John (Jay) McCauley McCauley & Associates ALC Telephone: (800) Website:

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Jayson Allison
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John (Jay) McCauley McCauley & Associates ALC Telephone: (800) 848-5591 e-mail: info@mccauleylaw.com Website: www.mediate.com/mccauley 19900 MacArthur Blvd., Suite 960 Irvine, California 92612 8365 N.

1 John (Jay) McCauley McCauley & Associates ALC Telephone: (800) Website: MacArthur Blvd., Suite 960 Irvine, California N. Fresno, Suite 110 Fresno, California ADR PRACTICE Arbitrator and Hearing Officer Arbitrator, Large Complex Case Panel, American Arbitration Association AAA Sponsored Arbitration Trainer Adjunct Professor, Arbitration Course, Loyola Law School, Judge pro tem, Orange County Superior Court (beginning 1989) and Fresno County Superior Court (beginning 2001) Hearing Officer, Medical Center Judicial Review Committees Mediator Mediator, American Arbitration Association Mediator, Judicate West, Orange County and Los Angeles, California Mediator, ADR Services, Inc., Century City, California Mediator, ARC, Los Angeles, California Fellow, International Academy of Mediators More than 200 hours of basic and advanced mediation training, primarily at the Straus Institute for Dispute Resolution, Pepperdine Law School, since 1997 More than 400 mediations More than twenty presentations, to law firms and bar association sections, on the topic of mediation Listed Distinguished Neutral, California Distinguished Neutrals Website Senior mediator ranking by the Mediation Information and Resource Center (MIRC) Author, several articles on the topic of mediation, including, Overcoming Common Barriers to Settling Cases, Orange County Lawyer Magazine, Sept. 2000) ( and What Is Special about Class Action Mediation? Beverly Hills Bar Association ADR Section Program Materials, November, 2001 ( mediate.com/articles/mccauley1.cfm).

2 EDUCATION Harvard Law School (JD, cum laude, 1980) University of Pennsylvania (MA 1973) University of California at Irvine (BA 1971) LEGAL BACKGROUND AV rated attorney listed in The Martindale-Hubbell Bar Register of Preeminent Lawyers Former Partner: Paul, Hastings, Janofsky & Walker, Los Angeles, California BAR ADMISSIONS Supreme Court of The United States 1987 U.S. Court of Appeals for the Ninth Circuit 1986 U.S. District Court (Central, Southern and Northern) State Bar of California 1980 SPECIALTY EXPERIENCE More than twenty years experience in complex business, employment and real estate litigation, for plaintiffs as well as defendants, at the trial and appellate levels. Business litigation has included securities fraud class actions, intellectual property, corporate and partnership dissolutions, business valuations,, unfair competition, covenants not to compete, theft of trade secret, environmental, insurance coverage, healthcare, breach of contract and business tort actions. Employment litigation has included wrongful termination, sex, race and age discrimination, wage & hour and sexual harassment actions. Real estate litigation has included deed of trust, judicial foreclosure, commercial unlawful detainer, prescriptive easements, entitlement, breaches of real property sales agreement, brokerage commission and real property valuation actions. FEES Mediation: $4000 per day, typically divided between or among the parties, charged against an advance deposit for estimated time needed. Fee covers mediation and preparation time devoted to the matter. Arbitration: $375 per hour for all hearing and

3 time. No additional charge for travel time or costs, for matters anywhere within the state of California. REFERENCES MEDIATION MATTERS Joe Graham -- Kirkland & Ellis (Los Angeles Office) Bob Naeve -- Morrison Foerster (Orange County Office) Donald Drummond -- Drummond & Associates (San Francisco) Michael Bierman -- Luce Forward (Los Angeles Office) Mike Hood -- Paul, Hastings Janofsky & Walker (Orange County Office) Tim Jones -- Sagaser and Jones (Fresno) Mike Seng, Beth Stratton -- Seng & Stratton (Fresno) David Emerich -- Emerich & Fike (Fresno) Andy Jones -- Wagner & Jones (Fresno) Ernie Klatte -- Rutan & Tucker (Orange County) Jim Clapp -- Dostardt, Klapp & Coveny (San Diego) Jim Damon -- Voss Cook & Thel (Orange County) Ron Novotny -- Hill Farrer & Burrill (Los Angeles) Dan Gardenswartz -- Solomon Ward (San Diego) REPRESENTATIVE MATTERS Intellectual Property/Unfair Competition Litigation Aribtrator, several multimillion dollar matters involving interpretation of exclusive use provisions of contracts for distribution of patented products Lead appellate counsel representing International Aluminum, Inc. in malicious prosecution action arising out of wrongful patent infringement claim brought by Alumax, Inc. Lead counsel defending Power Plus! (a major supplier of generated electrical power) in breach of covenant not to compete action brought by a competitor, Showpower, Inc. Lead counsel defending Prefree Development Company (a developer of preservative free ophthalmic dispenser inventions) in breach of development and license agreement action brought by Allergan, Inc. Breach of Contract/ Business Torts Litigation

4 Lead Counsel representing Medstone International, Inc., dba Cytocare (the American manufacturer of lithotripters) in a multimillion dollar breach of distributor agreement with General Electric Company (Medstone s exclusive distributor in Europe and the Middle East). Co-counsel (with Max Blecher of Los Angeles, California) representing an Orange County medical industry entrepreneur in a breach of oral joint venture agreement case, resulting in an $8.5 million jury verdict. Lead counsel representing Stockmate, Inc. (a software development company servicing the securities industry) in a fraud action against ADP, Inc., arising in connection with the sale of the business to ADP. Lead Counsel defending general partner of real estate investment partnership in a multi-million dollar action for alleged breach of fiduciary duty. Real Property Litigation Member of trial team representing The Irvine Company against Joan Irvine Smith, a $500 million dissenting shareholder action, which is likely the largest real estate appraisal case ever tried in the United States. Lead counsel representing a limited partnership, Tucker Land Company, against Eastport Associates, a $20 million dollar secured real property action arising out of the sale of a 1500 acre parcel of land within the city limits of Los Angeles. Lead counsel representing Laguna Alton Associates (a general partnership affiliated with William Simon Associates) in a multi-million dollar action involving use of letters of credit in secured real property sales transaction. Lead counsel representing minority partners in a general partnership dissolution action under the Revised Uniform Partnership Act, where the underlying assets were 1,000 acres of citrus holdings in the San Joaquin Valley. Employment Law Litigation Mediator, large class actions involving alleged violation of wage and hour laws, specifically, actions against Bridgestone/Firestone Tires, against Michaels Stores, against Guess? Inc., and against Discount Tires, Inc. Mediator, numerous wrongful termination and sex harassment actions. Lead counsel defending The Geneva Companies (a large middle market business broker) in multiple wrongful discharge actions.

5 Lead counsel representing former executive director of the University of California, Irvine, Medical Center as plaintiff in a wrongful discharge action, arising out of the unauthorized egg transfer scandal at the UCI Center for Reproductive Health. Securities Fraud Class Action Litigation Counsel or lead counsel on multiple cases defending officers and directors in securities fraud class actions, including actions against Odetics, Inc. (a high technology product development company), Newport Pharmaceuticals, Inc. (a pharmaceutical development company), and ECCO Incorporated (a navigational systems products developer). Environmental Law Litigation Lead counsel defending a refuge disposal company in a major CERCLA action. (Client s disposal activities accounted for about 50% of the volume of Operating Industries Inc., a superfund site, ranked 7th on the EPA list of priorities, which was the subject of the lawsuit.) Lead counsel representing a major construction company in a significant Water Quality Control Board dispute. Minority Shareholder/ Corporate Dissolution Litigation Lead counsel representing faction owning one third interest in a large citrus packing house in San Joaquin Valley, in a minority squeeze out, breach of fiduciary duty, corporate dissolution matter. Lead counsel representing 50% owner of a Beverly Hills based capital management company, Core Capital Management Group, Inc. Lead counsel representing a 50% partner in dissolution of Newport Beach based plastic surgery practice. Lead counsel representing minority partners in a dissociation action under the Revised Uniform Partnership Act, involving a 1,000 acre citrus farming partnership.

Paul E. Burns, Partner

Paul E. Burns, Partner Practice Areas Corporate and Securities Emerging Growth and Venture Capital Intellectual Property Intellectual Property Litigation Licensing Litigation Medical Technology Patent