I, ALAN SCHULMAN, declare as follows:
1. I am a member of the firm of Milberg Weiss Bershad Hynes & Lerach LLP. I am submitting this Declaration in support of my firm's application for an award of attorneys' fees in connection with services rendered in the above-entitled action and the reimbursement of expenses incurred by my firm in the course of this litigation.
2. This firm is co-lead counsel for the class.
3. The identification and background of my firm and its partners is attached hereto as Exhibit 1.
4. I have supervised the prosecution of this litigation and am familiar with the proceedings herein. I have reviewed the accompanying memoranda in support of final approval of the settlement and in support of plaintiffs' application for attorneys' fees and reimbursement of expenses. The factual matter set forth and the assertions made therein are true and correct to the best of my knowledge, information and belief.
5. As lead counsel for the class, my firm expended a total of $372,477.08 in unreimbursed expenses in connection with the prosecution of this litigation. These expenses are broken down as follows:
Meals, Hotel and Transportation $ 18,634.44
Telephone, Facsimile 5,923.93
Messenger, Courier, Federal Express 11,336.94
Filing and Legal Fees (including attorney
services and witness fees) 1,449.06
Dow Jones, Lexis, Westlaw,
Online Factual Research 15,493.13
Mediation Fees (Hon. J. Lawrence Irving) 5,603.25
6. As lead counsel, this firm had primary responsibility for the retention of and work with experts and consultants engaged on behalf of the class. The following describes the nature of the services provided by experts and consultants.
(a) Princeton Venture Research, Inc.
Amount Billed: $125,077.18
Description of Work: Princeton Venture Research, Inc. ("PVR") is a firm comprised of professional securities and financial analysts who provide financial analysis, investment banking and venture capital consulting services. PVR has extensive experience in providing expert opinions and analyses on issues relating to violations of securities regulations and the damages resulting from such violations. The work performed by PVR is described in the Declaration of John P. Torkelsen submitted herewith.
(b) Rossi, O'Brien & Company
Amount Billed: $9,852.37
Description of Work: Rossi, O'Brien & Company ("Rossi") is a certified public accounting firm which provides audit, accounting, tax and forensic accounting services. Rossi has extensive experience in providing expert testimony and/or consultation regarding accounting and financial reporting issues. Rossi was engaged to review and analyze the Company's financial statements and textual material issued during the class period. The work performed by Rossi is described in the Declaration of Albert Rossi submitted herewith.
(c) Forensic Accountants
Amount Billed: $22,350.00
Description of Work: Our law firm employs four certified public accountants to provide forensic accounting consulting services. Our senior forensic accountant has over 10 years auditing and fraud investigation experience and was formerly employed by a Big Six accounting firm. Our three other forensic accountants each have more than five years auditing, tax, accounting and litigation support experience. The forensic accountants are billed at $200 per hour. In this case the forensic accountants reviewed and analyzed the Company's financial statements and supporting accounting documents and assisted in the drafting of the complaint.
7. Another significant component of Milberg Weiss's expenses were paralegals. The use of paralegals encourages efficient, effective case prosecution and the maximum recovery in the minimum of time. Paralegals perform a myriad of tasks which increase the efficiency and effectiveness of the lawyers who prosecute the case; tasks which, if no paralegal was available to perform, would fall to the lawyers. Compensating firms for paralegals as recoverable expenses promotes their use. In this case paralegal expenses are $139,170.00. This represents 75% of the billing rate as shown on Milberg Weiss's books and records. We estimate this to be the approximate cost of these services.
8. The expenses incurred pertaining to this case are reflected in the books and records of this firm. These books and records are prepared from expense vouchers and check records and are an accurate record of the expenses incurred.
9. Attached hereto are true and correct copies of the following:
Exhibit 2: In re AT&E Corporate Sec. Litig., Master File No. C-90-3265-CAL (N.D. Cal. July 13, 1992);
Exhibit 3: Slomovics v. Gallogly, No. C-94-2262-CAL (N.D. Cal. June 13, 1996);
Exhibit 4: Shields v. Smith, No. C-90-0349-FMS (N.D. Cal. Dec. 21, 1993);
Exhibit 5: In re Genentech, Inc. Sec. Litig., Master File No. C-88-4038 DLJ (N.D. Cal. Feb. 21, 1991);
Exhibit 6: In re Ross Systems Sec. Litig., Master File No. C-94-0017-DLJ(WDB) (N.D. Cal. Dec. 13, 1995);
Exhibit 7: Leonard v. NetFrame Systems, Inc., C-95-0238-DLJ (N.D. Cal. Mar. 20, 1996);
Exhibit 8: Roe v. Hospital Staffing Services, Inc., No. C-92-4101-CW (N.D. Cal. June 30, 1995);
Exhibit 9: In re Sam & Libby, Inc. Sec. Litig., Master File No. 92-1564-WHO (N.D. Cal. August 1, 1994);
Exhibit 10: In re Hexcel Corp. Sec. Litig., Master File No. C-92-4811-SBA (N.D. Cal. Jan. 22, 1996);
Exhibit 11: In re Advanced Micro Devices Sec. Litig., Master File No. C-93-20662-EAI (N.D. Cal. Dec. 12, 1994);
Exhibit 12: Fisher v. Acuson Corp., Master File No. C-93-20477-EAI (N.D. Cal. Oct. 7, 1996);
Exhibit 13: In re Altera Corp. Sec. Litig., Master File No. C-92-20399-JW(EAI) (N.D. Cal. July 29, 1994);
Exhibit 14: Perkins v. Preletz, No. 90-20026-WAI (N.D. Cal. Oct. 1, 1991);
Exhibit 15: In re C.R. Bard, Inc. Sec. Litig., Master File No. 90-948 (AMW) (D.N.J. Oct. 17, 1991); and
Exhibit 16: In re Trilogy Sec. Litig., Master File No. C-84-20617 (A) RPA (N.D. Cal. Mar. 14, 1986).
I declare under penalty of perjury under the laws of the State
of California that the foregoing is true and correct. If called as
a witness, I could and would competently testify thereto. Executed
this 24th day of April, 1997, at San Diego, California.
I, the undersigned, declare:
1. That declarant is and was, at all times herein mentioned, a citizen of the United States and a resident of the County of San Diego, over the age of 18 years, and not a party to or interested in the within action; that declarant's business address is 600 West Broadway, Suite 1800, San Diego, California 92101.
2. That on April 24, 1997, declarant caused true copies of DECLARATION OF ALAN SCHULMAN IN SUPPORT OF APPLICATION FOR AWARD OF ATTORNEYS' FEES AND REIMBURSEMENT OF EXPENSES to be delivered to Federal Express for service on each of the parties listed on the attached Service List on April 25, 1997.
I declare under penalty of perjury that the foregoing is true
and correct. Executed this 24th day of April, 1997, at San Diego,
DANELLE L. McNERTNEY