Exhibit Bclassaction.kccllc.net/Documents/NWD0001/S.D.N.Y. 13-cv...vitamin C against two Chinese...
-
Upload
truongduong -
Category
Documents
-
view
213 -
download
0
Transcript of Exhibit Bclassaction.kccllc.net/Documents/NWD0001/S.D.N.Y. 13-cv...vitamin C against two Chinese...
Exhibit B
Case 1:13-cv-06802-WHP Document 569-2 Filed 05/03/16 Page 1 of 14
Trial Lawyers for Class Action & Aggregate Litigation
CLASS ACTION 8 AGGREGATELITIGATIONFor over thirty-five years, Susman Godfrey has been one
of the preeminent firms in the country in class action
cases, We have secured billions of dollars in victories for
our clients across many fields, including antitrust and
price-fixing cases, securities litigation, consumer class
actions, and products liability cases. From the
Corrugated Container antitrust class action, where Steve
Snsman's team recovered $Soo million for the plaintiffs,
to zor5's $37,5 million class action win ($zg million
after fees and expenses) for a class ofmore than Tooolimited partners who invested in rz oil and gas limited
partnerships , the Firm has a tradition of winning
results, against the fiercest adversaries, when the stakes
are highest. Defendants have also recognized the
expertise and prowess ofthe Firm in class action
litigation and the Firm has been retained to represent
Defendants in a number of high stakes class action
cases,
Some of the other recent significant results in class
action cases the Firm has handled include:
. In a seminal insurance class action filed in the
Southern District of New York, resolved inSeptember 20lb, Susman Godfrey served as
lead counsel in a case that challenged Phoenix
Life Insurance Company's and PHLVariable
Insurance Company's decision to raise the cost
of insurance ("COI") nationwide on life
insurance policy owners, After winning class
certification and defeating two motions forclass decertification and a motion for summary
judgment, the case settled the day of the final
Pretrial Conference - less than two months
before trial. Settlement terms included: $+8,S
million cash fund (gg+ million after fees and
expenses), COI freeze through 2020, and a
covenant by Phoenix not to challenge the
policies, worth $9 billion in face value, when
the policies mature on the grounds of lack of
insurable interest or misrepresentations in the
application. At the final approval hearing, the
Page 1 of4
http://www,susmangodfrey,com/Types-of-Cases/Class-Action-Aggregate-Litigation/ sl2l20t6
Case 1:13-cv-06802-WHP Document 569-2 Filed 05/03/16 Page 2 of 14
Trial Lawyers for Class Action & Aggregate Litigation
Court concÌuded: "I want to say publicly that Ithink this is an excellent settlement, I think this
is a superb - this may be the best settlement
pound for pound for the class that I've ever
seen."
. A class of Soo,ooo Comcast cable subscribers
represented in part by Susman Godfrey alleged
that between Jan. r, zoo3 and Dec. 31, 2oo8,
Comcast and other cable companies entered
into subscriber swaps and acquisitions that
deterred over-builder competition and enabled
Comcast to raise prices to supracompetitive
ìevels, in violation of sections r and z oftheSherman Act. The parties settled for $5o
million after remand of the case from the U.S.
Supreme Court. Final settlement (after fees and
expenses) is to be determined later in zor5.
. In May zot4 Susman Godfrey secured a $r9
million cash settlement for customers of two
New York City tour bus companies
(approximately $rz million after fees and
expenses), Coach USAInc. and City Sights LLC,
and their joint venture, TWin America LLC. The
settlement ends an antitrust class action
against the joint venture, which plaintiffs said
elirrinated competition between the two bus
companies and artificialìy raised prices forpassenSers,
. In December 2o1g Susman Godfrey attorneys
secured $86 million in settlements
(approximately $62 million after fees and
expenses) when serving as co-lead counsel in
litigation involving more than 7o class action
cases on behalf of airline passengers who
alleged that between January t, zooo and
August 1,2oo7, Korean Air Lines and Asiana
Airlines conspired to fix the price ofair travel
between the United States and the Republic of
Korea. The lawsuit asserted that the two
airlines, in violation offederal antitrust laws,
participated in meetings, conversations and
communications during which they agreed to
Page2 of 4
http://www.susmangodfrey,com/Types-of-Cases/Class-Action-Aggregate-Litigation/ sl2l20t6
Case 1:13-cv-06802-WHP Document 569-2 Filed 05/03/16 Page 3 of 14
Trial Lawyers for Class Action & Aggregate Litigation Page 3 of4
establish artificially high prices for airpassenger traveÌ,
. In July zor3 Toyota Motor Corporation agreed
to pay benefits worth up to $r.6 billion(approximately $r,+ billion after fees and
expenses) to settle multi-district class action
litigation pending in federal court in Santa Ana,
California. In the litigation, plaintiffs,
represented by Susman Godfrey, asserted
claims for economic losses associated withrecalls for unintended acceleration problems in
Toyota, Lexus and Scion vehicles,
. In March zot3, Susman Godfrey secured a juryverdict in an antitrust price-fixing class action
brought on behalf of direct purchasers ofvitamin C against two Chinese vitamin C
manufacturers. The $54.r million verdict was
tripled as required by law and after adjusting
for $gz,S million in settlements with other
defendants ($r9.5 million net of fees and
expenses), a final judgment of $r47 million was
entered against the defendants, The judgment
is now on appeal to the Second Circuit Court ofAppeals.
. Susman Godfrey represented investors who
were aìlegedly defrauded into purchasing
securities issued by the parent of mortgage
lender IndyMac Bank, The complaint alleged
that IndyMac had misrepresented its financial
health and the quality of its lending practices.
In January zot3, after more than five years of
intense, hard-fought litigation, the courtgranted final approval of a $6,S millionrecovery for the class (approximately $4
million after fees and expenses).
. In White, et ol. u. NCAA, Susman Godfrey
served as colead counsel in an antitrust class
action alleging that the NCAA violated the
federal antitrust laws by restricting amounts of
athletic based financial aid. The NCAA settled
and paid, after fees and expenses, an additional
$zr8 million for use by current student-athletes
to cover the costs of attending college and paid
http://www,susmangodfrey.com/Types-of-Cases/Class-Action-Aggregate-Litigation/ sl2l20r6
Case 1:13-cv-06802-WHP Document 569-2 Filed 05/03/16 Page 4 of 14
Trial Lawyers for Class Action & Aggtegate Litigation
$ro million to cover educational and
professional development expenses for former
student-athletes.
. Susman Godfrey has been appointed to serve as
lead or colead counsel in over a dozen antitrustclass actions since 1996. In appointing Susman
Godfrey colead counsel in one such case, In reCrude OiI, Judge Pauley praised the firm's long
history of serving as "lead counsel in hundreds
of class actions, including complex antitrustactions," See In re Crude OiI Commodity
Futures Lití7., No, rr-CV-3óoo (WHP), zorzwL 569195, at *2 (S.D.N.Y. Feb. 14, zotz).
Page 4 of 4Case 1:13-cv-06802-WHP Document 569-2 Filed 05/03/16 Page 5 of 14
Trial Lawyers Specializing in Antitrust Litigation
ANTITRUSTSusman Godfrey is one of the preeminent firms in the
country in antitrust litigation,
Steve Susman founded the firm in t98o after
specializing in antitrust at a large law firm, teaching
antitrust at the University of Texas School of Law, and
serving as a special assistant on antitrust to the Attorney
General of Texas, Beginning with the landmark
Corrugated Container price-fixing case in r98o, in which
Susman Godfrey recovered $Soo million on behalf ofplaintiffs as a result of settlements and a verdict after a
3-month jury trial, Susman Godfrey has been in the
forefront of antitrust litigation.
Since then, Susman Godfrey has successfully
represented plaintiffs bringing price-fixing, market
allocation, concerted refusal to deal, and
monopolization claims involving computer-operating
systems, airlines, medical devices, telecommunications,
milk, specialty steel, and other products. Susman
Godfrey has experience representing companies such as
Caldera in its case against Microsoft; Masimo in its
action against Tyco; and a class of current and former
footbalì and basketball players suing the NCAA,
Susman Godfrey also has handled significant antitrust
cases on the defense side, representing companies such
as Aetna (conspiracy to restrain trade), Northwest
Airlines (price-fixing), Steve & Sons (price-fixing), Intel(monopolization), Picker International (a defense
verdict in a jury trial charging tying), Littìe Caesars
(tying), Medtronic, Inc. (raiding), and ACE Limited(market allocation).
Page 1 of 1
http : //www, susmangodfrey, com/Types-of-Cases/Antitrust/ 51212016
Case 1:13-cv-06802-WHP Document 569-2 Filed 05/03/16 Page 6 of 14
Trial Lawyer Litigation Involving Price Fixing
PRICË FIXING. Susman Godfrey represents airline passengers
who allege that Korean Airline and Asiana
engaged in a conspiracy to fix the prices of
airfares in flights to and from Korea. The
litigation involves more than 7o class action
cases, with Susman Godfrey serving as one of
plaintiffs'colead counsel, The Court approved
a $zr million settlement with Asiana in cash
and travel vouchers in zorr.
. SG currently represents T-Mobile USA, the
Liquidating Trust of Circuit City Stores, and the
Syntax-Brllian Liquidation Trust in private civil
actions alleging price-fixing of TFI-LCD panels
from r99ó through zoo6. The defendants are
foreign manufacturers ofTFT-LCD panels and
products containing those panels,
. Susman Godfrey and its co-counsel Boies
Schiller & Flexner and Cohen Milstein Hausfeld
& Toll obtained a verdict from a federal jury inWashington D.C. against four defendants,
Mitsui & Co. of Japan, Mitsui USA, DCV, Inc.
and DuCoa L.P., who were found to have
participated in a global conspiracy to allocate
world markets and fix the price of vitamin 84
during the ten year period from 1988 to r998.
The rr-member jury unanimously awarded our
clients, a class of direct purchasers of vitamin
84, $49.S million in damages, for a total award
of over $r5o million after trebling and
attorneys'fees,
Page 1 of 1
http : //www. susmangodfrey. com/Types-of-Cases/AntiÍust/Price-Fixing/ sl2l20t6
Case 1:13-cv-06802-WHP Document 569-2 Filed 05/03/16 Page 7 of 14
Monopolization, Antitrust & Anticompetitive Litigation
MONOPOLIZATION. As a result of Susman Godfrey's efforts, a
federaljury in Los Angeles, California reached a
verdict in favor of our client, Masimo
Corporation, against Tlco Health Care Group,
LP and its affiliate, Mallinckrodt, Inc, Masimo
brought claims under the federal antitrust laws
based on Tyco's anticompetitive practices that
prevented Masimo from selling its competing
pulse oximetry products to hospitals in the
United States. After the trial court vacated the
damages award and certain liability findings in
its ruling on Tyco's post-trial motions, the issue
of damages was re-tried in a bench trial, and
the trial court entered a judgment in Masimo's
favor for $43.5 million, plus attorneys'fees and
costs. The Court's judgment was affirmed on
appeal to the U.S. Court of Appeals for the
Ninth Circuit, and Tyco paid the judgment in
2010,
. Susman Godfrey currently represents Tessera
Technologies, Inc., a developer of
semiconductor packaging technolog,, in an
antitrust case against Hynix Semiconductor,
Inc. and Hynix Semiconductor America, Inc.
Tessera alleges that Hynix violated the
Cartwright Act by conspiring with the other
major DRAM manufacturers to thwart
adoption of Tessera's proprietary packaging
technology as well as the Rambus memory
technology. The case is awaiting trial in
California Superior Court in San Francisco.
. Susman Godfrey has handled a number of
antitrust actions against Microsoft :
. Susman Godfrey represented our client Caldera
Inc, in a case in which it sought to recover
hundreds of millions of dollars from Microsoft
Corporation for alleged monopolization of the
market for PC operating systems software, Our
massive discovery efforts included taking the
depositions of top Microsoft executives Bill
Gates and Steve Ballmer. We defeated
Page 1 of3
http://www.susmangodfrey,com/Types-of-Cases/Antitrust/Monopolizationl s12l20r6
Case 1:13-cv-06802-WHP Document 569-2 Filed 05/03/16 Page 8 of 14
Monopolization, Antitrust & Anticompetitive Litigation
Microsoft 's repeated summary judgment
motions and settled the case two weeks before
trial for a confidential amount.
. Susman Godfrey obtained a settlement from
Microsoft for Novell, Inc., for $536 million
which included $88 million in attorneys'fees.
Susman Godfrey represented Novell in
negotiating the settlement of antitrust claims
related to Novell's NetWare business. As
Novell's general counsel Joseph A, LaSala, Jr.,
stated, "This is a significant settlement,
particularly since we were able to achieve our
obj ectives without filing expensive litigation, "
. Susman Godfrey obtained a mediated
settlement with Microsoft on behalf of former
operating system competitor Be, Incorporated.
Susman Godfrey filed the antitrust suit on
behalf of Be, alleging that Microsoft's predatory
conduct and exclusive dealing destroyed Be's
business. Under the settlement agreement, Be
would receive a payment of $z3,zbo,ooo from
Microsoft after $8,645,ooo in attorneys'fees
and expenses, All other terms of the settlement
remain confidential, and Microsoft did not
admit any wrongdoing.
. Susman Godfrey represented Gateway, Inc. in
negotiation of an agreement pursuant to which
Microsoft agreed to pay Gateway a settlement
over four years; as part of the agreement,
Gateway released antitrust claims against
Microsoft.
Susman Godfrey represented start-up mainframe
computer company Platform Solutions, Inc. ("PSI") in a
major antitrust and intellectual property case against
IBM, the dominant player in the multi-billion dollar
worìdwide mainframe market, PSI alleged that IBM
abused its monopoly power in that market by tying its
mainframe operating systems to its mainframe
computer products, and through discriminatory
licensing of intellectual property relating to its
mainframe products, We helped PSI achieve a favorable
settlement in zoo9.
Page 2 of3
http://www.susmangodfrey.com/Types-of-Cases/Antitrust/Monopolization/ sl2l20r6
Case 1:13-cv-06802-WHP Document 569-2 Filed 05/03/16 Page 9 of 14
Monopolization, Antitrust & Anticompetitive Litigation
Susman Godfrey was one of two colead counsel in an
antitrust class action on behalf of a class of current and
former football and basketball players at Division Ischools. The case challenged an NCAA rule limiting the
amount of athletics-based financial aid member schools
may provide as a violation of Section I of the Sherman
Act. Under the settlement approved in zoo8, the NCAA
will make gzrS million over five years available for
schools to provide additional benefits to student
athletes, create a $ro million fund to provide
educational and professional benefits to former student
athletes, and modify its rules.
Susman Godfrey represented defendant Clear Channel
Communications, Inc, in a suit brought by Spanish
Broadcasting Corporation, Inc. ("SBS") in the Southern
District of Florida. SBS alleged $t,S billion in damages
from supposed anticompetitive conduct by Clear
Channel and another defendant. Susman Godfrey filed a
motion to dismiss the complaint in its entirety, which
the Court granted with prejudice. SBS appealed to the
Eleventh Circuit, which affirmed the dismissal in favor
of Clear Channel.
Page 3 of3
http://www,susmangodfrey.com/Types-of-Cases/Antitrust/MonopolizationJ 51212016
Case 1:13-cv-06802-WHP Document 569-2 Filed 05/03/16 Page 10 of 14
SUSMAN GoDFREY L. L. P
James T, SouthrvickPartner
James T. Southwicklooo Louisiana, Suite SlooHouston, Texas 77ooz-9o96j southwick @ susmango dfrey. com7t3.693.78tr
Overview,Iirn Southu'icl< is a parttrer in Susman Goclfre¡."s Hor,tston officc. Thougìr tlasecl in Texas, .Iitnrc¡rrcsolrts plaintifl.s and dcfonclants in conrrnercial trials thlotrghorrtthc counttl'. IIis cìicntsinclLrcle public and plivate entities from the U¡itccl Sttrtcs, Canad¿r, l\{oxico, ¿rncl SouthÀrnericra. Jimhasr¡rr¡r'ethau2o\rearsclfexperierrcelvinrrirtghighstaltesc<¡ultuercial casesancl trials. Iìolexanrple,inlVIat'crlrzt.lt3.Soulhr,ricku,astrialandco-leirdcotrnsel lolacla.ssoiII.S, plrrintilfi ilt tìrc l'rfcnrir¡ (1,4r¡litru.st Lítíllcrtion ilr feclelal cnult in NclvYor:k, rvhele hen,on a jur)'r,crclict i¡ncì . róz nrilìion judgnrent in a fìrst-of-its-kincl case allcrging price-fìxirtgvioÌations of thc U.S. antitnrst ìan's against n.rainlard Clhincse conrprurics n'ho lnauufacturoancl irnporl r,iranrin C iuto thr: Lluitetl States.
EducationCollege of William and Mary (8.4. tqSz)Syracuse University College of Law (J.D., magna cum laude, 1989)
flonors and DistinctionsEditor-in-Chief, Syracuse Journal of International Law, r988-89
Order of the CoifAndrews Scholar
Justinian Society
Wall Street Journal Award
Houston Bar Foundation Life Fellow'l'exas tsar !oundation Fellow
Professional Memberships and AssociationsNewYork State
State Bar ofTexas
United States Supreme Court
United States District Courts: Southern District of NewYork, Eastern Districtof NewYork, Northern District of NewYork, Southern District of Texas,Eastern District of Texas, Eastern District of Wisconsin
Case 1:13-cv-06802-WHP Document 569-2 Filed 05/03/16 Page 11 of 14
Association of the Bar for the City of NewYorkAmerican Bar Association (Litigation and Antitrust sections)
Houston Bar Association (Antitrust Section vice chairman zooS-o9; FeeDispute Committee)
Houston Trial Lawyers Association
Notable RepresentationsVítornín C Antítrust Lítígo,tíonJim Southwick is co-lead and trial counsel in this groundbreakinginternational price-fixing case against Chinese manufactures of vitamin C. Thecase alleges that the group of mainland Chinese defendants colluded toillegally raise the price and restrict the volume of vitamin c exported to theUnited States. After 8 years of discovery and motions centered around thedefendants'claim that the Chinese government compelled their collusion, andincluding an appearance by the Chinese Government as amicus curiae,thecase went to trial in federal court in Brooklyn in February 2013. After threeweeks of trial, the jury unanimously found in the plaintiffs'favor and awardedtoo%o of the damages sought and a treble damages judgment was entered forSouthwick's clients of $r6z miìlion.
S e curìtíe s A¡neríc a FINRA Arbítr o,tíonSouthwick was the lead lawyer for a group of 8o clients who lost millions ofdollars they invested in privately-placed notes offered by Securities America.Using Securities America's brokers, Medical Capital Holdings created a seriesof special purpose entities that issued more than $z billion of the notes beforeMedical Capital was revealed as a Ponzi scheme, Southwick's FINRAarbitration against SecuritiesAmerica, with 8o plaintiffs in a single action, wasthe largest of the scores of arbitrations brought against Securities America inthe United States. In 2o11, working closely with other lawyers who filedarbitrations, Southwick litigated and negotiated a hard-fought nationwidesettlement of all the arbitrations and class actions in the country againstSecurities America relating to the sale of Medical Capital notes.
Mílwaukee County u. Mercer llutno:n Resouree ConsultíngJim Southwick was lead trial lawyer for Milwaukee County and the MilwaukeeCounty Pension System in a highly publicized actuarial malpractice caseagainst the largest actuarial firm in the country. The case went to trial infederal court in Wisconsin in May 2oog, After several weeks of testimony, thedefendant, a division of Marsh Mclennan, paid $45 million settlement toMilwaukee County - one of the largest actuarial malpractice recoveries onrecord.
State o.,¡fMississíppí, Jí¡n llood. exrel. u, MícrosoftSouthwick represented the Mississippi Attorney General, the Honorable JimHood, in a long-running action against Microsoft in Jackson, Mississippi,alleging the software maker violated Mississippi's Consumer Protection Actand Antitrust laws through its actions in the operating systems and officeapplications markets. The Attorney General announced the $roo million plussettlement of the case on June 11, 2oog.
Case 1:13-cv-06802-WHP Document 569-2 Filed 05/03/16 Page 12 of 14
Floorgrøphícs Inc. u.lVe¿os Atneríca Msrketíng In-store SeruicesSouthwick was lead trial counsel to Floorgraphics, Inc. on claims of unfaircompetition and computer espionage by a division of Rupert Murdoch's NewsCorp. In March 2oog,the case went to trial before a jury in federal court inNew Jersey. Midway through the trial, the case settled favorably forFloorgraphics with a confidential settlement.
At the conclusion of the NewJersey triaì, the judge remarked on the record:"And I think the jurors feel as though, I do, that the lawyers have beenextraordinary. Don't you? I see you shaking your heads because the lawyersare clearly, as we would say, the cream of the crop, extraordinarily wellprepared, articulate, well spoken, in command of the material. I know I havemy law cierks here and I said to them yesterday afternoon, 'Well, these arepros,' referring to the lawyers, and they behaved like pros and . , . I said to mylaw clerks, this is the way I want to see you in 10, 15 years, whatever, howeverlong it takes. But obviously this case has been presented in a most professionalway. And it's a pleasure for the Court to see lawyers conduct themselves theway these lawyers have, and to see how their whole presentation is supportedby professionals who are working with them to make sure everything just goeslike clockwork. I appreciate it as a judge, and I'm sure you could appreciate itas well."
Enron Corp. u. Cítígroup et al,This adversary proceeding on behalf of Enron's bankruptcy estate soughtrecovery from eleven major investment banks for aiding and abetting thebreaches of fìduciary duty and fraud of Enron's top officers. Southwick waspart of a team of Susman Godfrey lawyers prosecuting the estate's claims inthe United States Bankruptcy Court in NewYork CiW, Susman Godfreyreached settlements which netted the estate's creditors hundreds of millions ofdollars.
Allapøttøh Seruíces et s.l. u, Exxo¡tIn zoo6, with Steve Susman, Southwick successfully represented a smallFlorida law firm through a full bench trial in federal court in Miami concerningthe rights of multiple law firms to one of the largest-ever awards of attorneysfees in a class action. Southwick and Susman recovered more than $So million(net of attorneys' fees) for the three-man law firm that originally filed the case.
In re Vítc:¡níns Antütmst Lítígo,tíonJim Southwick was Susman Godfrey's lead trial lawyer representing a class ofvitamin purchasers asserting claims that the world's largest vitaminrnanufacturers colluded and fixed the price of bulkvitamins for more than adecade in the 199os. At the June zoo3 trial in Washington D.C. against Mitsuiand DuCoa, Inc., Southwick won a juryverdict in favor of the class of $+q.Smillion, before trebìing under the antitrust laws. Settlements before and afterthe trial with roughly twenty defendants recovered more than $4oo milìion forclass members, net of fees.
Cannpbell u. Goodtnøn EnterprÍses o;nd. Atnø:na Corp.Southwick was the lead attorney representing a nationally knownmanufacturer of air conditioners and kitchen appliances against class actionclaims of age discrimination brought by former employees, Mr. Southwickdefeated class certification and won summaryjudgment agains all plaintiffs'
Case 1:13-cv-06802-WHP Document 569-2 Filed 05/03/16 Page 13 of 14
claims in federal court in Cedar Rapids,Iowa.
Atneríca;n Go¡rtnent .Findshers u, Leuí- StrcussSteve Susman and Southwick represented AGF in a breach of contract actionagainst Levi's. The case settled for a confidential amount, netting our client amulti-million dollar sum after two-weeks of trial in federal court in El Paso,Texas.
Co.ldero. I¡tc. u. Mícro s oftAs part of a team of Susman Godfrey lawyers representing Caldera, we suedMicrosoft in federal court in Utah for illegally monopolizing the market forpersonal computer operating systems. The case settied on the eve of trial for aconfìdential sum. The Wall Street Journal reported the settlement was worth$z75 miilion.Patír u. MFC Interno'tíonø,l CorporotíonSouthwick was the lead defense trial lawyer representing the owner and sellerof oilfieid interests in far northern Russia. Plaintiff sued to recover a fee forallegedly brokering the sale of the oilfields to Russian buyers. Southwickdefended the owners and sellers at trial in state court in Houston. The Plaintiffrecovered nothing at trial. The decision was affirmed on appeal.
Ilorc:nu. EnsearchJim was lead trial lawyer representing an energy trader suing his formeremployer for stock options he was owed based on performance criteria. Theclient recovered a confidential sum folÌowing a two week arbitration inHouston, Texas.
Case 1:13-cv-06802-WHP Document 569-2 Filed 05/03/16 Page 14 of 14