute the claims against individual defendan ts . A separate lawsuit ispending against Symbol's former auditor, Deloitte & Touche LLP.

As co-lead counsel in In Re: Lernout & Hauspie Products, N.V. Securities Litigation , 00-CV-1 1589 (PBS) (D. Mass .), Berman DeValerio negotiated the third largest settlementever paid by accounting firms in a securities class action - a $115 million agreement withthe U.S. and Belgian affiliates of KPMG International to settle claims of accountingmalpractice . The case stemmed from KPMG's work for Lernout & Hauspie SpeechProducts, a software company driven into bankruptcy by a fraud scandal . The firm hasreached additional partial settlements worth $5 .5 million . The case is continuing againstother defendants, including Lernout & Hauspie's former top officers, who are currentlyfacing criminal charges in Belgium.

In Oracle Cases, Coordination Proceeding, Special Title (Rule 1550(b)) No. 4180 (Cal .Sup. Ct ., SM Cty .). In this coordinated derivative action, Oracle Corporationshareholders allege that the company's CEO, Lawrence J . Ellison, profited from illegalinsider trading. Acting as co-lead counsel, the firm reached a settlement under which Mr .Ellison would personally make a charitable donation of $100 million over five years inOracle's name to an institution or charity that is approved by the company and pay $22million in attorneys' fees and expenses associated with the prosecution of the case . Thisinnovative agreement, approved by a judge in December 2005, benefits Oracle throughincreased goodwill and brand recognition, while minimizing issues that would be raisedby a payment from Mr. Ellison to the company, of which he is a large shareholder . Inaddition, the lawsuit has resulted in important changes to Oracle's insider trading policiesthat decrease the chances that an insider will trade in possession of material, non-publicinformation. Under the agreement, Mr . Ellison denies any alleged wrongdoing and theparties acknowledge that the settlement does not constitute an admission of wrongdoing.

In Re: Reliant Energy, Inc . Sec. Litig. , 02-cv-1810 (S .D . Tex.) . As lead counselrepresenting the Louisiana Municipal Police Employees' Retirement System, the firmnegotiated a $75 million cash settlement from the company and Deloitte & Touche LLP,an underwriter of its 2001 initial stock offering . A settlement agreement was announcedin July 2005 and the Court granted final approval on January 7, 2006.

Berman DeValerio acted as sole lead counsel in a case against Enterasys Networks, Inc .,

in which the Los Angeles County Employees '. Retirement Association was lead plaintiff.

In Re : Enterasys Networks, Inc . Securities Litigation, 02-CV-71 (D.H.H.) settled inOctober 2003 for $17 million in cash , stock valued at $33 million, and major corporate

governance improvements that opened the computer networking company to greater

public scrutiny . Changes included requiring the company to back a proposal to eliminate

its staggered board of directors , allowing certain large shareholders to propose c andidates

2

BOSTON • SAN FRANCISCO • WEST PALM BEAC HTEL : 800 516-9926 • E-MAIL : LAW@BERMANESQ .COM • URL : WWW .BERMANESQ .COM

to the board, and expanding the company's annual proxy . disclosures . The settlementreceived court approval in December 2003 .

Representing the Teachers ' Retirement System of Louisi ana as co-lead plaintiff, BermanDeVale rio negotiated a $30 .5 million partial settlement in In Re: SmartForce PLCSecurities Litigation , Case No . 02-CV-544 (PJB ) (D . N.H.) . The agreement receivedcourt approval in September 2004 . The case is continuing against the comp any 's auditorsErnst & Young Chartered Account ants and Ernst & Young, LLP .

In In Re: Warnaco Group, Inc . Securities Litigation, 00civ6266 (LMM) (S.D.N.Y.), thefirm negotiated a $12 .85 million settlement against several current and former topofficers of the company. The firm represented the Fresno County Employees RetirementAssociation as co-lead plaintiff in the case .

The firm represented the Florida State Board of Administration as co-lead plaintiff in InRe: Sykes Enterprises, Inc. Sec. Litig ., Case No. 8 :00-CV-212-T-26F (M.D. Fla.), inwhich Sykes Enterprises was accused of using improper means to match the company'searnings with Wall Street's expectations . The firm negotiated a $30 million settlement,which received final approval in March 2003 .

The firm served as co-lead counsel in In Re: Thomas & Betts Securities Litigation , CivilAction No. 2 :00cv2127 (JPM) (W .D. Tenn.), which settled for $51 million in 2004.Plaintiffs in this action had accused the company and other defendants of issuing falseand misleading financial statements for 1996, 1997, 1998, 1999 and the first two quartersof 2000 .

A member of the executive committee representing plaintiffs, Berman DeValerio secureda $45 million settlement in Giarraputo v . UNUMProvident Corp . , cv99-301-P-C (D .Me.), a lawsuit stemming from the 1999 merger that created UNUMProvident .Shareholders of both predecessor companies accused the insurer of misleading the publicabout its business condition before the merger . The settlement received final approval inJune 2002 .

In In Re: Critical Path, Inc. Securities Litigation, C-01-0551-WHA (N.D. Ca.), the firmnegotiated a $17.5 million recovery to settle claims of accounting improprieties at aCalifornia software development company . The firm, representing the Florida StateBoard of Administration, was appointed sole lead counsel in August of 2001 .Allegations of serious fraud arose shortly after the spectacular collapse of Critical Path'sstock price and certain former officers were indicted for stock fraud . The difficultiesfacing the lead plaintiff related to marshalling all available resources to secure a recoveryfor the class as Critical Path teetered on bankruptcy . Following arduous negotiations, the

case settled for $17.5 million . The settlement was approved in June 2002 .

As one of co- lead counsel in In Re: Molten Metal Technology Inc. Sec . Litig. , No. 97-

10325-MLW(D. Mass .) and Axler v . Scientific Ecology Group, Inc ., et al . , No. MLW (D .

3


Mass.), the Boston office played a key role in settling the actions after Molten Metal andseveral affiliates filed a petition for bankruptcy reorganization in Massachusetts . Theindividual defendants and the insurance carriers in Molten Metal agreed to settle for$11 .91 million. After the bankruptcy trustee objected to the use of insurance proceeds forthe settlement, the parties agreed to pay the trustee $1 .325 million of the Molten Metalsettlement . The parties also agreed to settle claims .against Scientific Ecology Group for$1 .25 million, giving Molten Metals investors $11 .835 million.

In In Re: Interspeed, Inc. Sec . Litig ., 00-CV-12090-EFH (D . Mass .), the Boston officeserved as co-lead counsel and negotiated a $7.5 million settlement on behalf of the class .The settlement was reached in an early stage of the proceedings largely as a result of thefinancial condition of Interspeed and the need to salvage a recovery from its availableassets and insurance .

In In re Avant, Sec . Litig . , 96 CV 20132 (N.D. Cal .), Avant!, a software company, wascharged with securities fraud in connection with its alleged theft of a competitor'ssoftware code, which Avant! incorporated into its flagship software product . Serving aslead counsel, the firm recovered $35 million for the class . The recovery resulted in eacheligible class claimant receiving almost 50% of losses net of attorneys' fees an dexpenses .

The Boston office, as co-lead counsel in In Re: Summit Technology Sec . Litig ., No. 96-11589-JLT (D . Mass) ., negotiated a settlement consisting of $10 million for the benefit ofthe class. The action was intensely litigated for four years, resulting in motion practic eon the adequacy of the complaint and the issue of class certification, the review andanalysis of over a million pages of documents produced by the defendants and 40 third-party witnesses, the depositions of 40 witnesses, the exchange of nine expert reports andthe filing of and responding to nine motions for summary judgment .

In Re : Prison Realty Sec . Litig . , 3 :99 CV 0452 (In Re: Old CCA Sec . Litig.) 3 :99 CV0458 (M.D . Tenn.) . The firm represented the former shareholders of CorrectionsCorporation of America, which merged with another company to form Prison RealtyTrust, Inc. The action charged that the registration statement issued in connection withthe merger contained untrue statements . The firm successfully countered arguments thatthe class' claims for securities fraud were released in prior litigation involving the mergerand overcame motions to dismiss . It negotiated a global settlement of approximately$120 million in cash and stock for this case and other related litigation .

The Boston office served as co-lead counsel in Gelfer v . Pegasystems, Inc ., et al . , 98 CV

12527 (D . Mass.) and negotiated a settlement valued at $12.5 million consisting of $4 .5

million in cash and $7 .5 million in shares of the company's stock or cash at th e

company's option .

In In Re : Sybase II, Sec. Litig. , C-98-0252-CAL (N .D. Cal .), Sybase was charged with

inflating its quarterly financial results by improperly recognizing revenue at its wholly

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owned subsidiary in Japan . Acting as co-lead counsel, attorneys in the California officeobtained a $28 .5 million settlement.

In In Re: UCAR International, Inc . Sec. Litig . , 98-CV-0600-JBA (D. Conn.), the firmrepresented the Florida State Board of Administration as the lead plaintiff in a securitiesclaim arising from an accounting restatement . The case settled for $40 million cash andthe requirement that UCAR appoint an independent director to its Board of Directors .The settlement was approved in 2000 and the lead plaintiffs recommended nominee iscurrently serving on the board. It was one of the first securities class actions to achievesuch significant corporate governance relief.

The firm served as sole lead counsel in the class action In Re: Centennial TechnologiesLitigation, No. 97-10304-REK (D. Mass.) involving a massive accounting scandal thatshot down the company's high-flying stock. The Boston office negotiated a settlementthat permitted a turnaround of the company and provided a substantial recovery for classmembers . The firm negotiated changes in corporate practice, a strengthening of internalfinancial controls, and obtained 37% of the company's stock for the class . In addition,the firm recovered $20 million from Coopers & Lybrand, Centennial's auditor at the time- the largest settlement with an auditor in a shareholder class action in New England andamong the largest in the nation. The firm also recovered $2 .1 million from defendantsJay Alix & Associates and Lawrence J . Ramaekers for a total recovery of more than $35million for the class.

In In Re: Exide Corp. Sec . Litig ., 98 CV 6006 (E.D. Mich.), Exide was charged withhaving altered its inventory accounting system to artificially inflate profits by resellingused, outdated, or unsuitable batteries as new ones . The Boston office, as co-lead counselfor the class, recovered more than $10 million in cash for class members .

In In Re: Digital Lightwave Sec . Litig ., 98-152-CIV-T-24C (M.D . Fla.), the Bostonoffice acted as co-lead counsel and the Florida office acted as liaison counsel innegotiating a settlement that included changing company management and strengtheningthe company's internal financial controls so the company could be poised for a successfulturnaround. In addition, the class received 1 .8 million shares of freely tradable commonstock that traded at just below $4 per share when the court approved the settlement . Atthe time the shares were distributed to the members of the class, the stock traded atapproximately $100 per share and class members received more than 200% of theirlosses after the payment of attorneys' fees and expenses . The total value of thesettlement, at the time of distribution to the class, was almost $200 million.

The Florida office acted as co-lead counsel in Ehrenreich v . Witter, 95 CV 6637 (S .D .

Fla.) involving Sensormatic Electronics Corp ., which resulted in a settlement o f

$53 .5 million approved in 1998 . It was one of the largest class-action settlements in the

State of Florida .


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In Hallet v . Li & Fung, Ltd ., et al . , 95 CIV 8917 (S.D.N.Y.) the company Cyrk Inc . wascharged with misrepresenting its financial results and failing to disclose that its largestcustomer was ending its relationship with the company . In 1998, the Boston officesuccessfully recovered more than $13 million for defrauded investors .

In In Re: Valence Sec . Litig . , 95-20459-JW (EAI) (N.D. Cal .), the California officeserved as co-lead counsel for the class litigating against a Silicon Valley-based companythat overstated performance and development of an allegedly revolutionary batterytechnology. Following the Ninth Circuit's reversal of the District Court's grantingsummary judgment in defendants' favor, the case settled for $30 million in Valencecommon stock .

Berman DeValerio represented the Florida State Board of Administration (FSBA) inSand Point Partners, L .P. v. Pediatrix Medical Group, Inc . , 99-6181-CN-2LOCH (S .D .Fla.) . The FSBA was appointed co-lead plaintiff along with several other public pensionfunds . The complaint accused Pediatrix of Medicaid billing fraud, claiming that thecompany illegally increased revenue and profit margins by improperly coding treatmentrendered. The case settled for $12 million on the eve of trial in 2002, after completion ofdiscovery. As co-lead counsel, the firm prosecuted the case through pre-trialproceedings .

The firm helped obtain an $11 .5 million settlement for co-lead plaintiff Warburg, Dillon,Read, LLC (now UBS Warburg) in In Re: CHS Electronics, Inc. Sec . Litig . , 99-8186-

CIV (S.D. Fla .) .

Using a novel theory in In Re: Fidelity/Micron Sec . Litig ., 95 Civ. 12676 (D. Mass .),Berman DeValerio & Pease recovered $10 million in cash for Micron investors after aFidelity Fund manager touted Micron while secretly selling the stock .

Antitrust Settlements

Over the past two decades, Berman DeValerio has held leadership roles in scores ofcomplex antitrust cases, negotiating substantial settlements for its clients . Among thoseresults are the following :

The Califo rn ia office served as lead counsel in In Re : Sorbates Direct Purchaser AntitrustLitigation , Master File No . C 98-4886 CAL (N . D. Cal.), alleging that six m anufacturers

of sorbates , a food preservative , violated antitrust laws through part icipation in aworldwide conspiracy to fix p ri ces and allocations to customers in the United States . The

firm negotiated a part ial settlement of $82 million with four of the defendants in 2000 .

Following intensive pretrial litigation , the firm achieved a further $14 .5 millionsettlement with the two remaining defendants , Japanese manufacturers , in 2002. Total

settlement achieved for the class was $96 . 5 million.

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Attorneys in the Florida office acted as co-lead counsel and chief trial counsel in In Re:Disposable Contact Lens Antitrust Liti ag tion, MDL 1030 (M .D. Fla.) . Representing botha national class and the State of Florida, the firm helped secure settlements fromdefendants Bausch & Lomb and the American Optometric Association before trial andfrom Johnson & Johnson after five weeks of trial . The settlements were valued at morethan $92 million and also included significant injunctive relief to make disposable contactlenses available at more discount outlets and at more competitive prices .

The California office negotiated a $62 million settlement in In Re: Toys "R" Us AntitrustLitigation, MDL 1211 (E.D.N.Y.) to answer claims that the retailer violated laws bycolluding to cut off or limit supplies of popular toys to stores that soldthe products atlower prices. A component of the settlement included $40 million worth of toys to needychildren throughout the United States over a three-year period .

The California office served as co-lead counsel in In Re: Industri al Diamonds AntitrustLitigation, MDL-948 (WCC) (S .D.N.Y.) alleging General Elect ric and DeBeersconspired to fix , raise , and maintain the prices of industrial diamond products in violationof the federal antitrust laws . The action settled for a combined cash and couponsettlement valued at $26 million .

The firm played a significant role in one of the largest antitrust settlements on record in acase that involved alleged price-fixing by more than 30 Nasdaq Market-Makers on about

6,000 Nasdaq-listed stocks over a four-year period . The settlement, one of the largest ofits kind at the time, was valued at near $1 billion .

Berman DeValerio attorneys also played a key role in obtaining a $535 million

agreement from Bristol-Myers Squibb Co . to partially settle claims that the drug

company had illegally blocked generic competition for its anxiety medication, BuSpar .

In another case involving generic drug competition, Berman DeValerio, as . co-leadcounsel, helped secure an $80 million settlement from French-German drug makerAventis Pharmaceuticals and the Andrx Corporation of Florida. The payment toconsumers, state agencies, and insurance companies settles claims that the companiesconspired to prevent the marketing of a less expensive generic version of the bloodpressure medication Cardizem CD . The state attorneys general of New York andMichigan joined that case in support of the class .

LEADERSHIP ROLE S

The firm has acted as lead or co-lead counsel in dozens of high profile cases, and hasplayed an active role in some of the country 's most prominent class actions . Thefollowing is a list of active cases where the firm is currently serving as lead or co-lead

counsel for the class . This list does not include the numerous closed actions where the

firm served as lead or co-lead counsel.

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Securities Class Action s

• In Re : Abercrombie & Fitch Co . Securities Litigation , M21-83 (TPG) (S .D.N.Y)- Member of the Executive Committee .

• In Re : Buca Inc . Securities Litigation, Civil Action No. 05-cv-1762 (D. Minn.)

• In Re: Oscar Wyatt v . El Paso Corp ., Civil Action No . H-02-2717 (S .D. Tex .) ;Deputy Lead Counsel

• In Re: Fannie Mae Securities Liti ag tion, 1 :04-cv-1639 (RJL) (D. D.C.) - Co-leadCounsel . . -

• In re : Genesislntermedia, Inc . Securities Litigation , 01cv9024 (C.D. Cal) - Co-lead Counsel .

• Hanley v . Warburg (Magma Copper), 96-390 (D. Ariz.) - Co-lead Counsel .

• Heartland High Yield Municipal Bond Fund et al . , 00 C 1388 (JPS) (E .D. Wisc .)- Lead Counsel .

• In re : ICG Communications Inc. Securities Liti ag tion , 00-CV-1 864 (D. Colo.) -Co-lead Counsel .

• In Re: Philip Services Corp Securities Litigation, 98cv835 (MBM) (S .D.N.Y.),99-7825 (2d Cir.) - Co-lead Counsel .

• In re Silicon Storage Tech., Inc. Securities Liti ag tion , C-05-0295 (PJH) (N.D .Cal . )

• In Re : Stone & Webster, Inc. Securities Litigation , 00cv10874 (RCL) (D . Mass.)

- Member of the Executive Committee and Liaison Counsel .

• In Re: Xcelera.com Securities Liti ag tion , 1 :00cvl 1649 (RWZ) (D. Mass .) - Co-

lead Counsel .

• Carlson v . Xerox Corp . , 3 :00-CV-1621 (AWT) (D.Conn.) - Co-lead Counse l

Antitrust Class Actions

• In Re: Canadian Car Antitrust Litigation .

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• In Re: SBC Communications , Inc . Antitrust Litigation, (Lead Case No .3 :02CV1617 (DJS), D . Conn.) and Syncro Serv ices v . Bell Atlantic Corp . (02 civ .7650 (SHS), S.D. N.Y) .

• In Re: Automotive Refinishing Paint Litigation , (JCCP4199, Superior Court ofCalifornia, County of Alameda) .

• Sample v . Monsanto et al . [Bioseeds Antitrust Litigation], (4 :01cv00065RWS,,E.D. Mo .) .

• In Re : High Fructose Corn Syrup Antitrust Litigation , (95-1477, MDL No . 1087,C .D. Ill .) .

• Samole v. Bayer Ag, et al . [Cipro Antitrust Litigation], (MDL1383, E.D. N.Y.) .Koonan v . Barr Laboratories, Inc . [Tamoxifen Antitrust Litigation], (MDL 1408,E.D. N.Y.) .

• Blevins v . Wyeth-Ayerst Laboratories, et al. [Premarin Antitrust Litigation],(CGC-01-324380, Superior Court of California, County of San Francisco) .

• In Re : Neurontin Antitrust Litigation , (MDL1479, D. N.J .) .

• In Re: Terazosin Hydrochloride Antitrust Liti ag tion, [Hytrin], (99-MD-1317, S .D .Fla.) .

• MC - UA Local 119 Health and Welfare Plan V. Glaxosmithkline, PLC et al.[Welibutrin] , (02-cv-4398, E.D. Pa.) .

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TRIAL EXPERIENCE

The firm also has extensive experience in taking securities and antitrust class actions totrial . Over the years, its attorneys have gone to trial against pharmaceutical companies inNew York and Boston, a railroad conglomerate in Delaware, one of the nation's largesttrustee banks in Philadelphia, a major food retailer in St . Louis and the top officers of afailed New England bank . The firm also took an environmental products company totrial in Philadelphia and successfully argued the case before a federal appeals court .

The firm has been involved in more trials than most of the firms in the plaintiffs' classaction bar . Our trial experience includes In Re: Disposable Contact Lens AntitrustLitigation, MDL 1030 (M .D. Fla.) (settled for $60 million with defendant Johnson &Johnson after five weeks of trial) ; Hurley v. Federal Deposit Insurance Corp . , 88 Civ .1940 (D. Mass .) (bench verdict for plaintiffs) ; Howard Savings Bank , ($3 millionplaintiffs' verdict following four week trial) ; In Re: Eguitec Sec. Litig ., ($35 millionsettlement at close of evidence following five month trial) ; In Re: ICN/Viratek Sec .Litig . , 87 Civ. 4296 (S .D.N.Y.) (hung jury with 8-1 vote in favor of plaintiffs ; the casesettled for over $14 .5 million after the trial) ; In Re: Biogen Sec . Litig . , 94 Civ. 12177 (D.Mass.) (verdict for defendants) ; Peil v. Speiser, No. 82-1289 (E.D. Pa. 1985) (securitiesfraud class action, verdict for defendants after six-week trial, Court of Appeals affirmsbut adopts "fraud-on-the-market" rule for Third Circuit securities cases) ; Kum is v .Wetterau, No. 83-0362-(C3) (E .D. MO Dec. 1985) (securities fraud class action, casesettled in mid-trial) ; Upp v . Mellon , No. 91-5219 (E .D . Pa. 1992) (bench trial, court findsfor class of trust beneficiaries in suit against trustee bank and orders disgorgement offees; Third Circuit later reversed based on lack of jurisdiction) . The firm has thereputation and experience to take a case through verdict and appeal .

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PARTNERS

Boston Office

Glen DeValerioGlen DeValerio has prosecuted federal securities law violations, chiefly class andderivative actions, since the early 1970s . A 1969 graduate of the University of RhodeIsland, he received his law degree in 1973 from the Catholic University Law School andserved on the Catholic University Law Review's editorial board for two years . In 1973and 1974, he worked as a law clerk to the Honorable June L . Green, U.S . District Courtfor the District of Columbia. Mr. DeValerio was admitted to the bar of the District ofColumbia in 1974 and to the Massachusetts Bar in 1982 . He has tried cases and arguedbefore appellate and district courts in the District of Columbia, the District ofMassachusetts, Delaware, and elsewhere, earning favorable judicial comment for hiswork.

Mr. DeValerio frequently lectures on complex securities litigation issues at continuinglegal education seminars sponsored by groups like PLI, ALI-ABA, and the Boston BarAssociation . He served as the President of the National Association of Securities andCommercial Law Attorneys (NASCAT) from 1996 through 1998 .

Norman BermanSince the creation of the firm in 1982, Norman Berman has focused his activities

principally on the complex litigation of cases filed under the federal securities and

antitrust laws . Mr. Berman has acted as trial counsel in a number of successful cases,including In Re: ICN Securities Litigation, which was settled after trial for more than

$14.5 million in 1996 . The trial team's work prompted positive judicial comment .

Mr. Berman graduated from Boston University in 1970 and from Suffolk University LawSchool in 1974 . He was admitted to practice law in Massachusetts and Connecticut in1974 .

Peter A. PeaseMr. Pease has been litigating cases under the federal antitrust and securities laws andstate unfair trade practices laws for nearly 30 years . He received a B .A. from theUniversity of Denver in 1972, and a J .D. from Suffolk University Law School in 1976 .He is admitted to practice in Massachusetts, the U .S . District Courts of Massachusettsand the Eastern District of Michigan, and the U .S. Courts of Appeals for the First and

Third Circuits . His effective and successful advocacy has elicited favorable judicialcomment in courts throughout the nation .

For over 20 years Mr . Pease has written and lectured at various bar association CLEprograms, trade group annual meetings and the Sloan School of Management at M .I .T .He has served as an editor of the American Bar Association's Franchise Law Journal . His

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courtroom success and expertise have resulted in many appearances in the broadcast andprint media.

Mr. Pease has served the community in many ways . He is currently Chair of the Board ofDirectors of Bay Cove Human Services, Inc . and was a Director of the MassachusettsAlliance for the Mentally Ill. He was Chair of the Town of Upton Planning Board 1981-1985, and a Deacon of the First Parish Church in Lincoln .

Jeffrey C. BlockJeffrey C . Block graduated cum laude from the State University of New York at Albanyin 1983 and received his J .D. in 1986 from Brooklyn Law School, where he finished inthe top 10 percent of his class . He was admitted to the New York Bar in 1987 and is alsoadmitted to practice in Massachusetts . From 1987 to 1995, Mr. Block was associatedwith the New York law firm of Pomerantz Haudek Block Grossman & Gross,representing shareholders in securities class actions brought under the federal securitieslaws and in state court actions involving claims of breaches of fiduciary duties bycorporate directors .

A partner at Berman DeValerio since 1997, Mr . Block has been one of the firm's leadattorneys on a number of cases, including In Re: Prison Realty Sec . Litig . , one of the 10largest settlements in securities class-action history, and In Re: Digital Lightwave Sec .Liti ., in which the class received more than twice its certified losses after payment ofattorneys' fees . He has also represented institutional clients in class actions allegingsecurities fraud at Xerox and Bristol-Myers Squibb .

Kathleen M. Donovan-MaherKathleen Donovan-Maher became a partner at the firm's Boston office in 1999 andfocuses her work in Berman DeValerio's antitrust and securities practices . Ms. Donovan-Maher served as discovery captain in In Re: Nasdaq Antitrust Litigation and was amember of the trial team in In Re: ICN Securities Litigation, which settled for $14 .5million when the jury deadlocked after a 1996 trial . Ms. Donovan-Maher graduated fromSuffolk University in 1988, receiving a B .S . degree in Business Administration, magnacum laude, and earning an award for maintaining the highest grade point average amongstudents with concentrations in Finance . She graduated from Suffolk University LawSchool three years later after serving for two years on the Transnational Law Review.

Ms. Donovan-Maher was admitted to the Massachusetts Bar in 1991, the United StatesDistrict Court for the District of Massachusetts in 1992 and the United States Court ofAppeals for the First Circuit in 1995 . A frequent author on continuing legal educationissues, Ms. Donovan-Maher is a member of Phi Delta Phi ; Delta Mu Delta NationalHonor Society in Business Administration; and Omicron Delta Epsilon InternationalHonor Society of Economics .

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Michael G. LangeMichael G . Lange became a partner with the firm in 1999 . Until 1994, when he joinedBerman DeValerio, he was a member of the defense bar as an attorney with Testa,Hurwitz & Thibeault. Mr. Lange is a 1988 graduate of Swarthmore College, where hereceived his B .A. degree in Economics, magna cum laude . He graduated cum laude fromHarvard Law School in 1991 . He was admitted to the Massachusetts Bar in 1991 and theU.S. District Court for the District of Massachusetts in 1992 . He is also admitted in theU.S. District Court of Colorado and the 1s`, 3rd and 10th Circuit Courts of Appeal .

Mr. Lange has been involved in numerous class action cases on behalf of shareholders,insurance policyholders, and consumers . He was a member of the trial team in In Re :Biogen, Inc . Securities Litigation, the first securities class action tried in Massachusetts innearly a decade . He was a co-chair and featured speaker for the February 2001 ClassAction Litigation Summit in Washington , D.C., chair of the June 2001 MCLE Seminar"Class Action Practices in Massachusetts and Federal Court," and co-chair of the May2002 BBA Seminar "The Life Cycle of a Class Action." He has spoken at investorconferences and serves as co-chair of the Boston Bar Association Class ActionCommittee . He is currently Vice President of the National Association of Shareholderand Consumer Attorneys (NASCAT), as well as a member of the Executive Committee,and previously served as the head of the media committee for the organization. He haswritten extensively on class action issues for professional and popular publications andhas been quoted frequently in the national press .

Leslie R. SternLeslie R: Stem earned a B .S . degree in Finance from American University in 1991 andgraduated, cum laude, from Suffolk University Law School in 1995 . While at Suffolk,Ms. Stem served on the Suffolk University Law Review's editorial board and authoredthree publications . She was admitted to the Massachusetts Bar in 1995 .

Before joining the firm, Ms . Stem practiced general civil litigation. She becameassociated with Berman DeValerio in 1998 and was named partner in 2003 . Ms. Stemfocuses her practice on securities litigation .

Patrick T. EganPatrick T. Egan received a B .A. in Political Science, cum laude, from Providence College

in 1993 . In 1997, Mr. Egan graduated cum laude from Suffolk University Law School .

Mr. Egan served on the editorial board of the Suffolk University Law Review andauthored a Note entitled : "Virtual Community Standards: Should Obscenity LawRecognize the Contemporary Community Standard of Cyberspace," 30 Suffolk UniversityLaw Review 117 (1996) . Mr. Egan was admitted to the Massachusetts Bar in 1997, theConnecticut Bar in 1998 and the New York Bar in 1999 .

Mr. Egan came to the firm from the U .S . Department of Labor, where he served as anattorney advisor with the Office of Administrative Law Judges . He became associatedwith the firm in 1999 and was named partner effective January 1, 2006 .

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San Francisco Office

Joseph J. Tabacco, Jr.The managing partner of the firm's San Francisco office, Mr . Tabacco has activelylitigated antitrust, securities fraud, commercial high tech, and intellectual propertymatters since the 1970s. He is a member of the bar in California, where he began hislegal career, and is also a member in good standing of the bars of New York,Massachusetts, and the District of Columbia . Since entering private practice in the1980s, Mr. Tabacco has served as trial or lead counsel in numerous antitrust andsecurities cases and has been involved in all aspects of state and federal securities andantitrust litigation.

Until 1981, he served as senior trial attorney for the U .S . Department of Justice, AntitrustDivision, in both the Central District of California and the Southern District of NewYork. In that capacity, he had major responsibility for several criminal and civil mattersincluding the antitrust trial of the U.S. v. IBM. He is a former teaching fellow of theAttorney General's Advocacy Institute in Washington, D .C., and has served on thefaculty of ALI-ABA on programs about U .S.-Canadian business litigation and trial ofcomplex securities cases . Author of numerous articles on securities and antitrust lawissues, he is a member of the Advisory Board of the Institute for Consumer AntitrustStudies at Loyola University Chicago School of Law .

Christopher T. HeffelfingerChristopher T. Heffelfinger is a 1984 graduate of the University of San Francisco School of Law,where he was a member of the law review. He graduated from Claremont Men's College i n1977 with a B.A. in Economics . He has an AV rating from Martindale-Hubbell . He specializesin corporate, securities, derivative and antitrust litigation, and has acted as a principal attorney ina number of such cases . Prior to joining the firm, he was associated with the San Francisco firmof Gold & Bennett from 1990 to 1994, where he practiced securities and bankruptcy litigation .Before that, he practiced securities litigation and bankruptcy law for five years with a small firmin Marin County with an emphasis on Chapter 11 reorganizations, representing both debtors andcreditors . He has litigated securities cases involving real estate limited partnerships, themortgage banking and insurance industries, and companies engaged in the high-tech arena wherethe allegations involved both non-disclosed product problems and accounting fraud issues .

Mr. Heffelfinger has also lectured on discovery as a panelist in the Federal Court NorthernDistrict of California Practice Program . In addition, he served as a Captain (infantry) in the U .S.Marine Corps from 1990-1991, when he was recalled to active duty in support of OperationsDesert Shield/Storm.

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Nicole LavalleeNicole Lavallee is a 1989 graduate of the French Civil Law School at Universite deMontreal in Canada. In 1991, she was admitted to the Quebec Bar (currently inactive)and obtained her Common Law degree from Osgoode Hall Law School in Toronto . MsLavallee joined Berman DeValerio shortly after being admitted to the California Bar in1993 .

Ms. Lavallee focuses her practice primarily on securities and derivative litigation and hasbeen responsible for the prosecution of a number of the .Firm's high-profile securitiesfraud cases . Notably, she represented the pension funds of Colorado, Minnesota andUtah in a successful opt-out action against McKesson/HBOC brought in San FranciscoSuperior Court . Though the details of the settlement are confidential, these clientsobtained results that far exceed their pro-rata share of the corresponding class action . Ms.Lavallee was also the partner responsible for the day-to-day prosecution of a derivativeinsider trading action against Lawrence J . Ellison, the Chief Executive Officer of OracleCorporation, that resulted in changes to the company's insider trading policies . As part ofa 2005 settlement of this action, Mr. Ellison agreed to make $100 million in charitabledonations in Oracle's name and pay all attorneys' fees and . expenses .

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West Palm Beach Offic e

C. Oliver Burt, IIIC. Oliver Burt, a partner in the West Palm Beach office, launched his legal career with amajor Philadelphia law firm . In 1971, he began prosecuting white-collar criminal cases as anassistant U .S . attorney for the Eastern District of Pennsylvania and, two years later, wasappointed chief of the Civil Division of the United States Attorney's Office. He laterreturned to private practice in Philadelphia, focusing primarily on antitrust, unfaircompetition, and securities cases . He also briefly served as a special assistant U .S. attorney.

Mr. Burt has extensive litigation experience . He was trial co-counsel for plaintiffs in PeilvvSpeiser, and argued the appeal . In its landmark opinion in that case, the Third Circuitadopted the "fraud-on-the-market" presumption of reliance as the law of the Circuit . Mr.Burt also argued numerous appeals in class action cases in the Third, Eighth, an dEleventh Circuits and in the Delaware Supreme Court . He is a member of the Floridaand Pennsylvania Bars and is admitted to practice before the Supreme Court of theUnited States . Mr. Burt graduated from Swarthmore College in 1964 and from the LawSchool of the University of Pennsylvania in 1967 .

Michael J. PucilloMichael J . Pucillo is the managing partner of the firm's West Palm Beach office . Amember of the Florida Bar since 1978, he is admitted to practice before the United States

Court of Appeals for the Fifth and Eleventh Circuits, and the United States District

Courts for the Southern and Middle Districts of Florida and the District of Arizona .

He has been active in numerous class actions and shareholder derivative actionsthroughout the United States since 1989 . He acted as sole lead counsel in In Re: UCARInternational, Inc . Securities Litigation, Case No. 98-CV-0600-JBA (D. Conn.), an actionin which the Florida State Board of Administration was the lead plaintiff . That actionsettled in 2000 for a $40 million cash payment and the right to appoint a new member toUCAR's Board of Directors, one of the first times such significant corporate governancerelief was achieved as part of a securities class action .

A graduate of Williams College (1975) and Georgetown University Law School (1978),Mr. Pucillo worked as law clerk to two federal judges before serving as an enforcementattorney with the U.S. Securities and Exchange Commission in Washington . Mr. Pucillohas lectured frequently on class actions and litigation . In 1994, he became a member ofthe faculty of the College of Advanced Judicial Studies ("AJS"), where he taugh t"Managing the Complex Civil Case" to Florida circuit court judges in 1994 and in 1996 .He taught again at the 2002 AJS . A member of the Academy of Florida Trial Lawyers,he has lectured for the Academy on class actions and on recent developments in

commercial and business tort litigation . He served as president of the Gold CoastChapter of the Federal Bar Association during 1989-1990, and served from 1994 to 1997as chairman of the Palm Beach County Bar Association Federal Court Practice

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Committee . He also appeared on the PBS Nightly Business Report on issues relating toinvestor fraud .

Wendy H. ZobermanWendy Zoberman is admitted to practice before the United States District Court for theMiddle and Southern Districts of Florida, as well as all Florida State Courts . Ms.Zoberman is a 1981 graduate of Wellesley College, where she was a Durant Scholar, andwas elected to the Phi Beta Kappa Society . She received her law degree from ColumbiaUniversity in 1984. At Columbia she served as an Articles Editor of the ColumbiaUniversity - Volunteer Lawyers for the Arts Journal of Art and the Law and is a co-author of "An Introduction to the New York Artists' Authorship Rights Act," appearingat Vol . 8, No. 3 Columbia - VLA Journal of Art and the Law 369 .

Ms. Zoberman has practiced law in Flo rida since 1984, o riginally concentrating on FirstAmendment litigation and commercial litigation . Since 1990, Ms. Zoberman hasprosecuted numerous secu rities class actions and shareholder derivative actions boththroughout Flo rida and in other jurisdictions , including In Re : John Alden FinancialCorp . Securities Liti ag tion , Ehrenreich, et al . v . Sensormatic Electronics Corp . and In Re :Brothers Gourmet Coffees, Inc. Securities Liti ag tion . She was also instrumental in theprosecution of In Re : UCAR International , Inc . Securities Litigation .

R. Scott PalmerScott Palmer, a graduate of the University of Michigan and a 1976 honors graduate of theUniversity of Miami School of Law, began his career as an assistant state attorney in

Orlando, Florida. From 1976 to 1979, he served as a misdemeanor and felony trial

attorney as well as a legal advisor to the Organized Crime Strike Force. In 1980, Mr .

Palmer was appointed chief field counsel for the Florida Department of Law Enforcement

and later became director of executive investigations, responsible for the security of

Florida's governor and internal affairs at the Department of Law Enforcement . In 1982,

then-Gov. Bob Graham appointed him chief prosecutor of the Statewide Grand Jury, a

post he held until 1986 . After two years in private practice, Mr . Palmer was appointed an

assistant attorney general for the Antitrust Section of the Economics Crimes Litigation

Unit, handling all major antitrust litigation for Florida, including trials .

Mr. Palmer has continued to represent . Florida since joining Berman DeValerio's WestPalm Beach office in 1997 . He is a member of the Florida Bar and the bars of theEleventh Circuit Court of Appeals, Northern, Middle, and Southern Districts of Florida .A certified Circuit Court mediator, he has authored a law review article on statewideprosecution and a chapter on unfair trade practices in Matthew Bender's "Florida Formsof Jury Instruction." In addition, Mr . Palmer has taught litigation skills at the FloridaState University College of Law and has studied antitrust law under Philip Areeda atHarvard Law School .

1 7



Manuel J . DominguezManuel Dominguez graduated with honors from the Florida State University Law Schoolin 1995 and was a member of the Transnational Journal of Law and Policy . He receivedhis undergraduate degree from Florida International University in 1991 . Mr. Dominguezis admitted to practice law in the State of Florida as well as the United States DistrictCourts for the Northern, Middle, and Southern Districts of Florida .

Mr. Dominguez served as an assistant attorney general with the State of Florida from

1995 to 1997 in the Department of Economic Crimes . He participated in the prosecutionand investigation of corporations and business entities for violations of Florida's RICO

statute, Florida's antitrust statute and Florida's Unfair and Deceptive Trade Practices Act .In private practice from 1997 through 2000 Mr. Dominguez litigated and tried casesinvolving Florida's Unfair and Deceptive Trade Practices Act, the Florida ConsumerCollection Practices Act, Federal Debt Collection Practices Act, and Truth In Lending .Mr. Dominguez was named a partner at Berman DeValerio Pease Tabacco Burt & Pucilloeffective January 1, 2006 .

ASSOCIATES

Boston Office

John A. Dziamb aJohn A. Dziamba is a graduate of Southern Connecticut State University and theUniversity of Connecticut School of Law, where he authored : "The Free Press Fair TrialControversy", 2 Connecticut Law Review 351 .

Mr. Dziamba contributes experience in business, government and large class actionlitigation . He was lead counsel in successful argument before the US Supreme Court inVlandis v . Kline, 412 U.S. 443 (1973), which invalidated tuition residency laws inConnecticut and set the standard for in-state tuition residency nationwide . He has alsobeen counsel on a number of class action cases in the areas of investment, consumer andcivil rights . He is admitted to practice in Massachusetts and Connecticut .

Mr. Dziamba has been a partner with the Boston firms of Gray & Wendell and Warner &Stackpole . He served as interim general counsel of Teradyne, Inc . and as general counselof Gammatel, Inc., an international telecommunications company . Mr. Dziamba wasChief Regional Attorney for the Office of Civil Rights of the U.S. Department ofEducation. He has also served as an arbitrator for the American Arbitration Associationand a mediator for the U.S. District Court in Boston.

Mr. Dziamba is an Adjunct Professor at Boston University . He was also an AdjunctProfessor at Albertus Magnus College and on the Faculty Trial Practice Seminar of theConnecticut Bar Association, and on the faculty of the national Legal ServicesCorporation .

1 8


Mr. Dziamba joined Berman DeValerio in 2005 and focuses his practice on securitieslitigation .

Audley FullerAudley Fuller received his law degree from Boston College Law School in 1985 and adouble degree in English and Mass Communications, cum laude, from the University ofHartford in 1981 . Mr. Fuller was admitted to practice in Massachusetts in 1985, the U .S .District Court for the District of Massachusetts in 1987, and the U.S. Supreme Court in2000.

Mr. Fuller began his legal career as an assistant district attorney for Middlesex County,Massachusetts . Later, he worked as an associate with Fitzhugh & Associates, a Bostoninsurance defense firm .

Allison K. JonesAllison K. Jones graduated, magna cum laude, from Suffolk University Law School in2002, where she was executive editor of the Suffolk University Law Review 2001-2002and a recipient of the Rehnquist Award for Excellence in Professional Responsibility in2002. Her published articles include New Property in a New Age of Federalism : theFight over Intellectual Property Protection (Suffolk University Law Review, 2002) andTrade Secret Litigation (Intellectual Property Conference, 2001) . She earned a Master ofArts in History from the University of Florida at Gainesville in 1999 and a Bachelor ofArts from Florida State University in 1988 .

Ms. Jones was admitted to the Massachusetts Bar in 2002 and also is admitted to practicebefore the U.S. District Court for the District of Massachusetts and the U .S. Court ofAppeals for the First Circuit . Prior to becoming an associate at Berman DeValerio, shewas a litigation associate at Greenberg Traurig, LLP, in Boston. She focuses her practiceon securities litigation .

Richard F. Malloy, Jr.Richard F. Malloy, Jr . graduated from the University of North Texas in 1991 with a B.A .in philosophy and religion studies and a minor in music performance . Mr. Malloyreceived a J.D. from Suffolk University Law School in 1994, where he received theAward for Outstanding Oral Advocacy in the first-year mock trial competition . Whilestudying at Suffolk Law, Mr. Malloy worked as an advocate at the New England Centerfor Homeless Veterans and clerked at Adelson Golden & Loria PC, where he assisted inthe firm's bankruptcy and real estate practices .

After being admitted to the Massachusetts Bar in 1994, Mr . Malloy worked as aconsultant for Tufts and Harvard Universities, where he coordinated the reaccreditationsof both universities' medical schools . Mr. Malloy joined Berman DeValerio PeaseTabacco Burt & Pucillo as an associate in 2005 .

1 9


Joseph C. MerschmanJoseph C. Merschman earned a BBA in Accounting in 1998 from the University of Iowa.In 2001, Mr . Merschman graduated from the University of Connecticut School of Law,where he was articles editor for the Connecticut Law Review . Mr. Merschman wasadmitted to the Massachusetts and Connecticut Bars in 2002 .

Prior to joining Berman DeValerio in 2003, Mr . Merschman was a law clerk for theHonorable Judge Richard Roberts in the U .S. District Court for the District of Columbia .Mr. Merschman is also a former law clerk of Connecticut Supreme Court JusticeChristine Vertefeuille and a summer/fall associate at the law firm of Rogin, Nassau,Caplan, Lassman & Hirtle, LLC.

Julie A. RichmondJulie A. Richmond graduated magna cum laude from Tufts University in 1995 with aB .A. in Economics. In 1998, Ms . Richmond received her J .D. from the AmericanUniversity Washington College of Law, summa cum laude, where she served as anArticles Editor on the American University Law Review . Ms. Richmond has been amember of the Massachusetts Bar since 1998 and was admitted to practice before theU.S. District Court for the District of Massachusetts in 1999 .

Prior to joining Berman DeValerio Pease Tabacco Burt & Pucillo, Ms . Richmondpracticed securities litigation and corporate law at Goodwin Procter LLP . She focusesher activities in the firm 's securities litigation practice .

Abigail R. RomeoAbigail R . Romeo received her undergraduate degree in Government from SkidmoreCollege in 2000, graduating summa cum laude. In 2003, Ms . Romeo earned a J .D.,magna cum laude, from Pepperdine University School of Law, where she received theWitkin Award for Academic Excellence in Contracts I, Torts II, and Evidence . Ms.Romeo was also editor of the Pepperdine Law Review . She was admitted to theMassachusetts State Bar in 2003 .

Prior to joining Berman DeValerio in 2005 , Ms. Romeo worked as a litigation associatewith Palmer & Dodge LLP in Boston and as a legal inte rn with the U.S. Department ofJustice , Executive Office for Immigration Review . Ms. Romeo focuses her practice onsecurities litigation .

Jonathan SimpsonJonathan Simpson graduated cum laude from Harvard University in 1999 with an A .B. inEnvironmental Science and Public Policy. He received his J .D . in 2004 from New YorkUniversity School of Law, earning honors on the Casebook Division of the Moot CourtBoard. Prior to attending law school, Mr . Simpson worked as an account coordinator atCandelori Communications and as a research assistant at the Public Policy Institute ofCalifornia. During the summer of 2003, Mr. Simpson worked as a summer associate forMintz, Levin, Cohn, Ferris, Glovsky, and Popeo PC, where he was later hired as a n

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BOSTON • SAN FRANCISCO - WEST PALM BEAC HTEL : 800 516-9926 • E-MAIL : LAW@BERMANESQ .COM • URL : WWW .BERMANESQ .COM

associate in the fall of 2004. As an associate, Mr. Simpson practiced in the IntellectualProperty litigation section, where he managed .discovery for complex patent litigationinvolving software and computer technology . He also served on the Firm AssociateCommittee . He was admitted to the Massachusetts Bar in 2004 .

Mr. Simpson joined Berman DeValerio Pease Tabacco Burt & Pucillo as an associate in2006 and focuses his practice on securities litigation .

Autumn SmithAutumn Smith graduated cum laude in 2000 from Wellesley College with a Bachelor ofArts in Political Science and Peace and Justice Studies, earning honors in PoliticalScience and the Eleanor Scheff Kaplan Fund grant for Jewish Studies . She received herJ.D. in 2003 from Boston University School of Law. During law school, Ms. Smithserved as a research assistant, participated in the Stone Moot Court and the J . BraxtonCraven Constitutional Law Moot Court, and volunteered for the Mental Health LegalAdvisors Committee. After graduating from law school, Ms . Smith worked as a law clerkfor Chief Justice Frank J . Williams, Rhode Island Supreme Court, before joining Rubinand Rudman, LLP as a litigation associate in 2004 . There, she worked on a range ofcomplex commercial litigation cases, including securities and environmental matters .Ms. Smith is admitted to the Massachusetts and New York Bars .

Ms. Smith joined Berman DeValerio Pease Tabacco Burt & Pucillo as an associate in2006 and focuses her practice on securities litigation .

Nicole R. StarrNicole R. Starr earned a B .A., magna cum laude, in Political Science and a minor inSpanish in 1999 from Providence College . In 2002 , Ms. Starr graduated, summa cumlaude , from Suffolk University Law School , where she served as an Associate ProductionEditor for the Suffolk University Law Review and authored an art icle entitled : "TheCurtailment of the Doctrine of Equivalents : Courts Emphasize the Public Notice Functionof Patent Claims ," 35 Suffolk U.L. Rev. 323 (2001) . While at law school , Ms. Starrreceived the Best Brief and Best Oral Advocate Award in the First Year Legal PracticeSkills Program and the Jurisprudence Award for Civil Procedure and Commercial Paper .In 2001 , Ms. Starr was a summer associate at the Boston firm of Mintz , Levin, Cohn,Ferri s , Glovsky and Popeo, P.C., where she researched and prepared memoranda on avariety of legal matters , including litigation , corporate, real estate , and trusts and estatesissues . Ms. Starr was admitted to the Massachusetts Bar in 2002 .

Ms. Starr joined Berman DeValerio Pease Tabacco Burt & Pucillo in 2002 and focusesher practice on securities litigation .

Patrick F. WelchPatrick F. Welch earned a Bachelor of Arts in International Relations and Economics in1999 from Connecticut College and a J .D. in 2005 from New England School of Law,where he was named to the Dean's List for four semesters . Mr. Welch also was awarded

21


the CALI Excellence Award (Corruption in International Business Transactions), a PLIScholarship for the 36th Annual Institute on Securities Regulations, and an ABAScholarship for the 18th Annual National Institute on White Collar Crime . In addition, hecontributed to the 2005 ALI/ABA Securities Litigation Program and served as AssociateEditor for the New England Journal of International and Comparative Law. While in lawschool, Mr . Welch interned for the United States Attorney's Office, Criminal Division,the United States Securities and Exchange Commission, Division of Enforcement, andfor the Honorable Michael C. Lauranzano, Massachusetts District Court Judge . He wasadmitted to the Massachusetts Bar in 2005.

Mr. Welch joined Berman DeValerio Pease Tabacco Burt & Pucillo in 2005 as a lawclerk and became an associate later in the year. He focuses his practice on securitieslitigation .

Bryan A. WoodBryan A. Wood graduated, cum laude, from the University of Massachusetts in 1991 witha B.A. in Sociology . In 1995, he earned an M.S., summa cum laude, in Public Policyfrom the Eagleton Institute of Politics at Rutgers University and graduated, cum laude,from the Temple University School of Law in 1998 . While at law school, Mr . Wood wasthe Managing Editor of the Temple Law Review and a board member of the Temple LawMoot Court Honor Society . Mr. Wood was admitted to the Pennsylvania bar in 1998 andthe Massachusetts bar in 2001 . In addition, Mr . Wood completed a one-year internshipfor the Honorable Edward R. Becker, then Chief Judge for the U .S. Court of Appeals forthe Third, Circuit . He was also admitted to the U.S . District Court for the Districts ofPennsylvania (in 1998), Massachusetts (in 2001) and Colorado (in 2004), as well as theU.S. Circuit Court of Appeals for the First Circuit (in 2003) . Mr. Wood is a member ofthe Boston and American bar associations .

Prior to joining Berman DeValerio Pease Tabacco Burt & Pucillo in 2003, Mr . Wood wasa litigation associate at both Montgomery McCracken Walker & Rhoads in Philadelphia,

and Schnader Harrison Goldstein & Manello in Boston, where he represente dcorporations and directors in shareholder and other class action lawsuits as well asbusinesses and municipalities in general contract and employment discrimination cases .Mr. Wood focuses his activities in the Firm's securities litigation practice .

San Francisco Office

Julie J. BaiJulie J . Bai earned a B .S. in Economics and a minor in Japanese in'1995 from theUniversity of Pennsylvania, Wharton School of Business . In 2003, Ms. Bai received herJ.D. from the University of California, Davis, School of Law . While in law school, Ms .Bai worked on family law matters with low-income victims of domestic violence at theFamily Protection Clinic in Woodland, California. Ms. Bai was admitted to theCalifornia Bar in 2003 . She is a member of the American Bar Association .

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BOSTON • SAN FRANCISCO • WEST PALM BEAC HTEL : 800 516 - 9926 • E-MAIL : LAWLBERMANESQ .COM • URL : WWW .BERMANESQ .COM

Ms. Bai is also a Certified Public Accountant and has worked as a business assuranceassociate and senior tax accountant at two major public accounting firms . Ms. Bai joinedBerman DeValerio as an associate in 2004 .

Lesley Ann HaleLesley Ann Hale graduated cum laude with a Bachelor of Arts in Government fromHarvard College in 1993, where she was named to the Dean's List (1991-1992) andreceived the Harvard College Scholarship of Academic Achievement and,the ElizabethC. Agassiz Merit Award for Academic Achievement . In 1998, Ms. Hale received herJ.D. from Georgetown University Law Center. While studying at Georgetown, Ms. Haleworked as an assistant to a Partner at Russell & Russell P.C., drafting pleadings andconducting legal research, and also represented domestic violence victims in the Districtof Columbia Superior Court . Ms. Hale was admitted to the Massachusetts State Bar in1998 and the California State Bar in 2005 .

Following her admittance to the Massachusetts Bar in 1998, Ms . Hale served as SpecialAssistant to the United States Attorney, where she conducted misdemeanor bench trialsbefore the District Columbia Superior Court, and as a Trial Attorney in the CriminalEnforcement Section of the U.S . Department of Justice Tax Division . Most recently, Ms .Hale has served as a Senior Motions Attorney for the 9`h Circuit U.S. Court of Appeals inSan Francisco, where she worked on a class-action `discriminatory pay and promotionpolicy' lawsuit in Dukes v. Walmart, and a preliminary injunction appeal challenging thegovernment's "stop-loss" policy, which would facilitate the unwelcome deployment of anArmy National Guard soldier, in John Doe v. Rumsfeld. She joined Berman DeValerioPease Tabacco Burt & Pucillo in 2005 .

Matthew D. PearsonMatthew D. Pearson is a 1999 graduate of the University of California, Los Angeles,where he earned a B .A. in political science . Mr. Pearson received his J .D. from theUniversity of California, Davis, King Hall School of Law in 2004 . While in law school,Mr. Pearson completed the King Hall Public Service Law Program and worked as a legalintern. assigned to a felony trial team at the Sacramento County District Attorney'sOffice .

Mr. Pearson is a member of the California Bar and joined Berman DeValerio PeaseTabacco Burt & Pucillo as an associate in 2005.

James C. MagidJames C. Magid earned a Bachelor's degree, with honors, from the University ofCalifornia at Berkeley in 2000, majoring in Political Economy of Industrial Societies . In

2004, Mr. Magid received his J .D. from the University of California, Hastings College ofthe Law. While at Hastings, he earned a number of honors, including the William J .Riegger Memorial Student Prize, for outstanding work in international law, and the Classof 1969 Scholarship, for demonstration of leadership in community service . Mr. Magid

23



also participated in the Spring 2003 Jessup International Law Moot Court Competitionand was Notes Editor for the Hastings' Constitution Law Quarterly, 2003-2004 . He wasadmitted to the California Bar in 2004 and began work as a Staff Attorney for the U .S.Court of Appeals for the Ninth Circuit . He became associated with the California officeof Berman DeValerio in 2005 .

Todd A. SeaverTodd A . Seaver graduated magna cum laude from Boston University in 1994 with a B.A .in International Relations . He earned a M.Sc . from the London School of Economics in1995 and graduated cum laude from the American University Washington College ofLaw in 1999 . While in law school , Mr. Seaver worked as a law clerk at the FederalTrade Commission 's Bureau of Competition, as a judicial extern for the HonorableRicardo M . Urbina of the U.S. District Court for the District of Columbia, and as a lawclerk in the antitrust practice group in the law firm Morg an, Lewis & Bockius .

Mr. Seaver was admitted to the New Hampshire Bar in 1999 and to the MassachusettsBar in 2000, and is a member of the American Bar Association's Antitrust Section. Mr.Seaver joined the firm in 2000 and focuses his practice on both antitrust litigation andsecurities litigation .

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BOSTON • SAN FRANCISCO • WEST PALM BEAC HTEL : 800 516-9926 • E-MAIL : LAW@BERMANESQ .COM URL : WWW .BERMANESQ .COM

West Palm Beach Offic e

Kyle G. DeValerioKyle G: DeValerio graduated from Colby College in 1999 with a Bachelor of Arts inGovernment . While in college, he spent a year studying European politics and theEnglish legal System at the London School of Economics and Political Science . Hereceived his J .D. in 2004 from the Suffolk University School of Law . During law school ,Mr. DeValerio participated in the Irving R. Kaufman Memorial Securities Law MootCourt Competition. Prior to joining the firm as an associate, Mr . DeValerio worked as alegal intern in the Civil Division of the United States Attorney's Office in Boston . Mr .DeValerio is admitted to the Massachusetts and Florida Bars .

Mr. DeValerio joined Berman DeValerio Pease Tabacco Burt & Pucillo as an associate in2004 and focuses his practice on securities litigation .

Jay W. EngJay W. Eng graduated from Florida State University in 1994 with a B .S. in Economics .In 1998, he graduated from Tulane Law School with a J.D. and certificate ofspecialization in maritime law . He was awarded the book award for the top grade inContracts II - the Uniform Commercial Code . He also served as a Notes and CommentsEditor to the Tulane Maritime Law Journal and authored a note entitled, "The`Something More' Requirement under Section 5(b) of the Longshore Act : Singleton v .Guangzhou Ocean Shipping Co .," 21 Tul . M. L.J. 205 (1996). Jay is a member of theFlorida Bar, the Southern District of Florida, Middle District of Florida, Northern Districtof Florida, and the Eleventh Circuit Court of Appeals .

Prior to joining the firm, Jay was a commercial litigation associate at a major Florida lawfirm. He also served a judicial law clerk to Magistrate Judge Ann E . Vitunac, UnitedStates District Court for the Southern District of Florida, and as a trial court law clerk tothe Fifteenth Judicial Circuit Court in and for the State of Florida .

Marc J. GreensponMarc J . Greenspon graduated from the State University of New York at Buffalo in 1999with a B .A in Political Science and received a J.D. from Nova Southeastern University in2002. Mr. Greenspon authored an article entitled, Securities Arbitration : Bankrupt,Bothered & Bewildered, 7 STAN . J.L. Bus.& FIN.131(2002) . He was admitted to theFlorida Bar in 2002 . In 2003, he received an LL .M. in Securities & Financial Regulationat Georgetown University Law Center . He joined Berman DeValerio that same year .

25


Of CounselAnne F. O'BerryAnne F . O'Berry, of counsel to the firm, was admitted to the New York bar in 1987 andthe Florida Bar in 1995 . She obtained her B .A., summa cum laude and Phi Beta Kappa,from the University of Pennsylvania in 1983 . She received her J .D. in 1986 from NewYork University School of Law, where she was an articles editor on the Annual Survey ofAmerican Law and authored an article entitled, "Prisoners' Rights : Judicial Deference toPrison Administrators," 1985 Ann. Surv. Am. Law. 325 .

Upon graduating from law school , Ms. O'Berry served as a law clerk for the HonorableDickinson R . Debevoise , United States District Court for the District of New Jersey . Shethen served as a research and teaching associate for the Honorable A . LeonHigginbotham, Jr., of the United States Court of Appeals for the Third Circuit, and laterco-authored, with Judge Higginbotham , a law review art icle entitled , "`The Law Only AsAn Enemy ' : The Legitimization of Racial Powerlessness Through The Colonial andAntebellum Criminal Laws of Virginia ," 70 N. C. L. Rev. 969 (1992) .

From 1988 to 1991, Ms . O'Berry was as a commercial litigation associate with a majorNew York law firm. From 1991 to 1996, she was a staff attorney for a federally fundedagency in Tallahassee, Florida, where she represented death row inmates in state andfederal post-conviction proceedings . From 1996 to 1997, she served as co-director of anagency representing battered women seeking executive clemency. She then taught as anadjunct professor at St . Thomas University Law School in Miami, Florida, and from 1997until she joined the firm in 2000, she was a central staff attorney at the Fourth DistrictCourt of Appeal in West Palm Beach, Florida.

26



OTHER KEY PERSONNEL .

Christopher A . Szechenyi, Director of Investigation sChristopher A. Szechenyi is the Firm's director of investigations . Prior to joining thefirm, he worked for 60 Minutes as a Paris-based producer, investigating stories all overthe world for correspondent Mike Wallace . He also has conducted investigations forDateline NBC, A&E, and the Discovery Channel and he has contributed stories to theNew Yorker magazine and the Boston Globe . During his 25 years in journalism, hereceived more than two-dozen journalism awards, including two regional Emmys andnational recognition from Investigative Reporters and Editors . Among other things, hehas exposed a pattern of deadly safety violations on a giant construction project,uncovered design flaws in defibrillators and, most recently, interviewed Osama BinLaden's half-brother. He earned a B .A. in journalism from Lehigh University in 1975 .Mr. Szechenyi is an adjunct professor of journalism at Emerson College in Boston .

Jeannine M. Scarsciotti , Chief ParalegalJeannine M. Scarsciotti is Berman DeValerio's senior paralegal and, as such, coordinatesportfolio monitoring and loss calculation for institutional clients . Ms. Scarsciotti joinedthe Firm as a paralegal in 1995. Ms. Scarsciotti attended Bentley College, where shegraduated, summa cum laude, in 1995. She earned a B .S . in Professional Studies and anABA-Accredited Certificate of Paralegal Studies .

Robert I. Francis , Forensic Accountan tRobert I . Francis graduated from Bentley College with a Bachelor of Science inAccountancy an d received a Masters in Business Administration from NortheasternUniversity . Mr. Francis is a Certified Public Accountant . He is a member of theAmerican Institute of Certified Public Account an ts , the Massachusetts Society of CPAs,and the East Coast Committee of the National Investment Company Service Association(NICSA) .

Mr. Francis has an extensive accounting background . He has worked as an audit seniormanager specializing in financial services at KPMG Peat Marwick andPricewaterhouseCoopers LLP, and served as vice president for Global AccountingPolicy/External Reporting for State Street Corporation. Mr. Francis also has experienceas an independent consultant, providing accounting support services related tocompliance requirements of the Sarbanes-Oxley Act of 2002 .

Van C. Khang , Forensic Accountan tVan C . Khang graduated from the University of Massachusetts in 1998 with a B .S inAccounting and Finance . In 1993, Ms . Khang also earned a B.S. in Molecular Biologyfrom the University of Connecticut . Ms. Khang is a Certified Public Accountant inMassachusetts . She has worked as a Manager of Global Investigations and DisputeAdvisory for the accounting firm of Ernst & Young . Prior to holding that position, Ms .Khang was a senior consultant and staff auditor for the firm .

27



OFFICES

MASSACHUSETTSOne Liberty SquareBoston, MA 02109

Phone: (617) 542-8300Fax: (617) 542-1194

FLORIDA222 Lakeview Ave ., Suite 900West Palm Beach , FL 3340 1

Phone : (561) 835-9400Fax : (561) 835-0322

CALIFORNIA425 California Street, Suite 2100

San Francisco, CA 94104Phone: (415) 433-3200

Fax : (415) 433-638 2

## #

28


EXHIBIT D

1BENESC HFriedlander Coplan & Aronoff LLP

Attorneys at Law

About Our FirmBenesch is a business law firm with multiple offices . The firm's subsidiary, Benesch Pacific LLC, alsooperates a representative office in Shanghai, China . Benesch is dedicated to building a deepunderstanding of its clients, their businesses, and their industries . We develop client-focused teams toensure first class legal service, view business issues from our clients perspective, and assist in .discovering the best legal services to address our clients' needs, drawing upon the strengths of diverse,knowledgeable and experienced lawyers . The firm services national and international clients that

include public and private, middle market, and emerging companies as well as private equity funds,entrepreneurs, non-profit organizations, trusts and estates . Benesch is an honored fourth timerecipient of the NorthCoast 99 Best Places to work award .

Our practice areas include Business Reorganization; Compensation and Benefits ; Corporate andSecurities ; Environmental ; Estate Planning and Probate; Intellectual Property ; Healthcare ; Labor andEmployment; Litigation; Public Law; Real Estate and Tax. Some of the industries the firmconcentrates in include Banking ; Healthcare ; China ; Polymer, Plastics & Packaging ; Automotive,Transportation and Logistics ; and Franchising .

Our Operating Principle s

Our firm is committed to providing the most effective and innovative legal and related advisoryservices to our clients . We focus on serving dynamic middle market and emerging growth companiesand selectively providing specialty services nationwide . To best meet our obligations to help ourclients, each other, and ultimately the firm succeed, we work in a collegial environment.

Our attorneys value their relationships with clients . It is important that we are counselors, advocates,and partners in all aspects of a transaction or litigation issue . We are proud of our client relationshipsand work hard to maintain these personal and professional relationships .

Benesch , Friedlander, Executive Committe eCoplan & Aronoff Facts

James M. Hill, ChairNumber of Attorneys: 122 George N . Aronoff, Ex-

Total Employees: 263 Officio

Steven M. Auvi lFirm Management John H. Banks, Ex-Officio

James M. Hill, Managing Partner N. Victor Goodman, Ex-

John H. Banks, Chief OperatingOfficio

Officer/Chief Financial Officer Ira C. Kaplan

C. David Paragas , Columbus David W. Mellott

Partner-in-Charge C . David Paragas

Alan E. Schabes

Ronald J . Teplitzky

CBENESC HFriedlander Coplan &Aronoff LLP

Attorneys at La w

Client Service

Benesch is committed to building relationships with its clients . This is accomplished through on-goingcommunication and frequent visits . The Firm maintains that partnering with its clients , learning abouttheir businesses and operations , anticipating their legal needs and providing solutions , will ensure long-term relationships . We believe the foundation of a strong , lasting relationship with our clients startswith mutual understanding of goals and strategies . The firm has established a formal key clientassessment program . This includes visits by the firm's Managing Partner and Client Services Director todiscuss the service provided by the team and client goals . Benesch also develops "client teams" tounderstand fully the needs , goals and strategies of, and deliver services to, our clients . These focusedteams strive to see the world from our clients ' perspective and to find the best solutions to address theirneeds .

Benesch approaches each case or matter with a unique knowledge and insight acquired from years ofexperience, and an appreciation and understanding of the client and their legal needs . We recognizethat clients must be kept up-to-date concerning actions and activities on their behalf and ensures thatclients are informed of the on-going legal process through periodic meetings or discussions. We arecommitted to implementing clients' guidelines and meeting their objectives .

Benesch believes that a primary responsibility in legal representation is to keep clients informed of

developments in the law to prevent litigation and exposure . Therefore, we alert our clients to thoseactions and activities that can reduce or prevent their exposure in claims, as well as provide educationalopportunities through seminars and workshops . By constantly monitoring the trends in the industry,Benesch is able to provide clients with the latest information, law and technology to successfully dealwith emerging trends .

Benesch understands the need to provide legal services as efficiently as possible and to avoid surprises oninvoices . We provide our clients with the highest quality legal services, with staffing and costsappropriate to the task at hand in terms of seniority and expertise .

-2-

Diversity StatementBenesch values and promotes the diversity of its attorneys and staff . Dedication to diversity helps thefirm to attract and retain talented employees, enhances its relationships with current clients, andexpands the firm's market share . The firm is committed to realizing and maintaining an environmentthat welcomes and embraces diversity, including race, ethnicity, gender, sexual orientation, age, physicalability, and religious beliefs . In support of the firm's commitment, the Executive Committee hasestablished a Diversity Initiative Committee and endorses the key values developed by the Committee .These key values are designed to promote an environment in which differences are respected, employeesare treated fairly, and individual skills and talents are valued . The firm's diversity efforts are focused inthe following areas :

1) Education: Increase awareness and appreciation of the unique attributes that each individualbrings to our firm

2) Recruitment : Communicate the firm's commitment to hiring a diverse workforc e

3) Retention: Foster an environment that allows all individuals to excel and advance in theirprofession

DIVERSITY INITIATIVE COMMITTEE

Ira Kaplan, Co-Chair

(216) 363-4567ikaplan@bfca .com

Ann Knuth(216) 363-4168aknuth@bfca .com

Kevin Margolis

(216) 363-4161kmargolis@bfca .com

James Ervin(614) 223-9325j ervin@b I'ca .comm

DIVERSITY OVERVIEW

William Shin, Co-Chair(216)363-4150 [email protected]

Jeanne Hammerstrom(216) 363-4180jhammerstrom @bfca.corn

John Stock

(614) 223-9345

jstock@bfca .com

Benesch is proud of its commitment to diversity and the successes that commitment has generated, both

historically and today .

■ Beginning in 1966, Robert Coplan, one of Benesch's name partners helped start Cleveland

Scholarship Programs ("CSP"). CSP is a non - profit organization that provides educationa l

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opportunities and supports workforce development for Greater Cleveland through a broad rangeof financial aid and advisory programs . The firm still remains a very active supporter of CSP .

■ Benesch was one of the first law firms in Cleveland to do inner-city high school recruiting foradministrative staff.

■ Going back to 1986, Benesch was the first major Cleveland firm to name a woman to itsExecutive Committee . Today, women and minorities occupy important strategic positions at alllevels of the firm.

■ Currently, female partners serve as the chairs of two Practice Groups, and another serves as theChair of the Firm's Polymer Industry Group . The Firm's Professional Development Committee,charged with nurturing and monitoring the professional growth of associates, is also chaired by afemale partner.

■ Minority representation at the highest level is also a source of great pride within the firm. ThePartner in Charge of our Columbus office, also a member of the firm's Executive Committee, isAsian-American, as is the co-chair of our Diversity Initiative Committee .

■ Benesch partners have served as active board and executive committee members of the NationalConference for Community and Justice ("NCCJ") for two decades . The firm supports NCCJ'smission of fighting bias, bigotry, and racism, and promoting diversity and acceptance .

■ A former African-American partner at the firm was recently appointed by President Bush to theNational Labor Relations Board .

Benesch is involved in many diversity programs and initiatives in both Cleveland and Columbus,

including:

■ Cleveland and Columbus Bar Association Minority Programs

■ National Conference for Community and Justice

■ Athena Awards - International organization that recognizes women and men for helping womenreach their full leadership potentia l

■ Minority Corporate Counsel Association

■ National Association of Women Business Owners (NAWBO)

■ e-Women Network

■ Anti-Defamation League

■ YWCA

■ Human Rights Campaign Northeast Ohio

Recruitment :

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■ Benesch has participated in the Midwest Minority Recruiting Conference for the past threeyears .

■ Benesch has hosted receptions for first year minority law students attending schools in thenortheast Ohio area .

■ Benesch participates in the Cleveland and Columbus Bar Association Minority ClerkshipPrograms. David Paragas, the Partner in Charge of our Columbus office, was a member of theExecutive Council that created this program in Columbus .

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Practice and Industry Group s

BUSINESS REORGANIZATIO NAdvise and represent banks and borrowers in troubled debt restructurings and chapter 11reorganizations ; creditors' committees in chapter 11 reorganizations ; investors in or acquirers ofdistressed businesses and ventures in or outside of bankruptcy proceedings ; trustees for operatingbankruptcy estates; equity security holder committees ; hedge funds; and private equity firms invarious distress, debt or asset applications .

CHINA

Help U.S. companies : ( 1) establish China-related strategic alliances and joint ventures formanufacturing and distribution ; (2) establish wholly owned manufacturing or other businessoperations in China; (3) acquire the shares or assets of China-based companies ; (4) deal withgovernmental and operationally-related legal issues in China; (5) source components orproducts from China, and deal with related logistics issues ; and (6) develop U.S.-based solutionsto competition from China .

COMPENSATION AND BENEFITS/ERISACounsel on executive compensation arrangements and employee benefit plans, including

qualified pension, profit-sharing, and 401(k) plans ; welfare and fringe benefit plans ; deferredcompensation, phantom stock, stock option, and severance plans. Counsel on employee benefitsin acquisitions and bankruptcy, COBRA, multi-employer plan withdrawal liability, and auditissues .

CONSTRUCTION

Represent general contractors, design-builders, construction managers, design professionals,

subcontractors, suppliers and others in many building categories including tunnels, bridges,

roads, power plants, water and sewage treatment facilities, buildings, and industrial facilities . Weact for our clients in arbitration and litigation in all courts and before arbitration tribunals both

in the U.S. and abroad. Counsel in the preparation of bidding documents and construction

agreements, as well as in connection with project delivery systems ; public bidding disputes ;disputed extra claims; delay, disruption and interference claims; and post acceptance

performance and construction defect disputes .

CORPORATE AND SECURITIE SRepresent business interests in traditional corporate and transactional work including mergers,

acquisitions, divestitures, recapitalizations, and restructurings, as well as joint ventures and

strategic alliances, licensing, and franchising arrangements . Represent providers and users of

capital in financing transactions including public and private offerings of equity and debt

securities, private equity investments, start-up and venture capital investments, and bank

financings .

Practice and Industry Groups

ESTATE PLANNING AND PROBATECounsel on estate and trust administrations, gift-giving, gift and estate taxation, charitableplanned giving, business succession planning, guardianships, and disputes over the validity andinterpretation of wills and trusts . Prepare wills, trusts, prenuptial agreements, health caredocuments, and related documents .

FRANCHISING

Counsel on a range of legal services needed by national , regional or local franchisors ordistribution companies . Advise established franchise compan ies, businesses which want toexpand their distribution or manufacturing through franchising, individuals interested in buyinga new or existing franchise, franchise business brokers, and franchisors or franchisees involved inlitigation matters . Preparation and compliance with UFOC, business opportunity, registrationand compliance laws. Assist in the design of a franchise system and manage franchisor-franchisee relationships while maintaining integrity of the franchise system . Also handle masterfranchising and area development .

HEALTH CARERepresent health care providers, payors, managed care organizations and lenders in a broad range of

transactional, financing, regulatory, and reimbursement matters . Represent private equity andventure capital firms in health care regulatory and transactional matters . Special emphasis on long-

term care and ancillary service provider acquisitions, reimbursement, dispositions, restructuring, andrelated activities. Counsel on health care facility construction, financing and operation, contractual

arrangements, reimbursement matters, antitrust, licensure, and certification . Counsel on managedcare contract negotiations and design and implementation of integrated delivery systems, alliances,

IPAs, MSOs, and other health care joint ventures . Fraud and abuse counsel . Employment contracts,restrictive covenants and shareholder matters .

INSURANCE

Insurance regulatory, legislative, litigation, and business transactional legal services to insurance

companies, agents, brokers and industry-related associations. Advise on how to avoid litigation,providing assistance with policies and procedures to handle claims correctly. If trouble arises, we

can help resolve or mitigate losses . Advocate on behalf of the insurance industry to bring their

perspective to the regulatory process . In turn, we educate the industry to assist with regulatory

compliance .

INTELLECTUAL PROPERTYRepresent and counsel in every aspect of intellectual property . Secure and enforce patent,

trademark, copyright, and trade secret rights . Counsel on intellectual property validity and

infringement, valuations, licensing and technology transfer, and technology-related antitrust

issues. Litigate intellectual property disputes before courts and administrative agents .

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Practice and Industry Groups

LABOR AND EMPLOYMENT; IMMIGRATIONRepresentation in collective bargaining, arbitration, NLRB and SERB hearings, litigation of

employment related matters, and workers' compensation defense . Counsel on complying with wageand hour laws, FMLA, ADA, COBRA, OSHA, EEOC, and DOL . We have expertise in business-related immigration matters, including non-immigrant visas and immigrant visas (green cards) .

LOAN TRANSACTIONS

Represent banks and other financial institutions in commercial loan and financing transactions

and provide representation in such matters as loan documentation, senior and subordinateddebt, loan workouts, securitizations, letters of credit, and other lending transactions .

POLYMER, PLASTICS AND PACKAGINGThis industry group works from a multi-disciplinary approach to provide access to neededcapital, manage human and intellectual property assets, counsel regarding environmentalregulations, and represent in complex litigation.

PRIVATE EQUITYAssist private equity and subordinated debt funds in all aspects of their business cycle includingformation, solicitation . of capital, control and minority investments, acquisitions, management

of portfolio companies, and divestitures . Assist in portfolio company arrangements with

management, including employment agreements and equity-based compensation . Help takeprivate-equity-backed companies public or to issue public or private debt .

PUBLIC LAW/GOVERNMENT RELATION SRegistered representation on behalf of clients before local, state, and federal legislative bodies

and executive branch decision -makers, as well as representation before regulatory and

administrative agencies. Representation of public entities .

REAL ESTATE AND ENVIRONMENTA LRepresent landlords, tenants, owners, developers, lenders, and borrowers in acquisitions,

development, financing, leasing, construction, and management of real property including

shopping centers; commercial, industrial, and office developments ; hotels; recreational facilities ;

and condominium and residential developments . Counsel on loan workouts, like-kind

exchanges, real estate tax controversies, sale-leasebacks, zoning and land use, easements, and

vertical subdivisions . Counsel on environmental compliance and litigation including hazardous

materials disposal and . liability issues, brownfields redevelopment, underground storage tanks,

and environmental insurance.

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TAX

Tax planning and evaluation related to corporate reorganizations and restructurings, acquisitions,

dispositions, debt and equity financings, start-up ventures, tax free exchanges, and leasin g

arrangements .

TRANSPORTATION AND LOGISTIC SAddress the needs of users and providers of logistics services in areas such as negotiating an

operating contract, pursuing or defending a cargo claim, dealing with government regulations,

developing a strategic alliance, or financing an acquisition .

TRIALRepresent clients in courtroom litigation and dispute resolution including business contract

disputes, product liability claims, transportation distributorship and franchise, officer and

director liability, takeovers and mergers, insurance coverage disputes, building construction and

real estate disputes, professional liability, environmental liability, and unfair competition

matters

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Trial Practice Group

Our trial attorneys actively pursue cost-effective outcomes in courtroom litigation and dispute

resolution for clients that include multi-national and publicly held companies, private companies,public entities, boards, and individuals. On a daily basis, our trial lawyers are involved in virtuallyevery type of business dispute including, hostile takeovers and mergers, contract disputes, fraud

issues, ERISA, construction and real estate disputes, securities litigation, officer and directorliability issues and unfair competition matters .

Contract, Business and Commercial Disputes

Our trial lawyers possess extensive experience in the widest possible range of contract, businessand commercial disputes . We have successfully litigated matters involving virtually every area ofbusiness law within the context of numerous industries.

Product Liability Claims

Our product liability litigators have extensive experience in consultation and prevention, as wellas defense of claims. This experience includes defense of toxic tort and medical device claims, and

defense of claims involving industrial equipment and machinery and a panoply of consumerproducts . In addition, our attorneys help monitor and prevent product liability claims by serving

on the product safety committees of our clients and monitoring nationwide product liability

litigation to spot trends and reduce future claims . We have considerable experience in dealingwith the Consumer Products Safety Commission and handling product recalls .

Real Estate Controversies

We have experience in a broad range of real estate issues including governmental condemnations,regulatory takings, land use regulation, large track zoning, restrictive covenants, partition ofproperty, inverse condemnation, environmental liability and clean-up, foreclosures, building codeenforcement, eminent domain, tax and insurance issues, leasehold, all forms of title, ownershipand use rights, easements, administrative hearings, real estate tax proceedings and condominiumregulation.

State and Federal Discrimination Claims

Our clients have been successfully represented in significant state, federal and administrative

discrimination claims throughout the United States . Our experience encompasses, among other

things, claims under the Civil Rights act, race discrimination class actions, sexual harassment anddiscrimination claims, age discrimination claims, and Americans with Disabilities Act claims. Our

representation of clients in this area is often national in scope .

Accountant Liability

We have experience in representing national and regional accounting firms . We have successfully

defended the Big-Five accounting firms regarding alleged malpractice cases where an audit client's

employee embezzled large sums over a long period of time, in both business and financia l

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Trial Practice Group

institution settings . We represent accountants in complex cases, including class action suitsbrought under the Securities and Exchange Act and the PSLRA . We also defend federal, stateand local governmental investigations .

Insurance Coverage

We have a wide range of experience in handling complex insurance coverage issues for many ofour clients . We provide clients with coverage analysis and advice and have negotiated andlitigated sophisticated insurance coverage claims under commercial general liability policies,

directors an d officers policies, property policies and fidelity bonds, In addition, we have handled

cases that involved, among other things, insurance coverage for toxic products and "pollution,"

workplace injuries, employee dishonesty, commercial property losses, and directors and officersliabilities.

Securities and Shareholder Litigation

Whether it is class action "strike" litigation or a dispute among shareholders, our trial lawyers areintimately knowledgeable in this area. We have litigated and/or assisted in resolving everythingfrom disputes between two shareholders in middle market companies to filing offensive litigationagainst a public company that is the subject of a hostile tender offer .

Director and Officer Liability

When directors and officers are involved with companies under investigation or are personallynamed in litigation, our trial lawyers are in a position to offer substantial assistance . We havesuccessfully defended officers and directors in many types of cases, including those involvingallegations of fraud and breach of fiduciary duty .

Unfair Competition

Our Trial Practice Group is involved in handling various types of unfair competition matters .Together with our Intellectual Property Practice Group, our trial attorneys secure and enforceintellectual property protection, including patent, trademark, copyright and trade secret .

_1I_

C. David Paragas

Partner

Partner-in-Charge of the Columbus OfficeCo-Chair, Public Law Practice Group

Executive Committee MemberBenesch, Friedlander, Coplan & Aronoff LLP88 East Broad St.Suite 900 ~r Riew Rated

Columbus, OH 4321 5Phone : (614) 223-9307Fax: (614) [email protected] m

As a former senior aide to two Ohio Senate Presidents and as a registered legislative agent , Mr. Paragas representsclients on legislative issues before the Ohio General Assembly and state departments and agencies.

Service Area FocusInsurancePublic Law

Representative MattersInsuranc eRegulatory and Legislative

PolymersRegional and Global Competition Counselin g

Public LawConstitutional Law and Appellate Practice• Represented county government on federal audi t

Legislative Affairs• Represented Fortune 100 company on establishing research and development tax credit• Secured state funding for human service and educational group• Successfully lobbied the enactment of professional licensure laws

Public Litigation and Defense• Ohio Building and Construction Trades Council v . County of Cuyahog a• Represented the organized construction trades in their challenge to legislation that prohibits public sector

project labor agreements

Court & Bar AssociationsTrustee & Member - Asian American Bar Association of OhioMember - Ohio Lobbying Associatio nMember - Ohio State Bar AssociationMember - Columbus Bar Association ; member, Managing Partners Diversity Initiative Advisory Boar d

MembershipsListed - Ohio Super Lawyers 2005, 200 6Listed - The Best Lawyers in America@ 2006 (Copyright 2006 by Woodward/White, Inc ., of Aiken, SC )

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EducationSchool : Ohio Wesleyan UniversityYear: 1983Degree: B.A., Business, Politics & Government

School : Capital UniversityYear: 1989Degree: J .D .

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Member - St . Timothy Parish Council (1995-1999 )

Recent Articles & PresentationsEmployment Intentional Tort : New Legislation that Affects Your Business , June 23, 2005

EducationSchool : The Ohio State UniversityYear : 1978Degree: B .A.School : The Ohio State UniversityYear : 198 1Degree : J .D.Honors: with honors

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Kari Bowie Herte lOf CounselBenesch , Friedlander, Coplan & Aronoff LLP 88East Broad St .Suite 900Columbus, OH 43215Phone: (614) 223-9376Fax: (614) 223-9330khertel@bfca .com

Ms. Hertel is of counsel with the firm's General Practice Group .

Prior to joining the firm, Ms . Hertel served as Senior Deputy Attorney for Ohio Attorney General JimPetro, where she handled many types of matters including securities fraud class actions and prescriptiondrug litigation . She also served as Assistant Chief Legal Counsel to State Auditor Jim Petro where sheoversaw the legal aspects of special audits . In U.S. Senator George Voinovich's first term in Washington,D.C., she served as Legal Counsel, working on the impeachment trial in the U .S. Senate, in addition tohandling judiciary, banking, insurance, and securities legislative issues. Previous to that she was a lawclerk to the Honorable Judge Michael H . Watson in the Court of Common Pleas of Franklin County .

Court & Bar Association sAdmitted - Southern District of Ohio Federal

Bar Member - Ohio State Bar Association

Member - Columbus Bar Associatio n

Memberships

Volunteer - Legal Aid Society Landlord/TenantClinic Volunteer - Choices Women/Children's

Shelter Volunteer - Domestic Violence Project

EducationSchool : Ball State UniversityYear: 1990Degree: B.S .

School: Indiana UniversityYear: 1995Degree: J.D.

School : Indiana Universit y

Year : 199 5Degree : M.P.A.

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sonam bakshi, et al. v. broadcom corporation, et al. 06-cv...

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