NORTHERN DISTRICT OF CALIFORNIA CLASS ACTION

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1 X MERRICK SCOTT RAYLE LOVELL STEWART I AI.EBIAN, LLP 212 Wood Street Pacific Grove, CA Telephone: (831) Facsimile : (83 1) MRaY1e(a71sh11p.com RICHARD A. SPEIRS PAUL KLEIDMAN ZWERLING, SCHACHTER & ZWERLING, LLP 41 Madison Avenue New York, NY Telephone: (212) Facsimile: (212) TS1] e1tsazsz.coiti pldel dtyia.ti A,Z3Z }. GOlll Propased. Co-Lead Counsel UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA In re SILICON IMAGE, INC. SECURITIES LITIGATION This Document Relates To : All Actions Master File No. C MMC CLASS ACTION DECLARATION OF RICHARD A. SPEIRS IN SUPPORT OF NOTICE OF MOTION AND MQTTON FOR APPOINTMENT OF WILLIAM S. HAYMAN AND JOHN HERLIHY AS CO-LEAD PLAINTIFFS AND TO APPROVE THEIR SELECTION OF LEAD COUNSE L Date : Time: Hon. Maxine M. Chesney 25 DECLARATION OF RICHARD A. SPEIRS IN SUPPORT OF NOTICE OF MOTION AND MOTION FOR APPOINTMENT OF Vti'ILLIAM S. HAYMAN AND JOHN HERLIHY AS CO-LEAD PLAINTIFFS AND Td APPROVE THEIR SELECTION OF LEAD COUNSEL Master File No. 3 :05-ev MMC

2 ... ~ Il , Richard A. Speirs, hereby declare as follows : 1. I am a member of the firm of Zwerling, Schachter & Zwerling, I.LP ("ZS&Z"), one of the attorneys for movants William S. Hayman ("Hayman"} and John Herlihy ( `Herlilry") (collectively, the "Silicon Image Lead Plaintiff Group" or the "Group>). I am fully familiar with all the facts and circumstances herein submit this declaration in support of the Notice of Motion and Motion for Appointment of William S. Hayman and Job Herlihy as Co-Lead Plaintiffs and to Approve Their Selection of Lead Counsel. 3. Attached hereto as Exhibit A is the notice of a class action relating to Silicon Image, Inc.'s securities, issued by Lovell Stewart Halebian LLP ("LSH"), dated February 1, At tached as Exhib it B is a chart indicating Haym.an's losses during the Clas s Period of October 19, 2004 to January 24, 2005 (the "lass Period"), based on his certification. 5. Attached as Exhibit C is a chart indicating Herlihy's losses during the Class Period of October 19, 2004 to January 24, 2005 (the "Class Period"), based on his certificati on. 6. Attached hereto as Exhibit D is the firm resume of ZS&Z, the Group's choice for I colead counsel. 7. Attached hereto as Exhibit E is the fun resume of LSH, the Group's choice for co-lead counsel. April 2005 Richard A. S. eirs DECLARATION OF RICHARD A. SPEIRS IN SUPPORT OF NOTICE OF MOTION AND MOTION FOR APPOINTMENT OF WILLIAM S. HAYMAN AND JOHN HERi,IHY AS CO-LEAD PLAINTIFFS AND TO APPROVE THEIR SELECTION OF LEAD COUNSEL Master File No. 3:05-cv MMC 2

3 Exhibit A

4 FOR IMMEDIATE RELEASE LOVELL STEWART HAC.EBIAV LL P ANNOUNCES SECURITIES FRAUD CLASS ACTION AGAINST SILICON IMAGE INC., OFFICERS AND DIRECTORS. NEW YORK - February 1, The law firm of Lovell Stewart Halebian LLP filed a class action lawsuit in the United States District Court for the Northern District of California on January 31, 2{}05 on behalf of all persons who purchased, converted, exchanged, or otherwise acquired the common stock of Silicon Image, Inc. ("Silicon Image" or the "Company") [NASDAQ : SIMG] between October 19, and January 24, 2005, inclusive, (the "Class Period"} against defendants Silicon Image and certain officers and directors of the Company. The action, Curry v. Silicon Image Inc., et. al, is pending in the U.S. District Court for the Northern District of California, Docket No and has been assigned to the Hon. Maxine M. Chesney, U.S. District Judge. The Complaint alleges that defendants violated Sections 10(b) and 20(a) of the Securities Exchange Act of 1934, and Rule IOb-5 promulgated by the Securities and Exchange Commission ("SEC") thereunder, thereby artificially inflating the price of Silicon Image securities. Generally, the Complaint alleges that the Company gave fourth quarter guidance on October 19, 2004 and has since undergone a time of undisclosed executive uncertainty, and distractions which were not disclosed while insiders sold Company stock. Plaintiffs allege that, on November 11, 2004, the Company appointed Steven Laub as Chief Executive Officer and President; that the Company failed to disclose material adverse facts, including fundamental disputes between Steven Laub and others at Silicon Image regarding Mr. Laub's relative role and responsibility which resulted in substantial distractions from achieving guidance; that 281,742 shares were sold by insiders at Silicon linage who were in a position to know of the material adverse information of the fundamental disputes and resulting distractions ; and that the SEC commenced a formal investigation into trading in Silicon Image shares on January 25, The Complaint further alleges as follows. On January 25, 2005, the Company issued two press releases. One release, entitled "Silicon Image Announces Appointment of Steve Tirado as Chief Executive Officer Replacing Steven Laub," announced the resignation of its Chief Executive Officer and President, Steven Laub, and appointment of Christopher Paisley as the Company's new Chairman of the Board of Directors. The second press release, entitled "Silicon Image Reports Fourth Quarter 2004 Financials," stated that the Company's revenue in the fourth quarter decreased by 4% in comparison to the third quarter. The price of the Company stock has declined by 15% since January 24, 2005, If you purchased, converted, exchanged, or otherwise acquired Silicon Image common stock during the Class Period, you may request that the Court appoint you as lead plaintiff by April 1, A lead plaintiff is a representative party that acts on behalf of other class members in directing the litigation. In order to be appointed lead plaintiff, the Court must deter-nine that the class member's claim is typical of other class members, and that the class member will adequately represent the class. Under certain circumstances, one or more class members may together serve as "lead plaintiff." Your ability to share in any recovery is not, however, affected

5 by the deci sion whether or not to serv e as a lead plaintiff. You may retain Lovell Stewart Haleb ian LLP, or other counsel of your choice, to serve as your counsel in this action. Investors, who acquired. Silicon Image, Inc. common stock during the period October 19, 2004 through Janua ry 24, 2005 i nclusive, may contact Lovell Stewart Halebian LLP at the telephone number or address below for more information regardi ng the class action lamrs uit. Investors can also vi sit Lovell Stewart Halebian's website at to vi ew a copy of the complaint. Lovell Stewart Halebian LLP has represented investors in numerous financial class actions and obtai ned the largest class action recoveries under three separate federal statute s _ CONTACT. Lovell Stewart Halebian, LLP Christopher Lovel l 500 Fifth Avenue New York, New York (212) classaction(~,lshllp_corn

6 Exhibit B

7 Willian S. Hayman SILICON IMAGE, INC. HAYMAN GROUP ESTIMATED LQ55 CHART Purchase # Shares Price Per Purchase # Shares Price Per Estimate d Date Purchased Share Price Sale Date Sold Share Sales Price Losses $ 13.'ID $ 1, $ 1, /17/ $ $ 2, $ 2,460, I $ , $ 8, $ 8, /17/04 20 $ $ 327,20 $ /98/ $ X6.50 $ 4,537.5Q $ 4, / $ $ 2, $ 2, $ '~ 6.84 $ $ $ 37, $' 37, 'i/24l $ 96 12/16/ $ $ 4, $ 4, $ $ 1, $ 1,69$ / $ $ 1 0, $ 1, /20/ $ $ 44, $ 44, TOTALS 7000 $ '117, $ 197, Retained Retaine d *Mean Price Shares Share Value $ $ 81, Less retained value $ 8 1, LOSS $ 36, % Shares Held 100 % William S. Hayman IRA ~. ~ Purchase # Shares Price Per Total Price Date Purchased Share Paid Sale Date Shares Price Per Estimate d it Sold Share Sales Price Los ses Page 9 of 4

8 10127/ $ $ 3, $ 3, /27/ $ $ 9, $ 9, /18/ $ 1 6,2 $ 8, $ 8, /18/ $ $ 8, $ -8, l181D4 200 $ $ 3, $ 3, / $ $ 9, $ 9, /18/ $ $ 9, $ 9, /18/ $ $ 3, $ 3, '111$/ $ $ 1, $ 1, /18/ $ $ 3, $ 3, /18/ $ $ 1, $ 1, $ $ $ l18/ $ $ 1, $ 1, TOTALS 4170 $ 65, $ 65, Retained Retained *Mean Price Shares ShareValu e $ 11, $ 48, Less retained value $ 48, LOSS $ 16, % Share s Held 100 % Hi bland Ventures Inc. Purchase # Shares Price Per Total Price # Shares Arne Per Estimated Date Purchased Share Paid Sale Date I Sold Share Sales Price Losse s $ $ 1, $ 1, /11! $ $ 2, $ 2, /71/ $ $ 2, $ 2, /17/ $ $ 2, $ 2,261 L 0 11/17/ $ $ 48, $ 48,87Q.00 'f 1/1$ $ $ 6, L-[Elam Page 2 of 4

9 19/1 8/ $ $ 1, $ 1, $ $ 1, $ 1, / $ $ 1, $ 1,644.D0 1 1/ $ $ 4, $ 4, /19/ $ $ 4, $ 4, /1/ $ $ 3, $ 3, ! $ $ 1, ~ $ 1, $ $ 6, $ 6, $ $ 5, $ 5, / $ $ 1, $ 9, / $ $ 5, $ 5, $ $ 15,'i $ 16, /17/ $ $ 28, $ 2 8, /17/ $ $ 1, $ 1, /17/ $ $ 1, $ 1,670_ 00 92/ $ $ 5, $ ! $ 16.7 $ 3,340.0 $ 3, /04 3DQ $ $ 5,009,40 $ { } 12/20/ $ $ 16, $ 16, f Q $ $ 8, $ 8, nfa 300 $ $ 4, $ 4, n/a 700 $ $ 10, $ 10, $ $ 7, $ 7, TOTALS $ 210, $ 210, Retained Retained *Mean Price Shares Share Value $ $ 1 49, Less retained value $ 149, LOSS $ 60, % Share s Held 100 % Ha man Group Total Shams Purchased 24(}7 3 Page 3 of 4

10 Page 4 of 4

11 Exhibit C

12 Silicon Image Inc. John Herlihy Estimated Loss Char t Date No. of Shares Price Per Share Price 1218/ ,000 $ (17.08) $ (970, ) 12/ ,000 $ (16.20) $ ( 1 62, ) / ,000 $ (16.75) $ (83,750.00) 1/4/2005 3,525 $ (1,50) $ {54,637.50} 1/5/2005 4,55 0 $ $ 70, /2005 5,000 $ $ 55, ,000$ $ 55, /25l , 000 $ $ 58, $ (231,562.50) *Mean Price Retained Shares Retained Share Value $' ,975 $ 103, Less retained value $ 103, LOSS $ 127, % Shares Held 3 1 John HerlihyTotal Shares Purchased John Herfihy Tafal Purchases Price $ 471, John HerlihyTotal Loss $ 127, Calculated using t he FIFO method. *The Mean Price is the weighted average stock price for the period 1 /25105 thru 3/30/05.

13 Exhibit D

14 FIRM RESUME O F ZWERLING, SC HACHTER & ZWERLING, LLP The firm of Zwerling, Schachter & Zwerling, LLP was formed on January 1, 1985 (th e "Zwerling firm"), and is currently involved in numerous class actions in the areas of securities fraud, consumer fraud, and; antitrust litigation. Securities Litigation The Zwerling firm has acted or is presently acting as a lead counsel or as a member of a n executive committee for plaintiffs in many securities related lawsuits, including : In re : Old Banc One Shareholders Securities Litigation, N.D. Ill. Civ. No. 0OC2I00 ; In re Network Associates Derivative Litigation, Superior Ct. Cal., Santa Clara Cty., CV ; In re Telxon Corporation Securities Litigation, N.D. Ohio, 5 :9$-CjI-2876; In re Corrections Corporation Shareholder Litigation, Tennessee Chancery Ct., Master File No. 98-I257-iii; In re Adaptec Inc. Derivative Litigation, Superior Ct. Cal., Santa Clara Cty., CV ; In re Pacific Scientific Securities Litigation, C.D. Cal., No. SACV LHM(EEx) ; Kaplan Y. Prins Recycling Corp., D.N.J., 96 Civ ; In re Health Management Inc_ Securities Litigation, E.D.N.Y., 96 Civ. 889; Weikel v_ Tower Semiconductor, Ltd., D.N.J., 96 CV ; In re Bennett Funding Group Inc. Securities Litigation, S.D_N.Y., 96 Civ. 25$3 ; In re HorizonlCAIS Healthcare Corporation Securities Litigation, D.N.M., Master File Na BB/LCS ; Rosenberg v. Stauth, W.D. Okla., Civil Action No M; In re Soloman, et al. v. Armstrong, Del. Chan. Ct., CA Na (the "GM/EDS Split-off Litigation") ; In re Archer Daniels Midland Company Derivative Litigation, Del. Cla. Ct., Cons. C.A. No ; In re Lady Luck Gaming Corporation Securities Litigation, D. Nev., CV-S LDG (RLH) ; In re Merrill Lynch Derivative Litigation, Sup. Ct., N.Y. Co., Index No ; In Re American Pacific Securities

15 Litigation, D. Nev., CV-S PMP ; McNeil v. Austin, Sup. Ct., N.Y. Co., Index No /91, In Re FoodtnakeY/Jack-in-the-Box Securities Litigation, W.D. Wash., No. C93-517WD ; In re Ames Department Stores, Inc. Stock Litigation, D. Conn., (PCD) ; In Re: General Development Corporation Securities Litigation, S.D. Fla., ; In Re Republic Pictures Corporation Shareholders Litigation, Del. Chan. Ct., C.A. No ; In Re Blockbuster Entertainment Coip. Shareholders Litigation, Del. Clean. Ct., Civil Action No ; In re First Capital Holdings Corporation Financial Products Securities Litigation, C.D. Cal., MDL No. 901 ; In re New World Securities Litigation, C.D. Cal., CV ; In re Anchor Securities Litigation, E.D_N.Y., 88 Civ ; 3Com Corp. Securities Litigation, N.D. Cal_, C ; In re Par Pharmaceutical Derivative Litigation, S.D.N.Y., 89 Civ (RPP); Fishbein v. Resorts International Inc., S.D.N.Y., 89 Civ (MGC) ; In re Bank of Boston Securities Litigation, D. Mass., $ I4 ; In re Howard Savings Bank Securities Litigation, D.N.J., ; Alerrit v. Gulf States Utilities Co., E.I. Tex., B CA. The following is a representative sample of the complex securities claims which the Zwerling firm has litigated : In re Bennett Funding Group Inc. Securities Litigation, S.D.N.Y., 96 CV securities fraud class action involving the single largest alleged Ponzi scheme in the United States. The Zwerling firm has been on the Executive Committee successfully prosecuting the accountants, insurers, and sellers of the alleged fraudulent securities. In re Health Management Inc. Securities Litigation, E.D.N.Y., 96 Civ. 889 securities fraud class action alleging accounting fraud by the company and its auditors. The Zwerling firm was co-lead trial counsel in the first case tried pursuant to the Private Securities Litigation Reform Act of Rosenberg v. Stauth, Civil Action Na $-M - shareholders' derivative action involving alleged improper business practices at Fleming Companies, Inc, in which the demand futility defense was successfully defeated. 2

16 In re 1'CN/viratek Securities Litigation, S.D.N.Y., 87 Civ securities fraud class action involving FDA sought approval of an HIV drug. McNeil v_ Austin, Index No /91 - shareholders' derivative action regarding the sale of defective nuclear containment systems by General Electric. In re Adaptec Inc. Derivative Litigation, Master File No. CV and In rc Network Associates Derivative Litigation, Superior Ct. Cal., Master File No. CV shareholders' derivative lawsuits pursuant to California's insider trading statute to recover profits from the company's officers and directors. In re times Department Stores, Inc. Stock Litigation, D. Conn., (PCD) - securities fraud class action in which the Second Circuit reaffirmed the scope of the "in connection with" requirement of the Securities Exchange Act 10(b). In re Corrections Corporation Shareholder Litigation, Tennessee Chancery Ct., Master File No. No iii - shareholder class action challenging a management-led buyout of public shareholders in exchange for shares in a publicly held REIT. Courts have commented favorably upon the expertise of the Zwerling firm. In appointing it as lead counsel in In re Telxon Corporation Securities Litigation, N.D. Ohio, 5:98-CV-2876, the Court determined that the Zwerling firm has "the requisite ability and expertise to prosecute and manage this litigation effectively." Memorandum and Order entered August 25, 1999, p. 39. As a member of a team of plaintiffs' trial counsel in In re ICNlYiratek Securities Litigation, S_D.N.Y., 87 Civ 4296, the Zwerling firin was complimented by Judge Kimba Wood as having done a "superb job on behalf of the class.... This was a very hard fought case. You had very able, superb opponents, and they put you to your task.... The trial work was beautifully done and I believe very efficiently done...." In In re Par Pharmaceutical, Inc. Derivative Litigation, S.DN.Y., 89 Civ 5742 (RPP), Judge Patterson, in commenting on the Zwerling firm, said "[they] acted skillfully and resourcefully.... [The Zwerling fine] exercised wisdom and judgment and negotiated a skillfu l 3

17 settlement with the defending company and with the officer and director/defendants." (Slip Op. June 12, 1992}. Chief Judge Weinstein, in the Jack Eckerd Corporation litigation (E.D.N.Y. 1986), and fudge Charles P. Sifton in both Golden v. Shulman [1988 Transfer Binder] Fed. Sec. L. Rep. (CCH) ~94,060 (E.DN.Y. 1988) and Cagan v. Anchor Savings Bank, FSB, [1990] Fed. Sec. L. Rep. (CCH) 94,060 (E.D.N.Y. 1990) also commented favorably upon the Zwerling firm. One of the partners of the Zwerling firm was appointed by Judge Browning as Proof-of- Claim Counsel in connection with the loss analysis in In re Washington Publ ic Power Supply System Securities Litigation, MDT., 551, in the United States District Court for the District of Arizona. In that matter, former United States District Judge Nicholas J. Bua, as Special Master appointed by the Court, i n commenting on one of the partners in the firm, said : "I find that the services of Mr_ Schachter were efficiently and reasonab ly performed by him personally.... Mr. Schachter specifically was appointed by the District Court to serve as Claims Counsel... It was not unreasonable for a senior partner like Mr. Schachter, with his vast knowledge of the case, to d irectly oversee the claims administration process rather than relying upon less knowledgeable j unior atto rneys. The class received i ts money's worth for Mr. Schach#er' s services..." A ntitrust / Con sume r Litigation The Zwerling firm also is, or has acted as, a lead counsel or member of an executive committee in numerous class actions involving consumer antitrust c laims and deceptive trade practices, including : Karofsky v. Abbott Laboratories, et al., Case No. CV-95- I 009 (as well as in 10 related cases in other state courts) ; In Re Lorazepam and Clorazepate Antitrust Litigation, 4

18 D.D.C., MDL-1290 (TFH) (as well as in 11 related cases in state courts) ; Newman v. DuPont Merck Pharmaceutical Company, Superior Ct. Cal., Case Na ; In Re Ciproflaxacin Hydrochloride Antitrust Litigation, E.D.N.Y., Master File No. CV , MDL Na ; Pickett v. Holland America Line, 2000 WL (Wash. App. Div. 1); Latman v. Costa Cruise Lines, N.V., 758 So.2d 699 (2000) ; Renaissance Cruises, Inc. v. Glassman, 738 Sold 436 (1999) (as well as in 7 related cases in other state courts) ; Garcia v. General Motors Corporation, N.J. Superior Ct., Docket No. L ; In re Playmobil Antitrust Litigation, E.D.N.Y., 95 Civ_ 2896 ; and Boni v. America Online Inc., Del. Chancery, New Castle County, 95-C-07 and Feige v. America Online.Inc., Sup. Ct., N.Y. County, and Index No /95) (as well as other related cases in state courts). In the antitrust area, the Zwerling firm was co-lead counsel and a member of th e Executive Committee in eleven actions filed against the major pharmaceutical manufacturers alleging violations of state antitrust laws for charging higher prices to consumers who purchased brand name prescription drugs from retail pharmacies. Those cases resulted in a $65 million settlement. The courts presiding over those cases have commented on the Zwerling firm's expertise : I think the lawyering in this case is most commendable. I think that both sides have accorded themselves in a manner that allows us to be proud of the profession... Kerr v. Abbott Laboratories, et at., Case No , Transcript of Hearing at (Dist. Ct. Hennepin County, Minn., Nov. 24, 1998). This Court, in particular, has been helped along every step of the way by some outstanding lawyering,..you can hardly say that there's been anything but five star attorneys involved in this case. 5

19 5cholfield v. Abbott Laboratories, et al., Case No. 96 CV 460, Transcript of Hearing at 31 & 33. (Cir. Ct. Dane County, Wisc., Oct. 5, 1998). I think the quality of counsel is excellent. McLaughlin v. Abbott Laboratories, et al., Case No. CV , Transcript of Hearing at 28. (Super. Ct. Yavapai County, Ariz., Oct. 28, 1998). I'll join my learned colleagues from this and other jurisdiction[s] in commending counsel in arriving at something that represents a great deal of hard work and a great deal of ingenuity in putting together a settlement of this magnitude and complexity, and especially the cost effective way in which this settlement is proposed to be distributed. Karofsky v. Abbott Laboratories, et al., Case No. CV , Transcript of Hearing at 17. (Super. Ct. Cumberland County, Maine, Dec. 2, 1998). The Zwerling firm was appointed co-lead counsel for plaintiffs in numerous relate d indirect purchase actions brought against Mylan Laboratories, Inc, regarding injury to competition and monopolization, as well as price fixing. Those actions include an action in federal court, In Re Lorazepam & Clorazepate Antitrust Litigation, D.D.C., 1VIDL-1290 (TFH), in which discovery for all related actions was consolidated and coordinated. The plaintiffs represented by the Zwerling firm include several institutions, such as union health funds and Blue Cross/Blue Shield. The Zwerling firm has also represented union health and welfare funds in litigation against the tobacco industry. Those claims are for the excess costs incurred by the funds in providing health care to the members of their unions as a result of the fraudulent and deceptive practices of the tobacco companies (Eastern States Health & Welfare Fund, et al. v. Philip Morris, inc., et at., Sup. Ct. N.Y. Co., Index No b9). 6

20 The firm has also acted as counsel to a travel agency in. litigation regarding the commission structure imposed by the airlines (NGL Travel Associates v. American Airlines Inc., E.D.N_Y., 95 Civ. 0755, n/k/ain Re Airline Ticket Commission Antitrust Litigation, MDL #1058, D. Minn.). In addition, the firm represents consumers who have been the victims of overcharging in the sale of toys in In re Playmobil Antitrust Litigation, E.D.N.Y., 95 Civ Judge Seybert complimented the work of Class Counsel, including the Zwerling Firm, stating in her opinion certifying the Class : As set forth in greater detail in the firm resumes.,. ; (1) Zwerling, Schachter & Zwerling, LLP [and three other firms... all have extensive familiarity with the prosecution of complex litigations, class actions and specifically, antitrust litigations.... This is further borne out by counsels' submissions and conduct to date before this Court. In re Playmabil Antitrust Litigation, 1998 WL at *13 (E.D.N.Y_ Dec. 30,1998)- In the area of deceptive trade practices, the Zwerling firm has been lead counsel in coordinated nationwide actions against the world's leading passenger cruise lines regarding their advertising practices concerning "port charges." (Cfcogna v. Royal Caribbean Cruises, Ltd., Cir. Lt. Dade Co ; 'spinet v, Kloster Cruise Ltd., Cir. Ct. Dade Co ; Bellikoff v. Celebrity Cruises Inc., Cir. Ct. Dade Co ; Hackbarth v. Carnival Cruise Lines Inc., Cir. Ct. Dade Co ; Glassman v. Renaissance Cruises, Inc., Cir. Ct. Broward Co ; Pickett v. Holland America Line, Sup. Ct., King Co. (Wash.) , Barton v, Princess Cruises Inc., Sup. fit., L.A. Co. BC ) ; Millheiser v. Dolphin Cruise Line, Cir. Ct. Dade Co ; Latman v. Costa Cruise Lines N. U, Cir Ct. Dade Co ; and Cronin v. Cunard Cruise Line, Sup. Ct., N.Y. Co., ). In Pickett v. Holland America dine, the 7

21 Court complimented the firm by declaring that "[t]his has been litigated very professionally from the beginning to the end." Transcript of Hearing at p. 116, September 28, The Zwerling firm has also acted as one of the lead counsel in coordinated nationwide actions against America Online Inc. regarding its deceptive billing practices (Boni v. America Online Inc., Del_ Chancery, New Castle County, 95-C-07 and Feige v. America Online Inc., Sup. Ct., N.Y. County, Index No /95); the firm serves as lead attorney in two cases challenging deceptive practices by New York Telephone (Blair v. NYNEX Corp., Sup. Ct., Bronx Co., Index No , involving failure to refund over-deposits on pay phone calls, and Forrest v. New York Telephone, Sup. Ct., Albany Co., Index Na , involving failure to properly implement line blocking against the Caller ID system). The Zwerling firm has brought several actions against the computer industry involving deceptive practices in the sale of co-called new computers with used part s (Zieniewicz v. Packard Bell Electronics, Sup. Cf., Nassau Co., Index No b -95 and In re Packard Bell Consumer Class Actions L itigation, Sup_ Ct., L.A. County, Index No ) ; the sale of computer monitors representing a larger screen size than actually had (1'n Re Computer Mon itor Cases, Sup. Ct., S.F. County, Judicial Council Coord ination Proceeding No. 3158) ; and in providing worthless warranties with the sale of computers (Brummel v. Leading Edge Products Inc., Sup. Ct., N.Y. Co., Index No /96). The firm is also actively involved in litigation over the deceptive sales practices in the insurance i ndustry (In Re The Prudential Insurance Company ofa m erica Sales Practices Litigation, MDL 1061, D.N.J., (AMW)). In addition, the firm is involved in cases regarding defective automobile brakes (McGill v. General Motors Corp., Sup. Ct., Bronx Co., Index No ) (related to Garcia v. 8

22 General Motors Corp-, N.J. Superior Ct., Docket No. L ) and defective pacemakers (Gould v. Telectronics Pacing Systems, S.D. Ohio, ). The firm was appointed Administrator for the General Motors Diesel Litigation Fund under the direction of Judge Hcmy Bramwell, District Judge, United States District Court, Eastern District of New York. Con stitutional and Civil Rights Litigation The Zwerling firm has been counsel in high profile constitutional and civil rights actions. In Haley v. Pataki, N.D.N.Y., 95-CIV 550, the firm obtained an order forcing the Governor of the State of New York to stop withholding salaries from legislative employees in an attempt to coerce members of the State Legislature to vote on his State budget. In a related case, Dugan v. Pataki, Sup. Ct., Kings Co., Index No , the firm obtained the same relief for the elected members of the State Legislature. The Zwerling firm has represented the New York City Council in Mayor of the City of New York v. Council of the City ofnew York, Sup. Ct., N.Y. Co., Index Na_ 4Q2354/45, an action in which the Mayor challenged the legislative powers of the City Council in connection with the establishment of a board to review allegations of police corruption. The Zwerling firm also represented the Straphangers Campaign, a mass transit advocacy group, in New York Urban League v. Metropolitan Transportation Authority, 95-CIV-90 0 I (RPP), an action to compel the State of New York and the MTA to allocate transit subsidies in a manner which does not have a discriminatory impact on minority ridership in New York City. 9

23 Members of the Fir m Jeffrey C. Zwerling Jeffrey C. Zwerling was admitted to the bar of the State of New York in 1972 and to the bar of the State of Arizona in 1981 ; he is admitted to the following federal courts : the United States District Court for the Southern and Eastern Districts of New York and to the United State s Court of Appeals for the Second Circuit. He received a Bachelor of Science degree with Honor s from Lehigh University in and a Juris Doctor degree from Columbia University School of Law in He was Articles Editor of the Columbia Journal of Transnational Law. His professional affiliations include: New York State Bar Association, Association of the Bar of th e City of New York, Nassau County Bar Association, and State Bar of Arizona. Mr. Zwerling practiced law at the Law Offices of Jeffrey C. Zwerling for the period July 1, 1977 to December 31, 1984; on January 1, 1985 that firm became the Zwerling firm. Prior to 1977, Mr. Zwerling practiced law as an associate of the firms of Gasperini, Koch & Savage, Koch & Gluck, and Murray A_ Gordon, P.C., with emphasis on civil litigation, real estate, general corporate and commercial matters. Mr. Zwerling has represented and advised the Uniformed Fire Officers Association in regard to its pension funds and annuity plans. Robert S. Schachter Robert S. Schachter was admitted to the bar of the State of New York in 1972 ; he is admitted to the following federal courts : the United States District Court for the Southern and Eastern Districts of New York, to the United States Court of Appeals for the Second, Fifth and Ninth Circuits, and to the Supreme Court of the United States. He received a Bachelor of Arts degree from Syracuse University in 1968 and a Juris Doctor degree from Brooklyn Law Schoo l 10

24 in Hi s profess i onal affil i ations include `fie American Bar Assoc i ati on (Lecturer, Panels in Class Actions, 1980 and 1998) and the Second C ircuit Federal Bar Council. Prior to Mr. Schachter joining the firm, he was associated with the firm now known as Goodkind Labaton Rudoff & Sucharow LLP since Mr. Schachter became a partner of that firm on January 1, 1978, concentrating in complex multi-distri ct litigation. Robin F. Zwerling Robin F. Zwerling was adreiitted to the bar of the State of New York in 1976 ; she is admitted to the following federal courts : the United States District Court for the Southern and Eastern Districts of New York, the United States Court of Appeals for the Second, Fourth and Seventh Circuits, and the Supreme Court of the United States. She received a Bachelor of Arts degree cum laude from Jackson College of Tufts University in 1972, and a Juris Doctor degree from Georgetown University Law Center in Her memberships include the American Bar Association, the National Institute of Trial Advocacy, the National Association of Securities and Commercial Law Attorneys, and the Second Circuit Federal Bar Council. Ms. Zwerling has concentrated in litigation since her graduation from law school. At that time, she became associated with Martin, Clearwater & Bell and remained there, becoming a partner in 1982, until the formation of the Zwerling firm in Ms. Zwerling has extensive experience in all phases of litigation, including state and federal trials. 11

25 Susan Salvetti Susan Salvetti was admitted to the bar of the State of New York in 1980 ; she is admitted to the following federal courts : the United States District Court for the Southern and Eastern Districts of New York. She received a Bachelor of Arts degree summa cum laude from Thomas More College of Fordham University in 1976 and a Juris Doctor degree from Fardbam University School of Law in Her memberships include : the American Bar Association, the New York State Bar Association - Committee Member of the Commercial and Federal Litigation Section on Class Actions, Who's Who in American Women, and Phi Beta Kappa. Ms. Salvetti has concentrated in litigation throughout her career, becoming a partner in the Zwerling firm on January 1, Prior to her association with the Zwerling firm in 1985, she was an associate with Martin, Clearwater & Bell. Prior to that time, Ms. Salvetti was associated with Newman, Tannenbaum, HeIpern & Hirschtritt, a general practice firm. Richard A. Speirs Richard A. Speirs was admitted to the bar of the State of New York in 1986 ; he is admitted to the following federal courts: the United States District Court for the Southern and Eastern Districts of New York in 1987, and the United States Court of Appeals for the Tenth Circuit in He received a Bachelor of Arts degree cum laude from Brooklyn College of the City University of New York in Mr. Speirs received his Juris Doctor degree from Brooklyn Law School in 1985, where he was awarded the Order of the Coif and was the recipient of American Jurisprudence Awards in Conflicts of Law and Labor Law. He is also a member of the New York State Bar Association. 12

26 Mx. Speirs became a partner of the firm on January 1, Prior to his association with the firm in 1997, Mr. Speirs was an associate of Bernstein Litowitz Berger & Grossmann LLP, New York, where he concentrated primarily in securities and class action litigation. Associates of t he Fir m Hillary Sobel Hillary Sobel was admitted to the bar of the State of New York in 1989; she is also admitted to the following federal courts: the United States District Court for the Southern and Eastern Districts of New York and the United States Court of Appeals for the fourth and Ninth Circuits. She received a Bachelor of Arts Degree from Barnard College of Columbia University in 1985, and a Juris Doctor degree from the Benjamin N. Cardozo School of Law of Yeshiva University in 1988, where she was Editor of the ILSA International Law Journal. Her memberships include: The American Bar Association. Sona R. Shah Song R. Shah was admitted to the bar of the State of New Jersey in 1997, and to the bar of the State of New York in 1998 ; she is also admitted to the following federal courts : the United States District Court for the Southern and Eastern Districts of New.York. She received a Bachelor of Arts degree from New York University in 1994, and a Juris Doctor degree from. Fordham University School of Law in Her professional affiliations include the New York State Bar Association. 13

27 Prior to her association with the Zwerling Firm, Ms. Shah was associated with the Center for Constitutional Rights. Share I Fuchs Share J. Fuchs was admitted to the bar of the State of New Jersey in 1999 and to the ba r of the State of New York in 2000; he is also admitted to the following federal courts : the United States District Court for the Southern and Eastern Districts of New York. He received a Bachelor of Arts degree magna cum laude from Queens College of the City University of Ne w York in 1995, and a Juris Doctor degree from Brooklyn Law School in His memberships include the American Bar Association, the New York County Lawyers Association, and Phi Beta Kappa. Prior to his association with the Zwerling firm, Mr. Fuchs interned in the New York Stock Exchange Enforcement Division and has been of counsel in securities class actio n lawsuits. Anthony F. Prisco Anthony F. Crisco was admitted to the bar of the State of New York in 1999 ; he is also admitted to the following federal courts : the United States District Court for the Southern and Eastern Districts of New York_ He received a Bache lor of Science degree from Cornell University in 1995, and a Juris Doctor degree from Duke University School of Law in 1998, where he was a Contributions Editor for the Duke Environmental Law & Policy Forum. After graduating from law school, Mr. Frisco served as a judicial law clerk to the Honorable Thomas C. Kleinschmidt of the Arizona Court of Appeals. Prior to joining the 14

28 Zwerling firm, he served as court attorney for the New York State Supreme Court, Appellate Division, Second Department. Justin M. Tarshis Justin M. Tarshis was admitted to the bar of the State of New York in 2003 ; he is also admitted to the United States District Court for the Southern and Eastern Districts of New York. He received a Bachelor of Science degree from the University of Wisconsin in 1999, and a Jugs Doctor degree cum laude from Brooklyn Law School in While in law school, Mr. Tarshis was the recipient of the Samuel L. Sporn Academic Achievement Scholarship and the C.A.L.I. Excellence for the Future Award in Civil Practice. In addition, Mr. Tarshis served as an intern to the Honorable Shira A. Scheindlin of the Southern District of New York, as well as an intern in the New York State Attorney General's Office. Kevin M. McGee Kevin M. McGee was admitted to the bar of the State of New York in 1996 and to the bar of the State of Florida in He received a Bachelor of Arts degree cum laude from the State University of New York at Stonybrook in 1 940, and a Juris Doctor degree from Fordham University School of Law in At Fordham, Mr. McGee was a member of the Moot Court Board. Prior to joining the Zwerling firm, Mr_ McGee was a Senior Counsel in the Enforcement Division of the United States Securities and Exchange Commission. 15

29 Stephen L. Brodsky Stephen L. Brodsky was admitted to the bar of the State of New York in 1994; he is also admitted to the United States District Court for the Southern and Eastern Districts of New Yor k and the United States Court of Appeals for the Third and Eighth Circuits. He received a Bachelor of Arts degree summa cum laude and Phi Beta Kappa from the University of Pennsylvania in 1989, and a Juris Doctor degree from Columbia Law School in 1993, where he was a Harlan Fiske Stone Scholar and member of the Columbia Journal of Law and Social Problems. Mr. Brodsky has published "Federal Courts in New York Provide Framework For Enforcing Preliminary Agreements," in the New York State Bar Association Journal (March/April 2001) and "Defending an Agent Against A Claim For Breach of Warranty of Authority," NY Litigator (Spring 2001). Prior to joining the Zwerling firm, Mr. Brodsky was associated with Sonnenschein Nath & Rosenthal, LLP, where he practiced commercial and civil litigation. Paul Kleidman Paul Kleidman was admitted to the bar of the State of New York in 2002 ; he is also admitted to the United States District Court for the Southern and Eastern Districts of New York. He received a Bachelor of Science degree from Boston University in 1998, and a Juris Doctor degree from the State University of New York at Buffalo School of Law in While in law school, Mr. Kicidman was the recipient of the Martin Feinrider Merit Scholarship, He served as Business Editor of the Buffalo Human Rights Law Review and was a Senior Member of the Jessup International Moot Court Board. 16

30 Prior to joining the Zwerling firm, Mr. Kleidman was an Assistant Corporation Counsel in the General Litigation Division of the New York City Law Department. Of Counsel Dan Drachler Dan Drachler was admitted to the bar of the State of New York in 1988 ; he is also admitted to the bar of the States of Washington, New Jersey and Minnesota, he is admitted to the following federal courts : the United States District Court for the Southern and Eastern Districts of New York, the United States District Court for the Western and Eastern Districts of Washington, and the United States Court of Claims. Mr. Drachler received a Bachelor of Arts degree cum laude from the University of South Carolina in 1980, and his Juris Doctor degree cum laude from. New York Law School in At New York Law School, Mr. Drachler was a member of the law review and was a John Ben Snow Merit Scholar. His professional affiliations include the American Bar Association, the Washington State Bar Association, the King County Bar Association and the National Association of Consumer Advocates. Prior to joining the Zwerling firm, Mr. Drachler served as Chief Deputy Attorne y General for the State of New York. In that position, Mr. Dracliler regularly counseled State agencies and the Governor's office in a variety of legal and non-legal matters. From 1987 to 1993, Mr. Drachler was an associate and then partner of the firm of Koppel], Drachler & Lipofsky. At that firm, he concentrated in general civil litigation, real estate, and trusts and estates. 1 7

31 Mr. Drachler was an Adjunct Professor at New York Law School from He taught Negotiation, Counseling and Interviewing, a course designed to develop skills in counseling clients and conducting negotiations in simple and complex matters. Mr. Drachler is resident in the Seattle office of the firm. Joseph Liptrfsky Joseph Lipofsky was admitted to the bar of the State of New Jersey in 1972, and is also admitted to the bar of the States of New York, Missouri and Michigan ; he is admitted to the United States District Court for the Southern and Eastern Districts of New York, the District o f New Jersey, the Eastern District of Missouri, the Eastern District of Michigan, and to the Supreme Court of the United States. He received a Bachelor of Science degree from Rider College in 1969, and a Jun's Doctor degree cum laude from Seton Hall University School of Law in His professional affiliations include : the American Bar Association ; the New York State Bar Association, where he serves on the Executive Committee of the Antitrust Section ; the National Lawyers Guild ; and the National Association of Consumer Advocates. He also serves on a Board of Members for Brooklyn Legal Services Corporation A ; and the Sugar Law Center for Economic and Social Justice. Prior to joining the Zwerling firm, Mr. Lipofsky served as Deputy Counsel to the Attorney General of New York, and from 1991 to 1993, was counsel to the firm of Koppel] & Drachler and then partner of Koppell, Drachler & Lipofsky. Prior to 1991, he served as an attorney and Executive Director with legal service programs in New Jersey, Missouri and Michigan, as well as with various labor unions including their ERISA funds. PZSZNY411AY DOC510G1RESUMES' 4fAST R_llDC 18

32 Exhibit E

33 BIOGRAPHY OF LOVELL STEWART HALEBIAN LLP Lovell Stewart Halebian LLP and its senior attorney, Christopher Lovell, have been appointed as sole lead counsel or co-lead counsel in numerous significant class actions, includin g actions in which they obtained reportedly the largest class action recovery under three separat e federal statutes.t' Mr. Lovell has tried more than fifty cases, including some highly-publicized cases or case s that resulted in significant precedents in the United States Supreme Court or Second Circuit Court of Appeals. For example, after the government went to trial and lost, Mr. Lovell successfully obtained a jury verdict providing all damages requested on price fixing claims under Section 1 of the Sherman Antitrust Act. Compare, Wall Street Journal, November 21, 1983 ; Strobl v. New York Mercantile Exchange, 582 F. Supp. 770 (S.D.N.Y. 1984), affd, 768 F.2d 22 (2d Cir. 1985), cert. denied sub nom., Simplot v. Strobl, 474 U.S (1985) with In the Matter of Peter J. Taggares, 1/ The three recoveries are : a $1.027 billion recovery in 1998 on price-fixing claim under the Sherman Antitrust Act, 15 U.S.C. Section 1, et seq. In re NASDA Q Market-Makers Antitrust Litigation, 187 F.R.D. 465, 471 (S.D.N.Y. 1998) ("this all-cash settlement, achieved through 'four years of hard-fought litigation,' apparently is the largest recovery (class action or otherwise) in the hundred year history of the state and federal antitrust laws.") ; a $ million recovery in 1999 on price manipulation claims under the Commodity Exchange Act, 7 U.S.C. Section 1 et sue. In re Sumitomo Copper Litigation, 74 F. Supp. 2d 393, 395 (S.D.N.Y. 1999) ("The recovery is the largest class action recovery in the 75 plus year history of the Commodity Exchange Act") ; and a $76.5 million recovery in 1997 on impermissible investment and fraud claims under the Investment Company Act, 15 U.S.C. Section 80a-1 et sec.blatt v. Merrill Lynch Fenner & Smith Incorporated, et al., 94 Civ (JAG) (D.N.J.).

34 et al., 1993 WL (CFTC Jan. ll, 1983) (government failed to prove same claims of pric e manipulation). Partners Christopher Lovell A. has an "AV" rating from Martindale-Hubbell ; B. was first appointed by a Court as class action or derivative action counsel in 1981, and has since then been appointed as class or derivative action counsel in more than forty cases, including Co-Lead Counsel in In re NASDAQ Market-Makers Antitrust Litigation M.D.L. No. 123 (RWS S.D.N.Y.) ($1,027,000,000 settlement, see fn. 1) ; Coordinating Chairman, Plaintiffs' Executive Committee in In re Initial Public Offering Antitrust Liti a~ tion, Ol Civ (WHP)(S.DN.Y.)(antitrust class action alleging underwriters' conspiracy to restrain trade in allocation of shares in initial public offerings). Lead Counsel and Chairman of Executive Committee in several different class actions making commodity futures and antitrust claims, and consolidated as In re Sumitomo Copper Litigation, 96 Civ (MP) (S.D.N.Y.)($145,900,000 settlement, see fn. 1) ;~' Co-Lead Counsel in Blatt v. Merrill Lynch Fenner & Smith Incornorated, et al., 94 Civ (JAG) ($76.5 million settlement providing claiming clas s ' / Senior Judge Milton Pollack of the United States District Court for the Southern District of New York praised this firm's effo rts in obtaining the settlements. In re Sumitomo Copper Liti ag tion, 74 F. Supp. 2d supra at 396 : The unprecedented effort of Counsel exhibited in this case led to their successful settlement efforts and its vast results. Settlement posed a saga in and of itself and required enormous time, skill and persistence. Much of that phase of the case came within the direct knowledge and appreciation of the Court itself. Suffice it to say, the Plaintiffs' counsel did not have an easy path and their services in this regard are best measured in the enormous recoveries that were achieved under trying circumstances in the face of virtually overwhelming resistance. 2

35 members, after all attorneys fees and costs had been paid, with a positive return on their investment (exclusive of prejudgment interest)) ; Co-Lead Counsel in In re Microsoft Liti a~tion, M.D.L. No (D. Md.) ; (nationally consolidated antitrust class actions alleging long term unlawful maintenance of a monopoly and other violation of the antitrust laws by Microsoft) ; Chairman of Co-Lead Counsel in Eugenia J. Fiala et al. v. Metropolitan Life Insurance Company, et al., Index No. 00/ (N.Y.S. Sup. Ct.) (claims challenging the largest insurance company demutualization and the then largest initial public offering ever) ; Chairman of Co-Lead Counsel in In re Soybean Futures Litigation, 89 Civ (N.D. I11.) (CRN) ($21,500,000 class settlement providing claiming class members/ soybean futures traders, after all attorneys fees and costs had been paid, with all of each class members' damages due under plaintiffs' expert's formula (exclusive of prejudgment interest)) ; Lead Counsel in Kaplan v. E.F. Hutton Group, Inc., et al., Civ. Action No (N.Y. Sup. Ct.) ($8,180,000 settlement providing class of terminated executives, after all attorneys fees had been paid, with substantially all damages due on their equity share employee benefit interest s and substantial damages on their "underwater" options (exclusive o f prejudgment interest)) ; sole Class Counsel in Moelis v. Hyperion Capital Management, Inc., et al., 94 Civ (MBM)(S.D.N.Y.) (after the securities claims made in two separate suits had been dismissed totally3~, this firm then pursued those claims but based them on somewhat different factual allegations and theo ries of recovery. Defendants paid $5,000,000 to settle such different claims, resulting in praise from Judge Michael B. Mukasey of the United State s 3 / In re Hyperion Securities Litigation, 1995 WL U.S. Dist. LEXIS 10020, Fed. Sec. L. Rep. 98,096 (S.D.N.Y. July 14, 1995); reargument denied, In re Hyperion Securities Litigation, 1995 WL (S.D.N.Y. Sept. 11, 1995) ; (No. 93 Civ (MBM), affirmed, Olkey v. Hyperion 1999 Term Trust, Inc., 98 Fad 2, 65 USLW 2320, Fed. Sec. L. Rep. 99,335 (2d Cir. (N.Y.) Oct. 15, 1996) (No , 1023) ; cert. denied, Olkey v. Hyperion 1999 Term Trust, Inc., 520 U.S. 1264, 117 S.Ct. 2433, 138 L.Ed.2d 194, 65 USLW 3813, 65 USLW 3814 (U.S. June 9, 1997) (No ); see also, Kamus v. Hyperion Capital Management Inc. [ Transfer Binder] Fed. Sec. L. Rep. (CCH) 99,366 at (S.D.N.Y. Nov. 18, 1996). 3

36 District Court for the Southern District of New York for this firm's resourceful work) ; member of the Executive Committee in numerous other cases, including In re TCW/DW North American Government Income Trust Securities Litigation, 95 Civ (PKL) (S.D.N.Y.) ($30,000,000 settlement); Krome, et al. v. Merrill Lynch, Pierce Fenner & Smith, et al., Consolidated 85 Civ (DNE) (S.D.N.Y.) (all claiming class members who sold at a loss, recovered their losses (exclusive of prejudgment interest)) ; graduated from New York University School of Law in 1976, receiving th e Vanderbilt Award, and was associated with Beekman & Bogue from until 1980; and has maintained a private law practice since June 1980 including while being employed as Vice-President and General Counsel of a Fortune 500 company, American Bakeries Company, from 1981 until Victor E. Stewart A. was named Valedictorian of St. Marks School Class of 1968 ; B. is a 1972 graduate of Yale, B.A., a 1975 graduate of Harvard Business School, M.B.A., and a 1979 graduate of the University of Virginia Law School, J.D. ; and C. has extensive experience with securities litigation and securities offerings. John Halebian A. graduated from Georgetown University (A.B., 1974) and Villanova Law Schoo l (J.D., 1977) where he served on the Law Review ( ) as a Case and Comment s Editor and as Editor-in-Chief of The Docket, the law school newspaper. B. since graduating from law school in 1977, has specialized in federal and state corporate and commercial litigation with an emphasis on class actions and securities litigation. Has represented officers and directors, lawyers and accountants in defending securities class actions and has prosecuted numerous securities class actions against major public companies. C. was formerly a founding member of Wechsler Harwood Halebian & Feffer LLP (now Wechsler Harwood LLP) where he specialized in securities class action and derivative litigation (1989 to 2002) and had primary responsibility for numerous large complex corporate and commercial litigations. 4