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Page 1: MURFR138075 01 Book · FIRM RESUME 275 MADISON AVENUE NEW YORK, NY 10016 TELEPHONE: (212) 682-1818 U.S. TOLL FREE: (800) 497-8076 FACSIMILE: (212) 682-1892 info@murrayfrank.com

FIRM RESUME

275 MADISON AVENUE

NEW YORK, NY 10016

TELEPHONE: (212) 682-1818

U.S. TOLL FREE: (800) 497-8076

FACSIMILE: (212) 682-1892

info@murrayf rank.com

www.murrayf rank.com

ATTORNEYS AT LAW

Page 2: MURFR138075 01 Book · FIRM RESUME 275 MADISON AVENUE NEW YORK, NY 10016 TELEPHONE: (212) 682-1818 U.S. TOLL FREE: (800) 497-8076 FACSIMILE: (212) 682-1892 info@murrayfrank.com

SECURITIES FRAUD

MURRAY FRANK has representedlead plaintiffs as lead counsel or amember of the executive committee,and has also represented classrepresentatives, in successful securitiesactions throughout the United States,including the following:

In re Royal Ahold SecuritiesLitigation (recovery of $1.1billion); In re Merrill Lynch &Co. Sec., Deriv., & ERISA Litig.($475 million); In re WilliamsSec. Litig. ($311 million); In reGeneral Motors Corp. Sec. Litig.($303 million); In re MerrillLynch & Co., Inc. ResearchReports Sec. Litig. ($125million); In re New CenturyCorp. Sec. Litig. ($125 million);In re JWP Inc. Sec. Litig. ($40million); In re Turkcell IletisimHizmetleri A.S. Sec. Litig. ($19.2million); In re Picture-Tel Inc.Sec. Litig. ($14 million); In reMarion Merrell Dow Inc. Sec. Litig.

($14 million); In re Crompton Corp.Sec. Litig. ($11 million); LaVallie v.Owens-Corning Fiber-glas Corp.($10 million); In re USX Sec. Litig.($9 million); Feiner v. SS&C Tech.,Inc. ($8.8 million); Lowry v. AndrxCorp. ($8 million); In re XybernautCorp. Securities MDL Litigation($6.3 million); Brody v. Zix Corp.($5.6 million); In re ContiFinancialSec. Litig. ($5.5 million); In re EISInt’l Inc. Sec. Litig. ($3.8 million);In re Quintiles Transnational Sec.Litig. ($3 million).

The f irm is currently lead orco-lead counsel, a member of theexecutive committee, or counselto a class representative in manycases, including the following:

In re Vivendi Universal, S.A. Sec.Litig.; In re Infineon TechnologiesAG Sec. Litig.; In re Royal Bank ofScotland Group PLC Sec. Litig.; Inre Deutsche Bank AG Sec. Litig.;Scott v. ZST Digital Networks; andIn re Stillwater Capital Partners.

MURRAY FRANK has alsorepresented institutional plaintiffsin individual actions againstCredit Suisse Securities (U.S.A.),Deutsche Bank Securities, AOLTime Warner, and Royal DutchPetroleum for violations of stateand federal securities laws.

MURRAY FRANK LLP CONCENTRATES ITS PRACTICE IN CLASS ACTIONLITIGATION, PARTICULARLY IN CASES INVOLVING FEDERAL SECURITIESLAW, FEDERAL ANTITRUST LAW, ERISA, AND STATE CONSUMERPROTECTION LAW. THE FIRM IS ALSO ACTIVE IN MASS TORT LITIGATION.

MURRAY FRANK LLP

ATTORNEYS AT LAW

Page 3: MURFR138075 01 Book · FIRM RESUME 275 MADISON AVENUE NEW YORK, NY 10016 TELEPHONE: (212) 682-1818 U.S. TOLL FREE: (800) 497-8076 FACSIMILE: (212) 682-1892 info@murrayfrank.com

MURRAY FRANK also representsthe West Virginia InvestmentManagement Board in litigationagainst Residential Accredit Loans,Deustche Bank, and Credit Suisse, alleging fraud, negligentmisrepresentation, and violations ofWest Virginia state securities laws.

SHAREHOLDER RIGHTS ANDDERIVATIVE ACTIONS

MURRAY FRANK is very activelitigating actions on behalf ofcompanies against their officersand directors for breach offiduciary duties or against thirdparties for breach of contract.MURRAY FRANK currentlyrepresents Media Xposure Ltd. assuccessor-in-interest to the rightsof Reliant Int’l Media, LLCagainst certain of its off icers anddirectors for breach of f iduciaryduty. MURRAY FRANK is alsoone of the lead counsel currentlyrepresenting shareholders ofCelera Corp. against certain of itsofficers and directors for breachesof f iduciary duty arising out of atakeover of Celera Inc.; one offour counsel representingshareholders of Smart ModularTechs., Inc. against certain of itsoff icers and directors arising outof a takeover of Smart Modular;and is one of three counselrepresenting shareholders ofGymboree Corp. against certainof its off icers and directorsarising out of a takeover ofGymboree Corp.

MURRAY FRANK is or has beenlead or co-lead counsel orrepresented a plaintiff inderivative actions for the benefitof Krispy Kreme Doughnuts,

Inc., nVidia Corp., WeatherfordInt’l Ltd., Arbitron, Inc., TheLimited, Inc., Gilman and Ciocia,Inc., Hain Celestial Group, Inc.,Ambac Financial Group, Inc.,Norland Medical Systems, FoundryNetworks, Inc., Jabil Circuits, Inc.,Equinix, Inc, Arbitron, Inc., PMCSierra, Inc., First MarbleheadCorp., Microtune, Inc., ArenaPharmaceuticals, Corinthian Corp.,and Barnes & Noble Inc.

MURRAY FRANK is also activerepresenting shareholders ofcompanies being acquired forinadequate takeover premiums orfailure to maximize shareholdervalue. MURRAY FRANK was lead counsel or representedshareholders in cases involvingClaire’s Stores, Inc., CharlotteRusse Holding, Inc., BJ Services,Co., Hearst-Argyle Television,Inc., Medarex, Inc., Centerplate,Inc., Sirna Therapeutics, Inc.,Chaparral Resources, Inc., TheTopps Company, Inc., Genentech,Inc., Jacuzzi Brands, Inc.;Burlington Northern Santa Fe;Black & Decker Inc., 3ComCorp.; Alcon, Inc., XTO Energy,Inc.; Continental Airlines, Inc.;Facet Biotech Corp.; InfogroupInc.; Double-Take Software, Inc.;Iowa Telecom. Serv., Inc.; Maine& Maritimes Corp.; Millipore

MURRAY FRANK LLP

ATTORNEYS AT LAW

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Corp.; American Italian PastaCorp.; Argon ST. Inc.; ATC Tech.Corp.; Abraxis Bioscience Inc.;Trubion Pharmaceuticals, Inc.;Pactiv Corp.; Polymer Group, Inc.;Citadel Broadcasting Corp.; HewittAssociates, Inc.; ThermadyneHoldings Corp.; Wainwright Bank& Trust Co.; Jo-Ann Stores, Inc.;NYMagic, Inc.; NYSE Euronext;Smurfit-Stone Container Corp.;RAE Systems, Inc.; Actel Corp.;ArcSight, Inc.; Pride Int’l Inc.;Nat’l Semiconductor Corp.;OptionsXpress Corp.; LaBarge,Inc.; K-Sea Trans. Partners, LLC;Frontier Oil Corp.; EmergencyMedical Services Corp.;Tomotherapy Inc.; Del MonteFoods Co.; Warner Music GroupCorp.; Int’l Coal Group; NessTechs., Inc.; Lawson Software,Inc.; California Pizza Kitchen, Inc.;Allied Healthcare, Inc.; andInteractive Data Corp.

In Mofidi v. Levy, MURRAY

FRANK initiated litigation thatessentially forced NorthstarNeuroscience, Inc. to dissolveand distribute its assets tostockholders .

ANTITRUST

MURRAY FRANK is currently counselin many cases involving antitrust lawviolations including: In re AmericanExpress Antitrust Litigation; Dahl v.Bain Capital Partners; In re TransPacific Passenger Air TransportationAntitrust Litig.; In re Flat GlassAntitrust Litig; In re Air Cargo CarrierAntitrust Litig.; Slattery v. AppleComputer Inc.; Payment CardInterchange Fee and MerchantDiscount Antitrust Litig.; In reAftermarket Filters Antitrust Litig.; In

re Plasma – Derivative ProteinTherapies Litig.; In re Blood ReagentsAntitrust Litig.; McDonough v. Toys“R” Us; In re Fasteners AntitrustLitig.; In re Cathode Ray Tube (CRT)Antitrust Litig.; In re Korean AirlinesCo. Ltd. Antitrust Litig.; In reRefrigerant Compressors AntitrustLitig.; In re Fretted MusicalInstruments Antitrust Litig.; In rePackaged Ice Antitrust Litig.; In reTransitions Lenses Antitrust Litig.; Inre NCAA Student-Athlete Name &Likeness Licensing Litig.; In re MarineProducts Antitrust Litig.; In re Freshand Process Potatoes Antitrust Litig.;Kleen Products Corp. v. PackagingCorp. of Amer.; and In re Food ServiceEquipment Hardware Antitrust Litig.

MURRAY FRANK is currently co-leadcounsel in Avenarius v. Eaton Corp.,pending in the District of Delaware. InEaton Corp., MURRAY FRANK

representes a class of indirect purchasersof Eaton truck transmissions. In rePlaymobil USA, Inc. Antitrusts Litig;MURRAY FRANK was co-lead counsel representing a class ofpurchasers of Playmobil products.MURRAY FRANK was successful inobtaining certification of a plaintiffclass in an oft-cited opinion andsettling the case on favorable terms to

MURRAY FRANK LLP

ATTORNEYS AT LAW

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the class. The Court, at the fairnesshearing, “compliment[ed] both counselin the fine job done negotiating witheach other and also the legal work thathas been submitted to the Court.” In theDisposable Contact Lens case,MURRAY FRANK represented a classof purchasers of disposable contactlenses in California, and eventuallyobtained reversal in the Californiaappellate courts of a denial of classcertification. In the Time Warner caseMURRAY FRANK was co-lead counselrepresenting a class of subscribers ofTime Warner’s high speed internetservice. MURRAY FRANK successfullyovercame an arbitration clause andobtained favorable settlement for theclass.

CONSUMER PROTECTION

In the consumer protection area,MURRAY FRANK has representedconsumers in class actions in variousroles including lead counselinvolving, inter alia, data breachesof consumer accounts and stolenpersonal and financial information,wrongful reduction or cancellationof home equity lines of credit bymajor U.S. banks; defective parts onautomobiles, mold in front-loading

washing machines; wrongful billingpractices and poor service bywireless communications providers;wrongful billing practices by creditcard companies, banks and retailers;problems with appliances and theirinstallation; mislabeling of importedolive oil; mislabeling of domesticpasta; brokerage fees imposed withno or insufficient notice; Medicaidovercharges; and faulty automobileseat heaters.

MURRAY FRANK is prosecutingseveral consumer protection actions.In Nettleton et al v. Ford Motor Co.et al., MURRAY FRANK filed aclass action law suit on behalf of anationwide class of purchasers ofcertain Ford vehicles. The actionalleges that Ford knew that certainFord vehicles contained a defect thatwould cause the rear tailgate tocrack, frequently outside of thewarranty period. According toplaintiffs, Ford refused to repair thatcrack at its expense, regardless ofwhether the crack occurred within oroutside of the warranty period.Plaintiffs seek compensation for thedamage that the defect caused. Thisaction is currently pending in theUnited States District Court,Northern District of California.MURRAY FRANK is currentlyco-lead counsel in Walker v.Discover Corp., pending in theNorthern District of Illinois. InDiscover, MURRAY FRANK

represents a class of consumers whowere overcharged for paymentprotection products on their creditcards.

In the matter of Connolly v. Sony, et.

MURRAY FRANK LLP

ATTORNEYS AT LAW

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al., MURRAY FRANK filed a classaction law suit on behalf of anationwide class of users of Sony’sPlayStation Network (“PSN”).Plaintiff alleges that subsequent to asecurity breach of the PSN in April2011, Sony failed to promptlyinform customers that hackers hadaccessed users’ sensitive personalinformation, leaving them vulnerableto identify theft and fraud. Moreover,without any notice to its customers,Sony shut down the PSN for nearlyone month which prohibitedcustomers from accessing amultitude of services they had paidfor including, but not limited to,Netfix and Hulu. The action iscurrently being litigated.

MURRAY FRANK filed a classaction law suit on behalf of Citibankcustomers alleging that Citibank isliable for customers’ personal andfinancial information begin stolenduring a security breach in May2011 that resulted in inter alia,financial loss to consumers.Specifically, plaintiffs claim thatCitibank did not promptly informthem of the breach, and falselyinformed them that hackers did notaccess information that wouldpermit them to commit fraud. Thedelay in informing customers andfalse assurance prevented customersfrom promptly securing third partycredit monitoring services. Theaction is pending in the SouthernDistrict of New York.

Among its cases of note, MURRAY

FRANK recovered benefits worth$40 million in Naevus Int’l v. AT&TCorp., a consumer class actionbrought in New York State Supreme

Court on behalf of consumers whosubscribed to AT&T’s Digital OneRate wireless service. In 2005, thefirm settled with Volkswagen ofAmerica, forcing a recall of all 2003and 2004 Volkswagen Jettas forfaulty automobile seat heaters.

In Sclafani v. Barilla America, Inc., aconsumer class action brought in NewYork State Supreme Court on behalfof consumers who purchased Barillabrand pasta, MURRAY FRANK

successfully argued that Barilla’spackaging misled consumers intobelieving the company’s pasta wasmade in Italy, obtaining a reversal of atrial court dismissal.

Similarly, in Lomenzo v. BertolliUSA Inc., a consumer class actionbrought in New York State SupremeCourt on behalf of consumers whopurchased Bertolli brand olive oil,MURRAY FRANK successfullyargued that Bertolli’s labeling misledconsumers into believing thecompany’s olive oil was Italian.

In McCoy v. Capital One Bank, aconsumer class action filed inCalifornia federal court, MURRAY

FRANK successfully represented aclass of consumers who allegedly

MURRAY FRANK LLP

ATTORNEYS AT LAW

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paid for a payment protectionprogram that did not providebenefits as advertised. MURRAY

FRANK is currently representingconsumers in cases regardingpayment protection programsinvolving cards issued by Citibank,First Premier, and Bank of America.The Firm also is involved in casesregarding mold in defectivefrontloading washing machinesmanufactured by Whirlpool and LG,and is co-lead counsel in a caseregarding the improper reduction ortermination of home equity loans byJPMorgan Chase.

ERISA

MURRAY FRANK has prosecutedseveral actions in federal courtagainst employers on behalf ofemployees for employee investmentfund mismanagement; knowinglyoffering, marketing, and sellingimproper investments to employeesfor their retirement accounts; andknowingly misrepresenting theprospects of the employees’company in order to sell companystock to them. The firm served asco-lead counsel in In re Winn-DixieStores, Inc. ERISA Litig., which

settled for $3 million and plaintiffs’class counsel in In re AON ERISALitig. and In re Cardinal Health, Inc.ERISA Litig.

MASS TORT

Mass torts occur when large numbersof people are similarly injured by thesame defective product. Theseproducts are often prescription drugsand medical devices. MURRAY

FRANK is currently counsel in In reAvandia Marketing, Sales Pracicesand Products Liability Litigationalleging, on behalf of its clients, thatthey were injured in connection withthe design, development, manufacture,distribution, labeling and marketing ofa widely used diabetes prescriptiondrug.

MURRAY FRANK is currently on theclass action committee and co-chairof the e-discovery committee in theAvandia Litigation.

MURRAY FRANK LLP

ATTORNEYS AT LAW

Page 8: MURFR138075 01 Book · FIRM RESUME 275 MADISON AVENUE NEW YORK, NY 10016 TELEPHONE: (212) 682-1818 U.S. TOLL FREE: (800) 497-8076 FACSIMILE: (212) 682-1892 info@murrayfrank.com

MAJOR ONGOING CASES

In re Infineon Technologies A.G.Securities Litigation – MURRAY

FRANK is co-lead counselrepresenting a class of investors ofInfineon Technologies securities.

Marine Products Antitrust – MURRAY

FRANK is a member of the executivecommittee on behalf of a classalleging antitrust violations regardingmarine products.

In re Royal Bank of Scotland–MURRAY FRANK is a member of theexecutive committee on behalf of aclass of purchasers of RBS preferredsecurities.

Scapini v. Argentina and Daelli v.Argentina – MURRAY FRANK is leadcounsel representing two classes ofinvestors who purchased governmentbonds from Argentina.

In re Deutsche Bank AG SecuritiesLitigation - MURRAY FRANK isco-lead counsel representing a class ofinvestors in certain Deutsche BankAG preferred securities.

Media Xposure Ltd. v. OmnireliantHoldings Inc. - MURRAY FRANK

represents a successor in interest toResponze TV PLC for claims ofbreach of fiduciary duty and fraud byofficers, directors, and third parties.

Scott v. ZST Digital Networks -MURRAY FRANK is lead counselrepresenting a class of investorsalleging fraud regarding ZSTsecurities.

JUDICIAL COMMENDATIONS

Kosseff v. Gilman & Ciocia, Inc.,C.A. No. 188-MG (Del. Ch. Oct. 31,2008), in which the Court stated “Inote that plaintiff ’s attorneys arecapable of sophisticated corporatelitigation and have a good reputationwithin the bar.”

Park v. The Thompson Corp., 2008WL 4684232 (S.D.N.Y. Oct. 22,2008), in which the court stated “classcounsel have provided extremelyhigh-quality representation.”

In re Merrill Lynch & Co., Inc.Research Reports Sec. Litig., 246F.R.D 156, 164, 174 (S.D.N.Y. 2007),in which the Court commendedMURRAY FRANK’S “skillful andzealous representation over a six-yearperiod,” and finding the “high qualityof representation provided by LeadCounsel is evident from the extensiverecord of this case.”

In re Qiao Xing Universal Telephone,Inc., 07-cv-7829 (S.D.N.Y.), in whichthe court stated “I think theyperformed extraordinarily well in thesettlement process and this is anextraordinarily positive settlement forthe class and I have to attribute thatsignificantly to the performance ofclass counsel in the settlementdiscussion process.”

In re General Motors Corp. Sec.Litig., 05-CV-8088 (S.D.N.Y. 2006),in which the Court, before appointingthe firm lead counsel, stated: “weknow Mr. Frank very well, so they areboth esteemed and experiencedattorneys in these matters, and I don’t

MURRAY FRANK LLP

ATTORNEYS AT LAW

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MURRAY FRANK LLP

ATTORNEYS AT LAW

think anybody could go wrong witheither one of them to be honest withyou.”

In re EIS International, Inc. Sec.Litig., 97-cv-813 (D. Conn. 2006), inwhich the Court stated: “I wanted tocompliment counsel . . . We have beentogether quite a long time in the caseand I appreciate all the fine legalwork that you’ve done.”

In re Credit Suisse First BostonCorp. (Agilent Tech. Inc.) AnalystReports Sec. Litig., 431 F.3d 36 (1stCir. 2008), in which the First Circuitstated the plaintiffs were “ablyrepresented.”

Kinney v. Metro Global Media, Inc.,170 F. Supp. 2d 173 (D.R.I. 2001), inwhich the court expressed an“appreciation for how difficult thiscase was for all sides, for how hotlycontested many of the issues in thiscase were from the get-go and howreaching a settlement, given all ofthose considerations, was particularlydifficult; so I commend all of you forpersevering in the efforts that youmade toward reaching a settlement . . .[and] for achieving what I find to be afair, adequate and reasonableresult[.]”

Miller v. Bonmati, Del. Ch., C.A. No.15849, Lamb, V.C. (Del. Ch. March18, 1999), in which the Court stated“I am quite pleased by the work thatwas done by the plaintiffs’ counsel.They seem to have done a veryprofessional job of dealing with a

difficult situation and have obtained,from everything I can ascertain fromthe record in front of me, quite abeneficial settlement that gives anopportunity for this situation to workitself out.”

Adair v. Bristol Tech. Systems, Inc.,179 F.R.D. 126 (S.D.N.Y. 1998), inwhich Judge Robert Sweet statedplaintiffs’ counsel were “skilledadvocates and negotiators.”

Adair v. Microfield Graphics, Inc. (D.Or. 1998), in a case that recovered47% of estimated damages, the Courtnoted “Plaintiff ’s counsel haveexhibited a high quality of work inprosecuting this action.”

Steffen v. Playmobil USA, Inc., CivNo. 95-2896 (E.D.N.Y.), in which theCourt “compliment[ed] both counselin the fine job done negotiating witheach other and also the legal workthat has been submitted to the Court.”

PRECEDENT SETTINGDECISIONS

In Cambridge Biotech Corp. v.Deloitte and Touche LLP, 6 Mass. L.Rptr. 367 (Mass. Super. Jan 28, 1997),on a case of first impression, theSuperior Court of Massachusettsapplied the doctrine of continuousrepresentation for statute of limitationspurposes to accountants for the firsttime in Massachusetts.

Page 10: MURFR138075 01 Book · FIRM RESUME 275 MADISON AVENUE NEW YORK, NY 10016 TELEPHONE: (212) 682-1818 U.S. TOLL FREE: (800) 497-8076 FACSIMILE: (212) 682-1892 info@murrayfrank.com

In Kinney v. Metro Global Media, Inc.,170 F. Supp. 2d 173 (D.R.I. 2001),MURRAY FRANK successfullyargued on a case of first impression inthe District of Rhode Island for thepleading standard for claims againstan auditor under the Private SecuritiesLitigation Reform Act of 1995.

In Feiner v. SS&C Tech., Inc., 11 F.Supp. 2d 204 (D. Conn. 1998),MURRAY FRANK prevailed on anissue of first impression concerningthe liability of a qualified independentunderwriter for an initial publicoffering.

In Adair v. Bristol Tech. Sys., Inc., 179F.R.D. 126 (S.D.N.Y. 1998), MURRAY

FRANK prevailed on an issue of firstimpression in the Southern District ofNew York, successfully arguing thatstanding under the Securities Act of1933 was not limited to buyers whopurchased directly on an initial publicoffering. The opinion wassubsequently cited in decisions andsecondary sources over 88 times.

MURRAY FRANK LLP

ATTORNEYS AT LAW

Page 11: MURFR138075 01 Book · FIRM RESUME 275 MADISON AVENUE NEW YORK, NY 10016 TELEPHONE: (212) 682-1818 U.S. TOLL FREE: (800) 497-8076 FACSIMILE: (212) 682-1892 info@murrayfrank.com

THE PARTNERS

Page 12: MURFR138075 01 Book · FIRM RESUME 275 MADISON AVENUE NEW YORK, NY 10016 TELEPHONE: (212) 682-1818 U.S. TOLL FREE: (800) 497-8076 FACSIMILE: (212) 682-1892 info@murrayfrank.com

BRIAN MURRAY, a partner, wasadmitted to the bars of Connecticut in1990, New York and the United StatesDistrict Courts for the Southern andEastern Districts of New York in 1991,the Second Circuit in 1997, the Firstand Fifth Circuits in 2000, the NinthCircuit in 2002, and the Eastern andWestern Districts of Arkansas in 2011.He received Bachelor of Arts andMaster of Arts degrees from theUniversity of Notre Dame in 1983 and1986, respectively. He received aJuris Doctor degree, cum laude, fromSt. John’s University School of Law in1990. At St. John’s, he was theArticles Editor of the ST. JOHN’SLAW REVIEW. Mr. Murrayco-wrote: Jurisdição Estrangeira TemPapel Relevante Na De Fiesa DeInvestidores Brasileiros, ESPAÇAJURÍDICO BOVESPA (August2008); The Proportionate TradingModel: Real Science or JunkScience?, 52 CLEVELAND ST. L.REV. 391 (2004-05); The Accident ofEfficiency: Foreign Exchanges,American Depository Receipts, andSpace Arbitrage, 51 BUFFALO L.REV. 383 (2003); You Shouldn’t BeRequired To Plead More Than YouHave To Prove, 53 BAYLOR L. REV.783 (2001); He Lies, You Die:Criminal Trials, Truth, Perjury, andFairness, 27 NEW ENGLAND J. ONCIVIL AND CRIMINALCONFINEMENT 1 (2001); SubjectMatter Jurisdiction Under the FederalSecurities Laws: The State of AffairsAfter Itoba, 20 MARYLAND J. OFINT’L L. AND TRADE 235 (1996);Determining Excessive Trading inOption Accounts: A SyntheticValuation Approach, 23 U. DAYTONL. REV. 316 (1997); Loss Causation

Pleading Standard, NEW YORKLAW JOURNAL (Feb. 25, 2005); ThePSLRA ‘Automatic Stay’ of Discovery,NEW YORK LAW JOURNAL(March 3, 2003); and Inherent Risk InSecurities Cases In The SecondCircuit, NEW YORK LAWJOURNAL (Aug. 26, 2004). He alsoauthored Protecting The Rights ofInternational Clients in U.S.Securities Class Action Litigation,INTERNATIONAL LITIGATIONNEWS (Sept. 2007); Lifting thePSLRA “Automatic Stay” ofDiscovery, 80 N. DAK. L. REV. 405(2004); Aftermarket PurchaserStanding Under § 11 of the SecuritiesAct of 1933, 73 ST. JOHN’S L. REV.633 (1999); Recent Rulings AllowSection 11 Suits By AftermarketSecurities Purchasers, NEW YORKLAW JOURNAL (Sept. 24, 1998);and Comment, Weissmann v.Freeman: The Second Circuit Errs inits Analysis of Derivative Copy-rightsby Joint Authors, 63 ST. JOHN’S L.REV. 771 (1989).

Mr. Murray was on the trial teamthat prosecuted a securities fraud caseunder Section 10(b) of the SecuritiesExchange Act of 1934 againstMicrodyne Corporation in the EasternDistrict of Virginia and he was also onthe trial team that presented a claimunder Section 14 of the SecuritiesExchange Act of 1934 against ArtekSystems Corporation and DynatachGroup which settled midway throughthe trial.

Mr. Murray’s major casesinclude In re Eagle Bldg. Tech. Sec.Litig., 221 F.R.D. 582 (S.D. Fla.2004), 319 F. Supp. 2d 1318 (S.D. Fla.

MURRAY FRANK LLP

ATTORNEYS AT LAW

THE PARTNERS

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2004) (complaint against auditorsustained due to magnitude and natureof fraud; no allegations of a “tip-off ”were necessary); In re TurkcellIletisim A.S. Sec. Litig., 209 F.R.D.353 (S.D.N.Y. 2002) (definingstandards by which investmentadvisors have standing to sue); In reTurkcell Iletisim A.S. Sec. Litig., 202 F.Supp. 2d 8 (S.D.N.Y. 2001) (liabilityfound for false statements inprospectus concerning churn rates);Feiner v. SS&C Tech., Inc., 11 F. Supp.2d 204 (D. Conn. 1998) (qualifiedindependent underwriters held liablefor pricing of offering); Malone v.Microdyne Corp., 26 F.3d 471 (4thCir. 1994) (reversal of directed verdictfor defendants); and Adair v. BristolTech. Systems, Inc., 179 F.R.D. 126(S.D.N.Y. 1998) (aftermarketpurchasers have standing undersection 11 of the Securities Act of1933). Mr. Murray also prevailed onan issue of first impression in theSuperior Court of Massachusetts, inCambridge Biotech Corp. v. Deloitteand Touche LLP, in which the courtapplied the doctrine of continuousrepresentation for statute oflimitations purposes to accountantsfor the first time in Massachusetts. 6Mass. L. Rptr. 367 (Mass. Super. Jan.28, 1997). In addition, in Adair v.Microfield Graphics, Inc. (D. Or.), Mr.Murray settled the case for 47% ofestimated damages. In the Qiao XingUniversal Telephone case, claimantsreceived 120% of their recognizedlosses.

Among his current cases, Mr.Murray represents the West VirginiaInvestments Management Board in amajor litigation against Residential

Accredit Loans, Deustche Bank, andCredit Suisse.

Mr. Murray served as a Trusteeof the Incorporated Village of GardenCity (2000-2002); Commissioner ofPolice for Garden City (2000-2001);Co-Chairman, Derivative SuitsSubcommittee, American BarAssociation Class Action andDerivative Suits Committee,(2007-Present); Member, Sports LawCommittee, Association of the Bar forthe City of New York, 1994-1997;Member, Litigation Committee,Association of the Bar for the City ofNew York, 2003-2007; Member, NewYork State Bar AssociationCommittee on Federal Constitutionand Legislation, 2005-2008; Member,Federal Bar Council, Second CircuitCommittee, 2007-present.

Mr. Murray has been a panelistat CLEs sponsored by the FederalBar Council and the Institute forLaw and Economic Policy, at theGerman-American Lawyers AssociationAnnual Meeting in Frankfurt,Germany, and is a frequent lecturerbefore institutional investors inEurope and South America on thetopic of class actions.

MURRAY FRANK LLP

ATTORNEYS AT LAW

THE PARTNERS

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MARVIN L. FRANK, the managingpartner, was admitted to the bars ofNew York, New Jersey, and the UnitedStates District Court for the District ofNew Jersey in 1991, the United StatesDistrict Courts for the Southern andEastern Districts of New York in 1992,the Second Circuit in 1998, theSeventh Circuit in 1999, the UnitedStates Supreme Court in 2004, theDistrict of Nebraska in 2005, theEastern District of Michigan in 2006,the Northern District of Texas in 2006,the Western District of New York in2008, and the Northern District ofIllinois in 2008. Mr. Frank graduatedwith a Bachelor of Arts degree fromThe City College of New York in1969, a Master of BusinessAdministration degree from BernardM. Baruch College in 1974, andreceived his Juris Doctor degree,magna cum laude, from New YorkLaw School in 1991. At New YorkLaw School, he received the KaplunFoundation Award For AcademicExcellence.

Mr. Frank’s major cases includeIn re General Motors Corp. Sec.Litig., 05-CV-8088 (S.D.N.Y.), inwhich the Court, before appointingthe firm lead counsel, stated “weknow Mr. Frank very well, so they areboth esteemed and experiencedattorneys in these matters, and I don’tthink anybody could go wrong witheither one of them to be honest withyou”; Kosseff v. Gilman & Ciocia,Inc., C.A. No. 188-MG (Del. Ch. Oct.31, 2008), in which the Court stated “Inote that plaintiff ’s attorneys arecapable of sophisticated corporatelitigation and have a good reputationwithin the bar”; Sclafani v. Barilla

America, Inc., 2004-03542 (N.Y. App.Div.), in which Mr. Frank successfullyargued before the Supreme Court’sAppellate Division that GeneralBusiness Law § 349(d) did notestablish a complete defense to aplaintiff ’s allegation that Barilla’spackaging misled consumers intobelieving the company’s pasta wasmade in Italy, obtaining a reversal of atrial court dismissal; Miller v.Bonmati, Del. Ch., C.A. No. 15849(Lamb, V.C.) (Del. Ch. Mar. 18,1999), in which the Court stated,while approving a $9.9 millionrecovery: “I am quite pleased by thework that was done by the plaintiffs’counsel. They seem to have done avery professional job of dealing with adifficult situation and have obtained,from everything I can ascertain fromthe record in front of me, quite abeneficial settlement that gives anopportunity for this situation to workitself out.”; In re JWP Inc. Sec. Litig.(S.D.N.Y.) ($40 million recovery); Inre Marion Merrell Dow Inc. Sec.Litig. (W.D. Mo.) ($14 million); In rePictureTel Inc. Sec. Litig. (D. Mass.)($14 million); In re ContiFinancialSec. Litig. (S.D.N.Y.) ($5.5 million);In re EIS International, Inc. Sec.Litig., 97-cv-813 (D. Conn. 2006), inwhich the Court stated: “I wanted tocompliment counsel . . . We havebeen together quite a long time in thecase and I appreciate all the fine legalwork that you’ve done.”; and In reQuintiles Transnational Sec. Litig.(M.D.N.C.) ($3 million).

Mr. Frank is the Vice Presidentof the Institute for Law and EconomicPolicy (ILEP), a public policyresearch and educational foundation

MURRAY FRANK LLP

ATTORNEYS AT LAW

THE PARTNERS

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established to preserve, study, andenhance access to the civil justicesystem by shareholders andconsumers and is Vice President of theEmerald Green Property OwnersAssociation in Rock Hill, New York.

Mr. Frank co-wrote SecuritiesClass Actions: Improving CorporateGovernance Through Accountability,INTERNATIONAL BAR ASSOCIATIONSECURITIES LAW COMMITTEENEWSLETTER (Aug. 2010), andco-wrote Staying Derivative ActionsPursuant to PSLRA and SLUSA,NEW YORK LAW JOURNAL (Oct.21, 2005) and the SECURITIESREFORM ACT LITIGATIONREPORTER, Vol. 20, No. 3 (Dec.2005). Mr. Frank has been a panelistat the Barcelona Bar AssociationConference on class actions inBarcelona, Spain; a panelist at theAmerican Banker’s AssociationOperations Conference for Securities,Brokerage & Trust in Memphis,Tennessee; a panelist at the MagentaOne Conference for Securities andTrust on the Isle of Jersey, UnitedKingdom; and a panelist at the GlobalPensions’ Conference on ShareholderResponsibility and Class Action Lawin London.

MURRAY FRANK LLP

ATTORNEYS AT LAW

THE PARTNERS

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LEE ALBERT, a partner, wasadmitted to the bars of theCommonwealth of Pennsylvania, theState of New Jersey, and the UnitedStates District Courts for the EasternDistrict of Pennsylvania and theDistrict of New Jersey in 1986. Hereceived his B.S. and M.S. degreesfrom Temple University and ArcadiaUniversity in 1975 and 1980,respectively, and received his J.D.degree from Widener UniversitySchool of Law in 1986. Upongraduation from law school, Mr.Albert spent several years working asa civil litigator in Philadelphia, PA. In2005 he became a partner in the ClassAction Firm, Mager & Goldstein.

Mr. Albert represents clients in alltypes of complex litigation includingmatters concerning violations offederal and state antitrust andsecurities laws, mass tort/productliability, and unfair and deceptivetrade practices and is currently co-leadcounsel in Avenarius, et al., v. EatonCorp et al. Some of Mr. Albert’s majorcases include Marine ProductsAntitrust Litigation (C.D. Cal.)(Executive Committee); KleenProducts, et al. v. Packaging Corp. ofAmerica (N.D. Ill.); Baby ProductsAntitrust Litigation (E.D. Pa.); In reATM Fee Litigation (N.D. Cal.);Nettleton, et al. v. Ford Motor Co., etal. (N.D. Cal.); In re AvandiaMarketing, Sales Practices andProducts Liability Litigation (E.D.Pa.); In re Ortho Evra Birth ControlPatch Litigation (N.J. Super. Ct.,Middlesex County); In re BroadcomSecurities Litigation (C.D. Cal.); In reAOL Time Warner, Inc. SecuritiesLitigation (S.D.N.Y.); In re

WorldCom, Inc. Securities Litigation(S.D.N.Y.); In re Canadian CarAntitrust Litigation (D. Me.); and In reMicrosoft Corporation MassachusettsConsumer Protection Litigation(Mass. Super. Ct.). Mr. Albert hasrepresented a national health careprovider at trial obtaining injunctiverelief in federal court to enforce afive-year contract not to compete onbehalf of a national health careprovider and injunctive relief onbehalf of an undergraduate university.

Mr. Albert has extensive litigation andappellate practice experience havingargued before the Supreme andSuperior Courts of Pennsylvania andhas over twenty years of trialexperience in both jury and non-jurycases and arbitrations.

Mr. Albert is active in local politicsand has served as his party’srepresentative as Municipal Chair ofWhitemarsh Township, PA.

MURRAY FRANK LLP

ATTORNEYS AT LAW

THE PARTNERS

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SPECIAL COUNSEL

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RANDALL H. STEINMEYER, is amember of the Firm’s Securities andAntitrust Securities Litigation Group.Mr. Steinmeyer received a J.D.degree, cum laude, from HamlineUniversity School of Law in 1996,where he was a member of theHamline Law Review. He received aBachelor of Science degree from theUNIVERSITY OF SOUTHERNCALIFORNIA in 1993. He is amember of the bars of Minnesota andthe United States District Court forthe District of Minnesota. He is theauthor of multiple articles on thehedge fund and pension fund industry.Prior to joining MURRAY FRANK

Mr. Steinmeyer was a partner withCoughlin Stoia Geller Rudman &Robbins LLP (formerly LerachCoughlin Stoia Geller Rudman &Robbins LLP) and Milberg LLPwhere he served as counsel in theworld’s largest complex class actionsinvolving securities fraud on behalf ofpublic pension funds while recoveringrecord settlements in cases such asEnron, Dynegy, Sprint, HanoverCompressor, and hundreds of others,many of which had precedent settingimpacts on the securities bar. Beforethat, Mr. Steinmeyer headed thesecurities litigation department ofReinhardt Wendorf & Blanchfield inSt. Paul, Minnesota.

Mr. Steinmeyer is a former securitiesbroker and held Series 7 and Series 63licenses with the National Associationof Securities Dealers (now FINRA).He has concentrated his practice inthe areas of securities and antitrustlitigation since 1996. He hasextensive experience, includingsubstantial jury and non-jury trial

work in broker-dealer and class actionlitigation including securities,commodities and public finance.Contemporaneously with his work athis current and previous firms, Mr.Steinmeyer served on the Board ofDirectors of the Hedge FundAssociation for several years afterserving as General Counsel for theNational Association of InvestmentProfessionals.

He also is a regular guest speaker andlecturer on matters concerningcurrent cases, changes in case law,and their respective impact onshareholders’ rights. His appearanceshave spanned the globe, frommultiple television appearances in theU.S. on CNBC to Ch. 2 Francais.From 2000 to the present, Mr.Steinmeyer has been a regular guestspeaker in the offshore financialcommunity, including the U.K.,France, Germany, Portugal, CaymanIslands, the Netherlands, Italy,Channel Islands, Bermuda, Mexico,Switzerland, and the NetherlandAntilles. During 2002 Mr. Steinmeyerconvened with the Channel IslandsSecurities financial authorities toassist in proposing new legislationensuring that Guernsey and Jerseyinstitutions, while acting asfiduciaries, would have better accessto class action notice andparticipation. In 2003, he was a guestlecturer at Oxford University. In 2004,at the University of Verona, helectured on the conflicts of U.K. andEuropean law with US law and how,by availing themselves of U.S. law,funds based in the U.K. and theEuropean Union can recover theirlosses caused by securities fraud.

SPECIAL COUNSEL

MURRAY FRANK LLP

ATTORNEYS AT LAW

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SENIOR COUNSEL

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MURRAY FRANK LLP

ATTORNEYS AT LAW

SENIOR COUNSEL

BENJAMIN BIANCO, counsel,was admitted to the New York bar in2003, the Southern and EasternDistricts of New York in 2005, andthe District of Colorado in 2009. Hereceived his Juris Doctor Degree,cum laude, in 2002 from BrooklynLaw School, and a Bachelor of Artsfrom Gonzaga University in 1998.Prior to joining MURRAY FRANK inSeptember 2010, Mr. Bianco spentthe prior two and half years in thecivil prosecution of antitrust andsecurities fraud class actions atLabaton Sucharow LLP. Mr. Biancobegan his career at O’Melveny &Myers LLP and Sidley Austin LLP,where he practiced complexcommercial litigation, includingnumerous antitrust and securitiesactions in state and Federal courts,before the SEC, and internationalarbitration panels.

Mr. Bianco represents clients in alltypes of complex litigationincluding matters concerningviolations of federal and stateantitrust and securities laws,corporate governance, and unfairand deceptive trade practices,including consumer fraud.

Mr. Bianco is currently co-leadcounsel in Avenarius, et al., v.Eaton Corp., et al. (D. Del.), anantitrust class action against theworld’s largest commercial truckand transmission manufactures.

Mr. Bianco is also a member of theleadership team prosecuting Scott v.

ZST Digital Networks, Inc. (C.D.Cal.), a federal securities classaction; Page v. BJ’s WholesaleClub, Inc. (Del. Ch.), a shareholderderivative action; and In re MarineProds. Antitrust Litig. (C.D. Cal.).

In addition, Mr. Bianco is currentlya member of the teams prosecutingNettleton, et al., v. Ford MotorCompany (N.D. Cal.); In re RoughRice Commodity Litig. (N.D. Ill.);In re NCAA Student-Athlete Name& Likeness Licensing Litig. (N.D.Cal.); Kleen Prods Corp. v.Packaging Corp. of America (N.D.Ill); In re Air Cargo Shipping Servs.Antitrust Litig. (E.D.N.Y.); and Inre Aftermarket Filters AntitrustLitig. (N.D. Ill). Mr. Bianco wasalso a leading member of the teamsthat reached successful settlementsin In re Flat Glass Antitrust Litig. II(W.D. Pa.); In re NovaGoldResources Inc. Securities Litig.(S.D.N.Y.); and In re OppenheimerFunds, Inc. Securities Litig. (D.Colo.).

Mr. Bianco recently co-wrote anarticle on “Recent Developments inClass Arbitration,” published in theMealey’s Litigation Report (Sept.17, 2009).

Mr. Bianco is the founding memberand President of GonzagaUniversity’s New York City AlumniChapter.

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THE ASSOCIATES

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GREGORY B. LINKH, anassociate, was admitted to the barsNew York and the United StatesDistrict Court for the Southern andEastern Districts of New York in2000. He graduated from the StateUniversity of New York atBinghamton with a Bachelor ofArts degree in 1996 and received aJuris Doctor degree from theUniversity of Michigan in 1999.Mr. Linkh is the co-author ofInherent Risk In Securities Cases InThe Second Circuit, NEW YORKLAW JOURNAL (Aug. 26, 2004);Staying Derivative Action Pursuantto PSLRA and SLUSA, NEW YORKLAW JOURNAL (Oct. 21, 2005)and the SECURITIES REFORMACT LITIGATION REPORTER,Vol. 20, No. 3 (Dec. 2005). Prior tojoining MURRAY FRANK, Mr.Linkh was associated with the lawfirms Dewey Ballantine LLP andPomerantz Haudek BlockGrossman & Gross LLP.

THOMAS J. KENNEDY, anassociate, was admitted to the barsof New York and the United StatesDistrict Courts for the Southern andEastern Districts of New York in1996. He received a Juris Doctordegree in 1995 from St. John’sUniversity School of Law and aBachelor of Science in Accountingfrom Miami University in 1992.Mr. Kennedy passed the CertifiedPublic Accounting exam in 1998.

BRIDGET V. HAMILL, anassociate, was admitted to the barsof New Jersey in 2001, New York in2005 and to the United StatesDistrict Courts for the SouthernDistrict of New York and theDistrict of New Jersey in 2011. Shereceived a Juris Doctor degree in2000 from Rutgers School of Lawand a Bachelor of Arts fromDouglass College of RutgersUniversity, where she was one oftwelve members of her graduatingclass in the Douglass ScholarsAcademic Scholarship Program, in1985. Her primary area of practiceis securities class action. Prior tojoining MURRAY FRANK, Ms.Hamill was law clerk to UnitedStates Magistrate Judge Mark Falkin the District of New Jersey. Whileattending law school, she was anemployee stock options/stockpurchase plan administrator in NewYork City. Prior to entering lawschool, Ms. Hamill was a healthcare information systems manager.

MURRAY FRANK LLP

ATTORNEYS AT LAW

THE ASSOCIATES

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THE ASSOCIATES

OLGA FORT, an associate, wasadmitted to the New York bar in2005 and the United States DistrictCourts for the Southern and EasternDistricts of New York in 2007. Shegraduated from Fordham UniversitySchool of Law with a Master ofLaws degree in Banking, Corporateand Finance Law in 2004. Shereceived a Juris Doctor degree in1998 from the Moscow Institute ofEconomics and Law and a Bachelorof Arts degree in Commerce andMarketing from MoscowUniversity for the Humanities in1995. She attended the RussianState Institute of IntellectualProperty from 1998 to 2000. Ms.Fort is the author of “InternationalExhaustion of Intellectual PropertyRights”, PATENT AFFAIRS, #8,Moscow, 2000 and “Exhaustion ofIntellectual Property Rights”,RUSSIAN STATE INSTITUTE OFINTELLECTUAL PROPERTYJOURNAL, Moscow, 1999(Presentation at the Conference onLegal Protection, Commercial Useand Problems associated withIntellectual Property organized bythe Russian State Agency onPatents and Trademarks, December16-17, 1999). While attending lawschool, Ms. Fort clerked for a Judgein Moscow Military Court. Sheworked as a legal counsel for theSavings Bank of the RussianFederation where she specialized inbanking, finance, and corporatelaw. She is a member of theAmerican Bar Association, NewYork State Bar Association, and

New York County Lawyers’Association. Ms. Fort is fluent inRussian.

SCOTT H. LEVY, an associate,was admitted to the New York bar in2006 and the United States DistrictCourts for the Southern and EasternDistricts of New York in 2007. Hereceived a Bachelor of Arts degreein History from the University ofCalifornia at Berkeley in 2001 anda Juris Doctor degree from theFordham University School of Lawin 2005. At Fordham, he was a staffmember of the FORDHAMURBAN LAW JOURNAL.

GREGORY A. FRANK, anassociate, was admitted to the NewYork Bar in 2008 and the UnitedStates District Courts for theSouthern and Eastern Districts ofNew York in 2009. He received aB.A. from Dartmouth College in2001 and earned his J.D. from theGeorgetown University Law Centerin 2006. At Georgetown, Mr. Frankwas a member of The Tax Lawyer,published by the American BarAssociation Section on Taxationand edited by Georgetown Law.

MURRAY FRANK LLP

ATTORNEYS AT LAW

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ANGELA M. FINLAY, anassociate, was admitted to theWashington State bar in 2000. Shereceived a Juris Doctor degree fromNew York Law School in 1999 and aBachelor of Arts from LoyolaCollege in Maryland in 1991. Sheholds a Certificate in AdvancedAccounting from the University ofWashington Business School.

KATHERINE E. SMITH, anassociate, was admitted to the barsof New York and the United StatesDistrict Courts for the Southern andEastern Districts of New York in2008. She received a B.S. fromBoston University in 2003 andearned her J.D. from the New YorkLaw School in 2007. Prior to joiningMURRAY FRANK in March 2011,Ms. Smith was employed by the Cityof New York, assigned to the SpecialFederal Litigation Division, whereshe litigated numerous cases in theSouthern and Eastern Districts ofNew York.

MURRAY FRANK LLP

ATTORNEYS AT LAW

THE ASSOCIATES

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SHIYONG (SHAUN) YE, anassociate, was admitted to the bars ofNew York in 2010 and Massachusettsin 2010 and was admitted to theUnited States District Court for theSouthern District of New York in2011. He received a L.L.B. from theGuizhou University School of Law in2001 and earned his J.D. fromMichigan State University College ofLaw in 2008. Prior to joiningMURRAY FRANK, Mr. Ye worked atKing & Wood Law Firm (Beijing),Chicago Climate Exchange, USEnvironmental Protection Agency,and Crone & Rozynko LLP. Mr. Yehas advised a range of clients oncorporate securities, merger andacquisition, and environmental andenergy matters. His clients includeinvestors, power grids, electricgeneration, oil and gas, mineralexploration companies, carbon funds,offset providers, manufacturers, andindustry coalitions. He also hashandled general corporate matters,SEC filings, EPA registration, andmergers and acquisitions.

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ATTORNEYS AT LAW