1 1230 Peachtree Street 2300 Promenade II Atlanta, GA PH FX
2 Chitwood Harley Harnes LLP ( Chitwood ), one of the nation s premier boutique litigation law firms, specializes in protecting the rights of those harmed by corporate fraud. During its sixteen year history, Chitwood has prosecuted many high profile class actions, recovering billions of dollars for class members and forcing a variety of corporate reforms. In 2004 alone, the firm recovered $583 million for investors and was identified as the fourth most successful securities class action firm in terms of gross recoveries and the second most successful firm in terms of average recovery for that year by Investor Shareholder Services ( ISS ) in its Securities Class Action Services Alert ( SCAS 50 ). Chitwood represents both institutional investors and individuals in a wide variety of lawsuits to remedy corporate wrongdoing. The firm primarily pursues securities class actions brought under the Private Securities Litigation Reform Act of 1995 (the PSLRA ) but also is a leader in litigating non-pslra securities cases, including derivative and corporate governance actions, as well as antitrust and consumer protection class actions. The firm maintains offices in Atlanta, Georgia and Great Neck, New York and has more than 20 attorneys. Our dedicated litigation team includes former clerks of federal judges, a former circuit court staff attorney, forensic accountants and a team of highly trained paralegals, each of whom has more than five years of experience with complex civil litigation. Appointed lead or co-lead counsel in dozens of cases, Chitwood has achieved outstanding results and earned the praise of both courts and clients. Chitwood is one of only a handful of class action firms in the country with significant experience representing large public and private institutional clients. The firm prides itself both on its high ethical standards and on its policy of filing only those cases which appear to have significant merit following extensive investigation and evaluation. Chitwood s professionalism and commitment to zealous representation of its clients have produced outstanding outcomes in the cases it has litigated.
3 Lead counsel s skills and diligence achieved an exceptional settlement for the benefit of the class. United States District Judge Thomas W. Thrash, Jr. NORTHERN DISTRICT OF GEORGIA In re 1996 Medaphis Corp. Securities Litigation Martin D. Chitwood has served as lead or co-lead counsel in more than 40 class actions nationwide and has been instrumental in recovering billions of dollars for investors and other class members. In a lead article in February 2004, the Atlanta Journal/Constitution stated that Mr. Chitwood is considered the plaintiffs lawyer in the State of Georgia. He has also been recognized as a Georgia Super Lawyer by Law and Politics each year since the inception of the award. Recently, Mr. Chitwood served as co-lead counsel in both the BankAmerica securities litigation in the Eastern District of Missouri, in which $490 million was recovered for investors, and the Oxford Health securities litigation in the Southern District of New York, which resulted in a $300 million recovery for investors. When these cases were resolved in 2003 they were the second and fi fth largest recoveries, respectively, since the enactment of the Private Securities Litigation Reform Act of 1995 (the PSLRA ). Mr. Chitwood has also served as lead trial counsel in approximately 25 jury trials and has written and argued numerous appeals. Mr. Chitwood has served by appointment as a Special Assistant Attorney General for the State of Georgia to represent Georgia state pension funds in securities class actions and has also served as lead counsel in securities class actions for pension funds of numerous other states. He is one of the select few attorneys who have served as lead counsel for private mutual funds that have been appointed as lead plaintiffs in securities class action litigation. Also, Mr. Chitwood has served as Vice President, Co-Chair of Securities, and a director of the National Association of Securities and Consumer Law Attorneys (NASCAT). He is recognized as a leader in the fi eld of corporate governance reform. Mr. Chitwood attended the University of Georgia, where he received his A.B., M.A., and J.D. degrees, the last in Mr. Chitwood has participated as a panelist in many professional seminars, and is the author of papers on various aspects of securities and antitrust litigation. Additionally, he authored multiple articles relating to securities litigation, the PSLRA and class actions published by the Institute for Continuing Legal Education ( ICLE ) in Georgia and has presented these articles at ICLE seminars. CHITWOOD S PRACTICE AREAS Securities Fraud Litigation The majority of Chitwood s cases are securities fraud class actions filed on behalf of shareholders of publicly traded companies. In these actions, the firm represents investors, frequently institutional investors such as state, county or union pension funds, in lawsuits to recover monetary losses caused by fraudulent misrepresentations or omissions by a company, its officers and directors, and often its auditors, that artificially affect the price of the company s stock. Investors rely on information provided by corporate management in press releases, SEC filings and company conference calls when making decisions to invest in a particular company. A company s stock price is determined by such information, and when that information is revealed to be false or fraudulent, investors may suffer a monetary loss. Cases to recover monies lost as a result of corporate fraud are often brought as class actions, with one or more persons or entities taking a leadership role (or serving as a lead plaintiff ) on behalf of all similarly situated individuals. Congress, when enacting the PSLRA in 1995, determined that the person or entity with the largest losses is the most appropriate party to lead this type of litigation. As a result, there has been an increasing trend toward institutional investor leadership in securities fraud class actions. This trend has resulted in higher recoveries for all investors, and Chitwood is proud to represent a number of public and private funds in these cases. Sometimes a fund has a loss so significant that it may choose to file an individual, or opt-out, action against a company. In addition to serving as counsel for classes, Corporate Governance Litigation Corporate governance is a phrase that has recently received much attention among institutional investors. For the attorneys in Chitwood s New York office, however, corporate governance has been a focus for the past 20 years. Corporate governance lawsuits are actions brought by persons or entities that currently hold shares of a company s stock, in an effort to prevent or remedy an action that will injure or has injured the corporation or its shareholders, or to bring about corporate change that will improve the company. Corporate governance litigation includes a wide variety of shareholder actions, from derivative claims seeking to enforce a right of the corporation, and class actions seeking to remedy unfair dilution of the interests of public shareholders, to declaratory or injunctive actions to vindicate the right of shareholders to nominate, vote for, and elect directors. These actions all have one thing in common they increase shareholder value in a particular company. For example, in In re M&F Worldwide Corp. Shareholder Litigation, Ronald Perelman, who owned 35% of the stock of M&F Worldwide Corp., a licorice company whose management team Perelman controlled, caused the company to purchase his 80% stake in Panavision, a highly leveraged movie camera manufacturer. Chitwood attorneys served as lead counsel for several M&F Worldwide shareholders who challenged the transaction, alleging that their company paid much too much for the Panavision stock and that the stock of public shareholders was unfairly diluted by the transaction. At the conclusion of the trial, but before a ruling by the court, the Defendants settled for all of the relief that the plaintiffs sought the complete rescission of the transaction. As a result of the settlement, the market price of the stock of M&F Worldwide went from Craig G. Harley has served as lead or co-lead counsel in numerous trials, appeals, arbitrations, mediations and other contested matters in state and federal courts in Georgia and elsewhere. He has held leadership roles in some of the most signifi cant antitrust class actions fi led in recent years, including those involving the bulk vitamins, polypropylene and nylon carpet, motorsports merchandise, carbon fi ber, and food fl avorings industries, and he presently serves as lead counsel in several major securities fraud class actions pending against large Atlanta corporations. He is proud to have assisted various courts and other entities with making cy pres distributions of unclaimed settlement benefi ts in several matters, including working with the Georgia Attorney General to distribute thousands of compact discs to Georgia s public library systems. Mr. Harley has presented materials at numerous class action and antitrust seminars for the Georgia Trial Lawyers Association, the State Bar of Georgia s Antitrust Section, and Georgia s Institute for Continuing Legal Education. Mr. Harley has been selected as a Georgia Super Lawyer since the inception of the list. Mr. Harley received his B.A. degree from Duke University (1980) and his M.B.A. (1983) and J.D. (1986) degrees from Georgia State University. Chitwood counsels and represents its clients with respect to opt-out actions filed by individual investment entities under state laws. Chitwood served as co-lead counsel in both the BankAmerica securities litigation in the Eastern District of Missouri, which resulted in a $490 million recovery for investors, and the Oxford Health Plans securities litigation in the Southern District of New York, which resulted in a $300 million recovery. At the time these cases were resolved, they were the second and fifth largest recoveries, respectively, since the enactment of the PSLRA. approximately $3 per share the point at which it had settled when Perelman announced the transaction to almost $14 per share within a year of the rescission of the transaction. Chitwood attorneys have also participated as lead counsel in the establishment of a score of important precedents in corporate governance cases. A leading treatise in corporate law, The Business Judgment Rule, et al. (5th Ed.), p. 379, identified two Delaware corporate law decisions litigated by Chitwood attorneys as the most significant Delaware corporate law decisions defining the fiduciary duties of controlling shareholders in the past 20 years.
4 The State of Georgia was proud to be served by the accomplished and reputable attorneys of Chitwood Harley Harnes LLP. Governor Roy Barnes IMMEDIATE PAST GOVERNOR, STATE OF GEORGIA Gregory E. Keller graduated summa cum laude from Yale University in 1979, and cum laude from Harvard Law School in He clerked for the Honorable Morey L. Sear, United States District Judge for the Eastern District of Louisiana, from 1982 to Mr. Keller was admitted to the Bar of the State of Washington in 1983, and, until 1994, was a partner in the Seattle law fi rm of Hillis Clark Martin & Peterson, where he tried a number of complex jury trials to successful verdicts. Mr. Keller is also admitted to practice in the state of New York. Mr. Keller s practice concentrates exclusively on corporate and securities litigation, with a particular focus on derivative and corporate governance actions. He is one of only a handful of attorneys nationally with extensive experience trying securities class action and corporate governance cases. John F. Harnes is a graduate of Harvard College and Brooklyn Law School. He was admitted to the Bar of the state of New York in Since his admission, Mr. Harnes has specialized almost exclusively in securities and corporate litigation. From 1986 to 1991 Mr. Harnes was a litigation associate in the New York offi ces of Skadden Arps Slate Meagher & Flom. Mr. Harnes has participated in numerous trials involving corporate and securities matters, and he has argued on numerous occasions before appellate courts, including the Supreme Court of Delaware, the New York Court of Appeals, and the First and Second Circuits. Mr Harnes is admitted to practice in the courts of New York, the First, Second and Seventh Circuit Courts of Appeals, Federal District Courts in New York and in other Districts around the country, including Arizona and Wisconsin. Mr. Harnes has also been admitted to practice pro hac vice in specifi c cases in federal and state courts throughout the country. TOP 5Chitwood Identified as a 5Top 5 Firm Chitwood was recognized by Securities Class Action Services ( SCAS ), as one of the most successful plaintiffs securities litigation firms in the country on the 2004 SCAS 50 list (#4 in the nation). During 2004, Chitwood recovered more than $583 million for investors who were victims of alleged securities fraud and averaged nearly $73 million dollars per case in the eight cases it resolved, ranking it number 2 for average recovery per case among all plaintiffs securities firms that settled five or more cases. In 2003, Chitwood was ranked number 7, and in 2005 Chitwood was ranked 24 on the SCAS 50 in total recoveries. CHITWOOD S PRACTICE AREAS Antitrust Litigation Chitwood has litigated claims under the Sherman Antitrust Act for the past 16 years and has held leadership positions in some of the nation s largest antitrust cases. For example, Chitwood helped to secure a $50 million recovery related to pricing in the carpets industry (which is based in Georgia) and a recovery of more than $1.2 billion from price fixing in the international vitamins market. The firm s antitrust cases focus on price fixing and seek a refund of overcharges the difference between artificially inflated prices and what the prices would have been in a competitive market caused by price fixing conspiracies. Consumer Litigation Consumer class action lawsuits seek recovery for company-wide or industry-wide practices that harm many individual consumers or customers in the same way. For instance, if a company has manufactured a product with a consistent defect or has made misrepresentations in the sale of its products that cause harm to its customers, a single customer may sue the company on behalf of all similarly situated customers to recover damages. Most recently, the firm s consumer litigation practice has tended to focus on companies in the personal and information technology fields. Cases brought against these companies require not only legal expertise, but also mastery of the underlying technology. We have found that high-tech companies all too frequently rush their products to market without adequate testing and quality control and then refuse to make repairs or to fairly compensate customers for the products diminished value. In 2006, following three years of hotly contested litigation, Chitwood reached a settlement of a class action against Seiko Epson Corporation s American subsidiary arising from claims that Epson inkjet printer cartridges falsely claim to be empty and shut down while significant ink remains in the cartridge. That settlement, valued in excess of $900 million, is one of the largest consumer class action settlements in history. Regardless of the product or industry involved, Chitwood brings years of experience and consummate ability to consumer actions throughout the United States. [Class counsel] working on this case... [have] been in my view excellent and [I] want[ed] to make note that all of you did a fine job and it is really a pleasure to work with you over half a decade. States District Judge Charles L. Brieant Southern District of New York In re Oxford Health Plans, Inc. Securities Litigation caseunited case study In re Oxford Health Plans, Inc. Securities Litigation MDL No (CLB) (S.D.N.Y.) The Client: Co-lead plaintiffs PBHG Funds (private mutual fund represented by Chitwood); Colorado Public Employees Retirement Association, and an individual investor (represented by co-counsel) The Claims: The complaint alleged that Oxford made material misrepresentations to the public about its accounting with the aid of its auditor, KPMG. At the time, the Oxford litigation was the largest securities class action ever filed in terms of market capital loss. The Process: Chitwood took a leadership role in discovery and trial preparation over the course of the six-year litigation. Class counsel reviewed thousands of documents and established a sophisticated computerized database. The document review process required more than two years and was staffed by the firm s dedicated associates. The firm worked with accounting and expert witnesses to prepare damages assessment, filed and prevailed on countless motions, and spent months preparing for trial, including organizing and participating in mock trials, working with jury consultants, and preparing exhibits and multi-media presentations. The Result: After almost six years of litigation, the case was settled for $300 million the weekend before the scheduled start of trial. Many corporate governance reforms related to auditing, ethics, disclosures, and board compensation were implemented pursuant to the terms of the settlement. The $75 million portion of the settlement paid by KPMG was one of the largest recoveries ever from an accounting firm.
5 Darren T. Kaplan received his B.A. degree in political science from Syracuse University in 1988 and his J.D. from Hofstra University School of Law in He was admitted to the Connecticut Bar in 1991, the New York Bar in 1992 and the Georgia Bar in In addition to the state courts of Georgia, New York and Connecticut, Mr. Kaplan is admitted to practice in every federal district court in New York, the United States District Court for the Northern District of Georgia, the U.S. Court of Federal Claims, the U.S. Court of International Trade, the Second, Third, Ninth, and Eleventh Federal Circuit Courts of Appeals, and the Supreme Court of the United States. Mr. Kaplan joined the fi rm as a partner in April He was formerly a partner at Harnes Keller LLP in New York, New York where he litigated a number of derivative and class actions in the areas of corporate governance, shareholder rights, securities fraud and consumer protection. In addition to representing shareholders in derivative and class action litigation, Mr. Kaplan focuses on class actions in the personal and information technology fi elds. In Ades v. Microsoft Corp., he represented a nationwide class of purchasers of Microsoft computer mice. He was co-lead counsel in Epson Ink Cartridge Cases, representing a certifi ed nationwide class of purchasers of Epson printer ink cartridges. He is currently co-lead counsel in Checkmate Strategic Group, Inc. v. Yahoo! Inc., representing a certifi ed class of advertisers who claim to have been overcharged for fraudulent clicks on Yahoo! ads. Mr. Kaplan has substantial trial experience and has argued appeals in the First and Second Departments of the New York Appellate Division and the Second Circuit Court of Appeals. case Robert Bob Killorin is a native of Atlanta. He received his A.B. degree, cum laude, from Duke University in He received his J.D. from the University of Georgia in 1983 where he participated in the Prosecutorial Clinic and was a member of the ABA national moot court team and the national mock trial team. Mr. Killorin has served as lead or co-lead counsel in numerous trials, appeals, contested hearings, arbitrations, mediations and other matters. He is a member of the State Bar of Georgia, the American and Atlanta Bar Associations, and the Georgia Trial Lawyers Association. Mr. Killorin is admitted to practice in all state trial and appellate courts, the United States District Court for the Northern District of Georgia, the Eleventh Circuit Court of Appeals and the U.S. Supreme Court. Mr. Killorin has handled a broad range of civil litigation, including business and securities litigation, asbestos defense, federal admiralty claims, and international treaty law. His practice now focuses on class, derivative, multi-plaintiff, and other complex litigation.... As the Court has remarked throughout this litigation, class counsel... have performed at exceptionally high levels, and all the parties have been exceedingly well represented. study United States District Judge John F. Nangle SITTING IN SPECIAL DESIGNATION FOR THE EASTERN DISTRICT OF MISSOURI In re Bank of America Securities Litigation Class members were well served by experienced attorneys who, through considerable time and effort, obtained a significant recovery for their clients. United States District Judge Charles L. Brieant Southern District of New York In re Oxford Health Plans, Inc. Securities Litigation In re Bank of America Securities Litigation MDL No (E.D. Mo.) The Client: Individual Investors The Claims: The complaint alleged that BankAmerica concealed losses that it incurred due to investments in a hedge fund, the disclosure of which may have led NationsBank shareholders to vote against the NationsBank and BankAmerica merger. The Process: Chitwood organized and participated in over 25 depositions, reviewed thousands of documents and prevailed on various motions, including defendant s motion to dismiss, the motion for class certification and various motions to compel discovery. The Result: $490 million paid by defendants to class members. At the time, this was the second largest settlement since the passage of the PSLRA. CHITWOOD S SECURITY FRAUD MONITORING PROGRAM FOR INSTITUTIONAL INVESTORS Over 1,500 securities fraud cases have been filed since the year While most people are aware of the Enron and WorldCom debacles, the majority of the cases filed each year go under most people s radar screen. Under the PSLRA, many of these cases warrant institutional leadership. To fulfill their duties, fiduciaries for public funds should be aware of each case in which their fund has class period purchases, and should file proof of claim forms at the conclusion of each case. Chitwood has over a decade of experience representing institutional investors in securities litigation and is proud to have working relationships with a large number of state, city, county, municipal and union pension funds. In order to provide comprehensive securities representation to our clients, we have developed a state-of-the-art, computerized monitoring program that allows us to help our clients meet or exceed their fiduciary responsibilities with respect to securities litigation matters. Chitwood s proprietary monitoring program allows the firm s clients to make informed decisions about each new securities lawsuit that affects the client s interests. As part of the program, Chitwood s clients provide the firm with access to data relating to their transactions in the U.S. stock markets; that trading data is then inputted into Chitwood s computerized database and is cross-referenced with all securities class actions filed pursuant to the PSLRA. Our staff of attorneys, with the advice of market specialists, assesses the merits of each new securities case and notifies the firm s clients of those cases which impact their holdings. By participating in Chitwood s complimentary monitoring program, clients possess the tools necessary for them to: Identify which securities fraud lawsuits may provide a monetary recovery for them; Determine their estimated damages in each; Promptly obtain advice from experienced counsel about whether to participate actively in a lawsuit; Ensure that all appropriate claim forms are filed in cases in which they are entitled to a recovery. Studies continue to show that a large number of pension funds fail to file the appropriate claim forms at the conclusion of each securities class action. As a result, those funds fail to obtain maximum benefits for their members. Chitwood works closely with its clients and their custodial banks to confirm that all eligible claims are made in a timely fashion. As counsel to dozens of funds, Chitwood takes its fiduciary responsibilities to its clients seriously. We recommend that our clients seek a lead plaintiff role only in those cases that have strong merits and in which the fund has significant losses.
6 T hanks to everyone at Chitwood for your hard work and commitment to our case. Due to your excellent teamwork in trial preparation, we were able to maximize the recovery for the class. I appreciate how well you kept us informed throughout the litigation. Your firm made it possible for the Retirement Systems of Alabama to be an active and effective lead plaintiff. William Kelley GENERAL COUNSEL, RETIREMENT SYSTEMS OF ALABAMA In re Providian Financial Corp. Securities Litigation Nikole Davenport has served as lead counsel in various complex cases. Her work includes new case investigation and analysis, as well as daily case management and strategy for prosecuting securities and antitrust class actions. In addition, Ms. Davenport is the director of client relations for the fi rm. Ms. Davenport takes an active role in protecting the interests of institutional investor clients. She is a member of the National Association of Public Pension Attorneys, the Counsel of Institutional Investors, and is a corporate affi liate of the National Association of State Treasurers. Ms. Davenport also attends a number of conferences each year that address issues relating to public and private pension funds and regularly lectures to pension board members and trustees. Over the past fi ve years, Ms. Davenport co-authored three chapters in Litigating the Class Action Lawsuit in Georgia and has served as a presenter at class action continuing legal education seminars. In January 2002, Ms. Davenport served as a panelist at the American Bar Association s International Cartel Symposium in New York, New York. Ms. Davenport received her B.A. and J.D. degrees from Temple University in 1990 and 1994, respectively. She received an Outstanding Oral Advocacy Award while at Temple University School of Law. Y ou worked...like demons. You absolutely worked. And by working as hard as you worked, you got it. You got the settlement that I have to believe was a good settlement...so I thought you did a fine job, and you came right up to the plate when it was necessary... UNITED STATES DISTRICT Judge Charles R. Breyer NORTHERN DISTRICT OF CALIFORNIA In re Providian Financial Corp. Securities Litigation CLIENT RELATIONS TEAM Jerry L. Gray, Director of Government Relations for Chitwood, and partner Nikole Davenport lead the fi rm s client relations team. Dedicated to meeting the needs of the fi rm s clients, Mr. Gray and Ms. Davenport focus on issues related to the interests of public employees and investment professionals. Mr. Gray, a graduate of Morris Brown College, has over a decade of marketing, management, and administrative experience, including work in the areas of contracts and procurement, governmental banking and fi nance, budgeting, pensions and investments, personnel administration, and project management. A veteran of public service, Mr. Gray was Deputy Chief of Staff for former Governor Roy Barnes, with responsibility for the day-to-day operations of the Governor s Offi ce of External Affairs. In addition, Mr. Gray had oversight duties for a pension and investment budget of over $60 billion. Prior to his service to the former Governor, Mr. Gray served as Chief of Staff for Fulton County Commissioner Martin L. King III. Mr. Gray has received a number of awards in recognition of his commitment to public service. In 1999, the Georgia Legislative Black Caucus honored Mr. Gray with the Pacesetter Award for being the only African American to hold the high offi ce of Deputy Chief of Staff with the Governor s Offi ce in the State of Georgia. In 2001, Mr. Gray received the Georgia Chapter President s Noble Award in recognition of his outstanding contributions to the State of Georgia. From , Mr. Gray participated in the Governor s Mentor Protégé Program and in 2002 was awarded the National Alumni Summer Conference to Make a Difference in Atlanta and Georgia Award by the University of Arkansas Pine Bluff in his home state of Arkansas. In addition, Mr. Gray has been recognized for his efforts to protect Georgia s natural resources. Between 1997 and 2004, Mr. Gray helped to raise $160 million to conserve 70 miles of Chattahoochee River frontage and created 13,280 acres of new parklands in Georgia, culminating in his recognition as an Outstanding Contributor to the Chattahoochee River Greenway. I actually did want to tell you that I thought you did an excellent job. [A]nd if other cases come along the pike, I would be delighted to consider you [for lead counsel] again. United States District Judge Charles R. Breyer Northern District of California In re Providian Financial Corp. Securities Litigation case study In re Providian Financial Corporation Securities Litigation No. C CRB (N.D. Ca) The Client: The Retirement Systems of Alabama The Claims: The complaint alleged that Providian and its senior management misled the investing public about its expected charge-off rates on Providian s credit card loan portfolio throughout the Class Period. In addition, Providian misrepresented the market segments into which it was expanding. The complaint further alleged that the defendants failed to disclose a change in the company s policy for processing bankruptcy filings in mid-june 2001 so that Providian could postpone reporting $30 million in losses until the next quarter. From mid-june 2001 until the change was discovered by securities analysts in late August 2001, senior management sold off approximately $22 million of its own Providian stock at inflated prices. The Process: Judge Breyer in the Northern District of California placed the case on a fast track and in January ordered a June trial date, despite the fact that defendants had not yet produced the majority of documents requested in discovery and had not produced all witnesses for depositions. With everyone s feet to the fire, Chitwood attorneys set up a satellite office in San Francisco, moving 20 attorneys and staff members to man the case. Chitwood attorneys took on the Morrison Forrester defense team at rocket speed, taking over 40 depositions and reviewing over 500,000 pages of documents in just a few months, fully preparing for trial. The Result: The defendants met Chitwood s demand for the class of $65 million just one business day before striking a jury. Chitwood s intense trial preparation caused a more than 200% increase in defendant s offer in the last 60 days prior to trial.
7 James Josh Wilson received his B.A. from Georgia State University in 1988, his J.D. from the University of Georgia in 1991, and his LL.M. in Tax Law from New York University in While obtaining his law degree, Mr. Wilson was an editor for the Georgia Journal of International and Comparative Law, and studied and worked abroad in both Brussels, Belgium and Munich, Germany. Mr. Wilson was formerly associated with Reed Smith, LLP in New York City, where he focused on complex business litigation and securities arbitration before the New York Stock Exchange and the National Association of Securities Dealers. Mr. Wilson has participated in several jury and bench trials in both federal and state courts. His practice at Chitwood focuses on securities class actions, antitrust and other complex litigation in federal and state courts. Mr. Wilson is admitted to practice law in the States of Georgia and New York, before the United States District Courts for the Middle and Northern Districts of Georgia, and before the Southern and Eastern Districts of New York. Mr. Wilson also is a member of the American Bar Association, the Atlanta Bar Association, and the New York State Bar Association. Krissi T. Gore is a native of Atlanta where she attended the Lovett School before she graduated from Phillips Academy in Andover, Massachusetts. Ms. Gore received her B.A. degree, cum laude, with a double major, from Wellesley College in During her college career, she participated in a one-year academic program at Dartmouth College and was a member of the Wellesley and Dartmouth cross country teams. She attended the Ukranian Institute at Harvard University in 1990 and the Kiev-Mohlya Academia in Ukraine in Ms. Gore earned her J.D. degree in May 1999, from the University of Georgia. Meryl W. Edelstein received her B.S. degree, cum laude, with a double major in accounting and fi nance from the University of Florida in Ms. Edelstein received her J.D. degree from Boston University School of Law in 1999, where she received the Edward F. Hennessey award for academic achievement. While attending law school, Ms. Edelstein completed an internship program with the United States Securities and Exchange Commission. She completed her fi nal semester of law school at Oxford University in Oxford, England, where she studied international and comparative law. After law school, Ms. Edelstein worked as an attorney for the United States Court of Appeals for the Eleventh Circuit. Ms. Edelstein s practice is devoted to corporate securities and other complex class litigation. Chitwood s Unique Characteristics Record of Achievement We have earned our reputation as one of the nation s top securities class action firms. Our reputation rests upon the outstanding results we have achieved in high-profile cases and the billions of dollars we have recovered for investors. Personalized Service Our clients are our top priority, and we work diligently to accommodate the specific needs of each client. Use of Technology to Advance Client Interests We use state-of-the-art litigation support systems to promote efficiency and cost savings in portfolio monitoring, legal research, communications, and document management. Team Approach We have a committed team of lawyers and paralegals with years of securities class action litigation and accounting experience. The firm s ability to pursue securities fraud is augmented by its team of forensic accountants and investigators. CHITWOOD S LITIGATION TEAM Chitwood has a highly trained staff of associate attorneys who specialize in securities law, class actions and complex civil litigation. Each case is managed by a team of partners, associates and paralegals who provide our clients with comprehensive representation. The quality of what has been submitted to the Court in this case has been excellent, and I appreciate the quality of the work and your hard work in resolving [the case]. United States District Judge Richard W. Story Northern District of Georgia In re JDN Realty Corp. Securities Litigation case study Hillary Butler, et al. v. Provident Mutual Life Insurance Company of Philadelphia, et al. (Pennsylvania Court of Common Pleas, ) The Client: Several holders of whole life policies issued by Provident Mutual Insurance Company ( Provident Mutual ) The Claims: The complaint alleged a breach of fiduciary duty arising out of the plan of Provident Mutual and its directors to convert from a mutual insurance company, owned by its policyholders, to a mutual holding company structure. The action challenged the plan on the ground that the policyholders would receive no benefit in exchange for surrendering their ownership interests in the mutual insurance company. The Process: On plaintiffs motion for preliminary injunction to enjoin the policyholder vote on the plan in February 1999, the Pennsylvania Court of Common Pleas temporarily enjoined the defendants planned conversion until a full injunction hearing could be held. After the final injunction trial concluded in June 1999, the Court issued written findings and an order enjoining the defendants from proceeding with the conversion, and as a result, the defendants withdrew the proposed plan of conversion. The plaintiffs then amended the complaint to compel Provident Mutual to convert to a stock company in a manner that would distribute the value of the company to its policyholders. The Result: After two years of negotiation, Chitwood attorneys achieved the complete relief sought by plaintiffs a sponsored demutualization through a merger with Nationwide Financial Services, in which the policyholders received, in either cash or stock, all of the $1.2 billion value of Provident Mutual.