RECOVERIES

NOTEWORTHY SETTLEMENTS/OPINIONS

The success of Abbey Spanier in prosecuting large, complex litigation in the fields of securities, mergers and acquisitions, corporate governance, consumer protection, unfair employment practices and antitrust is demonstrated by the significant results the Firm has achieved for its clients and others. The following is a representative list of some of the more notable cases and settlements achieved as a result of Abbey Spanier’s efforts:

Securities Fraud Litigation

In re BankAmerica Corp. Securities Litigation,
MDL No. 1264 (E.D. Mo.) ($490 million recovery)

In re Waste Manangement, Inc. Securities Litigation,
Master File No. 97-C-7709 (N.D. Ill.) ($220 million recovery)

In re Petro-Lewis Securities Litigation,
No. 84-C-326, (D. Colo.) ($100 million recovery)

In re Chambers Development Securities Litigation,
92 Civ. 0679 (W.D. Pa.) ($95 million recovery)

In re Wedtech Corp. Securities Litigation,
No. 86 Civ. 8628 (S.D.N.Y.) ($77.5 million recovery)

In re IDB Communications Group, Inc. Securities Litigation,
Master File No. CV 94-3618 (C.D. Cal.) ($75 million recovery)

In re Westinghouse Securities Litigation,
No. 91-354 (W.D. Pa.) ($67.5 million recovery)

In re National Health Labs. Securities Litigation,
CV-92-1949 (S.D. Cal.) ($64 million recovery)

In re National Medical Enterprises, Inc. Securities Litigation,
CV-91-5452-TJH (C.D. Cal.) ($60.7 million recovery)

In re Salomon, Inc. Securities Litigation,
Nos. 91 Civ. 5442, 91 Civ. 5471, (S.D.N.Y.) ($54.5 million recovery)

In re Integrated Research Securities Litigation,
Master File No. 89 Civ. 4255 (S.D.N.Y.) ($54 million recovery)

In re LILCO Securities Litigation,
No. 84 Civ. 0588 (E.D.N.Y.) ($48.5 million recovery)

In re Crazy Eddie Securities Litigation,
No. 87 Civ. 0033 (E.D.N.Y.) ($42 million recovery)

In re Leslie Fay Cos. Securities Litigation,
No. 92 Civ. 8036 (S.D.N.Y.) ($35 million recovery)

In re Datapoint Securities Litigation, C.A.
No. SA 82 C.A. 3348 (S.D.Tex.) ($22 million post-trial verdict)

Individual Action

N.J. v. Gemstar - TV Guide International et al., Case No. GC030987 (Cal. Super. Ct.) (In an individual action on behalf of the State of New Jersey the State recovered approximately 50% of its losses.)

Corporate Governance and Shareholder Rights

In re Cox Communications, Inc. Shareholders Litigation,
Consolidated C.A. No. 613-NC (Del. Ch.) ($700 million increase in purchase price)

In re Seagate Technologies, Inc. Securities Litigation,
C.A. No. 17932-NC (Del. Ch.) ($200 million increase in purchase price)

In re AXA Financial, Inc. Shareholders Litigation,
C.A. No. 18268-NC (Del. Ch.) ($631 million increase in purchase price)

In re Warner-Lambert Co. Shareholders Litigation,
C.A. No. 17519-NC (Del. Ch.) (Warner-Lambert shareholders received approximately $20 billion more than the value of the originally proposed merger with American Home Products.)

In re Cyprus Amax Minerals Co. Shareholders Litigation,
C.A. No. 17383 NC (Del. Ch.) ($900 million benefit to shareholders)

In re Tele-Communication, Inc. Shareholders Litigation,
C.A. No. 16370 (Del. Ch.) ($52 million benefit to shareholders)

Lang v. The Reader’s Digest Association, Inc., et al.,
C.A. 19574-NC (Del. Ch.) (Landmark decision of $21 million increase to shareholders in recapitalization)

In re RJR Nabisco, Inc. Securities Litigation,
C.A. No. 10389 (Del. Ch.) ($55 million increase in purchase price)

In re Liberty Media Corp. Securities Litigation,
C.A. No. 13168 (Del. Ch.) ($44 million increase in purchase price)

In re Morrison Knudson Corp. Derivative Litigation,
C.A. No. 14032 (Del. Ch.) (Corporate governance changes requiring that board be comprised of non-employee directors and new directors; old board required to surrender significant retirement benefits)

Schoenfeld v. XO Communications,
Index No. 01-018358 (N.Y. Sup. Ct.) (Successful attack on restructuring plan resulting in $8.33 million benefit to shareholders and participation in rights offering)

Glancy v. Sternlicht,
Civ. No. 204982 (Md. Cir. Ct.) (Shareholder derivative action asserting claims on behalf of Starwood Hotels & Resorts Worldwide for various directors' alleged usurpation of corporate opportunity resulting in substantial changes to corporate governance)

Joseph v. Shell Oil Co.,
501 A.2d 409 (Del. Sup. 1985) (First successful injunction action challenging disclosure. $200 million shareholder recovery)

Carmody v. Toll Brothers., Inc.,
723 A.2d 1180 (Del. Ch.) (Landmark decision successfully challenging “dead hand” poison pill)

Cede & Co. v. JRC Acquisition Corp.,
C.A. No. 18648-NC (Del. Ch.) (Successfully tried an appraisal action in connection with a “going private” transaction)

Wage and Hour Litigation

Braun & Hummel v. Wal-Mart Stores, Inc., Case Nos. 3127 and 3757 (Pa. Ct. C.P., Philadelphia Co.) ($78 million jury verdict against Wal-Mart and an express finding that Wal-Mart did not act in good faith in failing to pay class members for missed rest breaks and off the clock work)

Iliadis, et al. v. Wal-Mart Stores, Inc., Case No. A-69-06 (N.J. Sup. Ct.) (The Court reversed the trial court and Appellate Division’s refusal to certify a class of 72,000 current and former Wal-Mart employees who were forced to work off the clock and miss meal breaks)

Consumer Litigation
Henry v. Sears, Roebuck & Co., No. 98 C 4110 (N.D. Ill.) ($156 million settlement on behalf of Sears Credit card holders, representing approximately 66% of all class members damages distributed automatically to each class member without filing a proof of claim form)

Kropinski v. Johnson & Johnson, Docket No. L-8886-96 (N.J. Sup. Ct.)

Specht v. Netscape Communications Corp., 150 F. Supp. 2d 585 (S.D.N.Y. 2001), aff’d, 306 F.3d 17 (2d Cir. 2002)
Antitrust Litigation
In re Nine West Shoes Antitrust Litigation, 80 F. Supp. 2d 181 (S.D.N.Y. 2000) (Action brought on behalf of purchasers of shoes sold by Nine West and its affiliates resulting in an agreement between Nine West with the Attorneys General of all 50 States and all United States Territories to settle price-fixing claims for $54 million)