KENNETH K. LEE, Partner. KENNETH K. LEE Partner

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1 KENNETH K. LEE, Partner Kenneth K. Lee is a litigator who has extensive experience in both private practice and government service. He has litigated a wide range of business litigation matters with a focus on class action lawsuits. As lead counsel, he has first-chaired and won jury and bench trials as well as arbitrations. He has also briefed or argued appeals before numerous federal and state courts. In 2014, the Daily Journal, the largest legal newspaper in, named Mr. Lee as one of the Top 20 Lawyers under 40 in the state for his class action defense work on behalf of food companies. And in 2015, Super Lawyers magazine had a front-cover profile of him, crediting him for his creative strategies and for making things happen quietly. In private practice, Mr. Lee has defended dozens of consumer class action lawsuits in, Florida, New York and elsewhere on behalf of companies in a wide variety of industries, ranging from food to technology to healthcare. In these cases, he has achieved early dismissals of claims and denials of class certification, including first-of-its-kind victories in the field. He has defended an array of cases involving s Unfair Competition Law, New York s General Business Law Sections 349 and 350, Florida s Deceptive and Unfair Trade Practices Act, and the Telephone Consumer Protection Act (TCPA). He has also written about and participated in panels on class action matters and taught a course on class actions as an adjunct law school faculty member. In addition to his class action defense work, Mr. Lee has litigated breach-ofcontract disputes, insurance coverage cases, breach-of-fiduciary duty claims, and other complex commercial matters. For example, he first-chaired a trial representing minority shareholders in a proceeding in which they successfully ousted the founders and executives of a publicly traded company; that case was featured in a feature article in The Deal. He has also briefed and/or argued appeals before various courts, including the US Court of Appeals for the Second Circuit, the Fifth Circuit and the Ninth Circuit. He has also led internal investigations and has provided advice on regulatory and compliance matters. Mr. Lee also has devoted significant time to pro bono matters and has represented numerous indigent and/or incarcerated individuals who have alleged violations of their constitutional rights. Most recently, he successfully first-chaired a trial on behalf of an inmate who alleged that he had been abused in prison and convinced the jury to award compensatory and punitive damages. He also serves on the firm s Diversity and Inclusion Committee. Before joining Jenner & Block, Mr. Lee served as an Associate Counsel to the President of the United States. He represented the White House in congressional and other governmental investigations and provided advice for the President and senior White House officials on a host of legal and compliance issues. He also coordinated high-profile litigation matters with the US Department of Justice and handled legal issues arising out of the US Department of Health and Human Services, the FDA, and the Office of Science and Technology Policy. His other duties included helping with the selection of appellate and trial judges in the Ninth Circuit. His other government experience KENNETH K. LEE Partner LOS ANGELES Office: Fax: klee@jenner.com PRACTICE GROUPS Class Action Complex Commercial Litigation Consumer Law Food and Beverage Insurance Recovery and Counseling Litigation EDUCATION Harvard Law School, J.D., 2000; magna cum laude Cornell University, A.B., 1997; summa cum laude; Phi Beta Kappa ADMISSIONS New York COURT ADMISSIONS U.S. Supreme Court U.S. Court of Appeals, Ninth Circuit U.S. Court of Appeals, Fifth Circuit U.S. Court of Appeals, Second Circuit U.S. District Court, Northern District of U.S. District Court, Central District of U.S. District Court, Southern District of U.S. District Court, Eastern District of New York U.S. District Court, Southern District of New Copyright 2018 Jenner & Block LLP. Jenner & Block is an Illinois Limited Liability Partnership including professional corporations.

2 includes a stint as special counsel to the staff of the US Senate Judiciary Committee. Representative matters include: Class Actions York U.S. District Court, Eastern District of JUDICIAL CLERKSHIP Hon. Emilio M. Garza, U.S. Court of Appeals, Fifth Circuit (Clerkship) Successfully represented a large public food company in one of the first class certification decisions to address all natural labeling of GMO foods. The court denied class certification. Obtained denial of class certification on behalf of a Fortune 500 consumer products company in a consolidated class action lawsuit alleging that its nationwide television ads and packaging were deceptive. The firm was retained after a court had issued an adverse ruling in a separate Lanham Act involving those ads. Successfully defeated class certification in a Telephone Consumer Protection Act (TCPA) lawsuit involving a national health care company. Achieved dismissal of a class action lawsuit alleging that a consumer product s slack-fill deceived consumers and violated FDA regulations. Achieved dismissal on the pleadings of a class action lawsuit alleging that raw juices were deceptively labeled. Successfully represented a Fortune 50 company in a nationwide class action lawsuit alleging fraudulent and unlawful actions under s Unfair Competition Law, False Advertising Law, and Consumer Legal Remedies Act. After a majority of the claims were dismissed at the pleading stage, the court then denied class certification on the remaining claims. Currently representing various food companies in nearly two dozen class action lawsuits involving all natural labeling, alleged GMO ingredients, and alleged violations of FDA regulations. Obtained dismissal of a putative class action lawsuit challenging a large private real estate company s apartment rental policies. Achieved dismissals of various class action cases on behalf of Fortune 500 technology companies challenging their terms and conditions. Successfully defended a national marketing company in a series of class action lawsuits alleging consumer fraud concerning auto-renewal policies. Represented a global energy company in a class action lawsuit alleging tortious harm. Complex Commercial Litigation Successfully first-chaired a federal trial involving allegations of breaches of fiduciary duty by the directors and officers of a publicly traded company. As a result of the trial victory, the directors and officers of the company were ousted from the management. The trial was discussed in a feature article in The Deal. 2

3 Served as a member of the trial team that represented the leaseholder of the World Trade Center in a multi-billion dollar insurance coverage dispute in the aftermath of September 11th. Litigated numerous matters involving breach-of-fiduciary, breach-of-contract, securities fraud, shareholder derivative claims, insurance coverage disputes, and other complex commercial litigation matters. Internal Investigations and Compliance Handled numerous internal investigations at publicly traded corporations, ranging from investment banks to defense contractors to real estate companies. Provided compliance advice to Fortune 500 companies on a wide range of issues. Pro Bono Practice Successfully represented a client in a Section 1983 lawsuit involving allegations of excessive force. After a week-long trial, the jury ruled for the inmate and awarded compensatory as well as punitive damages. Represented a death row inmate in an appeal before the Ninth Circuit in which there were allegations of planted evidence and racial bias. Successfully represented an Egyptian Coptic Christian facing religious persecution in an asylum proceeding. Represented a Jewish inmate in a First Amendment challenge relating to his exercise of his religious rights. Represented a pro bono client in a First Amendment challenge to a major city s signage law, compelling that city to revise its ordinance. Represented a client in a federal trial alleging violation of his constitutional rights by law enforcement. Won reversal of a drug conviction of an indigent client in a New York appellate court. Drafted a cert petition on behalf of the Association of the City Bar of New York and the National Association of Criminal Defense Lawyers in a death penalty case. Represented a Chinese national seeking asylum due to political persecution. Filed an amicus brief on behalf of Oakland Alliance of Black Educators, Los Angeles Urban League, and other groups in an appellate case involving educational rights of minority schoolchildren. Awards Daily Journal "Top 20 Under 40," 2014 Jenner & Block Mentorship Award, 2014 Southern Super Lawyers "Rising Star," , 2018 "Up-and-Coming 100," 2015 Los Angeles Business Journal "Most Influential Minority Attorneys," 2018 Community 3

4 Center for Asian-Americans United for Self-Empowerment (CAUSE) Board Member Educational Pepperdine Law School Adjunct Faculty Member Industry Organizations Law360 Member, Privacy & Consumer Protection Editorial Advisory Board Los Angeles Lawyer magazine Member, Editorial Board, Service to the Bar Food Law Committee of the Litigation Section of the State Bar Member Publications Consumer Protection, Business and Commercial Litigation in Federal Courts, Fourth Edition; Thomson Reuters & The American Bar Association Section of Litigation., March 27, 2017 Questionable Classes: Recent Decisions in False Advertising Class Actions Have Shown Less Favor to Plaintiffs, Los Angeles Lawyer, November 2013 State Efforts to Impose Amazon Tax on Internet Vendors, Engage, July, 2012 "One Year and Waiting -- The Nomination of Edward M. Chen," The Huffington Post, 12/13/2010 "Preparing for Congressional Investigations," The Recorder, December 13, 2010 One Year and Waiting The Nomination of Edward M. Chen, Huffington Post, September 2, 2010 "Fighting Phishing, Pharming, and Other Cyber-Attacks: Coverage for High Tech Liabilities," University Risk Management Insurance Association Journal, 2010 ", Home of Wage and Hour Lawsuits," Los Angeles Daily Journal, May 10, 2010 "The 'Amazon Tax,' Too Good to Be True," Los Angeles Daily Journal, May 4, 2010 "Insurance Coverage For Cyber Crimes," Los Angeles Daily Journal, April 14, 2010 "Obama Should Exercise the Pardon Power," The National Law Journal, April 12, 2010 "Re-Nominating Rogan Could Help Heal the Partisan Rift," Los Angeles Daily Journal, August 25,

5 Speaking Engagements All Natural Class Certification Mock Argument, ABA Annual Antitrust Meeting, April 06, 2016 Update on GMO/Natural Litigation, State Bar of, July 24, 2015 Food Labeling: Genetically Modified Organisms, The Federalist Society for Law & Public Policy Studies, May 18, 2015 Class Actions and the Food Industry," Federalist Society Litigation Practice Group Teleforum, January 31, 2013 Chair, "Corporations in Crisis: How to Mitigate Risk, Plan for the Problem and Manage the Crisis," 2010 National Asian Pacific American Bar Association Annual Convention, November 19,

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