Exhibit Bclassaction.kccllc.net/Documents/NWD0001/S.D.N.Y. 13-cv...vitamin C against two Chinese vitamin C manufacturers. The $54.r million verdict was tripled as required by law and

Exhibit B

Case 1:13-cv-06802-WHP Document 569-2 Filed 05/03/16 Page 1 of 14

Trial Lawyers for Class Action & Aggregate Litigation

CLASS ACTION 8 AGGREGATELITIGATIONFor over thirty-five years, Susman Godfrey has been one

of the preeminent firms in the country in class action

cases, We have secured billions of dollars in victories for

our clients across many fields, including antitrust and

price-fixing cases, securities litigation, consumer class

actions, and products liability cases. From the

Corrugated Container antitrust class action, where Steve

Snsman's team recovered $Soo million for the plaintiffs,

to zor5's $37,5 million class action win ($zg million

after fees and expenses) for a class ofmore than Tooolimited partners who invested in rz oil and gas limited

partnerships , the Firm has a tradition of winning

results, against the fiercest adversaries, when the stakes

are highest. Defendants have also recognized the

expertise and prowess ofthe Firm in class action

litigation and the Firm has been retained to represent

Defendants in a number of high stakes class action

cases,

Some of the other recent significant results in class

action cases the Firm has handled include:

. In a seminal insurance class action filed in the

Southern District of New York, resolved inSeptember 20lb, Susman Godfrey served as

lead counsel in a case that challenged Phoenix

Life Insurance Company's and PHLVariable

Insurance Company's decision to raise the cost

of insurance ("COI") nationwide on life

insurance policy owners, After winning class

certification and defeating two motions forclass decertification and a motion for summary

judgment, the case settled the day of the final

Pretrial Conference - less than two months

before trial. Settlement terms included: $+8,S

million cash fund (gg+ million after fees and

expenses), COI freeze through 2020, and a

covenant by Phoenix not to challenge the

policies, worth $9 billion in face value, when

the policies mature on the grounds of lack of

insurable interest or misrepresentations in the

application. At the final approval hearing, the

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Trial Lawyers for Class Action & Aggregate Litigation

Court concÌuded: "I want to say publicly that Ithink this is an excellent settlement, I think this

is a superb - this may be the best settlement

pound for pound for the class that I've ever

seen."

. A class of Soo,ooo Comcast cable subscribers

represented in part by Susman Godfrey alleged

that between Jan. r, zoo3 and Dec. 31, 2oo8,

Comcast and other cable companies entered

into subscriber swaps and acquisitions that

deterred over-builder competition and enabled

Comcast to raise prices to supracompetitive

ìevels, in violation of sections r and z oftheSherman Act. The parties settled for $5o

million after remand of the case from the U.S.

Supreme Court. Final settlement (after fees and

expenses) is to be determined later in zor5.

. In May zot4 Susman Godfrey secured a $r9

million cash settlement for customers of two

New York City tour bus companies

(approximately $rz million after fees and

expenses), Coach USAInc. and City Sights LLC,

and their joint venture, TWin America LLC. The

settlement ends an antitrust class action

against the joint venture, which plaintiffs said

elirrinated competition between the two bus

companies and artificialìy raised prices forpassenSers,

. In December 2o1g Susman Godfrey attorneys

secured $86 million in settlements

(approximately $62 million after fees and

expenses) when serving as co-lead counsel in

litigation involving more than 7o class action

cases on behalf of airline passengers who

alleged that between January t, zooo and

August 1,2oo7, Korean Air Lines and Asiana

Airlines conspired to fix the price ofair travel

between the United States and the Republic of

Korea. The lawsuit asserted that the two

airlines, in violation offederal antitrust laws,

participated in meetings, conversations and

communications during which they agreed to

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Trial Lawyers for Class Action & Aggregate Litigation Page 3 of4

establish artificially high prices for airpassenger traveÌ,

. In July zor3 Toyota Motor Corporation agreed

to pay benefits worth up to $r.6 billion(approximately $r,+ billion after fees and

expenses) to settle multi-district class action

litigation pending in federal court in Santa Ana,

California. In the litigation, plaintiffs,

represented by Susman Godfrey, asserted

claims for economic losses associated withrecalls for unintended acceleration problems in

Toyota, Lexus and Scion vehicles,

. In March zot3, Susman Godfrey secured a juryverdict in an antitrust price-fixing class action

brought on behalf of direct purchasers ofvitamin C against two Chinese vitamin C

manufacturers. The $54.r million verdict was

tripled as required by law and after adjusting

for $gz,S million in settlements with other

defendants ($r9.5 million net of fees and

expenses), a final judgment of $r47 million was

entered against the defendants, The judgment

is now on appeal to the Second Circuit Court ofAppeals.

. Susman Godfrey represented investors who

were aìlegedly defrauded into purchasing

securities issued by the parent of mortgage

lender IndyMac Bank, The complaint alleged

that IndyMac had misrepresented its financial

health and the quality of its lending practices.

In January zot3, after more than five years of

intense, hard-fought litigation, the courtgranted final approval of a $6,S millionrecovery for the class (approximately $4

million after fees and expenses).

. In White, et ol. u. NCAA, Susman Godfrey

served as colead counsel in an antitrust class

action alleging that the NCAA violated the

federal antitrust laws by restricting amounts of

athletic based financial aid. The NCAA settled

and paid, after fees and expenses, an additional

$zr8 million for use by current student-athletes

to cover the costs of attending college and paid

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Trial Lawyers for Class Action & Aggtegate Litigation

$ro million to cover educational and

professional development expenses for former

student-athletes.

. Susman Godfrey has been appointed to serve as

lead or colead counsel in over a dozen antitrustclass actions since 1996. In appointing Susman

Godfrey colead counsel in one such case, In reCrude OiI, Judge Pauley praised the firm's long

history of serving as "lead counsel in hundreds

of class actions, including complex antitrustactions," See In re Crude OiI Commodity

Futures Lití7., No, rr-CV-3óoo (WHP), zorzwL 569195, at *2 (S.D.N.Y. Feb. 14, zotz).

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Trial Lawyers Specializing in Antitrust Litigation

ANTITRUSTSusman Godfrey is one of the preeminent firms in the

country in antitrust litigation,

Steve Susman founded the firm in t98o after

specializing in antitrust at a large law firm, teaching

antitrust at the University of Texas School of Law, and

serving as a special assistant on antitrust to the Attorney

General of Texas, Beginning with the landmark

Corrugated Container price-fixing case in r98o, in which

Susman Godfrey recovered $Soo million on behalf ofplaintiffs as a result of settlements and a verdict after a

3-month jury trial, Susman Godfrey has been in the

forefront of antitrust litigation.

Since then, Susman Godfrey has successfully

represented plaintiffs bringing price-fixing, market

allocation, concerted refusal to deal, and

monopolization claims involving computer-operating

systems, airlines, medical devices, telecommunications,

milk, specialty steel, and other products. Susman

Godfrey has experience representing companies such as

Caldera in its case against Microsoft; Masimo in its

action against Tyco; and a class of current and former

footbalì and basketball players suing the NCAA,

Susman Godfrey also has handled significant antitrust

cases on the defense side, representing companies such

as Aetna (conspiracy to restrain trade), Northwest

Airlines (price-fixing), Steve & Sons (price-fixing), Intel(monopolization), Picker International (a defense

verdict in a jury trial charging tying), Littìe Caesars

(tying), Medtronic, Inc. (raiding), and ACE Limited(market allocation).

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Trial Lawyer Litigation Involving Price Fixing

PRICË FIXING. Susman Godfrey represents airline passengers

who allege that Korean Airline and Asiana

engaged in a conspiracy to fix the prices of

airfares in flights to and from Korea. The

litigation involves more than 7o class action

cases, with Susman Godfrey serving as one of

plaintiffs'colead counsel, The Court approved

a $zr million settlement with Asiana in cash

and travel vouchers in zorr.

. SG currently represents T-Mobile USA, the

Liquidating Trust of Circuit City Stores, and the

Syntax-Brllian Liquidation Trust in private civil

actions alleging price-fixing of TFI-LCD panels

from r99ó through zoo6. The defendants are

foreign manufacturers ofTFT-LCD panels and

products containing those panels,

. Susman Godfrey and its co-counsel Boies

Schiller & Flexner and Cohen Milstein Hausfeld

& Toll obtained a verdict from a federal jury inWashington D.C. against four defendants,

Mitsui & Co. of Japan, Mitsui USA, DCV, Inc.

and DuCoa L.P., who were found to have

participated in a global conspiracy to allocate

world markets and fix the price of vitamin 84

during the ten year period from 1988 to r998.

The rr-member jury unanimously awarded our

clients, a class of direct purchasers of vitamin

84, $49.S million in damages, for a total award

of over $r5o million after trebling and

attorneys'fees,

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Monopolization, Antitrust & Anticompetitive Litigation

MONOPOLIZATION. As a result of Susman Godfrey's efforts, a

federaljury in Los Angeles, California reached a

verdict in favor of our client, Masimo

Corporation, against Tlco Health Care Group,

LP and its affiliate, Mallinckrodt, Inc, Masimo

brought claims under the federal antitrust laws

based on Tyco's anticompetitive practices that

prevented Masimo from selling its competing

pulse oximetry products to hospitals in the

United States. After the trial court vacated the

damages award and certain liability findings in

its ruling on Tyco's post-trial motions, the issue

of damages was re-tried in a bench trial, and

the trial court entered a judgment in Masimo's

favor for $43.5 million, plus attorneys'fees and

costs. The Court's judgment was affirmed on

appeal to the U.S. Court of Appeals for the

Ninth Circuit, and Tyco paid the judgment in

2010,

. Susman Godfrey currently represents Tessera

Technologies, Inc., a developer of

semiconductor packaging technolog,, in an

antitrust case against Hynix Semiconductor,

Inc. and Hynix Semiconductor America, Inc.

Tessera alleges that Hynix violated the

Cartwright Act by conspiring with the other

major DRAM manufacturers to thwart

adoption of Tessera's proprietary packaging

technology as well as the Rambus memory

technology. The case is awaiting trial in

California Superior Court in San Francisco.

. Susman Godfrey has handled a number of

antitrust actions against Microsoft :

. Susman Godfrey represented our client Caldera

Inc, in a case in which it sought to recover

hundreds of millions of dollars from Microsoft

Corporation for alleged monopolization of the

market for PC operating systems software, Our

massive discovery efforts included taking the

depositions of top Microsoft executives Bill

Gates and Steve Ballmer. We defeated

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Microsoft 's repeated summary judgment

motions and settled the case two weeks before

trial for a confidential amount.

. Susman Godfrey obtained a settlement from

Microsoft for Novell, Inc., for $536 million

which included $88 million in attorneys'fees.

Susman Godfrey represented Novell in

negotiating the settlement of antitrust claims

related to Novell's NetWare business. As

Novell's general counsel Joseph A, LaSala, Jr.,

stated, "This is a significant settlement,

particularly since we were able to achieve our

obj ectives without filing expensive litigation, "

. Susman Godfrey obtained a mediated

settlement with Microsoft on behalf of former

operating system competitor Be, Incorporated.

Susman Godfrey filed the antitrust suit on

behalf of Be, alleging that Microsoft's predatory

conduct and exclusive dealing destroyed Be's

business. Under the settlement agreement, Be

would receive a payment of $z3,zbo,ooo from

Microsoft after $8,645,ooo in attorneys'fees

and expenses, All other terms of the settlement

remain confidential, and Microsoft did not

admit any wrongdoing.

. Susman Godfrey represented Gateway, Inc. in

negotiation of an agreement pursuant to which

Microsoft agreed to pay Gateway a settlement

over four years; as part of the agreement,

Gateway released antitrust claims against

Microsoft.

Susman Godfrey represented start-up mainframe

computer company Platform Solutions, Inc. ("PSI") in a

major antitrust and intellectual property case against

IBM, the dominant player in the multi-billion dollar

worìdwide mainframe market, PSI alleged that IBM

abused its monopoly power in that market by tying its

mainframe operating systems to its mainframe

computer products, and through discriminatory

licensing of intellectual property relating to its

mainframe products, We helped PSI achieve a favorable

settlement in zoo9.

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Susman Godfrey was one of two colead counsel in an

antitrust class action on behalf of a class of current and

former football and basketball players at Division Ischools. The case challenged an NCAA rule limiting the

amount of athletics-based financial aid member schools

may provide as a violation of Section I of the Sherman

Act. Under the settlement approved in zoo8, the NCAA

will make gzrS million over five years available for

schools to provide additional benefits to student

athletes, create a $ro million fund to provide

educational and professional benefits to former student

athletes, and modify its rules.

Susman Godfrey represented defendant Clear Channel

Communications, Inc, in a suit brought by Spanish

Broadcasting Corporation, Inc. ("SBS") in the Southern

District of Florida. SBS alleged $t,S billion in damages

from supposed anticompetitive conduct by Clear

Channel and another defendant. Susman Godfrey filed a

motion to dismiss the complaint in its entirety, which

the Court granted with prejudice. SBS appealed to the

Eleventh Circuit, which affirmed the dismissal in favor

of Clear Channel.

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SUSMAN GoDFREY L. L. P

James T, SouthrvickPartner

James T. Southwicklooo Louisiana, Suite SlooHouston, Texas 77ooz-9o96j southwick @ susmango dfrey. com7t3.693.78tr

Overview,Iirn Southu'icl< is a parttrer in Susman Goclfre¡."s Hor,tston officc. Thougìr tlasecl in Texas, .Iitnrc¡rrcsolrts plaintifl.s and dcfonclants in conrrnercial trials thlotrghorrtthc counttl'. IIis cìicntsinclLrcle public and plivate entities from the U¡itccl Sttrtcs, Canad¿r, l\{oxico, ¿rncl SouthÀrnericra. Jimhasr¡rr¡r'ethau2o\rearsclfexperierrcelvinrrirtghighstaltesc<¡ultuercial casesancl trials. Iìolexanrple,inlVIat'crlrzt.lt3.Soulhr,ricku,astrialandco-leirdcotrnsel lolacla.ssoiII.S, plrrintilfi ilt tìrc l'rfcnrir¡ (1,4r¡litru.st Lítíllcrtion ilr feclelal cnult in NclvYor:k, rvhele hen,on a jur)'r,crclict i¡ncì . róz nrilìion judgnrent in a fìrst-of-its-kincl case allcrging price-fìxirtgvioÌations of thc U.S. antitnrst ìan's against n.rainlard Clhincse conrprurics n'ho lnauufacturoancl irnporl r,iranrin C iuto thr: Lluitetl States.

EducationCollege of William and Mary (8.4. tqSz)Syracuse University College of Law (J.D., magna cum laude, 1989)

flonors and DistinctionsEditor-in-Chief, Syracuse Journal of International Law, r988-89

Order of the CoifAndrews Scholar

Justinian Society

Wall Street Journal Award

Houston Bar Foundation Life Fellow'l'exas tsar !oundation Fellow

Professional Memberships and AssociationsNewYork State

State Bar ofTexas

United States Supreme Court

United States District Courts: Southern District of NewYork, Eastern Districtof NewYork, Northern District of NewYork, Southern District of Texas,Eastern District of Texas, Eastern District of Wisconsin


Association of the Bar for the City of NewYorkAmerican Bar Association (Litigation and Antitrust sections)

Houston Bar Association (Antitrust Section vice chairman zooS-o9; FeeDispute Committee)

Houston Trial Lawyers Association

Notable RepresentationsVítornín C Antítrust Lítígo,tíonJim Southwick is co-lead and trial counsel in this groundbreakinginternational price-fixing case against Chinese manufactures of vitamin C. Thecase alleges that the group of mainland Chinese defendants colluded toillegally raise the price and restrict the volume of vitamin c exported to theUnited States. After 8 years of discovery and motions centered around thedefendants'claim that the Chinese government compelled their collusion, andincluding an appearance by the Chinese Government as amicus curiae,thecase went to trial in federal court in Brooklyn in February 2013. After threeweeks of trial, the jury unanimously found in the plaintiffs'favor and awardedtoo%o of the damages sought and a treble damages judgment was entered forSouthwick's clients of $r6z miìlion.

S e curìtíe s A¡neríc a FINRA Arbítr o,tíonSouthwick was the lead lawyer for a group of 8o clients who lost millions ofdollars they invested in privately-placed notes offered by Securities America.Using Securities America's brokers, Medical Capital Holdings created a seriesof special purpose entities that issued more than $z billion of the notes beforeMedical Capital was revealed as a Ponzi scheme, Southwick's FINRAarbitration against SecuritiesAmerica, with 8o plaintiffs in a single action, wasthe largest of the scores of arbitrations brought against Securities America inthe United States. In 2o11, working closely with other lawyers who filedarbitrations, Southwick litigated and negotiated a hard-fought nationwidesettlement of all the arbitrations and class actions in the country againstSecurities America relating to the sale of Medical Capital notes.

Mílwaukee County u. Mercer llutno:n Resouree ConsultíngJim Southwick was lead trial lawyer for Milwaukee County and the MilwaukeeCounty Pension System in a highly publicized actuarial malpractice caseagainst the largest actuarial firm in the country. The case went to trial infederal court in Wisconsin in May 2oog, After several weeks of testimony, thedefendant, a division of Marsh Mclennan, paid $45 million settlement toMilwaukee County - one of the largest actuarial malpractice recoveries onrecord.

State o.,¡fMississíppí, Jí¡n llood. exrel. u, MícrosoftSouthwick represented the Mississippi Attorney General, the Honorable JimHood, in a long-running action against Microsoft in Jackson, Mississippi,alleging the software maker violated Mississippi's Consumer Protection Actand Antitrust laws through its actions in the operating systems and officeapplications markets. The Attorney General announced the $roo million plussettlement of the case on June 11, 2oog.


Floorgrøphícs Inc. u.lVe¿os Atneríca Msrketíng In-store SeruicesSouthwick was lead trial counsel to Floorgraphics, Inc. on claims of unfaircompetition and computer espionage by a division of Rupert Murdoch's NewsCorp. In March 2oog,the case went to trial before a jury in federal court inNew Jersey. Midway through the trial, the case settled favorably forFloorgraphics with a confidential settlement.

At the conclusion of the NewJersey triaì, the judge remarked on the record:"And I think the jurors feel as though, I do, that the lawyers have beenextraordinary. Don't you? I see you shaking your heads because the lawyersare clearly, as we would say, the cream of the crop, extraordinarily wellprepared, articulate, well spoken, in command of the material. I know I havemy law cierks here and I said to them yesterday afternoon, 'Well, these arepros,' referring to the lawyers, and they behaved like pros and . , . I said to mylaw clerks, this is the way I want to see you in 10, 15 years, whatever, howeverlong it takes. But obviously this case has been presented in a most professionalway. And it's a pleasure for the Court to see lawyers conduct themselves theway these lawyers have, and to see how their whole presentation is supportedby professionals who are working with them to make sure everything just goeslike clockwork. I appreciate it as a judge, and I'm sure you could appreciate itas well."

Enron Corp. u. Cítígroup et al,This adversary proceeding on behalf of Enron's bankruptcy estate soughtrecovery from eleven major investment banks for aiding and abetting thebreaches of fìduciary duty and fraud of Enron's top officers. Southwick waspart of a team of Susman Godfrey lawyers prosecuting the estate's claims inthe United States Bankruptcy Court in NewYork CiW, Susman Godfreyreached settlements which netted the estate's creditors hundreds of millions ofdollars.

Allapøttøh Seruíces et s.l. u, Exxo¡tIn zoo6, with Steve Susman, Southwick successfully represented a smallFlorida law firm through a full bench trial in federal court in Miami concerningthe rights of multiple law firms to one of the largest-ever awards of attorneysfees in a class action. Southwick and Susman recovered more than $So million(net of attorneys' fees) for the three-man law firm that originally filed the case.

In re Vítc:¡níns Antütmst Lítígo,tíonJim Southwick was Susman Godfrey's lead trial lawyer representing a class ofvitamin purchasers asserting claims that the world's largest vitaminrnanufacturers colluded and fixed the price of bulkvitamins for more than adecade in the 199os. At the June zoo3 trial in Washington D.C. against Mitsuiand DuCoa, Inc., Southwick won a juryverdict in favor of the class of $+q.Smillion, before trebìing under the antitrust laws. Settlements before and afterthe trial with roughly twenty defendants recovered more than $4oo milìion forclass members, net of fees.

Cannpbell u. Goodtnøn EnterprÍses o;nd. Atnø:na Corp.Southwick was the lead attorney representing a nationally knownmanufacturer of air conditioners and kitchen appliances against class actionclaims of age discrimination brought by former employees, Mr. Southwickdefeated class certification and won summaryjudgment agains all plaintiffs'


claims in federal court in Cedar Rapids,Iowa.

Atneríca;n Go¡rtnent .Findshers u, Leuí- StrcussSteve Susman and Southwick represented AGF in a breach of contract actionagainst Levi's. The case settled for a confidential amount, netting our client amulti-million dollar sum after two-weeks of trial in federal court in El Paso,Texas.

Co.ldero. I¡tc. u. Mícro s oftAs part of a team of Susman Godfrey lawyers representing Caldera, we suedMicrosoft in federal court in Utah for illegally monopolizing the market forpersonal computer operating systems. The case settied on the eve of trial for aconfìdential sum. The Wall Street Journal reported the settlement was worth$z75 miilion.Patír u. MFC Interno'tíonø,l CorporotíonSouthwick was the lead defense trial lawyer representing the owner and sellerof oilfieid interests in far northern Russia. Plaintiff sued to recover a fee forallegedly brokering the sale of the oilfields to Russian buyers. Southwickdefended the owners and sellers at trial in state court in Houston. The Plaintiffrecovered nothing at trial. The decision was affirmed on appeal.

Ilorc:nu. EnsearchJim was lead trial lawyer representing an energy trader suing his formeremployer for stock options he was owed based on performance criteria. Theclient recovered a confidential sum folÌowing a two week arbitration inHouston, Texas.
