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1 Case5:11-cv LHK Document719 Filed03/05/14 Page1 of Richard M. Heimann (State Bar No ) Kelly M. Dermody (State Bar No ) Eric B. Fastiff (State Bar No ) Brendan Glackin (State Bar No ) Dean Harvey (State Bar No ) Anne B. Shaver (State Bar No ) Lisa J. Cisneros (State Bar No ) LIEFF CABRASER HEIMANN & BERNSTEIN, LLP 275 Battery Street, 29th Floor San Francisco, California Telephone: Facsimile: Joseph R. Saveri (State Bar No ) James G. Dallal (State Bar No ) JOSEPH SAVERI LAW FIRM, INC. 505 Montgomery, Suite 625 San Francisco, CA Telephone: Facsimile: Co-Lead Class Counsel UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION IN RE: HIGH-TECH EMPLOYEE ANTITRUST LITIGATION THIS DOCUMENT RELATES TO: ALL ACTIONS Master Docket No. 11-CV-2509-LHK CLASS ACTION DECLARATION OF KELLY M. DERMODY IN SUPPORT OF PLAINTIFFS MOTION FOR ATTORNEYS FEES, REIMBURSEMENT OF EXPENSES AND SERVICE AWARDS DECLARATION OF KELLY M. DERMODY ISO CLASS COUNSELS APPLICATION FOR ATTORNEYS FEES CASE NO. 11-CV-2509-LHK

2 Case5:11-cv LHK Document719 Filed03/05/14 Page2 of I, Kelly M. Dermody, declare: 1. I am an attorney licensed to practice in the Northern District of California. I am a partner at the firm of Lieff Cabraser Heimann & Bernstein, LLP ( LCHB ), Co-Lead Counsel for the Class Representatives and the Class. I have personal knowledge of the facts set forth herein and could competently testify to them if called as a witness. 2. I am a member in good standing of the bar of the State of California; the United States District Court for the Northern District of California; the United States District Court for the Central District of California; the United States District Court for the District of Colorado; the United States Courts of Appeals for the First, Second, Third, Fourth, Sixth, Seventh, and Ninth Circuits; and the United States Supreme Court. Out-Of-Pocket Costs Incurred By Class Counsel 3. To advance this litigation, Class Counsel incurred certain unreimbursed costs totaling $3,699,844.31, up through October 30, 2013 (the date of Preliminary Settlement Approval). Those costs consisted of expenses submitted to the joint litigation fund of Class Counsel (the Litigation Fund, which Class Counsel supported through periodic contributions) as well as costs paid separately by LCHB, as set forth below, and by the other Class Counsel firms as set forth in their attached declarations. 4. The Litigation Fund was designed to pay common external costs, such as expert fees, court reporting and videographer expenses for depositions, and vendor fees for our electronic platform for review and storage of documents produced in the course of discovery. LCHB has maintained records and accounting for the Litigation Fund since it was established early in the case. The Litigation Fund was responsible for $3,281, in incurred common expenses as-of October 30, As-of October 30, 2013, LCHB had contributed $985, to the Litigation Fund. In addition, LCHB paid $273, for certain expenses that were not paid for by the Litigation Fund, including certain expert, database, and other common costs incurred prior to the establishment of the Litigation Fund, as well as LCHB-specific costs such as electronic computer research, document printing and copying, faxing and mailing charges, telephone service, case DECLARATION OF KELLY M. DERMODY ISO CLASS COUNSELS APPLICATION FOR ATTORNEYS FEES CASE NO. 11-CV-2509-LHK

3 Case5:11-cv LHK Document719 Filed03/05/14 Page3 of related travel for Plaintiffs, experts, and witnesses, and other necessary expenses. These expenses are summarized in a chart provided in Exhibit 1. The expenses incurred in the Litigation Fund are summarized in Exhibit LCHB incurred the costs described herein on behalf of Plaintiffs on a contingent basis, and has not been reimbursed. These costs are reflected in LCHB s books and records. I have reviewed the expenses reported by LCHB in this case that are included in the Motion for Attorneys' Fees, Reimbursement of Expenses, and Service Awards, and I affirm that they are true and accurate. 7. The other submissions of Class Counsel setting forth these costs are attached as follows: Declaration of Joseph R. Saveri In Support of Plaintiffs Motion for Attorneys Fees, Reimbursement of Expenses, and Incentive Awards (Exhibit 3); Declaration of Eric L. Cramer In Support of Plaintiffs Motion for Attorneys Fees, Reimbursement of Expenses, and Service Awards (Exhibit 4); and Declaration of Linda P. Nussbaum In Support of Plaintiffs Motion for Attorneys Fees, Reimbursement of Expenses, and Service Awards (Exhibit 5). The contribution of each Class Counsel firm (including LCHB) to the Litigation Fund is set forth in the chart attached as Exhibit 6. Background and Experience 8. The qualifications of my firm and the lead lawyers on this case are set forth in our Firm resume, attached hereto as Exhibit 7, as well as in the Declaration of Kelly M. Dermody In Support of Motion for Preliminary Approval, Docket No The following are highlights of the qualifications and accomplishments of my firm and the senior LCHB partners leading this case. Partner Richard M. Heimann is a highly-regarded trial lawyer, with extensive experience litigating plaintiff-side antitrust, securities, consumer, and personal injury cases. He has tried over thirty civil jury trials, including the trial for the Direct-Purchaser Plaintiff Class in In re: TFT-LCD (Flat Panel) Antitrust Litig., No. MDL 3:07-md-1827, before Judge Susan Illston. I am the Managing Partner of LCHB s San Francisco Office and chair the firm s employment practice. I have extensive experience litigating plaintiff-side employment and consumer matters, and am one of four plaintiffs lawyers nationally appointed to the Governing Council of the DECLARATION OF KELLY M. DERMODY ISO CLASS COUNSELS APPLICATION FOR ATTORNEYS FEES CASE NO. 11-CV-2509-LHK

4 Case5:11-cv LHK Document719 Filed03/05/14 Page4 of American Bar Association's Section of Labor and Employment Law. Partner Brendan P. Glackin is a member of LCHB s antitrust practice group, with expertise in the telecommunications, computer, and high-tech industries. Mr. Glackin has tried more than twenty criminal and civil matters. He served as a member of the TFT-LCD trial team, and served as co-trial counsel in the antitrust matter Meijer v. Abbott Laboratories, No , before Judge Claudia Wilken, and In re: Titanium Dioxide Antitrust Litigation, No (RDB), in the District of Maryland. In 2013, the Recorder recognized the firm s antitrust practice group as among the top three in California. Time Invested by Class Counsel 9. The factual investigation and legal analysis required in the three years of this litigation were extensive and sprawling. During the discovery process, Class Counsel served 75 document requests, reviewed over 3.2 million pages of documents, and took or defended nearly 100 depositions, including deposing 85 Defendant fact witnesses, taking or defending numerous expert depositions, and defending the five Class Representative depositions. Defendants also propounded document requests, for which Plaintiffs produced over 31,000 pages. With expert assistance, Class Counsel analyzed vast amounts of computerized employee compensation and recruiting data, including nearly 1,000 files of employment-related data exceeding 15 gigabytes, as well as Defendants compensation systems. The discovery process, which is now complete, has been thorough, and it required the parties to engage in numerous and extensive meetings and conferences concerning the scope of discovery and the analysis regarding the various electronic data, policy documents, and other files produced. 10. This matter has required our firm to expend substantial time that could have been spent on other fee-generating matters. We took this matter on a pure contingency basis, expending this effort without any guarantee of recovery. At various times, the litigation has consumed a significant percentage of my time, along with that of my partners Brendan Glackin, and Dean Harvey, and that of our associates Anne Shaver and Lisa Cisneros, and our support staff. LCHB declines to represent scores of individuals each month due in part to the need to 28 focus on representation of existing clients DECLARATION OF KELLY M. DERMODY ISO CLASS COUNSELS APPLICATION FOR ATTORNEYS FEES CASE NO. 11-CV-2509-LHK

5 Case5:11-cv LHK Document719 Filed03/05/14 Page5 of Prior to receiving Preliminary Settlement Approval on October 30, 2013, my colleagues and I performed the following work in this case: (1) conducted a substantial prelitigation investigation, including consulting with labor economics specialists; (2) drafted and filed a complaint on behalf of each Class Representative, and a Consolidated Amended Complaint in this Court on behalf of the Class; (3) opposed two motions to dismiss the complaint and appeared at two hearings regarding the same; (4) managed massive discovery projects, including the collection of data for expert analysis, taking and defending approximately 100 depositions, reviewing over 3.2 million pages of documents, and preparing multiple expert reports; (5) completed two rounds of class certification briefing, and appeared at two hearings regarding the same; (6) appeared at multiple case management conferences and filed regular (at times weekly) case status statements; (7) prepared mediation briefs, damage calculations, and other supporting documents; (8) mediated the case over multiple days; (9) consulted with multiple proposed settlement administrators; and (10) moved for preliminary approval. 12. Throughout the course of the litigation my colleagues and I have overseen the assignment of work to attorneys, paralegals, and law clerks in my office so that the necessary work would be handled as efficiently as possible by the lowest-billing member of the team who could feasibly, reliably, and efficiently perform each task. 13. I made every effort to litigate this action in an efficient and cost-effective manner by reducing duplication of effort and assigning work to the lowest billing timekeepers available for each task wherever feasible. 14. It is my firm s practice to maintain contemporaneous time records setting forth the amount of time spent (rounded to the nearest one-tenth of an hour) on each task and each case, and with explanatory statements regarding the actual task involved. My usual practice, and the usual practice of the other attorneys in my firm, is to record on daily time logs only those hours that my firm would customarily bill to a commercial client paying on an hourly basis. The time logs for this matter (including all billers) have been carefully reviewed, and any biller s time that may have been duplicative or inefficient is deleted from the billing records. While we also exercised billing judgment after recording my time in this case, and the time of other attorneys in DECLARATION OF KELLY M. DERMODY ISO CLASS COUNSELS APPLICATION FOR ATTORNEYS FEES CASE NO. 11-CV-2509-LHK

6 Case5:11-cv LHK Document719 Filed03/05/14 Page6 of my office (thus eliminating some of the time that had been originally recorded as an exercise of reasonable billing judgment), I also exercised billing judgment before recording my time, because I routinely did not enter time that I thought might be duplicative, and I reduced time for work that I thought may have been inefficient. The Value Of The Time Invested By Class Counsel 15. As of October 30, 2013, my firm had expended 17, hours on this matter, with work still continuing. This time excludes timekeepers who billed less than 10 hours to this case. Attached hereto as Exhibit 8 is a true and correct summary by individual of the hours, billing rate, and lodestar for each biller s work on this matter through October 30, The firm s total lodestar for these hours amounts to $8,413, The rates set forth in Exhibit 8 are my firm s current billing rates and are supported by the extensive and specialized experience in these types of cases and recognized expertise described. Our rate structure has been approved by other courts and has been paid to our firm by hourly-paying clients. 17. I have personal knowledge of the hourly rates charged by other attorneys with comparable experience as well as the attorneys within the firm who worked on this matter. Based on that information, I believe that these rates are fully consistent with the market rate in the San Francisco Bay Area for attorneys with comparable expertise, experience and qualifications, and that they are comparable to rates of attorneys specializing in complex litigation around the country. Based on the information I have, I believe that the rates charged by LCHB are reasonable and appropriate fees for those with comparable expertise, experience, and qualifications. LCHB s Work For The Class Will Continue 18. Since October 30, 2013, LCHB has invested time and incurred costs working on the administration of the proposed Settlements. LCHB will continue to invest time and incur costs over the next several months as our team prepares the motion for final settlement approval, communicates with Class members regarding the settlement, prepares for and attends the hearing DECLARATION OF KELLY M. DERMODY ISO CLASS COUNSELS APPLICATION FOR ATTORNEYS FEES CASE NO. 11-CV-2509-LHK

7 Case5:11-cv LHK Document719 Filed03/05/14 Page7 of on settlement approval, and monitors the implementation of the settlement. Thus, the final lodestar and cost amounts will be higher than reported in this declaration Class Representative and Class Member Response to the Settlement 19. The Claims Administrator, Heffler Claims Group ( Heffler ), has informed me that to date no Class Member has filed an objection to the amount of Class Counsel s fee and cost request, or to the request for service awards for the Class Representatives. The deadline to object to or comment on the Settlement is March 19, The attorney representation agreements for each of the five Class Representatives preserved the right of each person to separately and independently support, object to or comment upon any settlement. At no time was any Class Representative advised by Class Counsel that his entitlement to a service award was conditioned in any way on that Class Representative s support for the Settlement Agreement. The Risk and Complexity Involved in the Litigation 21. Class Counsel prosecuted this action without any assurance of payment for their services, litigating this case on a wholly contingent basis in the face of significant risk. Largescale antitrust and employment cases of this type are, by their very nature, complicated and timeconsuming. Any lawyer representing large numbers of affected employees in such actions inevitably must be prepared to make a tremendous investment of time, energy, and resources. 22. The facts and circumstances of this case presented numerous and substantial hurdles to a successful recovery. All seven Defendants challenged the pleadings with a motion to dismiss, have consistently denied the existence of a conspiracy, and vigorously contested class certification. Obtaining class certification in a case of this nature is extremely difficult and resource-intensive. Additional Documents Cited in Plaintiffs Motion for Attorneys Fees 23. Attached hereto as Exhibit 9 is a true and correct copy of the August 13, 2008 service award approval order in Amochaev v. Citigroup Global Markets, Inc., No PJH (N.D. Cal.) DECLARATION OF KELLY M. DERMODY ISO CLASS COUNSELS APPLICATION FOR ATTORNEYS FEES CASE NO. 11-CV-2509-LHK

8 Case5:11-cv LHK Document719 Filed03/05/14 Page8 of Attached hereto as Exhibit 10 is a true and correct copy of the February 21, 2012 service award approval order in In re Metoprolol Succinate Antitrust Litig., No (D. Del.). 25. Attached hereto as Exhibit 11 is a true and correct copy of the January 14, 2013 fee approval order in In re: TFT-LCD (Flat Panel) Antitrust Litig., No (N.D. Cal.). 26. Attached hereto as Exhibit 12 is a true and correct copy of the December 13, 2013 service award approval order in In re: Titanium Dioxide Antitrust Litig., No (D. Md.). 27. Attached hereto as Exhibit 13 is a true and correct copy of the April 23, 2009 service award approval order in In re Tricor Direct Purchaser Antitrust Litig., (D. Del.). 28. Attached hereto as Exhibit 14 is a true and correct copy of the April 29, 2011 fee and service award approval order in Lewis v. Wells Fargo & Co., No CW (N.D. Cal.). 29. Attached hereto as Exhibit 15 is a true and correct copy of August 11, 2011 fee and service award approval order in Meijer v. Abbott Laboratories, No (N.D. Cal.). 30. Attached hereto as Exhibit 16 is a true and correct copy of the April 20, 2009 service award approval order in Meijer, Inc. v. Barr Pharms., No (D.D.C.); 31. Attached hereto as Exhibit 17 is a true and correct copy of the May 31, 2012 service award approval order in Rochester Drug Co-Operative, Inc. v. Braintree Laboratories, Inc., No (D. Del.) * * * I declare under penalty of perjury under the laws of the United States and the State of California that the foregoing is true and correct to the best of my knowledge and that this declaration was executed in San Francisco, California on March 5, /s/ Kelly M. Dermody Kelly M. Dermody DECLARATION OF KELLY M. DERMODY ISO CLASS COUNSELS APPLICATION FOR ATTORNEYS FEES CASE NO. 11-CV-2509-LHK

9 Case5:11-cv LHK Document719-1 Filed03/05/14 Page1 of 2 EXHIBIT 1

10 Case5:11-cv LHK Document719-1 Filed03/05/14 Page2 of 2 Lieff Cabraser Heimann & Bernstein, LLP Case Cost Recapitulation: LCHB Only Expenses High Tech Cold Calling ( ) Inception Through 30 October 2013 LCHB Only Expenses (Not Paid by Litigation Fund) Computer Research 23, Deposition/Transcripts 5, Electronic Database 13, Experts 38, Fax Fed Ex Messenger 15, Filing Fees 5, Hard Copy Research Mediation Expenses 15, Outside Copying Service 7, Photocopy In-House 7, Postage 1, Printing 97, Process Service 1, Telephone 8, Travel 32, Total 273,726.44

11 Case5:11-cv LHK Document719-2 Filed03/05/14 Page1 of 2 EXHIBIT 2

12 Case5:11-cv LHK Document719-2 Filed03/05/14 Page2 of 2 Lieff Cabraser Heimann & Bernstein, LLP Case Cost Recapitulation: Litigation Fund Expenses High Tech Cold Calling ( ) Inception Through 30 October 2013 Litigation Fund Expenses Settlement Damasco & Associates 9, David A. Rotman 12, Experts Econ One 1,837, Edward E. Leamer 425, Employment Metrics, LLC (Kevin Hallock) 247, Info Tech (Consultants/Analysts) 283, Process Service J& K Investigative Services Deposition/Transcripts Jordan Media, Inc. 94, Kramm Court Reporters 103, Lee-Anne Shortridge CSR Veritext 27, Electronic Database TERIS - Bay Area, LLC 240, Total Expenses Incurred 3,281,691.55

13 Case5:11-cv LHK Document719-3 Filed03/05/14 Page1 of 5 EXHIBIT 3

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18 Case5:11-cv LHK Document719-4 Filed03/05/14 Page1 of 5 EXHIBIT 4

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23 Case5:11-cv LHK Document719-5 Filed03/05/14 Page1 of 5 EXHIBIT 5

24 Case5:11-cv LHK Document719-5 Filed03/05/14 Page2 of Richard M. Heimann (State Bar No ) Kelly M. Dermody (State Bar No ) Eric B. Fastiff (State Bar No ) Brendan Glackin (State Bar No ) Dean Harvey (State Bar No ) Anne B. Shaver (State Bar No ) Lisa J. Cisneros (State Bar No ) LIEFF CABRASER HEIMANN & BERNSTEIN, LLP 275 Battery Street, 29th Floor San Francisco, California Telephone: Facsimile: Joseph R. Saveri (State Bar No ) Lisa J. Leebove (State Bar No ) James G. Dallal (State Bar No ) JOSEPH SAVERI LAW FIRM, INC. 505 Montgomery, Suite 625 San Francisco, CA Telephone: Facsimile: Co-Lead Class Counsel UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION IN RE: HIGH-TECH EMPLOYEE ANTITRUST LITIGATION THIS DOCUMENT RELATES TO: ALL ACTIONS Master Docket No. 11-CV-2509-LHK DECLARATION OF LINDA P. NUSSBAUM IN SUPPORT OF PLAINTIFFS' MOTION FOR ATTORNEYS' FEES, REIMBURSEMENT OF EXPENSES, AND SERVICE AWARDS

25 Case5:11-cv LHK Document719-5 Filed03/05/14 Page3 of 5

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28 Case5:11-cv LHK Document719-6 Filed03/05/14 Page1 of 2 EXHIBIT 6

29 Case5:11-cv LHK Document719-6 Filed03/05/14 Page2 of 2 Lieff Cabraser Heimann & Bernstein, LLP Case Cost Recapitulation: Litigation Fund Contributions High Tech Cold Calling ( ) Inception Through 30 October 2013 Litigation Fund Contributions Berger & Montague 140, Grant & Eisenhofer 140, Joseph Saveri Law Firm 985, Lieff Cabraser Heimann & Bernstein, LLP 985, Total 2,250,756.03

30 Case5:11-cv LHK Document719-7 Filed03/05/14 Page1 of 104 EXHIBIT 7

31 Case5:11-cv LHK Document719-7 Filed03/05/14 Page2 of Battery Street, 29th Floor San Francisco, CA Telephone: Facsimile: Hudson Street, 8th Floor New York, NY Telephone: Facsimile: One Nashville Place 150 Fourth Avenue North, Suite 1650 Nashville, TN Telephone: Facsimile: Website: FIRM PROFILE: Lieff Cabraser Heimann & Bernstein, LLP, is a sixty-plus attorney, AV-rated law firm founded in 1972 with offices in San Francisco, New York and Nashville. We have a diversified practice, successfully representing plaintiffs in the fields of, personal injury and mass torts, securities and financial fraud, employment discrimination and unlawful employment practices, product defect, consumer protection, antitrust and intellectual property, environmental and toxic exposure, False Claims Act, and human rights. Our clients include individuals, classes or groups of persons, businesses, and public and private entities. Lieff Cabraser has served as court-appointed Plaintiffs Lead or Class Counsel in state and federal coordinated, multi-district, and complex litigation throughout the United States. With co-counsel, we have represented clients across the globe in cases filed in American courts. Lieff Cabraser is among the largest firms in the United States that only represent plaintiffs. Described by The American Lawyer as one of the nation s premier plaintiffs firms, Lieff Cabraser enjoys a national reputation for professional integrity and the successful prosecution of our clients claims. We possess sophisticated legal skills and the financial resources necessary for the handling of large, complex cases, and for litigating against some of the nation s largest corporations. We take great pride in the leadership roles our firm plays in many of this country s major cases, including those resulting in landmark decisions and precedent-setting rulings

32 Case5:11-cv LHK Document719-7 Filed03/05/14 Page3 of 104 Lieff Cabraser has litigated and resolved thousands of individual lawsuits and hundreds of class and group actions, including some of the most important civil cases in the United States over the past three decades. We have assisted our clients recover over $91 billion in verdicts and settlements. Twenty-two cases were resolved for over $1 billion; another 37 cases resulted in verdicts or settlements at or in excess of $100 million. In the 2013 edition of its annual list of the top plaintiffs law firms, The National Law Journal again selected Lieff Cabraser. In compiling the list, The National Law Journal examines recent verdicts and settlements and looked for firms representing the best qualities of the plaintiffs bar and that demonstrated unusual dedication and creativity. Lieff Cabraser is one of only two plaintiffs law firms in the United States to receive this honor for the last eleven years. U.S. News and Best Lawyers have selected Lieff Cabraser as a national Law Firm of the Year each year the publications have given this award to law firms. For , we were recognized in the category of Mass Torts Litigation/Class Actions Plaintiffs. For 2013, the publications selected our firm as the nation s premier plaintiffs law firm in the category of Employment Law Individuals. For 2014, we have been again recognized in the category of Mass Torts Litigation/Class Actions Plaintiffs. Only one law firm in each practice area receives the Law Firm of the Year designation. CASE PROFILES: I. Personal Injury and Products Liability Litigation A. Current Cases 1. In re Toyota Motor Corp. Unintended Acceleration Marketing, Sales Practices, and Products Liability Litigation, MDL No (C.D. Cal.). Lieff Cabraser serves as Co-Lead Counsel for the plaintiffs in the Toyota injury cases in federal court and we represent individuals and families of loved ones nationwide who died in Toyota unintended acceleration accidents. Plaintiffs charge that Toyota knew of numerous complaints that its vehicles accelerated suddenly and could not be stopped by proper application of the brake pedal. Plaintiffs further charge that Toyota breached its duty to manufacture and sell safe automobiles by failing to incorporate within its vehicles a brake override system and other readily available safeguards that could have prevented unintended acceleration. In 2010, the District Court denied Toyota s motion to the dismiss the lawsuits. On December 12, 2013, the Federal and California Courts overseeing the majority of personal injury and wrongful death Toyota lawsuits issued orders announcing that Toyota had agreed to begin to settle the cases. Toyota will begin settlement conferences on a case-bycase basis in the Spring

33 Case5:11-cv LHK Document719-7 Filed03/05/14 Page4 of Injury and Death Lawsuits Involving Wrongful Driver Conduct and Defective Tires, Transmissions, Cars and/or Vehicle Parts (Seat Belts, Roof Crush, Defective seats, and Other Defects). Lieff Cabraser has an active practice prosecuting claims for clients injured, or the families of loved ones who have died, by wrongful driver conduct and by unsafe and defective vehicles, tires, restraint systems, seats, and other automotive equipment. We represent clients in actions involving fatalities and serious injuries from tire and transmission failures as well as rollover accidents (and defective roofs, belts, seat back and other parts) as well as defective transmissions and/or shifter gates that cause vehicles to self-shift from park or false park into reverse. Our attorneys have received awards and recognition from California Lawyer magazine (Lawyer of the Year Award), the Consumer Attorneys of California, and the San Francisco Trial Lawyers Association for their dedication to their clients and outstanding success in vehicle injury cases. 3. Actos Litigation. Lieff Cabraser represents patients who have developed bladder or prostate cancer linked to the prescription drug pioglitazone, sold under the brand name Actos by the Japan-based Takeda Pharmaceutical Company, Ltd. Actos is prescribed for patients with Type 2 Diabetes. In April 2012, Canadian health authorities reported that diabetes patients prescribed Actos for over a year had double the risk of bladder cancer compared to diabetes patients not taking Actos. 4. DePuy Artificial Hip Implants Litigation. Lieff Cabraser represents patients nationwide who received the ASR XL Acetabular and ASR Hip Resurfacing systems manufactured by DePuy Orthopedics, a unit of Johnson & Johnson. In 2010, DePuy Orthopedics announced the recall of its all-metal ASR hip implants, which were implanted in 40,000 patients from August 2005 through August The complaints allege that DePuy Orthopedics was aware its ASR hip implants were failing at a high rate, yet continued to manufacture and sell the device. In January 2011, in In re DePuy Orthopaedics, Inc. ASR Hip Implant Products, MDL No. 2197, the Court overseeing all DePuy recall lawsuits in federal court appointed Lieff Cabraser attorney Wendy R. Fleishman to the Plaintiffs Steering Committee for the organization and coordination of the litigation. In July 2011, in the coordinated proceedings in California state court, the Court appointed Lieff Cabraser attorney Robert J. Nelson to serve on the Plaintiffs Steering Committee. We also represent patients whose DePuy Pinnacle artificial hip with the metal insert, called the Ultamet metal liner, has prematurely failed. 5. Fen-Phen ( Diet Drugs ) Litigation. Since the recall was announced in 1997, Lieff Cabraser has represented individuals who suffered injuries from the Fen-Phen diet drugs fenfluramine (sold as

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