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`EFiled: Jun 20 2024 03:45PMERT YO
`Case No.Multi-Case
`ioLy
`Transaction ID 73445620
`(Afee =}
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`OrAS
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`EXHIBIT B
`EXHIBIT B
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`EFiled: Jun 20 2024 03:45PM EDT
`Transaction ID 73445620
`Case No. Multi-Case
`
`
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`SCHUBERT JONCKHEER & KOLBE LLP
`
`Together with its predecessor firms, Schubert Jonckheer & Kolbe LLP has been in operation for
`over forty years. In addition to prosecuting cases in California federal and state courts, the firm
`has been actively involved in securities, antitrust, unfair competition, and employment class
`actions throughout the United States. Schubert Jonckheer & Kolbe has served as Lead Counsel
`or Co-Lead Counsel in class actions and shareholder derivative actions that have produced
`recoveries valued at over $850 million.
`
`! Tucker v. Scrushy, No. CV-02-5212 (AEH) (Ala. Cir., Jefferson Cty.). Co-Lead Counsel
`in shareholder derivative action on behalf of HealthSouth Corporation alleging breaches
`of fiduciary duty and insider trading arising from a restatement of financial results.
`Plaintiffs won partial summary judgment against former Chief Executive Officer Richard
`Scrushy for restitution of $47.8 million. Plaintiffs also settled HealthSouth’s claims
`against additional directors and officers for $100 million and against its investment
`banker for an additional $133 million. At trial against Mr. Scrushy on additional claims,
`Plaintiffs obtained a $2.9 billion judgment, which was later upheld by the Alabama
`Supreme Court.
`
`!
`
`In re Google AdWords Litigation, No. 5:08-CV-03369-EJD (N.D. Cal.). Lead Counsel
`for nationwide class of advertisers alleging Google placed their ads on low-quality parked
`domains and error pages in violation of California’s false advertising laws. We obtained a
`$22.5 million settlement on behalf of over one million class members, which was finally
`approved in the Northern District of California.
`
`! Ciapessoni et al. v. United States, No. 1:15-cv-00938-LAS (Fed. Cl.). Co-Counsel for
`nationwide class of raisin growers alleging that the federal government’s practice of
`setting aside a portion of their raisin crop constituted an unconstitutional taking of private
`property for public use in violation of the Fifth Amendment of the U.S. Constitution. We
`obtained an $85.8 million settlement on behalf of over 6,000 raisin growers who opted-in
`to the class, which was finally approved by the U.S. Court of Federal Claims.
`
`! Poertner v. The Gillette Company, No. 12-CV-803 (M.D. Fla.). Co-Lead Counsel in
`nationwide consumer class action alleging false and misleading advertising of certain
`Duracell batteries regarding the batteries’ longevity, in violation of various state laws.
`We obtained a settlement valued at approximately $50 million on behalf of
`approximately 7.26 million class members.
`
`!
`
`In re The Home Depot, Inc. Shareholder Derivative Litigation, No. 1:15-CV-2999-
`TWT (N.D. Ga.). Co-Lead Counsel in shareholder derivative action alleging breaches of
`fiduciary duty against certain officers and directors concerning The Home Depot 2014
`data breach. We successfully resolved the litigation through settlement by causing The
`Home Depot to enact comprehensive corporate governance reforms and structural
`improvements to its data security protocols.
`
`! Marsh & McLennan Companies, Inc. Derivative Litigation, No. 753-VCS (Del. Ch.).
`As co-counsel, we helped obtain a $205 million settlement in a shareholder derivative
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`Schubert Jonckheer & Kolbe LLP
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`action brought on behalf of Marsh & McLennan Companies (“MMC”). The complaint
`alleged that MMC, the world’s largest insurance broker, failed to adequately disclose that
`it was paid commissions to steer insurance business to favored companies. When the
`practices were revealed, MMC paid huge fines, to the detriment of its shareholders.
`
`In re Banc of California Inc. Stockholder Derivative Litigation, No. 8:19-cv-00621-
`DMG-DFM (C.D. Cal.). Co-lead counsel in shareholder derivative action alleging breach
`of fiduciary duty against officers and directors based on alleged false disclosures and
`conflicts of interest. Plaintiffs obtained a settlement improving whistleblower procedures.
`
`In re Mattel, Inc. Stockholder Derivative Demand Refusal Litigation, No. 2021-0782-
`MTZ (Del. Ch.). Co-lead counsel in shareholder derivative action alleging breach of
`fiduciary duty against officers and directors arising out of a financial restatement.
`Plaintiffs obtained a $7 million cash settlement and governance reforms.
`
`!
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`!
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`! 3M Transparent Tape Cases, No. 4:00-2810-CW (N.D. Cal.). Co-Lead Counsel in
`nationwide antitrust class action on behalf of purchasers of 3M transparent tape. Plaintiffs
`claimed that 3M maintained an unlawful monopoly in the market for invisible and
`transparent tape designed to restrict the availability of lower-priced comparable products
`to consumers and maintain supracompetitive prices for its own retail products. We
`obtained a settlement valued at approximately $42 million.
`
`! Bonneville Pacific Corporation Securities Litigation, No. 2:92-C-0181-DS (D. Utah).
`Co-Lead Counsel in securities class action involving fraudulent financial statements by a
`power cogeneration company. We obtained settlements totaling $26 million for the class,
`which recovered 100% of its damages, in one of the largest securities fraud cases in Utah
`history. We also obtained an important decision from the Utah Supreme Court holding
`that plaintiffs need not plead or prove reliance under the Utah Uniform Securities Act.
`
`! Qwest Communications International, Inc. Derivative Litigation, No. 02-CV-8188
`(Colo. Dist. Ct., Denver). Co-Lead Counsel in shareholder derivative action alleging
`breaches of fiduciary duty and insider trading arising out of the telecommunications
`company’s earnings restatement. We obtained a $25 million settlement on the company’s
`behalf.
`
`! Pfeiffer v. Toll, No. 4140-VCL (Del. Ch.). Primary counsel in shareholder derivative
`action alleging breaches of fiduciary duty and insider trading arising out of missed
`earnings projections. We recovered a $16.25 million settlement on the company’s behalf
`and obtained a key legal ruling rejecting the argument that Delaware’s leading insider
`trading precedent should be overruled. Pfeiffer v. Toll, 989 A.2d 683 (Del. Ch. 2010).
`
`! In re MacBook Keyb. Litig., No. 5:18-cv-02813 (N.D. Cal.). Member of the Executive
`Committee on behalf of a certified class of Apple customers with defective MacBook
`keyboards. We obtained a $50 million settlement for over 15 million class computers.
`
`! In re Altria Group, Inc. Derivative Litig., No. 3:20-cv-00772 (E.D. Va.). Co-counsel in
`shareholder derivative action alleging breaches of fiduciary duty in connection with
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`Altria’s acquisition of JUUL Labs. Plaintiffs obtained a settlement providing for a $117
`million funding commitment by Altria for youth prevention programs, appointment of an
`independent monitor to oversee the spending, and corporate governance reforms.
`
`! Public School Teachers’ Pension and Retirement Fund of Chicago v. Gary Guthart, et
`al., Case No. CIV-526930 (San Mateo County Superior Court). Co-counsel in shareholder
`derivative action alleging breaches of fiduciary duty and insider trading against officers
`and directors. Plaintiff obtained a settlement including a return to the company of cash and
`options by certain officers and directors, and corporate governance reforms.
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`Current Court-Appointed Leadership Positions
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`!
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`In re Wag Hotels, Inc. Pet Safety Litigation, No. 4:24-cv-01162-JST (N.D. Cal.). Co-
`Interim Class Counsel in consumer class action involving allegedly false and misleading
`advertising of pet boarding, daycare, and grooming services.
`
`! Fisher v. United States, No. 13-CV-608-MMS (Fed. Cl.). Lead Counsel in shareholder
`derivative action on behalf of Fannie Mae alleging unconstitutional taking of private
`property against U.S. government based on net worth sweep of all profits.
`
`!
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`In re Myriad Genetics, Inc. Stockholder Derivative Litigation, No. 2021-0686-SG (Del.
`Ch.). Co-Lead Counsel in shareholder derivative action alleging breaches of fiduciary
`duty against certain of Myriad Genetics, Inc.’s officers and directors.
`
`In re Spruce Power Holding Corporation Shareholder Derivative Litigation, No. 23-cv-
`289-MN (D. Del.). Co-Lead Counsel in shareholder derivative action alleging breaches of
`fiduciary duty and additional claims against certain of Spruce Power Holding
`Corporation’s officers and directors.
`
`In re Lordstown Motors Corp. Stockholder Derivative Litigation, No. 2021-1049-LWW
`(Del. Ch.). Co-Lead Counsel in shareholder derivative action alleging breaches of
`fiduciary duty and additional claims against certain of Lordstown Motors Corp.’s officers
`and directors.
`
`In re RenovaCare Derivative Litigation, No. 21-cv-20569 (D.N.J.). Co-Lead Counsel in
`shareholder derivative action alleging breaches of fiduciary duty against certain of
`RenovaCare, Inc.’s officers and directors.
`
`! Doe et al. v. GoodRx Holdings, Inc. et al., No. 3:23-cv-00501-AMO (N.D. Cal.). Liaison
`counsel in privacy class action against GoodRx, Criteo, Meta Platforms, and Google for
`the unauthorized use of over 20 million consumers’ personal health information.
`Responsible for class certification, expert discovery, and third-party discovery.
`
`!
`
`In re LastPass Data Security Incident Litigation, No. 22-cv-12047-PBS (D. Mass.), No.
`22-cv- 12047 (D. Mass.). Member of the Executive Committee and Chair of Third-Party
`Discovery Committee in data breach class action involving the breach of 33 million
`users’ password vaults.
`
`Schubert Jonckheer & Kolbe LLP
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`! Skurauskis et al. v. NationsBenefits Holdings, LLC et al., No. 23-CV-60830-RAR (S.D.
`Fla.). Member of the Executive Committee in data breach class action concerning 3
`million health insurance subscribers’ personal and health records.
`
`!
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`!
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`In re HealthEC LLC Data Breach Litigation, No. 2:24-cv-00026-JKS-ESK (D.N.J.)
`Member of Plaintiffs’ Steering Committee in data breach class action involving 4.5
`million patients’ health records.
`
`In re Orrick Herrington & Sutcliffe LLP Data Breach Litigation, No. 3:23-cv-04089-SI
`(N.D. Cal.). Member of the Plaintiffs’ Steering Committee in data breach class action
`concerning breach of personally identifiable information held by the Orrick law firm.
`
`! Paul v. Plank, No. RDB-18-2239 (D. Md.). Member of Executive Committee in
`shareholder derivative action alleging breaches of fiduciary duty and related claims
`against certain of Under Armour, Inc.’s officers and directors.
`
`! Hasson v. Comcast Cable Communications, LLC, No. 2:23-05039-JMY (E.D. Pa.).
`Member of Executive Committee in data breach class action concerning 36 million
`customer account records.
`
`Attorneys
`
`Robert C. Schubert received a B.S. degree from the New York State School of Industrial and
`Labor Relations at Cornell University in 1966, where he graduated first in his class. He received
`his J.D. cum laude from Harvard Law School in 1969, after which he taught law at Columbia
`University and Golden Gate University. He has actively practiced law at both the trial and
`appellate levels. He specializes in complex litigation, particularly securities and antitrust class
`actions and shareholder derivative suits. He is a member of the state and federal bars of
`California, Massachusetts, and New York. Since 1971, he has also arbitrated numerous disputes
`for the Federal Mediation and Conciliation Service. He is the author of several published articles
`and lectures on class actions at the University of California Hastings College of the Law. Mr.
`Schubert was selected to Super Lawyers from 2007-2009 and 2013-2023.
`
`Willem F. Jonckheer received his B.A. degree from Colgate University in 1990. He was
`awarded his J.D. degree in 1995 from the University of San Francisco School of Law, where he
`served as an article editor on the USF Maritime Law Journal and participated in the Philip C.
`Jessup International Law Moot Court Competition. Mr. Jonckheer was a law intern with the
`Pacific Stock Exchange, where he researched regulatory issues affecting national securities
`exchanges, and the U.S. Securities & Exchange Commission, where he worked on enforcement
`cases. Mr. Jonckheer was a member of the Board of Trustees of Live Oak School, an
`independent K-8 school in San Francisco, where he served as Chairman of the Audit Committee,
`and as a member of select committees on Head of School compensation and school bylaws. Mr.
`Jonckheer is a member of the Northern California Chapter of the Netherland-America
`Foundation, an organization dedicated to bilateral cultural exchange between the Netherlands
`and the United States. He was admitted to the State Bar of California in 1995.
`
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`Dustin L. Schubert received his B.A. from the University of California, Berkeley in 2003. He
`was awarded his J.D. degree in 2007 from Vanderbilt University Law School. Mr. Schubert was
`admitted to the State Bar of California in 2007. He previously interned with the San Francisco
`Superior Court for the Hon. A. James Robertson II and for Bay Area Legal Aid. Mr. Schubert
`was selected to Super Lawyers Rising Stars for 2017 and to Super Lawyers for 2021-2024.
`
`Amber L. Schubert received her J.D. cum laude from the University of San Francisco School of
`Law in 2011, where she served as Editor-in-Chief of the USF Law Review. Ms. Schubert
`authored a comment titled Replacement Justice on the U.S. Supreme Court: The Use of
`Temporary Justices to Resolve the Recusal Conundrum, 46 U.S.F. L. Rev. 215 (2011), and was
`awarded Best Oral Argument in the Moot Court Program. Prior to law school, Ms. Schubert
`worked as the Online Editor for the Center for American Progress in Washington, DC and served
`as the Online Media Manager for the 2004 Democratic National Convention in Boston, MA. She
`has also served as part of the National Advance Staff for the Kerry-Edwards campaign and
`former Vice President Al Gore. She received her B.A. from the University of California,
`Berkeley in 2003. Ms. Schubert was selected to Super Lawyers Rising Stars for 2021. She is
`also an active member of the LGBTQ community.
`
`Daniel L.M. Pulgram received his J.D. cum laude from American University Washington
`College of Law in 2023. A lover of litigation, he was active in the highly competitive mock trial
`honor society at American and competed nationwide. Mr. Pulgram externed with the Honorable
`Chief District Judge Barbra M.G. Lynn in the Northern District of Texas and interned with the
`Atlanta Legal Aid Society. He wants to use the law as a tool to hold the powerful accountable.
`Mr. Pulgram graduated from Kenyon College with a B.S. in Political Science in 2016.
`
`Gregory T. Stuart received his J.D. from the University of California at Davis School of Law in
`2005. In 2002, Mr. Stuart was awarded a B.S. in Business Administration, cum laude, with a
`minor in Philosophy, from Humboldt State University. He participates in most aspects of the
`firm’s practice but has over a decade of focused experience in document discovery, representing
`both producing and receiving parties during that time.
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`Multi-Case Filing Detail: The document above has been filed
`and/or served into multiple cases, see the details below including
`the case number and name.
`
`Transaction Details
`
`Court: DE Court of Chancery Civil Action Document Type: Exhibits
`Document Title: Exhibit B - Schubert
`Jonckheer & Kolbe LLP Firm Resume
`Submitted Date & Time: Jun 20 2024 3:45PM
`
`Transaction ID: 73445620
`
`Case Details
`
`Case Number
`
`2024-0127-MTZ
`
`2024-0288-MTZ
`2024-0330-MTZ
`
`Case Name
`STAYED - 4/12/2024 - CONF ORD -
`Briefs/Exhib./Related Papers/MTD - Kathleen Miller v.
`Robert J. Scaringe
`Evaristo Sarabia v. Robert J. Scaringe, et al.
`Roman Lavrenov v. Robert Scaringe
`
`