`
`Transaction ID 58413805
`Case No. 9808-VCL
`
`LN THE COURT OF CHANCERY OF THE STATE GF DELAWARE
`
`C.A. No. 9808-VCL
`
`) ) ) )
`
`) ) ) )
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`VIRTUS CAPITAL L.P.,
`individually and
`on behalf of all others similarly situated,
`
`Plaintiff,
`
`v.
`
`EASTMAN CHEMICAL COMPANY, et.
`al.,
`
`Defendants.
`
`AFFIDAVIT OF T. BRAD DAVEY
`IN SUPPORT OF ATTORNEYS’ FEES AND COSTS
`
`ss:
`
`) }
`
`STATE OF DELAWARE
`
`COUNTY OF NEW CASTLE )
`
`T. Brad Davey, Esquire, being duly sworn according to law, deposes and
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`states as follows:
`
`lL.
`[am a partner at the firm of Potter Anderson & Corroon LLP
`(“PAC”), counsel
`for Martin D. Sass, M.D. Sass
`Investor Services,
`Inc.,
`
`Resurgence Asset Management, L.L.C., and Re/Enterprise Asset Management
`
`L.L.C, (together, the “Resurgence Defendants”), in the above-captioned matter(the
`
`“Action”), and I am licensed to practice law in the State of Delaware. The
`
`statements herein are of my own knowledge, and I can testify competently thereto,
`
`EFiled: Jan 12 2016 04:21PM EST
`Transaction ID 58413805
`Case No. 9808-VCL
`
`
`
`
`
`
`
`
`
`2,
`
`I submit this affidavit in connection with the Court’s December 17,
`
`2015 Order granting the Moving Defendants’ Motion to Compel (the “Motion’”)
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`and awarding attommeys’ fees and costs against Plaintiff Virtus Capital L.P. for the
`
`Moving Defendants having to bring the Motion. This affidavit, along with the
`
`attached exhibit, sets forth the attorneys’ fees and costs incurred by PACthat are
`
`being sought in connection with the Motion.
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`3.
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`The amount being sought consists specifically of fees and costs
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`incurred in connection with conducting research, drafting and revising briefs and
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`supporting papers in support of the Motion, reviewing relevant potential exhibits,
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`and preparing for oral argument on the Motion.
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`4,
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`I have reviewed the invoices reflecting fees and costs incurred by
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`PAC that have been billed to the Resurgence Defendants in connection with the
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`tasks identified in Paragraph 3 of this affidavit. Attached as Exhibit
`
`1
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`is a
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`spreadsheet reflecting:
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`(1) the PAC professionals who worked on the tasks
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`performed, (2) a description of each task performed, (3) the hours each PAC
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`professional worked on the tasks performed, (4) the fees charged for each PAC
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`professional for the tasks performed, and (5) the total fees and costs incurred.!
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`' Where a billing entry also reflected services other than those related to the
`Motion, I instructed each PAC attorney to make a good faith allocation between
`tasks and recorded on Exhibit 1 only the time allocated to the specific task(s)
`related to the Motion.
`
`
`
`5.
`
`Given the issues involved and ihe factors relevant under DLRPC
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`1.5(a), I believe the fees and costs reflected in Exhibit 1 are reasonable.
`
`FURTHER AFFIANT SAYETH NOT.
`
` T, Brad Davey (#5094)
`
`Potter Anderson & Corroon LLP
`1313 N. Market Street
`Wilmington, Delaware 19801
`302-984-6000
`
`SWORN AND SUBSCRIBEDbefore me
`this S5¢¥day of January, 2016.
`
`Notary noblic
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