Fully engaged

means experience across cultures, currencies and courtrooms

Class aCtion litigation Firm oF the Year LegaL InteLLIgencer

national law Journal PLaIntIffs’ HotLIst

reCognized as leaders in the shareholder litigation FieldtHe LegaL 500

Fully committed means the trust that we’ll treat your interests like they were our own

Kessler Topaz is widely recognized as a leading firm throughout the world in protecting the public against corporate fraud and other wrongdoing. Our lawyers regularly take on the foremost defense attorneys—and win—in class actions, shareholder derivative suits, antitrust litigation, direct action and other complex litigation around the globe. We are proud to have recovered tens of billions of dollars for our clients.

leading litigation Firm bencHmark LItIgatIon

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what we doAll of our work is driven by a common goal: to protect investors, consumers, employees and others from fraud, abuse, misconduct and negligence by businesses and fiduciaries. We represent investors and classes worldwide, and are particularly known for our work on behalf of institutional investors. At the end of the day, we have succeeded if you recover assets you had lost as a result of business misconduct.

Our lawyers can help you navigate through every stage of a

dispute—from assessing potential claims, to motion practice,

to trials and through appeals, to settlement negotiations

and claims administration. We are skilled advocates not

only in court, but also in arbitration and other alternative

dispute resolution fora. In addition to obtaining financial

compensation, we have been instrumental in achieving

significant corporate governance reforms to prevent future

violations of law.

“ Counsel actively, thoroughly and impressively litigated a complex subject matter (both factually and legally), all the while confronting formidable defense counsel . . .”

Securities Fraud Litigation

Shareholder Derivative Actions

Mergers and Acquisitions Litigation

Global Securities Litigation

Direct and Opt-Out Actions

Fiduciary Litigation

Antitrust & Unfair Business Practices

Whistleblower Representation

Arbitration

Portfolio Monitoring and Claims Administration

Corporate Governance

– Honorable George H. Wu, United States District Court for the Central District of California

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SeCURiTieS FRAUD LiTiGATiOn

Kessler Topaz’s renowned shareholder litigation practice has recovered billions of dollars for defrauded investors around the world. We are aggressive, effective advocates in securities fraud claims against public companies—and their officers, directors and advisors—that misrepresent information and cause harm to their shareholders.

Our sophisticated client base is composed ofmore than 250 institutional investors—including 100+ public pension funds—as well as Taft-Hartleyfunds, mutual fund managers, asset managers,insurance companies, sovereign wealth funds,hedge funds and other institutional investors in

the United States and around the world.

representative successes

$3.2 billion Tyco international, Ltd.: landmark settlement

included the largest securities class action recovery

from a single corporate defendant in history

$2.425 billion Bank of America/Merrill: settlement resolved

allegations of fraud surrounding merger

$730 million Citigroup, inc.: second largest recovery ever under

Section 11 of the Securities Act

$627 million Wachovia Preferred Securities and Bond/notes:

one of the most significant cases arising out of the

financial crisis

$616 million Lehman Brothers: shareholders recover despite

Lehman bankruptcy

$500 millionCountrywide Financial Corp.: litigation raised

several issues of first impression in the Ninth Circuit

“it is difficult to overstate the complexity of

[the litigation],” which also “put [Plaintiffs] at the

cutting edge of a rapidly changing area of law.”

– The Honorable Paul Barbadoro, United States District Court for the District of New Hampshire

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Mergers and acquisitions can offer great opportunities for shareholders to increase value. But they also present temptation for self-dealing and dishonesty by directors and officers, often at shareholder expense. We give shareholders the next best thing to a seat at the negotiating table—strong, effective representation in cases alleging unfairness in a transaction’s price or process.

Each case is different, whether we seek additional merger consideration or non-monetary deal terms that increase shareholder value. Unlike many of our competitors, Kessler Topaz has proven experience bringing massive transactional cases to trial—and winning, as we did in Southern Peru Copper ($2 billion) and Dole Foods ($148 million). In matters both large and small, our creative and aggressive approach and trial readiness have helped our clients recover billions of dollars of increased merger consideration both through trial and through pre-trial settlements.

RePReSenTATive SUCCeSSeS

$2 billion Southern Peru Copper Corp.: both the largest

trial verdict and largest damages award in Delaware

Chancery Court history

$148 million Dole Food Company, inc.: the second-largest post-

trial verdict in merger litigation in Delaware Chancery

Court history

$64 million Cole Real estate investments: additional merger

consideration after shareholders challenge REIT sale

$26 million Harleysville Mutual: expedited injunction hearing for

policyholders after mutual insurer sold to Nationwide

$24 million GSi Commerce: case challenged insider dealings in

eBay acquisition

MeRGeR & ACqUiSiTiOn LiTiGATiOn

When corporate fiduciaries abuse their power, shareholder derivative actions can balance the scales. We have recovered millions of dollars from wayward fiduciaries in both high-profile matters and smaller disputes.

Our success stories involve a wide array of corporate misconduct, ranging from executive compensation abuses, to related-party transactions, to the “backdating” of stock options.

RePReSenTATive SUCCeSSeS

$62 million Comverse Technology, inc.: overhauled the

Company’s corporate governance and internal controls

$6 million Helios Closed-end Funds: recovered for mutual funds

in action authorized by board of directors

$4.9 million Under Armour, inc.: monetary and corporate

governance relief for minority stockholders in dilutive

recapitalization

$3.25 million China Agritech, inc.: cash recovery for stockholders

of Chinese “reverse merger” company

SHAReHOLDeR DeRivATive ACTiOnS

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GLOBAL SeCURiTieS LiTiGATiOn

investment strategies transcend national borders. Unfortunately, so does fraud. Our Global Securities Litigation group is dedicated to helping investors prosecute corporate fraud claims and recover assets around the world.

international LeadershipThrough our border-crossing work, we have developed a deep understanding of foreign laws and procedures, as well as important relationships with lawyers and experts in more than a dozen countries. Our international experience gives clients a unique advantage in pursuing claims on a global basis.

Today, global shareholder litigation continues to evolve, as new jurisdictions begin to allow multiparty or group shareholder actions and debate class action procedures. We are committed to remaining at the forefront of these developments and expanding our resources to best serve shareholders around the world.

“We like the flexible and professional way Kessler

Topaz has been working with us in different cases

and their filing of settlement claims is invaluable.”

representative successes

€1.2 Billion Fortis Bank: one of the largest securities

settlements outside the United States

$352 million Royal Dutch Shell: landmark settlement opens

doors to class recovery in the Netherlands

$92 million Olympus Corporation: one of the largest

securities-fraud recoveries ever achieved in Japan

–Richard Gröttheim, CEO AP7 – Seventh Swedish National Pension Fund

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Looted pension funds, fraudulent investments and vanishing profits are the stuff of headlines—and nightmares. When trusts and their beneficiaries find themselves on the losing end of fiduciary mismanagement, we help them recover

assets believed to be gone forever.

Our Fiduciary Litigation group has recovered more than $1 billion for clients victimized by fiduciary failures. We have served as lead or co-lead ERISA counsel in some of the most significant cases in history.

FiDUCiARy LiTiGATiOn

Class action litigation is not for every investor in every case. if you’ve been injured by corporate misconduct, there may be other routes to recovery.

With experience in hundreds of shareholder actions worldwide, Kessler Topaz has the skill and perspective to help you analyze the options and choose the one that’s right for you.

Know your Options In a direct action, an investor or small group of investors “opt-out” of a pending or potential class action against a publicly traded company, its officers or directors, and/or its advisors. Instead of being part of a class, your fund pursues its own claim in its own lawsuit.

We are litigating dozens of opt-out cases on behalf of institutional investors throughout the country and the world.

DiReCT AnD OPT-OUT ACTiOnS

representative successes

$280 million Bny Mellon Bank, n.A.: BNY Mellon settled claims

alleging that it breached its fiduciary duties under

common law, and committed a breach of its contractual

obligations under the securities lending agreements.

$150 million JPMorgan Chase Bank, n.A.: JPMorgan settled

claims for allegedly breaching its fiduciary duties under

the Employee Retirement Income Security Act (ERISA).

$79 million Global Crossing, Ltd.: Global Crossing settled claims

that it allegedly breached its fiduciary duties. In 2004,

this represented the largest recovery received in a

company stock ERISA class action.

$75 million AiG, inc: AIG settled claims with Transatlantic

Holdings, Inc., who allegedly breached its fiduciary

obligations as investment advisor.

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“. . . the Court finds that KTMC is one of the most

experienced eRiSA litigation firms in the country,

with particular expertise in the area of eRiSA

breach of fiduciary class actions . . .”

–Vicki Miles-LaGrange, Chief United States District Judge, United States District Court for the Western District of Oklahoma

AnTiTRUST & UnFAiR BUSineSS PRACTiCeS

Competitive markets are at the heart of the U.S. economy. Kessler Topaz helps protect competition against those who would curtail choices, control prices or otherwise interfere with fair markets.

Help for Homebuyers Our RESPA (Real Estate Settlement Procedures Act) Litigation practice is nationally known for actions that challenge unfair lending and related insurance practices. We have been selected as lead or co-lead counsel in cases against lenders and mortgage servicers that:

• Refer borrowers to private mortgage insurers in return for kickbacks or fee-sharing

• Force-place borrowers into grossly over-priced homeowners insurance or flood insurance in return for kickbacks

In recent RESPA litigation against 13 major national lenders, we recovered millions of dollars on behalf of affected borrowers and have several actions pending.

representative successes

$150 million Flonase: millions recovered in pharmaceutical

monopoly case

$69 million Bank of America/WaMu: consolidated class

recovers WaMu losses

$36 million Remeron: consumers allege patent claims would

create unlawful monopoly

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For many of our clients, arbitration is an integral part of the dispute resolution process. Our lawyers are seasoned advocates in domestic and international arbitration, handling challenging disputes before panels across the United States and europe.

An Approach That Works We understand the unique rules and procedures of arbitration and how to work within the arbitration context in ways that are most advantageous to our clients. Representing institutional investors, corporate entities and others, we have achieved significant arbitration

results, such as a $75 million award for Transatlantic Holdings, Inc. and its subsidiaries in a subprime mortgage dispute against AIG. In addition, we advise on alternative dispute resolution methods such as mediation and can counsel you on the best options for any given situation.

We combine our understanding of the arbitration process with industry knowledge, geographic reach and a commitment to the highest standards of litigation. We communicate clearly, respond quickly and strive to maintain your trust throughout the arbitration process and beyond.

it takes conscience, courage and conviction to bring wrongdoing to light. Kessler Topaz knows how to use the whistleblower laws to protect and reward those who uncover wrong-doing and step forward to fight it.

Champions for Whistleblowers Whistleblowers are the unsung heroes of the marketplace, often risking career and reputation harm to report illegal conduct and to do the right thing in the face of corporate fraud. If you have information about a fraud and are considering becoming a whistleblower, we can help you make a compelling case to authorities, protect yourself from retaliation and claim a share of the money the government recovers.

At Kessler Topaz, you’ll find lawyers who have dedicated their careers to representing whistleblowers. Fighting corporate fraud is what we do—all day, every day. Our whistleblower team includes lawyers who have worked as federal and state prosecutors, as SEC enforcement lawyers and as litigators with decades of international experience in complex health care, pharmaceutical, securities, corporate and government contract fraud cases. Clients also have access to our renowned Investigative Services Division—which includes former law enforcement agents known for their relentless pursuit of evidence.

WHiSTLeBLOWeR RePReSenTATiOn

ARBiTRATiOn

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PORTFOLiO MOniTORinG AnD CLAiMS ADMiniSTRATiOn

For institutional fiduciaries, monitoring and protecting investments is as important as selecting them. But how do you keep track of a diverse, active, global securities portfolio without creating a more-than-full-time job? Our proprietary Securities Tracker program is the answer.

Securities Tracker Makes it easyOffered at no cost to our institutional clients, Securities Tracker finds every securities action that impacts your fund, puts it on your radar screen early and monitors it all the way through resolution and disbursement of any recovery. Simply put, Securities Tracker is a must-have solution for fulfilling your fiduciary obligations.

The Securities Tracker program includes:• New case summaries and analyses• Quarterly reports• Email alerts• Claims administration auditing and filing• Settlement chart

Up-to-Date informationSecurities Tracker works 24/7, 365 days a year. So even when you’re at a conference, on an airplane or in another time zone, we stay on top of your portfolio. Learn more and see a demo atwww.ktmc.com/securities-tracker.

CORPORATe GOveRnAnCe

Corporate governance doesn’t just happen in boardrooms. it affects every aspect of a business, every day. When you want to make a tangible impact on how a company is run, corporate governance is the place to start.

We have helped our clients implement creative, effective governance changes in diverse areas, including:

• Director nominations• Director election procedures• Required disclosures for shareholder voting• Executive compensation policies• Internal and external audit functions• Worker safety

Our lawyers will listen carefully to your concerns, tailor a strategy to your unique circumstances and adhere to the highest standards of client service.

“Kessler Topaz’s claims filing service is an added

value to the strong litigation skills they are

providing to our fund. They have helped us recover

settlement dollars we would have otherwise

missed and served as lead counsel for us as well.”

–David H. Prince, Retirement AdministratorImperial County Employees Retirement System

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KTMC.COM

COnTACT USDarren J. Check, esquire

Please direct all inquiries regarding this publication to Darren J. Check, esquire, at 610.822.2235 or dcheck@ktmc.com

Fully commited

means the trust that we’ll treat your interests like they were our own

280 King of Prussia Rd. Radnor, PA 19087P 610.667.7706 F 610.667.7056

One Sansome St., Suite 1850San Francisco, CA 94104P 415.400.3000 F 415.400.3001