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28DECLARATION OF KELLY L. BULAWSKY IN SUPPORT OF THE MOTION TO APPOINT CITY OF

HIALEAH EM P. RET. SYS. AS LEAD PLAINTIFF AND FOR APPOINTM ENT OF CO UNSEL

Joseph W. Cotchett (State Bar No.36324)Steven N. Williams (State Bar No. 175489)Kelly L. Bulawsky (State Bar No. 234025)COTCHETT, PITRE, SIMON & McCARTHY840 Malcolm Road, Suite 200Burlingame, California 94010Telephone: (650) 697-6000

Stanley M. GrossmanMarc I. GrossPOMERANTZ HAUDEK BLOCK GROSSMAN & GROSS LLP100 Park Avenue, 26th FloorNew York, New York 10017-5516Telephone: (212) 661-1100

Patrick V. DahlstromPOMERANTZ HAUDEK BLOCK GROSSMAN & GROSS LLP30 North LaSalle Street - Suite 3200Chicago, Illinois 60602Telephone: (312) 377-1181

Attorneys for Plaintiff City of Hialeah Employees’ Retirement System

UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF CALIFORNIA

SAN FRANCISCO DIVISION

-------------------------------------------------------xPRENA SMAJLAJ, Individually and onBehalf of All Others Similarly Situated,

Plaintiff,

-against- Civil Action No. 05-cv-2042-CRB

BROCADE COMMUNICATIONSSYSTEMS, INC., GREGORY L. REYES, Location: Courtroom 8and ANTONIO CANOVA, Hearing Date: August 26, 2005

Hearing Time: 10:00 a.m.Defendants. Honorable Charles R. Breyer

-------------------------------------------------------x[Additional Captions on Subsequent Pages]

DECLARATION OF KELLY L. BULAWSKY IN SUPPORT OF THE CITY OFHIALEAH EMPLOYEES’ RETIREMENT SYSTEM’S

MOTION TO CONSOLIDATE THE RELATED ACTIONS, FOR APPOINTMENTAS LEAD PLAINTIFF, AND FOR APPROVAL OF LEAD AND LOCAL COUNSEL

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HIALEAH EM P. RET. SYS. AS LEAD PLAINTIFF AND FOR APPOINTM ENT OF CO UNSEL -2-

-------------------------------------------------------xMARIO SALDANA-HARLOW,Individually and on Behalf of All OthersSimilarly Situated,

Plaintiff,

-against- Civil Action No. 05-cv-2139-CRBHonorable Charles R. Breyer

BROCADE COMMUNICATIONSSYSTEMS, INC., GREGORY L. REYES,and ANTONIO CANOVA,

Defendants.-------------------------------------------------------x-------------------------------------------------------xHAI-NING HUANG, on behalf of himselfand a class of persons similarly situated,

Plaintiff,

-against- Civil Action No. 05-cv-2316-CRBHonorable Charles R. Breyer

BROCADE COMMUNICATIONSSYSTEMS, INC., GREGORY L. REYES,and ANTONIO CANOVA,

Defendants.-------------------------------------------------------x-------------------------------------------------------xBUDDAREDDYHALLI SREENIVAS,Individually and on Behalf of All OthersSimilarly Situated,

Plaintiff,

-against- Civil Action No. 05-cv-2374-SBAHonorable Saundra Brown Armstrong

BROCADE COMMUNICATIONS,SYSTEMS, INC., GREGORY L. REYES,and ANTONIO CANOVA,

Defendants.-------------------------------------------------------x

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HIALEAH EM P. RET. SYS. AS LEAD PLAINTIFF AND FOR APPOINTM ENT OF CO UNSEL -3-

-------------------------------------------------------xILENE ARMOUR, Individually and onBehalf of All Others Similarly Situated,

Plaintiff,

-against- Civil Action No. 05-cv-2396-CRBHonorable Charles R. Breyer

BROCADE COMMUNICATIONS,SYSTEMS, INC., GREGORY L. REYES,and ANTONIO CANOVA,

Defendants.-------------------------------------------------------x-------------------------------------------------------xFREDERICK WITT, Individually and onBehalf of All Others Similarly Situated,

Plaintiff,

-against- Civil Action No. 05-cv-2692-SBAHonorable Saundra Brown Armstrong

BROCADE COMMUNICATIONS,SYSTEMS, INC., GREGORY L. REYES,and ANTONIO CANOVA,

Defendants.-------------------------------------------------------x

I, Kelly L. Bulawsky, hereby declare as follows:

1. I am an associate of the firm of Cotchett, Pitre, Simon & McCarthy, counsel on

behalf of City of Hialeah Employees’ Retirement System. I make this Declaration in support of

the motion by City of Hialeah Employees’ Retirement System for appointment as lead plaintiff

and for approval of their selection of Pomerantz Haudek Block Grossman & Gross LLP as Lead

Counsel and Cotchett, Pitre, Simon & McCarthy as Local Counsel for the Shareholder Class.

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

published over the Business Wire in the above-referenced action on May 19, 2005.

3. Attached hereto as Exhibit B is true and correct copy of City of Hialeah

Emoployees’ Retirement System’s Certification in the above captioned action.

4. Attached hereto as Exhibit C is a true and correct copy of the firm resume for

Pomerantz Haudek Block Grossman & Gross LLP.

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HIALEAH EM P. RET. SYS. AS LEAD PLAINTIFF AND FOR APPOINTM ENT OF CO UNSEL -4-

5. Attached hereto as Exhibit D is a true and correct copy of the firm resume for

Cotchett, Pitre, Simon & McCarthy.

I declare under the penalty of perjury that the foregoing is true and correct.

Executed on July 18, 2005, at Burlingame, California.

/s/ Kelly L. Bulawsky

,7UL .18 .2005 12 :48 3123771184 POMERANTZ #0373 P .004/00 5

1 of 211U5 Lerach Coughlin Stoia Geller Rudman: & Robbins LLI' Files Clas s

May 19 2005 15 :0 3

Action SuiL Against- Brocade uuurnmurtic;aticin Systums, inc .

SAN MUSTNl SS WIRE) --May 19, 200 5Lerach Coughlin Stoia Geller Rudman & Robbins LL P("Lerac_h Coughlin") (lit t_p : //www, l erar :hl aw, com/r.c, .ses/brocadecomm/)

today announced that a class acLion has been uomilmenced in the United

States District CourL for Llie Northern District of California onbehalf of purchasers of 13roc,acdce Cormt :nicat.ion Systems, Tnc .("Brocadr") (N71 3fli Qi : RRCD) ) pub .l icly traded securities during the periodbetween February 21, 2001 and May 15, 2005 (l .hc: "Class P(er.iod") -

if you wish to serve as lead plaintitt, you must move the Court nolater Lhan 60 days from today . if you wish to dl oc i. s o this action or

have any clue*st].oris c:nnc-cnrning this notice or your rights or interests,

please contact plaintiff's counsel, Williaiii Lerac :h oxr Uarreri Robbins

of T,erach Cou<3hiliin at 800/1'10-9000 or 6 1 9/231- 105£3, or via c-mai i at.wsl(lerachlaw .com . if you are a rrirrrther of this -lass, you can view acopy of the complaint an filed or join this c: .l._ass action online athLtl :1/www .leroc:hlaw .r..om/r.. scs/broc..~~Y~r_.omm/ . Any member of thepurported class may move the Court to serve as lead plaintiff t_hrouyh

counsel of their choice, or may choose to do nothing and remain an

absent class member ,The complaint. t:harges B:oc:<-acin and cictrh~-3i n of i t`o officers and

directors with violation :; of the ;eoUrities Exchange Act of 19 :34 .

Brooadc designs, develops, markets, sells and su pporLS data SLoragenetworkinq 'products and seivicus .

The cump1aint alleges that throughout t.hE, Class, Period, defendantsissued materially false and miniea~ing tinancial statements to the

itiver,Licry public . On may '16, 2005, the Company issued a !press releaseannouncing the restatement of iLi-: fiscal 2001 to fiscal 2004 earnings .

The release Stated that "the Company will re tate its financialstatements for the. fiscal years endinq 2002 LhrouOl7 2004 to record

additional charges for stock-based c~ocipeiisatiorr expense ." The release'

noted that the Company esL imal .elmi the 3 mpac't of the restatement. wouldbe to rr.cit~r r,, fiscal 2001 and fiscal 2002 earnings per share by up to$0 .11 and $0 .1 <.), rc.,spec:tive l y, The company also esLimaLed LhaL fiscal2003 and fiFseal `2,.004 earnings per share would be reduced as wcell . As a

r0sult of this announcement, Brocade's stock dropped to $4 .13 pershare, coiupared Lo the $40, p(-r nhigre prices it traded at durinrl the

Class i'eriod .

Plaintiff scckr, to reonver damages on behalf of all purchasers ofBrocade puh] i el y traded ,_ ecurities duritic :) Lhe Class Period (the

"C l as ") The plaintiff is represented by Leracih Coughlin, whi Ch h?s

expertise in prosecuting investor clans ic.t.iono and extensive

experience in acLiuirs iiivolvin~) financial fraud-

Lerac_fr Cou~:jhliri, a 150-lawyer firm with otticceo in San Diego, SanFrancisco, JLoos Angelces, Now York, Roca Raton, Washire:iLon, D .C . ,

Copyriyhl. ((-) 2005

JUL .18 .2005 12 :48 3123771184 POMERANTZ #0373 P .005/00 5

2 cif 2

BUS Lerach Coughlin SLcoia Geller 1 ;ucicuan & 1RC)bhin s, LLP Files Clas s-

May 1 9 2 0 0 1 a : 0 : 3

HousLon, 1'}iilacielp} ► ia dr ► c1 S"iI .I .1 , i vco i.ri major Iitigat.i.ont.;

pondi.ng in federal and state r_nurt t}~x'c:~ughout. the United States andhas taken a leacii : ► y LQle in many import". :3r1t actionrr on bclli ll .f ofdc.fraudc d invo t.or.,;,, Cnneumer .:, and r_.omparlie .3, EIS well a victims ofhuman right,, viol ; .Lion ; . Lcrrirh Coughlin 1 nwyer ; have been responsiblefor more than $20 billion in aggreqaLe recoveries . The LeracCi Coughlin

Web siLe (} ► LLp ://www .1czra :hlaw .ccrom) has morn inform,mtion about. the.firm .

1ONTAC.:T ;

Lerach Coup=}Y►lit1 Sto .i3 Gelie . Rudman & Robhiri LLPWilliam Lo.rac:h, 800-449-490 0we1@lc:r ch .l,iw_r.-) m

-0-- May/19/2005 19 :03 GMT

Copyright (r_.) 20U .`_)

JUL .18 .2005 12 :47 3123771184 POMERANTZ #0373 P .002/00 5

Certification of PlaintiffPursuant to Federal Securities Law s

1 _ I, Alan W. Voorhees , Chairma!. make this declaration pursuant to Section 101of the Private Securities Litigation Reform Act of 1995 as required by Section 21D (a) (2) ofTitle I of the Securities Exchange Act of 1934 .

2 . I have reviewed the Complaint against Brocade Communications Systems, Inc .filed by Pomerantz Haudek Block Grossman & Gross LLP on behalf of its client . I adopt itsallegations and authorize a filing of a comparable complaint on my behalf .

3 . I did not purchase my Brocade Communications Systems , Inc. securities at thedirection of plaintiffs ' counsel or in order to participate in any private action arising under Title Iof the Securities Exchange Act of 1934 .

4. 1 am willing to serve as a representative party on behalf of a class as set forth inthe Complaint, including providing testimony at deposition and trial, if necessary . I understandthat the Court has the authority to select the most adequate lead plaintiff in this action and thatthe Pomerantz Firm will exercise its discretion in determining whether to move on my behalf forappointment as lead plaintiff .

5. To the best of my current knowledge , the attached sheet lists all of mytransactions in Brocade Communications Systems , Inc. securities during the Class Period asspecified in the Complaint .

6. During the three-year period preceding the date on which this certification issigned, I have not sought to serve as a representative party on behalf of a class under thefederal securities laws .

7 . I agree not to accept any payment for serving as a representative party on behalfof the class as set forth in the Complaint, beyond my pro rata share of any recovery, exceptsuch reasonable costs and expenses (including lost wages) directly relating to therepresentation of the class as ordered or approved by the Court ,

8. The matters stated in this declaration are true to the best of my currentknowledge , information and belief .

I declare under penalty or perjury that the foregoing is true and correct-

Executed- June 21, 2005 , at Hialeah.. Florida(Date) (City, State)

(Signature)

Alan W. Voorhees . Chairman of the Retirement Board(Type or Print Name)

City- of Hialeah Employees ' Retirement SystemSummary of Transactions

BROCADE COMMUNICATIONS SYSTEMS, INC.CLASS PERIOD : FEB 21 , 2001 through MAY 15.2005

Plaintiff purchase Shams Price Amount Sales Date Shares Price Amount Shares Held 16-Day EstimatedDate Mean Avg Gain (Loss)

$4.034 1Estimated

Valu e

Hialeah D406 12 .1 b'2001 1400 S3&8919 5132.232 02-23--2001 1900 S40 .7247 $158,82 6

12j 18/2001 4.200 $33 .7200 S141,624 03/19j2002 400 $23 .3800 $9,35 2

1231x'2001 3,900 $34 .0244 $132,695 06,16t2002 2,200 $17 .2442 337 .93 7

01104x2002 1,600 $39 .94145 $63,906 06+27,2002 3 .400 $1 .7 .9661 $61,085

01x1112002 1,800 S33 .4915 $60,285 06+78,2002 2 .600 317 .7689 $46,199

03 .22 2002 3,700 526 .5683 S99303 0!/01 :2002 1,000 S M1776 $17,17 8

07+25 .2002 9,000 $17.6400 $158 .760

Total 18 ;600 $629.045 22,500 5489.337 (3,900) ($139.708)

Hialeah D413 07-252002 9,000 S17.6400 $158,760 11/2512002 22,800 $5,3628 $122 .272

08+02i2002 900 516 .6507 S14,986

1121 x'2002 12 .900 $7. 1600 592 .364

Total 22.800 $266,110 22,800 5 1 22,272 0 (5143,838)

1 New York Law Journal, Aug. 1, 1983.

POMERANTZ HAUDEK BLOCK GROSSMAN & GROSS LLP

Pomerantz Haudek Block Grossman & Gross LLP (the “Pomerantz Firm” or “Firm”)

is nationally known for its class actions on behalf of investors injured by securities fraud, as well

as its antitrust, shareholder derivative, consumer, health care and ERISA litigation practice. We

continue the proud tradition established over fifty years ago by the firm’s founder, Abraham L.

Pomerantz, known as the dean of the class action bar and one of the “pioneers who developed the

class action/derivative action field.”1 The Firm has won settlements and judgments on behalf of its

clients aggregating many hundreds of millions of dollars.

The Pomerantz Firm takes pride in providing high quality and personalized client

service. It has a long tradition of successfully representing individual investors as well as major

institutional, financial and associational clients. It has the financial and legal resources necessary

to represent clients successfully against corporations defended by Wall Street’s most powerful law

firms, and is of the optimal size to offer each client undivided attention. Moreover, the Firm has

maintained a nationally renowned reputation, and its lawyers’ excellence has been recognized by

courts around the country.

A BROAD RANGE OF EXPERIENCE WITH AN ANCHOR IN SECURITIES CLASS ACTIONS

Focusing on the field of securities class actions, the Pomerantz Firm has successfully

attacked the fraudulent activities of large corporations on behalf of victimized shareholders.

Pomerantz is led by senior partner Stanley M. Grossman, a nationally prominent securities litigator,

who is the former president of the National Association of Securities and Commercial Law

Attorneys (“NASCAT”). He has been invited to testify before various congressional committees

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concerning the securities laws and related pending legislation. Mr. Grossman practices with well-

respected and experienced partners, all of whom also specialize in complex class litigation, as well

as dedicated and knowledgeable associates and legal assistants.

Presently, the Firm serves as lead or co-lead counsel in numerous major securities

fraud class actions and price fixing and other antitrust class actions, health care class actions, and

also derivative actions.

Brooklyn Law School sponsors the Abraham L. Pomerantz Lecture Series, which

focuses on issues pertinent to shareholder rights.

THE POMERANTZ FIRM’S MAJOR PRACTICE AREAS ARE:

R Securities Litigation: The Firm is nationally recognized as apremier securities class action litigation firm. Such actionstypically concern securities whose price has been artificiallyinflated due to misleading statements or omissions.

R Antitrust Litigation: The Firm has a very active antitrustpractice. These cases concern a variety of wrongful businesspractices in restraint of competition including price-fixing,attempted monopolization, and customer allocation. In suchcases, businesses and/or individuals have been injured as a resultof conduct which is anti-competitive in nature.

R Shareholder Derivative Actions: In these cases, where suit isbrought by a shareholder on behalf of a company to recover forlosses sustained by the misconduct of corporate insiders or otherparties, the firm has played a substantial leadership role.

R HMO and ERISA Litigation: The Firm has been at the fore-front in developing and prosecuting class actions designed toprotect both patients and doctors from the abuses of managedcare.

R Consumer Litigation: The Firm has also brought a number ofimportant consumer protection, deceptive practices and auto-mobile defect cases on behalf of our clients.

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SIGNIFICANT VICTORIES BY THE POMERANTZ FIRM

The Pomerantz Firm has had the privilege of serving as lead or co-lead counsel in

some of the more prestigious class action and derivative litigations of the past 25 years. Below are

some examples of its successes.

In In re Charter Communications Securities Litigation, the Pomerantz Firm,as sole lead counsel, recently reached a settlement with Charter and several of itsofficers for at least $144 million in cash and securities in a complex accountingmanipulation case relating to Charter’s alleged inflation of its customer count andoperating results. As part of the settlement, Charter has additionally agreed to enactseveral substantive corporate governance measures. The settlement was presentedto the Court in May 2005 for approval. This is a partial settlement, and thePomerantz Firm will continue to vigorously prosecute the claims for securities fraudagainst other defendants. Charter is one of the top 25 securities fraud class actionsettlements of all time.

In In re Livent Noteholders Securities Litigation, the Pomerantz Firm, as co-lead counsel, was recently granted summary judgment against defendants GarthDrabinsky and Myron Gottlieb, who orchestrated a massive accounting fraud atLivent. Drabinsky and Gottlieb were ordered by the Court to pay over $23 millionin damages. Together with the previous settlements in this case, the total damagesawarded by the Court now exceed $40 million.

In In re Elan Corporation, plc, the Pomerantz Firm, as co-lead counsel,recently reached a settlement with the Irish-based pharmaceutical company for $75million in cash. The complaint asserted accounting and disclosure claims on behalfof investors for the period February 7, 2000 through July 1, 2002. The settlement issignificant, particularly in light of a recommendation by the Magistrate Judge thata substantial portion of these claims be dismissed. The settlement was also achieveddespite the fact that Elan has been losing money and has a substantial debt load. Therecovery represents one of the largest ever achieved against a foreign corporation.

In In re Safety-Kleen Corp. Stockholders Litigation, the Pomerantz Firm, asco-lead counsel, has obtained settlements of $54.5 million from the Company’soutside auditor and numerous other defendants in a complicated accountingmanipulation case.

In In re Summit Metals, Inc., the Pomerantz Firm, as sole lead counsel,obtained a $43 million judgment and required turn over of the stock of twocorporations after vigorously pursuing derivative claims against a defendant who hadtried to conceal his control of assets by creating a maze of shell companies.

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In In re First Executive Corporation Securities Litigation, the PomerantzFirm, as sole lead counsel achieved settlements worth $102 million for the class andexposed a massive securities fraud arising out of the Michael Milken debacle.

In In re Methionine Antitrust Litigation, the Pomerantz Firm, as co-leadcounsel, obtained a $107 million settlement in a complex antitrust class actionagainst manufacturers of methionine who were charged with fixing the price of thisproduct during a fifteen year period.

In In re Salomon Brothers Treasury Litigation, the Pomerantz Firm wenthead to head with numerous top-line corporate defense firms and eventually achieveda $100 million settlement for the class in a complicated antitrust and securities fraudcase.

In Snyder v. Nationwide Insurance Co., a “vanishing premium” lifeinsurance case, the Pomerantz Firm served as co-lead counsel. This action wassettled for benefits totalling $100 million on behalf of 650,000 policyholders.

In In re Sorbates Direct Purchaser Antitrust Litigation, the Pomerantz Firmserved as member of an Executive Committee of Plaintiffs’ Counsel and helpedachieve settlements of over $80 million in a major antitrust case.

In In re National Health Laboratories, Inc. Securities, the Pomerantz Firm,as co-lead counsel, succeeded in obtaining a $64 million recovery arising out of oneof the largest ever medicare frauds.

In Mardean Duckworth v. Country Life Insurance Co., the Pomerantz Firm,as co-lead counsel, helped obtain a $45 million settlement in a securities fraudaction.

In In re Boardwalk Marketplace Securities Litigation, the Pomerantz Firm,serving as lead counsel, obtained a benefit of over $66 million —I ncluding a$16 million cash recovery plus a reduction in class members’ indebtedness onpromissory notes of over $50 million.

WHAT COURTS HAVE SAID ABOUT THE POMERANTZ FIRM

Courts have consistently acknowledged the ability of the Pomerantz Firm to

vigorously pursue the claims of class members.

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In Snyder v. Nationwide Insurance Co., Index No. 97/0633 (N.Y. Supreme Court,

Onondaga County), where as co-lead counsel, the Pomerantz Firm helped recover a settlement

valued at $100 million for defrauded life insurance policy customers, Judge Tormey stated:

The Court approves the settlement in all respects. It is soordered, and I compliment you all, not only the manner in which youarrived at this result today, but the time that you -- in which it wasdone. And I think you all did a very, very good job for all the people.You made attorneys look good. I thank you very much. It was niceworking with you all.

Judge McLaughlin in Mercury Savings and Loan commended the Firm for the

“absolutely extraordinary job in this litigation.”

In the Boardwalk Marketplace Securities Litigation, Judge Eginton described the

Firm’s services as “exemplary,” commended it for its “usual fine job of lawyering...[in] an extremely

complex matter,” concluding that the case was “very well-handled and managed.”

Judge Broderick of the Southern District of New York observed in Nodar v. Weksel,

“that the services rendered [by the Pomerantz firm] were excellent services from the point of view

of the class represented, [and] the result was an excellent result . . . .”

Judge Goettel praised the Firm in Klein v. A.G. Becker Paribas, Inc. for providing

“excellent . . . absolutely top-drawer representation for the class, particularly in light of the vigorous

defense offered by the defense firm.”

In the Digital Securities Litigation, Judge Young of the District of Massachusetts

complimented the Firm for its “[v]ery fine lawyering.”

In In re Wiring Devices Antitrust Litigation, where the Pomerantz Firm was again

lead counsel, Chief Judge Jack B. Weinstein stated:

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Counsel for the plaintiffs I think did an excellent job . . . . They areoutstanding and skillful. The litigation was and is extremelycomplex. They assumed a great deal of responsibility. Theyrecovered a very large amount given the possibility of no recoveryhere which was in my opinion substantial.

In Rauch v. Bilzerian, the Court referred to the partners from the Pomerantz Firm who

had litigated the case as “exceptionally competent counsel,” and as having provided “top drawer,

topflight [representation], certainly as good as I’ve seen in my stay on this court.”

In Steinberg v. Nationwide Mutual Insurance Co., 99 CV 7725 (E.D.N.Y. 2004),

Judge Spatt, in granting class certification and appointing the Pomerantz Firm as class counsel,

observed: “The Pomerantz firm has a strong reputation as class counsel and has demonstrated its

competence to serve as class counsel in this motion for class certification.” 2004 U.S. Dist. LEXIS

17669 at *24).

Recently, in certifying the class in DeMarco v. Robertson Stephens, 2005 U.S. Dist.

Lexis 2005 (S.D.N.Y. 2005), Judge Lynch stated that the Pomerantz Firm had “ably and zealously

represented the interests of the class.”

BIOGRAPHIES OF POMERANTZ’S LAWYERS

Brief biographies of the Firm’s lawyers follow below:

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STANLEY M. GROSSMAN

Stanley M. Grossman, the senior partner of the Pomerantz Firm, was featured in an

article entitled “Top Litigators in Securities Field -- A Who's Who of City's Leading Courtroom

Combatants,” New York Law Journal, August 1, 1983. He has been with the Pomerantz Firm since

February 1969, and has been a member of the Firm since 1976. Throughout this period he has

principally represented plaintiffs in securities and antitrust class actions. He has lectured to the

profession on various occasions under the auspices of the Southern Federal Securities Institute,

Columbia University School of Law, Duke University Law School, University of Arizona Law

School, Brooklyn Law School, ALI-ABA, PLI, the New York State Bar Association, and the

Association of the Bar of the City of New York. Mr. Grossman is the author of “Commentary: The

Social Meaning of Shareholder Suits,” 65 BROOKLYN LAW REV. (1999), among other articles.

Mr. Grossman has been active in numerous professional organizations. He is the

former president of the National Association of Securities Attorneys (“NASCAT”) -- an

organization of attorneys specializing in securities class action litigation. During his tenure, he

represented NASCAT in meetings with the Chairman of the Securities and Exchange Commission,

members of Congress and of the Executive Branch in furnishing input and commentary on

legislation which became the Private Securities Litigation Reform Act of 1995 (“PSLRA”).

In the summer of 1998, at the invitation of Chairman of the Judiciary Committee

Henry Hyde, Mr. Grossman testified before Congress on proposed legislation dealing with

“federalization of state class actions.” Subsequent to the hearings, Mr. Grossman was requested to

participate with Congressional counsel in drafting proposed legislation.

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In February, 2002, Mr. Grossman was requested to brief the Democratic caucus of

the House Committee on Financial Services on issues pertaining to proposed legislation following

the Enron debacle.

Mr. Grossman serves on New York State Comptroller Carl McCall’s Advisory

Committee for the New York Stock Exchange Task Force on corporate governance. He also serves

as a vice president and adviser of the Institute for Law and Economic Policy (“ILEP”). ILEP is a

public policy research and educational foundation established to preserve, study and enhance access

to the civil justice system by all consumers.

Mr. Grossman is also a member of the United States Advisory Board of the Institute

for Consumer Antitrust Studies at Loyola University Chicago. Additionally, he is on the Advisory

Committee for the Abraham L. Pomerantz Lectures at the Brooklyn Law School. Mr. Grossman is

currently a member of the Judiciary Committee of the Association of the Bar of the City of New

York. Previously he served on the Association’s Committee on Professional and Judicial Ethics;

State Courts of Superior Jurisdiction; and Trade and Antitrust.

Mr. Grossman is actively involved in local and national civic affairs. In June, 1999,

he was appointed by the Association of the Bar of the City of New York to chair a special Blue

Ribbon Commission on the future of the City University of New York. Upon the publication of the

Commission’s Report, the President of the Association described it as “insightful, measured and

persuasive . . . a striking example of the very best of what this Association can do.”

He is a director of the Lincoln Center Institute for the Arts in Education, as well as

a member of the Appleseed Foundation, a national public interest advocacy group. In addition, he

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is also a member of the AFL-CIO Center for Working Capital’s National Advisory Council of

Employee Benefit Professionals.

Mr. Grossman’s law practice is devoted to complex class actions. For example, he

was the lead lawyer for plaintiffs and the class In re Salomon Brothers Treasury Litigation, 91 Civ.

5471 (RPP)(S.D.N.Y. 1994), where he obtained a $100 million cash recovery for the class. He was

also the attorney in charge of the In re First Executive Corporation Securities Litigation,

CV-89-7135 DT (Kx)(C.D. Cal. 1994), another case where he negotiated a $100 million settlement

for the class. Similarly, in In re Sorbates Direct Purchaser Antitrust Litigation, C98-4886 CAL

(N.D. Cal. 2000), his efforts with his co-counsel resulted in an over $80 million settlement for the

class.

Senior Judge Milton Pollack of the Southern District of New York appointed

Mr. Grossman to the Executive Committee of counsel charged with allocating to claimants over $2

billion obtained in settlements with Drexel Burnham & Co. and Michael Milken.

Many courts have acknowledged on the record the high quality of the legal

representation provided by Mr. Grossman to classes of investors. For example, in Gartenberg v.

Merrill Lynch Asset Management, Inc., 79 Civ. 3123 (S.D.N.Y.), where Mr. Grossman was lead trial

counsel for plaintiff, Judge Pollack noted at the completion of the trial (Tr. 507):

[I] can fairly say, having remained abreast of the law on the factualand legal matters that have been presented, that I know of no casethat has been better presented so as to give the Court an opportunityto reach a determination, for which the court thanks you.

Mr. Grossman has tried other complex litigations involving the securities and other

federal and corporate laws.

10

MARC I. GROSS

Marc I. Gross has been associated with the Firm since 1976 and became a partner in

1984. He graduated from New York University Law School in 1976 and received his undergraduate

degree from Columbia University in 1973.

Mr. Gross has extensive experience in litigating class (securities, antitrust and

consumer) and derivative actions. He is the sole or co-lead counsel in many of the Firm’s major

pending cases, including class actions involving fraud by analysts, and has won rulings highly

favorable to plaintiffs. See e.g. Salomon Analyst AT&T Litig., 350 F. Supp. 2d 455 (S.D.N.Y. 2004)

(GEL).

Mr. Gross has obtained numerous large recoveries. For example, he was co-lead

counsel in Snyder v. Nationwide Insurance Co., Index No. 97/0633 (N.Y. Supreme Court, Onondaga

County) which resulted in a settlement valued at $100 million for defrauded life insurance policy

customers. In approving the settlement, Judge Tormey stated:

The Court approves the settlement in all respects. It is soordered, and I compliment you all, not only the manner in which youarrived at this result today, but the time that you -- in which it wasdone. And I think you all did a very, very good job for all the people.You made attorneys look good. I thank you very much. It was niceworking with you all.

Mr. Gross was also co-lead counsel in In re National Health Laboratories, Inc.

Securities, CV-92-1949-H (CM) (S.D.Cal. 1995) ($64 million recovery), Mardean Duckworth v.

Country Life Insurance Co., No. 98 CH 01046 (C.D.Ill. 2000) ($45 million settlement), and in Frank

v. Paul (Centrust Savings Bank Securities Litigation), 93 Civ. 1453 (TCP) (E.D.N.Y. 1996) (over

$20 million recovery).

11

In addition, Mr. Gross was the attorney in charge of Texas International Securities

Litigation, where in granting class certification the Court stated:

The performance of plaintiffs’ counsel thus far leaves the Court withno doubt that plaintiffs’ claims will be vigorously and satisfactorilyprosecuted throughout the course of this litigation.

In the course of approving the subsequent settlement of the case, the Court added:

I would like to compliment all the parties and attorneys in this case.. . . You have all worked together better than I think any case I’ve hadthat involved these extensive issues and parties and potentialproblems. And I for one appreciate it. And I think it shows certainlya great deal of professionalism on all your part.

Mr. Gross has also served as Chairman of Neighbors Helping Neighbors, a not-for-

profit housing group based in Brooklyn, New York that is affiliated with the Neighborhood

Reinvestment Corporation.

SHAHEEN RUSHD

Shaheen Rushd graduated summa cum laude from New York Law School in 1981

and received her undergraduate degree from Kalamazoo College in 1977 (magna cum laude; elected

to Phi Beta Kappa).

Ms. Rushd joined the Firm as an associate in January 1983 and became a partner in

July 1991. Previously, Ms. Rushd was a staff attorney at the New York Regional Office of the

Federal Trade Commission and served as law clerk to the Honorable Leonard I. Garth, United States

Court of Appeals for the Third Circuit.

Ms. Rushd specializes in securities and antitrust class actions. She has participated

in the litigation of many of the Firm’s major cases, including Kronfeld v. TWA, No. 83 Civ. 8641

(KMW), and In re Safety-Kleen Corp. Stockholders Litigation, C.A. No. 3:00-CV-736-17 (D.S.C.

12

2004). She was also part of the successful trial teams in Walsh v. Northrop Grumman, et al. CV-94-

5105 (E.D.N.Y.) (TCP) and Rauch v. Bilzerian, 88 Civ. 15624 (Sup. Ct. N.J. 1991).

Ms. Rushd was a trustee of Kalamazoo College from 1996 through June 2002. Ms.

Rushd also served as an Adjunct Instructor at New York Law School during the 1989 academic year

and was a member of the Association of the Bar of the City of New York’s Antitrust and Trade

Regulation Committee.

D. BRIAN HUFFORD

D. Brian Hufford joined Pomerantz in April 1993 and became a partner in July 1995.

After obtaining a Masters of Urban Affairs from Wichita State University in 1982, Mr. Hufford

attended the Yale Law School, where he was Notes and Topics Editor for the Yale Law and Policy

Review and was awarded the Thomas I. Emerson Prize for the Outstanding Legislative Services

Project. Graduating from Yale in 1985, Mr. Hufford subsequently spent two years in Washington,

D.C. as an Honors Attorney in the United States Department of the Treasury’s Honors Law Program.

From 1987 until he joined the firm in 1993, he was a litigation associate at Davis Polk & Wardwell,

where he worked primarily on securities and class actions. His article “Deterring Fraud vs. Avoiding

the Strike Suit: Reaching An Appropriate Balance,” was published in 61 Brooklyn Law Review 593

(Summer 1995).

At the Pomerantz Firm, Mr. Hufford has not only prosecuted a number of securities

and antitrust cases, but he is also the attorney in charge of the Firm’s healthcare and consumer

practice. Mr. Hufford successfully argued before the New York appellate court in Batas v.

Prudential, 281 A.D.2d 260, 724 N.Y.S.2d 3 (1st Dep’t 2001), in which the court upheld claims that

Prudential relied on improper procedures for the determination of medical necessity in its health

13

insurance contracts. Mr. Hufford also successfully argued Drolet v. Healthsource, Inc., 968 F. Supp.

757 (D.N.H. 1997), in which the court upheld the charge that the defendant breached fiduciary duties

under ERISA by misrepresenting the financial incentives it paid to physicians to reduce medical

expenditures. In addition, Mr. Hufford received a successful decision upholding claims against

United Healthcare in American Medical Association v. United Healthcare Corp., 2002 U.S. Dist.

LEXIS 20309 (S.D.N.Y. Oct. 23, 2002), where plaintiffs claimed that the defendant relied on an

improper database for determining “usual, customary and reasonable” fees for the purpose of

reimbursing subscribers for services received from out-of-network health care providers. Morever,

Mr. Hufford was the partner in charge of Addison v. American Medical Security, Case No. CA

001455-AB (Cir. Ct., Palm Beach Cty., Fla.), in which plaintiffs won a two-week bench trial, with

the Court finding in March 2002 that the defendant had violated Florida law by, among other things,

improperly raising health care premiums based on individual health history.

Mr. Hufford has also written and lectured in the area of healthcare litigation. The

court in Orthopaedic Surgery Associates of San Antonio v. Prudential Health Care Plan, Inc.,

quoted extensively an article written by Mr. Hufford for a PLI Seminar, entitled “Managed Care

Litigation: The Role of Providers,” 1216 PLI/Corp. 487 (Nov. 2000), citing it as “instructive.”

Moreover, Mr. Hufford recently testified at the New York State AFL-CIO Task Force on

Prescription Drugs: First Public Speak Out & Hearing, held on June 17, 2002, in Albany, New

York, where he discussed pending antitrust cases against pharmaceutical companies for

manipulating the prices of prescription drugs, and he served as a panelist for a forum sponsored by

the American Corporate Counsel Association entitled “Considerations in Deciding Whether to

Mediate, Arbitrate or Litigate Business Disputes.” Further, Mr. Hufford was featured in the book

14

Net Law: How Lawyers Use the Internet, by Paul Jacobsen (Jan. 1997), which discusses how he has

used the Internet to investigate some of the firm’s pending class actions.

In addition to representing numerous individuals serving as class representatives on

behalf of the firm, Mr. Hufford has been retained by a number of significant institutions to pursue

claims on their behalf, including medical associations (the American Medical Association, the

Medical Society of the State of New York, the Missouri State Medical Society and the Pennsylvania

Chiropractic Association), unions (New York State United Teachers, the Civil Service Employees

Association, the New York State Police Investigators Association and the Organization of NYS

Management Confidential Employees), and corporations (General Electric Company, U.S. Trust

Company of New York, the CitiGrowth Funds, Hambrecht & Quist Healthcare Investors and

Springwell Navigation Corp.), among others.

PATRICK V. DAHLSTROM

Mr. Dahlstrom is a 1987 graduate of the Washington College of Law at American

University in Washington, D.C., where he was a Dean’s Fellow, Editor-in-Chief of the Adminis-

trative Law Journal, a member of the Moot Court Board representing Washington College of Law

in the New York County Bar Association’s Antitrust Moot Court Competition, and a member of the

Vietnam Veterans of America Legal Services/ Public Interest Law Clinic.

Upon graduating, Mr. Dahlstrom served as the Pro Se Staff Attorney for the United

States District Court for the Eastern District of New York and was a law clerk to the Honorable Joan

M. Azrack, United States Magistrate Judge. He joined the Pomerantz Firm as an associate in the

Fall of 1991 and became a partner in January 1996. Mr. Dahlstrom is the resident partner in the

Pomerantz Firm’s Chicago Office.

15

Recently, in DeMarco v. Robertson Stephens, 2005 U.S. Dist. LEXIS (S.D.N.Y.

2005), Mr. Dahlstrom obtained the first class certification in a federal securities case involving fraud

by analysts. Some examples of other notable litigations by Mr. Dahlstrom are In re Safety-Kleen

Stockholders Securities Litigation, 3:00-736-17 (D. S.C.) (as co-lead counsel, Firm obtained $54.5

million settlement) and In re Livent, Inc. Noteholders Securities Litigation, 98 Civ. 7161 (VM)

(S.D.N.Y.) (Firm, as sole-lead, obtained $17 million settlement, plus $23 million judgment); In re

Woolworth Corporation Securities Class Action Litigation, 94 Civ. 2217 (RO) (S.D.N.Y.7) (Firm,

as co-lead counsel, secured a $20 million).

Mr. Dahlstrom was also co-Class Counsel and a member of the trial team in In re

ICN/Viratek Securities Litigation, 87 Civ. 4296 (KMW) (S.D.N.Y.), where at the end of trial, the

Court commented that “plaintiffs’ counsel did a superb job here on behalf of the class . . . . This was

a very hard fought case. You had very able, superb opponents, and they put you to your task . . . .

The trial was beautifully done and I believe very efficiently done . . . .”

H. ADAM PRUSSIN

Mr. Prussin joined the Firm as Of Counsel in June, 2000, and became a partner in

January 2002. He graduated cum laude from Yale College in 1969, and after obtaining a Masters

degree from the University of Michigan in 1971, he received his J.D. degree from Harvard Law

School in 1974.

In addition to securities litigation, Mr. Prussin has extensive experience in derivative

actions. He has published several articles on the subject of the standards and procedures for

obtaining dismissal of shareholder derivative actions, including “Termination of Derivative Suits

Against Directors on Business Judgement Grounds: From Zapata to Aronson” published in 39 The

16

Business Lawyer 1503, 1984; “Dismissal of Derivative Actions Under the Business Judgement Rule:

Zapata One Year Later,” published in 38 The Business Lawyer 401, 1983; and “The Business

Judgement Rule and Shareholder Derivative Actions: Viva Zapata?,” published in 37 The Business

Lawyer 27, 1981.

Mr. Prussin was special litigation counsel in Summit Metals, Inc. v. Gray, a derivative

action which resulted in entry of a judgment, after trial, of $43 million in cash, plus an order

transferring the stock of two multi-million-dollar companies to the plaintiff. He was also one of the

lead lawyers in re Livent Noteholders Securities Litigation Mr. Prussin is co-lead counsel in several

of the Firm’s pending derivative actions.

Before joining the Firm, Mr. Prussin was a named partner in Harnes, Harnes, Prussin

& Keller, which specializes in representing plaintiffs in shareholder derivative and class action

litigation, particularly those involving self-dealing by corporate officers, directors and controlling

shareholders. Mr. Prussin played a key role in several landmark derivative cases in the Delaware

courts, and has appeared repeatedly before the Delaware Supreme Court.

Prior to joining Silverman, Harnes in 1994, Mr. Prussin was of counsel to Weil,

Gotshal & Manges. While there, he represented numerous corporate defendants in shareholder

derivative actions and class actions, and also in general commercial, bankruptcy and antitrust

disputes.

RUSSEL N. JACOBSON

Russel N. Jacobson received an A.B. magna cum laude from Harvard College in

1984, where he was elected to Phi Beta Kappa, and a J.D. magna cum laude from Harvard Law

School in 1987. He joined the Firm as a partner in 2004.

17

Mr. Jacobson began his legal career by serving as a law clerk to then Judge (now Justice)

Anthony M. Kennedy on the U.S. Court of Appeals for the Ninth Circuit. Thereafter, he was a

litigation associate at Dickstein Shapiro Morin & Oshinsky in Washington, D.C., where he was

engaged primarily in the defense of white-collar criminal and securities fraud matters, and in

complex business litigation.

Mr. Jacobson then served as a federal prosecutor for more than a decade. From 1997 until

he joined the Firm, Mr. Jacobson was an Assistant United States Attorney with the United States

Attorney's Office for the District of New Jersey. There he investigated and prosecuted diverse

federal criminal cases, including international money laundering offenses, securities fraud, other

frauds, tax offenses, and additional federal crimes. From 1991 through 1997, Mr. Jacobson was a

Trial Attorney with the Fraud Section of the Criminal Division at the United States Department of

Justice in Washington, D.C. While at the Fraud Section, Mr. Jacobson investigated and prosecuted

complex business crimes, including financial institution fraud, securities fraud, and other white-

collar offenses. Mr. Jacobson also served in 1993 as a Special Assistant United States Attorney with

the United States Attorney's Office for the Eastern District of Virginia. During his service as a

federal prosecutor, Mr. Jacobson conducted numerous trials, and received many awards in

recognition of the excellence of his work.

ROBERT J. AXELROD

Robert J. Axelrod joined the Firm upon his graduation from Brooklyn Law School

in 1995, where he served as Executive Notes and Comments Editor of the Brooklyn Law Review.

Mr. Axelrod practices securities, antitrust, and healthcare litigation. As a member of the Firm’s

insurance practice group, Mr. Axelrod currently is prosecuting actions on behalf of clients including

18

the American Medical Association, the American Dental Association, the Medical Society of the

State of New York, and the New York State Unified Teachers, against such insurers as United

Healthcare Corporation, Aetna, Inc., Wellpoint, CIGNA, Metropolitan Life Insurance Company,

Health Net, Inc., Guardian Life Insurance Company, First American Title Insurance Company, and

Mutual of Omaha Insurance Company, among others. Mr. Axelrod was on the successful trial team

in the action against American Medical Security. Additional healthcare cases that Mr. Axelrod has

litigated include Batas v. Prudential, American Medical Ass’n et al. v. United Healthcare Corp. et

al., and Wachtel v. Guardian Life Ins. Co. Among the securities and antitrust actions he has

prosecuted are Cross v. Dickstein Partners, Inc., In re Schick Technologies, Inc. Securities Litiga-

tion, In re Nasdaq Market Makers Antitrust Litigation, and In re Flat Glass Antitrust Litigation.

Mr. Axelrod’s presentations to institutional investors include speeches before public pension

fund trustees on the topics “Corporate Governance: Ensuring Investor Confidence,” “Improving

Board Governance: Policies and Procedures,” and “Surviving the Scandals: Implications of Late

Trading, Market Timing, and the New Mutual Fund Regulatory Regime.” He is a member of the

National Association of Public Pension Attorneys (NAPPA), and serves on the advisory board of

the Louisiana Trustee Education Council (LATEC).

Mr. Axelrod is also a member of the Association of the Bar of the City of New York, the

New York State Bar Association, and the American Bar Association, and serves as a member of the

Class Action Committee of the New York State Bar Association. Mr. Axelrod is a member of the

Temple University College of Liberal Arts Alumni Board, and served as Cubmaster of Cub Scout

Pack 225 in Centerport/Greenlawn, New York.

CHERYL HAMER MACKELL

19

Cheryl Hamer Mackell joined the Firm in February 2003 to head up its Washington,

D.C. office. She is a 1973 graduate of Columbia University and a 1983 graduate of Lincoln

University Law School. She studied tax law at Golden Gate University and holds a Certificate in

Journalism from New York University.

Before joining the Pomerantz Firm, Ms. Mackell served as of counsel to nationally

known securities class action law firms focusing on plaintiff securities fraud litigation. In private

practice for 20 years, she has litigated, at both the State and Federal levels, Racketeer Influenced and

Corrupt Organizations, Continuing Criminal Enterprise, death penalty and civil rights cases. She

has authored numerous criminal writs and appeals.

She was an Adjunct Professor at Pace University, Dyson College of Arts and

Sciences, Criminal Justice Program and The Graduate School of Public Administration, where she

taught Non-Profit Corporate Law, from 1996 to 1998.

Ms. Mackell has served as vice-chair of Freeing the Innocent Imprisoned Committee,

chair and vice-chair of the Death Penalty Litigation Committee, Liaison to American Bar

Association, and a member of the Nominating Committee of the National Association of Criminal

Defense Lawyers. She has also served on numerous non-profit boards of directors including Shelter

From the Storm, the Southern California Coalition on Battered Women and the Native American

Preparatory School and is a former member of Hollywood Women’s Political Committee. She is

a member of the American Bar Association's Litigation and Individual Rights Sections, the

Corporate, Finance & Securities Law Section of the District of Columbia Bar, the National

Association of Public Pension Attorneys and the AFL-CIO Center for Working Capital's National

Advisory Council of Employee Benefit Professionals.

20

MARY E. NEU-STOPPELMAN

Mary E. Neu-Stoppelman became Of Counsel to the Pomerantz Firm in 2003. She

graduated cum laude from Tulane University Law School in 1988 and received her Bachelors in

Business (in 1980) and Education (in 1981) from Indiana University.

Ms. Neu-Stoppelman focuses her practice on securities, antitrust and healthcare class

actions. She is a member of the Association of the Bar of the City of New York.

WILLIAM P. BODKIN

William P. Bodkin graduated cum laude from Brooklyn Law School in 2001. While

in law school, Mr. Bodkin served as a law clerk intern to the Hon. Richard M. Berman, U.S.D.J.,

S.D.N.Y.

Mr. Bodkin began his career as an associate of LeBoeuf, Lamb, Greene and MacRae,

where he specialized in reinsurance dispute resolution and financial institution market conduct

defense. During his tenure at LeBoeuf, Mr. Bodkin co-authored the article “Caveat Reinsurer:

Reinsuring Punitive Damages Under ECO Clauses,” which appeared in the Journal Of Tort &

Insurance Law, Vol. 37, No.1 (Fall 2001).

In addition to an understanding of complex financial transactions, Mr. Bodkin brings

an insider’s knowledge of the financial industry to his practice in Securities Litigation. During the

mid-1990's, Mr. Bodkin held his NASD Series 7, 63, and 65, along with New York State Life,

Health, and Variable Annuity Licenses while serving as a licensed representative in the financial

services industry.

JASON S. COWART

21

Jason S. Cowart graduated cum laude from Northwestern University Law School in

1999. While in law school, he won the Moot Court competition and was an editor of the Journal of

International Law and Business.

After law school, Mr. Cowart served as a law clerk to United States District Court

Judge Richard Enslen. Prior to joining Pomerantz, Mr. Cowart was a litigation associate at Sidley

Austin Brown & Wood LLP for over four years. During that time, Mr. Cowart concentrated his

practice on complex commercial litigation including antitrust, contract, fraud, and health care-related

matters.

Mr. Cowart is the co-author of State Immunity, Political Accountability and Alden

v. Maine, 75 Notre Dame L. Rev. 1069 (2000).

LEIGH HANDELMAN SMOLLAR

Leigh Handelman Smollar became associated with the Firm in January, 2002, and

is practicing in the Chicago office. She graduated from Chicago-Kent College of Law in 1996.

Upon her graduation, Ms. Handelman Smollar spent the next 5 years specializing in complex

litigation, handling a broad variety of matters.

Ms. Handelman Smollar co-authored an article for the Illinois Institute for Continuing

Legal Education (IICLE) entitled “Shareholder Derivative Suits and Stockholder Litigation in

Illinois ” published in IICLE Chancery and Special Remedies 2004 Practice Handbook. She is also

a member of the Illinois State Bar Association.

22

JEREMY A. LIEBERMAN

Jeremy A. Lieberman graduated from Fordham University School of Law in 2002.

While in law school, Mr. Lieberman served as a staff member of the Fordham Urban Law Journal.

Upon graduation, Mr. Lieberman began his career at Chadbourne & Parke LLP as

a litigation associate, where he specialized in complex commercial litigation and products liability.

Mr. Lieberman became associated with the firm in August 2004. He is a member of

the New York State Bar Association.

MURIELLE STEVEN WALSH

Murielle Steven Walsh graduated cum laude from New York Law School in 1996, where she

received the Irving Mariash Scholarship. Ms. Steven Walsh specializes in securities litigation. She

is a member of the New York State Bar Association Committee on Media Law. Ms. Steven Walsh

is admitted to the New York bar and the United States District Court for the Southern District of

New York.

SUSAN J. WEISWASSER

Susan J. Weiswasser graduated from Brooklyn Law School in 2000. While in law

school, Ms. Weiswasser served as a law clerk intern to the Honorable Edward R. Korman, Chief

Judge of the United States District Court for the Eastern District of New York. Ms. Weiswasser also

served as a legal intern with the New York State Capital Defender Office.

Ms. Weiswasser focuses her practice on health insurance and other class action

insurance litigation.

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* Peer Review RatingsW Joseph W. Cotchett, (Managing Partner) born Chicago, Illinois, January 6, 1939 ;M Practice Development admitted to bar, 1965, California ; 1972, U .S . Supreme Court ; 1980, District o fCenter Columbia. Education : California State Polytechnic College (B .S ., Engineering, 1960) ;a Counsel to Counsel Forums Hastings College of Law, University of California (LL .B ., 1964) . Author: "Discovery of

Experts Work," California Trial Lawyers Association Journal, Spring, 1967;Ell orate .martindaie .com "Experimental Evidence in Products Liability," California State Bar Journal, November,c~ eAttorney 1969; "The Class Action-The Coming Tool," American Trial Lawyers Association ,I LexisNexis''14 February, 1971 ; "Judicial Salaries: Inflation vs . Justice," Trial Magazine, July, 1980 ;

i LawCommerce.comsM "Shield or Sword: The Fifth Amendment Privilege In Commercial Cases ." Trial13 LawyerLocator.Co.Uk Magazine, May, 1982; "Lawyer and Accountant Liability in Business Litigation," CTLAC3 Anwa}t24.de Forum, 1985; "Liability of Accountants and Lawyers," Trial Magazine, April, 1987 ;

23 martindale .co.il "Punitive Damages: They Belong to the Public," International Society of BarristersQuarterly, Vol- 28, No . 4 (1994) . Co-author: California Products Liability Actions ,

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Matthew-Bender, 1970 ; California Courtroom Evidence, Parker & Son, 1972 ; FederalCourtroom Evidence, Parker & Son, 1976 ; The Ethics Gap, Parker & Son, 1991 ;California Courtroom Evidence Foundations, Parker Publications, 1993 ; PersuasiveOpening Statements and Closing Arguments, California Continuing Education of theBar, 1988; "Effective Opening Statements," California Litigation, Journal of theLitigation Section, State Bar of California, 1991 ; "Jury Trial Tips : Witnesses," CaliforniaLitigation, Journal of the Litigation Section, California State Bar, 1991 ; "WinningThrough A More Effective Direct Examination," California Litigation, Journal of theLitigation Section, California State Bar, 1991 ; "Jury Trial Tips : High Tech Tools,"California Litigation, Journal of the Litigation Section . California State Bar, 1992 ;"Arguing Punitive Damages," Civil Litigation Reporter, California Continuing Educationof the Bar, 1990 ; "Punitive Damages : How Much Is Enough?" Civil Litigation Reporter,California Continuing Education of the Bar, 1998 . Contributing Author: Class ActionPrimer, Law Journal Press, 1973 ; Objections to Evidence and Preserving the Record,California Civil Procedure During Trial, CEB, 1982 ; Winning Strategies andTechniques For Civil Litigators, Practising Law Institute, 1992 . Lecturer : AntitrustActions, The National College of Advocacy, Harvard Law School, 1974 ; Class Actions ;University of Southern California, 1975 ; Multidistrict Procedure, 1977 and FederalEvidence, 1979, University of Nevada ; Securities Litigation, Georgetown University,1978; Trial Practice, Hastings Center for Advocacy, 1985 ; CEB, Federal PracticeInstitute, 1985-1997 ; CEB Annual Federal Trial Practice Institute, 1985-1997 ; CEB,Advanced Course of Study : Federal Practice, 1998 ; State Bar of California, LitigationSection, Champions of the Courtroom, 1998 Annual Trial Symposium . Special Counselto Governor Edmund G . Brown, Jr., 1975. Co-Chairman, Governor's Task Force OnAgricultural Labor Relations Law, 1976 . Member, Judicial Council of the State ofCalifornia, 1977-1978 . Member, Judicial Council Commission on the Future of TheCourts, appointed by Chief Justice Malcolm Lucas, 1991-1993 . Member : SelectCommittee on Judicial Retirement, 1993-1994, Appointed by Chief Justice MalcomLucas. Member, Judicial Council Task Force on Complex Civil Litigation, appointed byChief Justice Ronald George, 1997-1999 . Special Assistant Attorney General, State ofSouth Dakota, 1978-1984. Member, California Commission on Judicial Performance,1985-1989. Member: Board of Directors, Hastings College of the Law, University ofCalifornia, 1981-1993; Hastings Blue Ribbon Committee, 2002- . Member, Board ofDirectors, Disability Rights Advocates, 1995-2002 . Member, Board of Directors, WitkinLegal Institute, 1996-. Member, National Panel of Arbitrators, American ArbitrationAssociation . Member, Board of Directors, Bay Meadows Charitable Foundation(1995-) . Member, Board of Directors, Public Citizen Foundation (1996-) . Member,Board of Directors, California Works Foundation, (2000-) . Member, Animal LegalDefense Fund (1999-) . Member, Federal Judicial Advisory Committee, CentralDistrict of California . Member, Board of Advisors, Army War College (2000-) .Member, Board of Directors, U .S . District Court, Northern District of CaliforniaHistorical Society (1995--). Chair, Board of Directors, Leo T . McCarthy Center forPublic Service and The Common Good, 2003-. Member, Board of Directors,Earthjustice, 2003. Member, Lawyers' Committee for Civil Rights of San Francisco BayArea, 2004-. Fellow : American College of Trial Lawyers ; American Bar Foundation ;International Academy of Law and Science ; International Academy of Trial Lawyers(Member, Board of Directors, 1997-) ; International Society of Barristers . Member:San Mateo County (Member, Board of Directors, 1970-1972) and American (Member,Antitrust Section ; Vice-Chair, Committee on Commercial Torts, Section of Tort andinsurance Practice, 1989-1990) Bar Associations : The State Bar of California(Member, Board of Governors, 1972-1975; Vice President, 1974-1975) ; San FranciscoLawyers Club ; San Mateo County Trial Lawyers Association (President, 1969) ;California Trial Lawyers Association (Member, Board of Governors, 1969-1972 ; VicePresident, 1972) ; Consumer Attorneys of California; (Presidential Award of Merit,2000) ; Association of Business Trial Lawyers ; The Association of Trial Lawyers ofAmerica (Secretary, Commercial Tort Litigation Section, 1971 ; Chairman: Consume r

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Protection Committee . 1971 ; Chairman , Federal Courts Commi tt ee, 1978-1982 :Member , Board of Governors , 1983-1986) ; Trial Lawyers for Public Justice ( President,1986 - 1987 ; Member, Board of Governors , 1982-) ; American Board of Trial Advocate,(Advocate, 1981-; Nati onal Board of Directors , 1999) ; California State Park andRecreation Commission, appointed by Governor Gray Davis ( 2000 ; Chair , 2001-2002)Roscoe Pound-American Trial Lawyers Foundation (1999) . [Col-, JAGC , USAR, 1960-1990, active duty, 1960- 1961] . (Certified as a Civil T ri al Advocate , National Board ofTrial Advocacy ) . AV Peer Review Rate d

Frank M. Pitre , ( Member) bo rn San Francisco , California , Janua ry 17,1955 ; admittedto bar , 1981 . California ; 1985, U . S. Supreme Court . Education : University of SanFrancisco ( B .S ., cum laude , 1977 ; J .D ., 1981 ) . Legal Externship, California SupremeCourt , 1980. Law Clerk , San Mateo County Superior Court, 1981 . Author: "Abuse ofProcess," California Tort Damages , California Continuing Education of the Bar, 1988 ;'Tort Trends," The Docket, San Mateo County Bar Association, 1989-1994 . Co-Author:"Ju ry Instructions : A Practical Approach to their Use," Civil Litigation Reporter , March,1984; "Arguing Punitive Damages," Civil Litigation Reporter , California ContinuingEducation of the Bar, 1991 ; "Effective Opening Statements ," California Litigation,Journal of the Litigation Section , Califo rnia State Bar, 1991 ; "Jury Trial Tips :Witnesses," Californ ia Litigation, Journal of the Litigation Section, California State Bar,1991, ; "Winning Th ro ugh A More Effective Direct Examination," California Litigation,Journal Of The Litigation Section , Califo rn ia State Bar, 1991 ; "Ju ry Trial Tips : HighTech Tools ," Califo rnia Litigation , Journal of the Litigation Section , Califo rn ia State Bar,1992 . Consultant , "California Civil Practice," Bancroft-Whitney , 1992 ; "California T rialPractice : Civil Procedure During Trial," CEB , 1995; "Califo rn ia Personal Inju ry P ro of:Update," CEB, 1996-. Panelist : "Fundamentals of Civil Litigation Before Trial,"California Continuing Education of the Bar, 1988 and 1990 ; "Ju ry Instructions,"California Continuing Education of the Bar, 1986 ; " Proving Injuries To The Body AndMind," San Diego Tri al Lawyers Association , 1989; "Tort Damages : How To IdentifyAnd Prove Them," California Continuing Education of the Bar, 1989 ; "Jury Voir DireSkills Workshop," California Continuing Education of the Bar, 1989 ; "Trial Preparation :The War To End All Wars ," Association of Defense Counsel of Northern California,1991 ; "Evaluation & Se tt lement," San Mateo County Trial Lawyers Association, 1991 :"Trial Video : Litigation In The Televisual Age ," California Conti nuing Education of theBar, 1991 and 1993; "Premises Liability Seminar," San Mateo T rial LawyersAssociation , 1994; "Deposition Fundamentals," Lorman Business Center, 1995- ;"Preparing For T ri al The Last 100 Days," California Continuing Education of the Bar,1994 , 1996 , 1997 and 1998; "Mass Torts: The Future Is Here," Consumer A ttorneys ofCalifornia , 2000 ; "Jury Trials in the Aftermath of September 11th," Consumer Attorneysof California , 2001; "Ju ry Selection: Overcoming Juror Bias," Consumer Attorneys ofCaliforn ia , 2002, 2004 ; " Jury Selection ," San Francisco Trial Lawyers, 2003 ; "Legendsof Litigation : The Art of Examination ," CEB 2003 ; " Evidence For the Trial Practitioner inCalifornia," Lorman Education Services , 2003 ; "The Art of Jury Selection ," ConsumerAttorneys of California , 2003; " Effective Opening Statements & Closing Arguments,"California Continuing Education of the Bar, 2004 ; "Opening Statements and Hearsay,"Lorman Business Center, 2004 . Lecturer: Working With Experts, Hastings College ofAdvocacy, 1987; Overlooked Torts in Business Litigation, California T ri al LawyersAssociation , 1987; Closing Arguments , Hastings College of Advocacy, 1989 ; "T rialPreparation ," Hastings College of Advocacy, 1992 . Faculty : Hastings College ofAdvocacy , 1988-1994; University of San Francisco , "Trial Skills Workshop ," 1992,1995-1998 ; "Creative Opening Statements ," California Trial Lawyers Association ,1994 ; "Creative Use Of Video Evidence," Consumer A ttorneys of California, 1995 ;"Evaluation Of A Case ," Santa Clara University , 1996; "How to Handle The Trial Of aTrademark/Trade Dress Claim ; The Kendall-Jackson v . Gallo Case," Business Sec ti onof the San Mateo County Bar Association , 1997;'The Case Against the TEC -9 AssaultRifle," Consumer A ttorneys of California, 1998 ; "Diet Center Liability and the Fen-Phen

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Cocktail," Consumer Attorneys of California, 1999 ; 'ips on Jury Selection for aBusiness Tort Case," Consumer Attorneys of California, 1999 ; "The First AmendmentChallenge to Product Liability Suits," Consumer Attorneys of California, 2000 . JudgePro Tem, San Mateo County Superior Court, 1993-. Member: Bar Association of SarFrancisco ; San Mateo County (Member, Board of Directors, 1996-2001) and AmericanBar Associations ; The State Bar of California ; San Mateo County Barristers (Member,Board of Directors, 1984-1986) ; Consumer Attorneys of California (Member : Board ofGovernors, 1998-; Financial Secretary, 2001-2002 ; Vice President, 2002-2004 ;President-Elect, 2004-2005); Consumer Attorneys of San Mateo County (Member,Board of Directors, 1996-2001) ; Association of Business Trial Lawyers (Member,Board of Directors, 1996-2000) ; Association of Trial Lawyers of America ; AmericanBoard of Trial Advocates (Associate, 2000-) . (Certified Civil Trial Advocate, NationalBoard of Trial Advocacy). AV Peer Review Rated

Bruce L . Simon , (Member) born San Francisco, California, November 19, 1953;admitted to bar, 1980, California ; 1985, U .S . Supreme Court. Education : University ofCalifornia at Berkeley (A .B ., with high honors, 1977); Hastings College of Law .University of California (J .D ., 1980) . Editor, ATLA Newsletter for the CommercialLitigation Section, 2001 . Contributor, Communication and Entertainment Law Journalof the Hastings College of Law, 1979-1980. Co-Author: "Plaintiffs Perspective on JuryStrategies" and "Creative Use of Deposition Testimony at Trial," Accountants' Liability,1990, Trial Strategies, Practicing Law Institute and California Continuing Education ofthe Bar; "Accountants' Liability : Calculation of Damages," Accountants' Liability 1991,Practicing Law Institute . Practice Consultant, "Malicious Prosecution and Abuse ofProcess," Bancroft Whitney's California Civil Practice, Torts, Chap. 19 ; "ClassCertification in Unfair Business Practices Cases," California Antitrust Law, Antitrustand Unfair Competition Law Section of the State Bar of California, 2002 ; "Cutting EdgeIssues in Unfair Competition Law-What You Must Know," Antitrust and UnfairCompetition Law Section, State Bar of California, May 2003 ; "Class Certification inCompetition and Consumer Protection Cases," Treatise Chapter, Unfair CompetitionLaw Section, State Bar of California, 2002 . Author : "Legal Technology You Must Knowto Practice Law in the 21st Century," San Mateo County Bar Association Web Site,1997; "Accounting Malpractice : When the Numbers Don't Add Up," ConsumerAttorneys of California Annual Convention, 1999 ; "An Overview of Indirect PurchaserActions and Class Certification," State Bar of California, The Journal of the Antitrustand Unfair Competition Law Section, Competition, 2001 ; "Save the Case Using theDiscovery Rule," ATLA Journal of the Association of Trial Lawyers of America TrialMagazine, 2002; "Unlearned Lessons : Why Companies Are Able to Commit FinancialFraud," Journal of the Association of Trial Lawyers of America Magazine, 2003 ; "ACommonsense Approach To Financial Fraud Cases," ATLA Trial Magazine, April2003. Guest Lecturer, "Accountants' Liability," San Jose State University BusinessSchool, 1990-1992 . Author and Speaker : "Coming to Grips With the ComplexCommercial Case," California Trial Lawyer Association Annual Tahoe Seminar, 1992 ;Practice Consultant Bancroft-Whitney's California Civil Practice, Torts, Chapter 19,"Malicious Prosecution and Abuse of Process," 1992 . Faculty Member , NationalInstitute for Trial Advocacy, Western Deposition Program, 1992-1993 . Panelist: TheLitigation Section of the Bar Association of San Francisco and the San FranciscoChapter of the California Society of CPAs, "The Accounting Profession on Trial- Bilyand Beyond," 1993; American Inns of Court, "The Leadership Challenge : PracticalApplications for the Trial Lawyer", 1995-1997 . Speaker : "Current issues in AccountantLiability," Santa Clara County Bar Business Litigation Section, 1990 ; 'he Use ofVideo Depositions,' CSPA SF Chapter CPE Extravaganza, May 1996 ; "ProductsLiability," ALI-ABA Course, July 1996 ; "Indirect Purchaser Actions and ClassCertification," ATLA Annual Seminar, 2001; "What Makes a Good Expert Witness,"Business Valuation Roundtable, San Francisco, CA, 2001 . Consumer Attorneys ofCalifornia, Speaker, "Legal Technology," 1996 ; "Cutting Edge Products Liability

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issues," Nov. 2000; American Bar Association International Forum 2004 ; TheInternational Cartel Workshop . Speaker: Continuing Education of the Bar AnnualRecent Developments Program, 1996-2003 ; Continuing Education of the Bar,"Advanced Course on Products Liability Litigation," October, 2000 ; Western TrialLawyers Association Legends of Litigation Il, "Handling the Financial Fraud Case,"1998; "Use of Technology in Deposition and Trial," San Mateo County Bar Association1997; "Emerging Issues in Toxic Torts," Consumer Attorneys of California AnnualSeminar, December 1998 ; A Primer for Trial Lawyers-Antitrust Actions, a New Look,"Montana Trial Lawyers Association, February 2000 ; Association of Business TrialLawyers "Antitrust and the New Economy," September 2000 ; "Unlearned Lessons :Accounting and Financial Fraud," Association of Business Trial Lawyers Report, 2003 ;"Initiating the Damage Action," International Forum, 2002 : Cartel Workshop; "LitigatingAgainst Lead," The State Bar of California Environmental Law Conference, 2002 .Consumer Attorneys of California, Speaker, "B&P Code Section 17200 Claims andWhat They Mean to You," 2002 ; "An Historical Perspective on the Current AccountingCrisis," ABTL Report, February 2003 ; "The Mega-Antitrust Class Action : Weaving YourWay Through the Notice and Claims Procedure," Lunchtime Seminar Antitrust & UnfairCompetition Section, State Bar of California . Pro Tern Judge and Court Commissioner,San Mateo County Municipal Court, 1985-1992 . Pro Bono Member, San Mateo CountyBar Ad Hoc Committee assisting the Municipal Court in Drafting Local Rules on DelayReduction, 1990 . Volunteer Investigative Attorney, California State Bar, 1985-1986 .Volunteer, San Mateo County Legal Aid Society . Commissioner, National Boy ScoutsJamboree, 2001, Founding Member, Senator Jackie Speier Senate Forum, 2001 .Member, Board of Directors, Hastings College of the Law, University of California,2003-2015. Member: San Mateo County (Member, Bench, Bar, Media , CommunityAffairs Committees and Membership Committee ; San Mateo County Legal TechnologySection) and American Bar Associations; The State Bar of California (Member Antitrustand Unfair Competition Executive Committee of the State Bar, 2000 ; CouncilRepresentative, Antitrust and Unfair Competition Section, 2004; Vice-Chair, OtherPrograms, Antitrust and Unfair Competition Section, Executive Committee, 2002) ;Consumer Attorneys of California ; San Mateo County Trial Lawyers Association ; TheAssociation of Trial Lawyers of America (Chair, Class Action Sub-Committee of theBusiness Torts Section, 2000 ; Secretary, Business Torts Section, 2002 ; Chair,Business Torts Section, 2004) ; Association of Business Trial Lawyers (Member, Boardof Governors, 2001-2002), Northern California ; Western Trial Lawyers Association(Member, Board of Directors, 1998) . Edward J . McFetridge American Inn of Court,Barrister. AV Peer Review Rated

Niall P . McCarthy, (Member) born San Francisco, California, May 6, 1967 ; admitted tobar . 1992, California ; 2001, U .S . Supreme Court . Education : University of Californiaat Davis (B.A., 1989) ; Santa Clara University (J .D ., 1992). Selected: Top 20 LawyersUnder 40, California Law Business, 2002 ; "40 Under 40," Most Successful Litigators inAmerica Under 40, National Law Journal, 2002 . MCLE Panelist : "Courtroom Conduct :Tactics, Contempt and Common Sense," 1999 ; "Elder Abuse," 1999, 2000, 2001,2002, 2003; "Fundamentals of Business Litigation," 2000 ; "Healthcare Qui TamActions," 2002; "Complex Litigation Strategies," 2002, "Class Actions in CaliforniaState Court," 2002, 2003 ; "Unfair Business Practices-B&P Code 17200 And Beyond,"2003 ; "Recent Developments in Private Attorney General Litigation," 2003; "Discoveryfor Trial," 2003; "Duties of Class Counsel," 2004 . Co-Author ; "California Qui TamActions : A Primer for the General Litigator," 1997 . Author: "The Eider Abuse Statute :California's Underutilized Law," 1998 ; "Elder Abuse : Recent Legal and LegislativeDevelopments," 1999 ; "Financial Elder Abuse in Real Estate Transaction Under the2000 Revisions to the Elder Abuse Act," 2000; "Elder Abuse Claims Not Subject toMICRA," 2001 ; "Home Equity Loss in California Through Predatory Lending," 2002 ;"Recent Developments in False Claims Act Healthcare Litigation," 2002 ; "Certifying AMultistate Business & Professions Code Section 17200 Class Action After Washington

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Mutual," 2003 . Co-Author : "Predatory Practices In Mortgage Contract Servicing," 2004Member : San Mateo County and American Bar Associations ; State Bar of California ;San Mateo County Barri sters , San Mateo County (President, 1997) ; Chair, San MateoCounty Bar Business Litigation Section (2001-2002) ; San Mateo County Trial LawyersAssociation ; (President, 2004-); Association of Trial Lawyers of America ; Associationof Business Trial Lawyers ; Western Trial Lawyers Association ; Consumer Attorneys ofCalifornia ; University of San Francisco American Inn of Court ( Barrister) ; Million DollarAdvocates Forum . AV Peer Review Rate d

Nancy Leavitt Fineman, (Member) born San Francisco, California, April 29, 1960 ;admitted to bar, 1986, California . Education : University of California, Berkeley (A.B .,1981) ; Hastings College of the Law ; Boalt Hall School of Law (J .D ., 1986) . Member,Thurston Society . Recipient, American Jurisprudence Award in Evidence . ContributingAuthor: Chapter on Partition and Distribution in Texas Probate, Estate and TrustAdministration, Matthew Bender, 1993 . Speaker : Torts Practice: RecentDevelopments, Continuing Education of the Bar, 2001, 2002, 2003, 2004 ; "ClassActions : A Federal and State Court Comparison, State Bar of California, 2000 ;Paralegals and the Litigation Team in California, 1999 ; Consumer Attorneys ofCalifornia Seminars on Fen-P hen Litigation, March and November, 1999 ; The SmallFirm Alternative, Boalt Hall, 1998 ; "Who's Liable for What in Sexual HarassmentCases," Labor & Employment Law Seminar, State Bar of California . Speaker andAuthor : "How to Litigate Your First Civil Trial in California," National Business Institute,2003, 2004; "Trial Preparation from Start to Finish for California Paralegals," Institutefor Paralegal Education, 2002 . Co-Author with Joseph W . Cotchett, "Enron, ArthurAnderson and Wall Street, Slain by Trial Lawyers," ATLA 2003 . Co-Author with JosephW. Cotchett and Bruce L. Simon, "Developing Damage Theories in Commercial ClassActions," National College of Advocacy, 2000 . Co-Author, "Sexual Harassment Cases :A Plaintiffs Perspective," Labor & Employment Law Seminar, State Bar of California,October 1998. Panelist: San Mateo County Women Lawyers Section on Law andMotion Practice, 1993 . Commissioner, Commission on Judicial Nominees Evaluation,1996-1999. Judge Pro Tem, San Mateo County Superior Court, 1996- . President,San Mateo County Women Lawyers' Section Educational Foundation, 2000-2003 .Chair, San Mateo County Professional Equality Committee . 2000-2003 . Member: SanMateo County Bar Association ; State Bar of California ; California Women Lawyers .

AV Peer Review Rated

Mark C . Molumphy, (Member) born San Mateo, California, September 28,1966,-admitted to bar, 1993, California ; 2001, U .S . Supreme Court . Education : University ofCalifornia at Berkeley (B .A., 1989) ; Edinburgh University; University of San Francisco(J .D ., 1993). Law Clerk, San Francisco County Superior Court, 1992 . Co-author :"Punitive Damages: How Much Is Enough?" Civil Litigation Reporter, CaliforniaContinuing Education of the Bar, 1998 . Panelist, "Strategic Tips For SuccessfullyPropounding & Opposing Written Discovery," California Continuing Education of theBar, 1999 ; "Punitive Damages : Maximizing Your Client's Success or Minimizing YourClient's Exposure," California Continuing Education of the Bar, 2001 . Member: SanMateo County (Member, Business and Litigation Section ; Executive Committee, 1995-1999; Chair, 1996) and American Bar Associations ; State Bar of California ; San MateoCounty Barristers (Director, 1993-1999 ; Treasurer, 1996 ; Secretary, 1997 ; VicePresident, 1998; President, 1999) ; Association of Business Trial Lawyers ; University of;San Francisco American Inn of Court (Barrister) ; San Mateo County Legal Aid Society(Member, Board of Directors, 1998-2004) .

Steven N . Williams , (Member) born Mineola, N .Y ., 1963; admitted to bar, 1992, NewJersey; 1993, New York ; 1994, California ; 1996, U .S . Supreme Court . Education :New York University (B .A., 1986) ; Fordham University School of Law (J .D ., 1992).Author: Moore's Federal Practice, Chap . 671 (Federal Habeas Corpus) (3d Ed .

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Matthew Bender 1997) ; "Successful Contracting Based on Candor, Realism, andCommon Goals," Remediation (John Wiley Summer 1995) ; Co-Author: "ReauthorizingSuperfund : Problems and Prospects," New York Law Journal, March 29, 1994 .

Presentations: "Developments In MTBE Litigation," Consumer Attorneys of California,2002; "Using the Internet for Research," North San Mateo County Bar Association,1998; "Regulatory Developments," Environmental Information Association AnnualConference, 1994 . Member : San Mateo County Bar Association ; San Mateo CountyBarristers (Officer, 1997-1999) ; Consumer Attorneys of California : Trial Lawyers forPublic Justice ; Association of Trial Lawyers of America . Practice Areas :Environmental ; Antitrust . AV Peer Review Rated

ASSOCIATES

All Abtahi, (Associate) born Tehran, Iran, July 16, 1974; admitted to bar, 2002,Wisconsin and U .S . District Court, Western District of Wisconsin ; 2003, California .

Education : University of Wisconsin-Madison (B .S ., 1996; J .D ., cum laude, 2001) ;Harvard School of Public Health (M.S ., 1999) . Co-Author: with Derrig RA ., Segui-Gomez M ., et ai . The Effect of Population Safety Belt Usage Rates on the Number ofMotor Vehicle-Related Fatalities," Accident Analysis & Prevention, 34 : 101-110, 2002 ;with Meili S . Phillips M ., "Consumer Law : Advances and Setbacks," Advancing theConsumer Interest, 12(2): 33-41, Fall 2000; with Mueller N ., Okayama A ., et at . "Lackof Evidence for a Role of HTLV-I in the Occurrence of Subclinical HAM/TSP in theMiyazaki Cohort Study," Journal of AIDS, 24(1) : 86-87, May 1, 2000. Languages:Farsi and Spanish . Send an Email

Kelly Bulawsky , (Associate) born Burlingame, California, April 29, 1979; admitted tobar, 2004, California ; 2005, U .S . District Court, Northern and Southern Districts ofCalifornia ; . Educa tion : University of San Diego (B .S., 2001) ; McGeorge School of Law(J .D ., 2004)_ Member: San Mateo County Bar Association (Member, Women LawyersSection) ; State Bar of California ; California Women Lawyers ; Consumer Attorneys ofCalifornia ; San Mateo County Trial Lawyers . Practice Areas : Civil Litigation ;Consumer Protection ; Business Litigation .

David A. Carducci , (Associate) born San Jose, California, November 30, 1965 ;admitted to bar, 1991 . California . Education : San Diego State University (B.A., 1988) ;University of San Diego School of Law (J .D ., 1991) . Member, San Diego Law Review,1990-1991 . President, Public Interest Law Foundation . Member: San Mateo CountyBar Association ; State Bar of California ; Consumer Attorneys of California . PracticeAreas : Civil Litigation ; Consumer Protection; Unfair Competition ; Securities Fraud .

Philip L . Gregory, (Associate) born Newton, Massachusetts , September 1, 1954 ;admitted to bar, 1980, California, U .S . District Court, Northern District of California andU .S . Court of Appeals, Ninth Circuit . Education : Bowdoin College (B .A ., magna cumlaude , high honors, English, 1976) ; Santa Clara University School of Law (M .B .A.,1980; J .D ., 1980) . Mediator, U .S . District Court, Northern District of California . JudgePro Tern, Santa Clara County Superior Court (Member, Arbitration Panel) . Member :Supreme Court Historical Society ; Historical Society for the U .S . District Court,Northern District of California. Member. San Mateo County, Santa Clara County(Former Chair, Federal Courts Committee) and American Bar Associations ; State Barof California (Founding Chair, Subcommittee on Trade Secrets) ; American Inns ofCourt, William A. Ingram Inn (Treasurer, Executive Committee) . Languages : French .Practice Areas : Intellectual Property Litigation ; Complex Commercial Litigation ;Complex Business Litigation ; Securities Fraud ; Health Care Fraud . AV Peer ReviewRate d

Ara Jabagchourian , (Associate) born Fresno, California, March 26, 1974 ; admitted tobar, 1999, California . Education : California State University, Fresno (B .A., 1996) ;

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Hastings College of the Law, University of California (J .D ., 1999) . Member: BarAssociation of San Francisco ; State Bar of California ; San Mateo County Trial LawyersAssociation . Languages : Armenian . Practice Areas : Antitrust; Commercial Litigation .

Aron K. Liang , (Associate) born Skokie, Illinois, October 3, 1977 ; admitted to bar,2003, California. Education : University of Washington (B .A ., 1999) Golden Key;Hastings College of the Law, University of California (J,D ., magna cum laude , 2003) .Order of the Coif. Member, Thurston Society . Member: San Mateo County andAmerican Bar Associations . Languages : Cantonese. Practice Areas : SecuritiesLitigation ; Civil Litigation . Send an Emai l

Barbara L . Lyons, (Associate) born Hanover, New Hampshire, December 31, 1954 ;admitted to bar, 1994, California and U .S . District Court, Eastern District of California ;2004, U .S . District Court, Northern, Central and Southern Districts of California andU .S . Court of Appeals, Ninth Circuit . Education : Harvard University (A.B ., cum laude,1976) ; University of California, Davis School of Law (J .D ., 1994). Recipient, AmericanJurisprudence Award in Jurisprudence, University of California Davis School of Law,1993 . Member: Sacramento County Bar Association (Member , Business Law Section ;Legislative Affairs Committee, 1995-1997 ; Executive Committee, 1997-1999); SanMateo County Bar Association ; California Women Lawyers ; Consumer Attorneys ofCalifornia ; State Bar of California ; San Mateo County Trial Lawyers Association ; TLPJFoundation ; Association of Trial Lawyers of America . Practice Areas : Civil Litigation .Send an Emai l

Nanci E . Nishimura , (Associate) born Los Angeles, California, June 28, 1953 ;admitted to bar, 1991, California ; 1999, U .S . Supreme Court . Education : University of

Southern California (B .A., 1975, -M .A., 1978) ; The Columbus School of Law, TheCatholic University, Washington, D .C. (J.D ., 1989) . Co-Author : "An Invasion of Privacy :

The Media's Involvement in Law Enforcement Activities," L .A .Ent .L.J . (1999) . Member:Los Angeles County, San Mateo (Member, Women Lawyers Section) and American

Bar Associations ; California Women Lawyers ; Association of Trial Lawyers of America .

Repo rted Cases : Ayeni v. Mottola, 35 F .3d 680 (2d Cir . 1994), cert . denied, 514 U .S .

1062 (1995), affg Ayeni v . CBS inc., 848 F . Supp . 362 (E .D.N .Y. 1994); Hanlon v .Berger , 526 U .S. 808 (1999) (per curiam), on remand, 188 F .3d 1155 (9th Cir. 1999) .

Languages : Conversational Japanese . Practice Areas : Securities ; Consumer Law ;

Antitrust; Class Actions; First Amendment Law ; Fourth Amendment Law.

Niki B . Okcu , (Associate) born Istanbul, Turkey, December 24, 1977 ; admitted to bar,2003, California, U .S . District Court, Northern District of California and U .S . Court ofAppeals, Ninth Circuit . Education : University of California at Santa Cruz (B .A., withhonors, 1999) ; Santa Clara University School of Law (J .D ., 2003) . Member: SanMateo County and American Bar Associations ; State Bar of California ; San MateoCounty Trial Lawyers Association . Languages : Turkish . Practice Areas : CivilLitigation .

Elizabeth Pritzker , (Associate) born Lynn, Massachusetts, 1961 ; admitted to bar,1990, California ; U .S . District Court, Northern District of California ; U .S . Court ofAppeals, 9th Circuit; 1995, U .S . District Court, Central District of California ; 1999, U .S .Supreme Court; 2003, U .S . District Court, Southern and Eastern Districts of California .Education : McGill University (B .A., Economics, 1983) ; University of San FranciscoLaw School (J .D ., 1989). Lecturer, Mass Communications Law, S .F. State University,1999-2002 . Senior Legal Research Attorney, Alameda County Superior Court, 1999-2001. Executive Director/Staff Counsel, First Amendment Project, 1992-1999 .Member: Sunshine Ordinance Task Force, City and County of San Francisco, 1996-1999; Society of Professional Journalists, 1992-2002 . Member: Bar Association ofSan Francisco; Alameda County and San Mateo County Bar Associations ; California

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Women Lawyers ; Consumer Attorneys of California ; Trial Lawyers for Public Justice .Repo rted Cases : Bernstein v . U .S . Dept . Of Justice (9th Cir ., 1999) 176F .3d 1132 ;Church of Scientology v. Wollersheirn (1996) 42 Cal .App .4th 628; City of Richmond v .Superior Court (1995) 32 CaLApp .4th 1430 ; Hunt v . CIA (9th Cir . 1992) 981 F.2d 1116 ;Masonite Corp. v . Superior Court (1994) 25 Cal .App.4th 1430 ; Reno v . American CivilLiberties Union (1997) 521 U .S . 844, 117 S .Ct . 2329; Regents of University ofCalifornia v. Superior Court (1999) 29 Ca1 .4th 509 ; Rivero v . Superior Court (1997) 54CaLApp .4th 1048 . Languages: French . Practice Areas : Civil Litigation ; ClassActions ; Intellectual Property; First Amendment Litigation ; Personal Injury.

Robert G . Retana, (Associate) born Los Angeles, California, June 30, 1962 ; admittedto bar, 1990, California; 2001, U .S . Supreme Court . Education : Columbia University(B .A ., 1984) ; Boalt Hall School of Law, University of California at Berkeley (J .D ., 1990) .Assistant District Attorney, City and County of San Francisco, 1994-1998. Judge ProTern, San Mateo County Superior Court, 2001- . Member, Board of Directors ,Intersection for the Arts, 2003-2004 . Member : Bar Association of San Francisco ; SanMateo County Bar Association ; State Bar of California ; La Raza Centro Legal(Member, Board of Directors, 1991-1996, 1999-2003, Member, Advisory Board,2003-; President, 1994-1996 and 2001-2002) ; San Francisco La Raza LawyersAssociation (Member, Board of Directors, 2002-).

Laura Schlichtmann . (Associate) born San Francisco, California, February 21, 1949 ;admitted to bar, 1994, California ; 2002, U.S . Supreme Court. Education : University ofCalifornia at Berkeley (B .A., with Great Distinction, 1971) ; Cornell University (M .R.P .,1973) ; Boalt Hall School of Law, University of California (J .D., 1993) . Phi Beta Kappa;Phi Kappa Phi . Recipient : American Jurisprudence Award, Advanced Legal Research ;Jurisprudence Award, Sexual Harassment ; Prosser Prize, Employment Discrimination .Executive Editor, Berkeley Journal of Employment and Labor Law . Author,"Accommodation of Pregnancy-Related Disabilities on the Job," 15 Berkeley Journal ofEmployment and Labor Law 335, 1994 . Co-Author: "Interest Arbitration : Legality,

Reality & Value," California Public Employee Relations, No . 121, 1996 . Member: Bar

Association of San Francisco ; State Bar of California ; San Mateo County Association

(Member, Women Lawyers Section ; Vice President, San Mateo County WomenLawyers Section Educational Foundation) ; Bay Area Legal Aid (Board Member ;Member, Cy Pres Committee) ; California Women Lawyers ; Consumer Attorneys of

California ; Queen's Bench; Trial Lawyers for Public Justice ; San Mateo County TrialLawyers Association ; Association of Trial Lawyers of America . Languages : German .

OF COUNSE LRobert B . Hutchinson , (Of Counsel) (Resident, Los Angeles Office) .

Mark P . Friedlander, Jr., (Of Counsel) (Also Member, Friedlander & Friedlander,P .C ., 1364 Beverly Road, Suite 201, Mclean, VA 22101) .

Maintains an office in more than one location.

Links to Other Offices :Beverly Hills, California

New Search

A top

Lawyer Locator I Legal Articles I Dispute Resolution I Experts and Service s

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Legal Personnel I Legal Careers I Professional Resources I Customer Servic e

Home I Contact Us I About Us I Site Into I Products I Services

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Exa ples of Seca rit es Litr'ntk ulef1 C

Mutual Funds

In re Janus. ei at., C iv . N o . 04-m d-15863 .USDC District Maryland MDL-158 6Lead Counsel in securities class action lawsuit filed

against mutual funds for allowing select investors to

make substantial profits at the expense of other

investors . The suits were filed in September 2003

and accuse the funds of allowing "market timing"

and "late trading" by its largest customers resulting

in millions of dollars oflosses to other shareholders .

California State Teachers 'Retirem ent System v . Qwet

Comm unications Intern ation a! Inc., et al.

San Francisco County Superior No. CV 415546

Securities action on behalf of C ALSTRS for losses

in excess of $I00 million . The complaint charges

certain Q west executives and directors, it s

accountants, and banks with violations of statesecurities laws an d alleges that defendants made false

and misleading statements about Qwest ' s financial

condition .

The Regents of the Univ ersit y ofCalifornia v .

Salomon Smith Barney, Inc, et al.

San Fr ancisco County SuperiorNo . CGC-03 .41730Securities action, on behalf of The Regents of theUniversity of California, for a loss of more than$350 million . Defendants are alleged to have issuedfalse and misleading analyst reports and ratingsregarding the business operations, of WorldCom,and price targets for WorldCom common stock

In re: Homestore.com, Inc. Securities Litigation

USDC - Central District of C A

Master File N o . O1-CV-11115 MJ PLead Counsel for CaISTRS in a securities fraud class

action against H omestore .com, Inc ., its senior

officers and directors, its auditors, and other

companies who engaged in fraudulen t

"roundtripping" transactions, increasing revenuesby false accounting methods . In March 2004 thecourt approved a settlement in which H omestore

agreed to reform its corporate policies and payapproximately $93 million in stock and cash .

Global Crossin g

In re: Global Crossing Lid. Securities & 'ERISALitigation

USDC Southern District of New York

No . 02-C V-7481 ; MD L N o . 147 2

Securities fraud class action on behalf of large

investors against Global Crossing , Ltd. for

misrepresentation and artificially inflating its

financial results through 2001 .

Hallisey and John son Prof t Sharing Plan v . Salom on

Smith Barney, et al.

USDC Southern District ofNew YorkMaster Case No . 02-C V-368 7Securities class action against Salomon Smith

Ba rn ey, Inc . and Salomon's lead

telecommunications analyst Jack Grubman related

to their scheme to defraud investors by

perpetuating the myth of financial viability of

WorldCom . Defendants are alleged to have issued

false and misleading analyst reports and ratingsregarding the business operations and price targets

of WorldCom common stock .

In re: Salom on t1 n alyst

USDC Southern District ofNew YorkMaster Case N o . 02-C V-368 7Securities class action against Salomon SmithBarney, Inc . and Salomon's leadtelecommunications analyst Jack Grubman relatedto their scheme to defraud investors byperpetuating the myth of fi nancial viability ofWorldCom . Defendants are alleged to have issuedfalse and misleading analyst reports and ratingsregarding the business operations and price targetsof WorldCom common stock .

794 F . Supp . 1424 (D . Ariz . 1992)A etn a Cas. & Sur. Co . v. D ann en/eldt

778 F . Supp . 484 (D . Ariz . 1991 )

Securities class action on behalf of shareholder and

bondholder victims of Charles Keating, and related

insurance coverage litigation, including lengthy jury

trial . (Largest jury verdict against an individual

defendant in American history . )

Smith v . Merrill Lynch

O range County Superior Court, N o . 753411

Securities class action on behalf of the debt

securities holders of O range County and its

investment pool participants . (Settled 1997 )

Cam ph ell v . Peterm eier, et al.

Alameda County Sup erio r No. 760717-4

Campbell v . Acclaim Entertainm ent, Inc ., et al.

N o . 96 Civ . 5099 TCP (E .D .N .Y . )

Securities class action arising from stock swapmerger . (Settled 1997 )

Master File No. C V-94-8491 KN (C .D . Cal .)

Mutual fund fraud class action . (Settled 1997 )

Santa Clara County Superior N o . CV958510Securities class action for insider trading and abuseof control . (Appointed co-lead counsel, 1996 )

S .D . Cal . No . 90-799-T (CGA )Represented bankrupt S&L as plaintiff in action

against former S&L officers, directors and

accountants for mismanagement and breach of

fiduciary duty .

San Francisco Superior No . 99894 9Shareholder class action for failure to pay controlpremium in connection with merger .

Knight v . Rayden

Santa Clara County Superior N o . 732332

Real estate limited partnership investors class

action . (Settled 1995196)

A Im eida v . Peat Marwick Mitchell & Co.

Alameda County Superior Court, Consolidated

Master File N o . 668436-9

Shareholder class actions . (Settled 1993 )

In re Ursula Borelli d .b.a . Pyramid Realty

Dickinson v . Duck132 B .R . 648 (N .D . Cal . 1991 )Class action investment fraud litigation .

693 F .2d932 (9th Cir . 1982)586 F .2d 156 (9th Cir . 1978)542 F .2d 496 (9th C ir . 1976 )Securities class action on behalf of shareholders of

United States National Bank against C . Arnholt

Smith and other officers, directors, and insiders .

Multi -million dollar jury verdicts upheld on appeal.The fi rst securities class action tried on both

liability and damages to a jury .

Master FiteNo . 40LSIS

Sm urthwaite v . Whit e

San Mateo County Superior Court, No . 401818

Lead derivative counsel in consolidated shareholder

derivative actions against corporate officers,

directors and accountants relating to accounting

fraud .

Master File No. 793459-9Krim v .Kertzm an

Alameda County Superior Court, No . 793459-9

Lead derivative counsel in consolidated shareholder

derivative actions against corporate officers and

directors.

3 Cal .4th 370 (1992 )Professional negligence action on behalf ofshareholder for materially misleading financial

statements.

Rogers & W ells v . Superior Court

175 Cal .App .3d 545 (1986)

Investor fraud litigation on behalf of hundreds ofclients in San Diego County Superior Court,

including lengthy jury trial .

Coordination Master File No . 1991

Santa Clara County Superior Court

Abelson v . National Unio n

28 Cal .App .4th 776 (1994)

McLaughlin v . National Union

21 Cal .App .4th 486 (1994)

Chatton v . National Union

10 Cal .AppAth 846 (1992)

Helfand v . National Union

10 Cal .App .4th 869 (1992)

National Union v . Aaronson

163 B .R, 350 (N .D.Cal . 1993)

Industrial Indemnity v . Superior Court

214 Cal .App .3d 259 (1989 )

Investor fraud litigation, and subsequent insurance

coverage and insurance bad faith litigation, on

behalf of hundreds of individual plaintiffs, including

three lengthy jury trials, and three court trials .

(Largest verdict in California for 1991 . )

San Mateo County Case N o . 406767

Derivative litigation by holder of American

Depository Shares against officers and directors of

CBT Group PLC for accounting fraud and insider

trading .