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Track Record

Lieff Cabraser's rate of recovery in securities cases is very high compared to peer averages. We have a proven record of recovering a high percentage of our clients' losses, including 100% recoveries in multiple cases where we served as Lead Counsel or Co-Lead Counsel. The following summaries profile several of these cases:

Alaska State Department of Revenue v. Time Warner, No. 1JU-04-503 (Alaska Supr. Ct.).

In December 2006, a $50 million settlement was reached in a securities fraud action brought by the Alaska State Department of Revenue against Time Warner Inc. that alleged that defendants misrepresented the advertising revenues and growth of AOL. When the action was filed, the losses were estimated at $70 million. Lieff Cabraser served as securities counsel for the state. "We appreciate the diligence and expertise of our counsel in achieving an outstanding resolution of the case," stated a spokesperson for the Alaska Attorney General.

Merrill Lynch Fundamental Growth Fund and Merrill Lynch Global Value Fund v. McKesson HBOC, No. 02-405792 (Cal. Superior Ct.).

Lieff Cabraser served as counsel for two Merrill Lynch mutual funds in a private lawsuit filed alleging that a massive accounting fraud occurred at HBOC before and following its 1999 acquisition by McKesson Corporation. In a significant published discovery ruling, the California Court of Appeal held that defendants waived the attorney-client and work product privileges in regard to an audit committee report and interview memoranda prepared in anticipation of shareholder lawsuits by disclosing the information to the U.S. Attorney and SEC. In 2006, the parties entered into a settlement on favorable terms to Merrill Lynch Funds.

Claghorn v. Edsaco, No. 98-3039 (N.D. Cal.).

In 2002, a federal jury returned a $171 million verdict against Edsaco Ltd. The jury found that Edsaco aided Scorpion Technologies, Inc., in setting up phony European companies as part of a scheme in which Scorpion reported fictitious sales of its software to these companies, thereby inflating its earnings. Following the Edsaco trial, the parties reached a settlement of the action on favorable monetary terms to the class.

In re Informix/Illustra Securities Litigation, No. C-97-1289-CRB (N.D. Cal.).

Lieff Cabraser represented Richard H. Williams, the former Chief Executive Officer and President of Illustra Information Technologies, Inc. ("Illustra"), and a class of Illustra shareholders in a class action suit on behalf of all former Illustra securities holders who tendered their Illustra preferred or common stock, stock warrants or stock options in exchange for securities of Informix Corporation ("Informix") in connection with Informix's 1996 purchase of Illustra. Pursuant to that acquisition, Illustra stockholders received Informix securities representing approximately 10% of the value of the combined company. The complaint alleged claims for common law fraud and violations of Federal securities law arising out of the acquisition. The global settlement of the litigation for $136 million constituted one of the largest settlements ever involving a high technology company alleged to have committed securities fraud. Our clients, the Illustra shareholders, received approximately 30% of the net settlement fund.

In re Media Vision Technology Securities Litigation, No. CV-94-1015 (N.D.Cal.).

Lieff Cabraser served as Co-Lead Counsel in a class action lawsuit that alleged Media Vision's officers, outside directors, accountants and underwriters engaged in a fraudulent scheme to inflate the company's earnings. Settlements with Media Vision's officers and directors, accountants and underwriters totaled $31 million. The evidence that Lieff Cabraser developed in the civil case led prosecutors to commence an investigation and ultimately file criminal charges against Media Vision's former Chief Executive Officer and Chief Financial Officer. In the criminal proceedings, the CEO pled guilty on several counts, and the CFO was convicted at trial. Subsequently, the Court granted plaintiffs' motions for summary judgment and entered a judgment in favor of the class against these two defendants in the amount of $188 million.

In re California Micro Devices Securities Litigation, No. C-94 2817.

Lieff Cabraser served as Liaison Counsel for the Colorado Public Employees' Retirement Association and the California State Teachers' Retirement System, and the class they represented. Through a series of settlements, class members received an almost complete return on their losses. The settlement with the company included multi-million dollar contributions by the former Chairman of the Board and Chief Executive Officer.

   
 

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Judicial Praise

Lieff Cabraser is "one of the most foremost law firms in the country in both securities law and class actions."

-- U.S. District Court Judge William Alsup

"Counsel for the plaintiffs did a very good job in a very tough situation of achieving an excellent recovery for the class here. You were opposed by extremely capable lawyers. It was an uphill battle... The recovery that was achieved is remarkable, almost a hundred percent."

-- U.S. District Judge Susan Illston on Lieff Cabraser's work in Claghorn v. Edsaco

"It is highly unusual for a class action in the securities area to recover anywhere close to the percentage of loss that has been recovered here, and counsel and the lead plaintiffs have done an admirable job in bringing about this most sastisfactory conclusion of the litigation."

-- U.S. District Judge Vaughn R. Walker on the nearly 100% recovery for the class in the California Micro Devices Securities Litigation

News

February 11, 2008: "Class Actions Feel Effects of Milberg Case"

   
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