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EXHIBIT B
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New York Office:
747 Chestnut Ridge Road
Chestnut Ridge, New York 10977
Tel: 845-356-2570
Fax: 845-356-4335
New Jersey Office:
135 Chestnut Ridge Road
Montvale, New Jersey 07645
Tel: 201-391-7000
Fax: 201-307-1086
KANTROWITZ, GOLDHAMER & GRAIFMAN, P.C. (“KGG”) has a nationwide class
action practice and has litigated numerous cases involving complex business litigation, consumer class
actions and securities class actions. The firm has litigated a number of cases resulting in reported
decisions, including cases of first impression. The firm also has an active personal injury and medical
malpractice practice, chaired by Barry S. Kantrowitz, and represents clients in mass tort actions.
GARY S. GRAIFMAN is a partner in the Firm and co-chair of the Consumer Class Action
Litigation Group at KGG with Melissa R. Emert. Mr. Graifman specializes in the area of consumer
and securities class action litigation. He is admitted to practice before the courts of the State of New
York, the State of New Jersey, the United States Federal Courts for the Southern District of New York,
the Eastern District of New York, the Northern District of New York, the District of New Jersey, the
United States Court of Appeals for the First Circuit, Second Circuit, Third Circuit and the Eighth
Circuit. He is also a member of the Class Action Committee of the New Jersey State Bar Association.
Mr. Graifman is rated “AV-Preeminent” by Martindale Hubbell and has been nominated by Super
Lawyers Magazine as a New Jersey Super Lawyer for 2010-2021. He has been a panelist and speaker
on class action issues before various bar organizations including those sponsored by the Class Action
Committee of the New Jersey State Bar Association and by the National Employment Lawyers
Association, New York Chapter.
A sampling of some of the cases Mr. Graifman has recently been involved in include:
In re Volkswagen Timing Chain Products Liability Class Action, 16-cv-2765 (JLL)
(D.N.J.). Mr. Graifman and the Firm served as Co-Lead Counsel in this products liability
class action which was settled on a nationwide basis on behalf of the owners and lessees
of approximately 477,000 class vehicles. Final approval was granted to the Settlement on
December 14, 2018. The Settlement provided one hundred percent reimbursement for
timing chain repairs to class members and was valued at approximately $50 million
(inclusive of warranty extension repairs).
Oliver, et al. v. Bayerische Motoren Werke Aktiengesellschaft, et al., 2:17-cv-12979-CCC-
MF (D.N.J.). Mr. Graifman and the Firm served as Co-Lead Counsel on this case which
involved defective electric coolant pumps on various BMW model vehicles. The matter
settled and Final Approval was granted on March 9, 2021. The class includes
approximately 563,227 vehicles. The Settlement is valued at approximately $30 Million.
Coffeng, et al. v. Volkswagen Group of America, et al., 3:17-cvb—01825-JD (N.D. Cal.).
Mr. Graifman and the Firm serve as Co-Lead Counsel on this consumer class action
involving defective water pumps in a multitude of Volkswagen and Audi model vehicles.
Final Approval was granted to the settlement on May 14, 2020. The case encompassed a
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nationwide class of owners and lessees of approximately 873,779 class vehicles and was
valued at approximately $22 million.
Chiarelli, et al. v. Nissan, N.A. and Duncan, et al. v. Nissan N.A., 14-CV-4327(NGG)
(E.D.N.Y.) and 1:16-CV-12120-DJC (D. Mass.), these two companion cases involve
multi-state claims concerning defective timing chains on various Nissan model vehicles
and involve claims in the states of Massachusetts, New York, Texas, Florida, North
Carolina, Maryland, Colorado and Oregon. Final Approval was granted to the settlement
on August 25, 2020 before Judge Denise Casper in the U.S. District Court for the District
of Massachusetts.
In re Home Depot Consumer Data Security Breach Litig., 1:14-MD-02583-TWT
(N.D.Ga.). Mr. Graifman and the Firm served on the five member Plaintiffs’ Steering
Committee in this massive data breach consumer class action affecting approximately 50
million consumers which was settled on a nationwide basis in 2016. The settlement was
valued at approximately $27 million.
In re Premera Blue Cross Customer Data Security Breach Litig. 3:15-md-2633 (D. Ore).
Mr. Graifman and the Firm were one of the counsel in the Premera Blue Cross Customer
Data Breach Matter, having done substantial and essential work in the case, which was
given Final Approval in early March 2020. The firm’s client was the sole named plaintiff
and representative for the putative California state subclass. The California subclass
asserted a claim under the California Confidential Medical Information Act, Cal. Civ. Code
§§ 56, et seq. which was sustained by Court on a motion to dismiss. The matter settled and
final approval was granted on March 2, 2020. Under the terms of the settlement approved,
the California subclass was entitled to additional compensation as a result of the California
CMIA claim.
Seifi, et al. v. Mercedes-Benz USA, LLC, 3:12-cv-5495-TEH (N.D. Ca.). Mr. Graifman
and the Firm served as co-lead counsel in this litigated consumer class action seeking
reimbursement for repairs to various Mercedes model vehicles due to a balance shaft
defect. The action settled on a nationwide basis in 2015, valued at approximately $25
million.
In re Rambus Securities Inc. Litigation., 06-c-v4346-JF (U.S. District Ct., N.D. Cal.) Mr.
Graifman and the Firm served as Co-Lead Counsel for the class in this securities class
action involving allegations of backdating of options. The matter was settled for $18.33
million and approved on May 14, 2008.
Sheris v. Nissan North America, Inc., 07-cv-2516 (WHW) (U.S. District Ct., D. New
Jersey). Mr. Graifman and the Firm served as Co-Lead Counsel for the class in this
consumer class action against Nissan for alleged brake defect in the 2005 G35x model
vehicle. The Court certified a New Jersey settlement class which involved reimbursement
of the cost of brake and rotor replacement up to $340 per brake replacement.
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Jermyn v. Best Buy Stores, L.P., 1:08-cv-00214 (CM) (U.S. District Ct., S.D.N.Y.). Mr.
Graifman and the Firm served as Co-Lead Counsel in this litigated consumer class action
certified as a New York consumer class by Hon. Colleen McMahon. The class consisted of
Best Buy purchasers who were denied price match guarantees by Best Buy. The matter
settled on a class-wide basis shortly before trial.
Lubitz, et al. v. DaimlerChrysler Corp., BER-L-4883-04 (New Jersey Superior Court, Bergen
Co.) Mr. Graifman and the Firm served as Co-Lead Counsel for the class in this consumer
class action against DaimlerChrysler Corp. The Court certified a nationwide settlement class
and approved a settlement valued at $14.5 million to owners of Jeep Grand Cherokees, model
years 1999 through 2004.
In re Trend Micro Class Action Litigation, Case No. CV 11-02488 (RMW) (U.S. District Ct.,
N.D. Calif.). Mr. Graifman and the Firm served as Co-Lead Counsel for the class in this
consumer class action concerning the failure to provide the remaining time left on current
trial subscriptions when the subscriber on the trial subscription converted to a paid
subscription. The case was settled in 2013 and Final Approval of the settlement was entered
November 15, 2013 by the Court granting subscribers cash refunds or credit towards their
future subscriptions and changing the policy of the Company going forward.
In re Symantec Class Action Litig., 1-05-cv-053711 (Superior Ct. Of State of California, Co.
Of Santa Clara) (Komar, J.). Mr. Graifman and the Firm served as Co-Lead counsel in this
consumer class action involving the cut-off of subscription time when the subscriber to
Norton s anti-virus software renewed or upgraded earlier than the end of the then-current
subscription. After the class was certified upon a litigated motion, the matter was settled for
a cash payment or a voucher for further use with the anti-virus subscription (at the
consumer s option), with the settlement valued in excess of $5 million.
Lowrance, et al. v. Equinox International Corp., 2:99-cv-0969 (D.Nev.). Mr. Graifman and
the Firm participated in trying a nationwide consumer class action case in the District of
Nevada against multi-level marketing company, Equinox, International Corp. through the
entire trial, and settling the matter on or about the last day of trial before Judge Johnnie B.
Rawlinson, just prior to her elevation to the U.S. Court of Appeals for the Ninth Circuit. The
matter was tried with other plaintiffs’ counsel, who Mr. Graifman second-seated, and a multi-
state Attorney General Task Force and resulted in the liquidation of Equinox and a settlement
fund in excess of $30 million to repay Equinox distributors.
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MELISSA R. EMERT, ESQ., has been representing aggrieved stockholders and consumers
for more than 30 years. Ms. Emert recently joined KGG after spending most of her career at a national
class action firm where she founded and was Co-Chair of its Consumer and Antitrust Class Action
Litigation Groups. Ms. Emert’s practice focuses on consumer, antitrust and securities class
actions. She has litigated cases throughout the United States and held prominent leadership positions
in many large multidistrict litigations (“MDLs”). Melissa is a member of the New York State Bar and
is admitted to practice before the United States District Courts for the Southern and Eastern Districts
of New York. Melissa graduated from Brooklyn Law School with a Juris Doctor in 1988 and received
a Bachelor of Arts from the State University of New York at Stony Brook in 1985.
Examples of Ms. Emert’s nationwide class action experience include:
Court-appointed Co-Lead Counsel in Carder v. Graco Children’s Products, Inc., 2:20-cv-
00137-LMM (N.D. Ga. 2021) (alleging state consumer protection and common law claims
on behalf of consumers resulting from defendant’s defective and allegedly unsafe children’s
car seat products);
Court appointed Co-Lead Counsel in In re: Daily Fantasy Sports Litig., 1:16-md-02677-
GAO (D. Mass 2016) (alleging violations of state consumer protection statutes and
common law claims on behalf of consumers participating in defendants’ online fantasy
sports websites).
Court appointed member of plaintiffs’ executive committee in In re: Hill’s Pet Nutrition,
Inc. Dog Food Products Liability Litig., 19-md-2887 (D. Kan.) (alleging violations of state
consumer protection statutes and common law on behalf of consumers who purchased dog
food that contained toxic levels of Vitamin D).
Discovery Committee in a court approved leadership structure in In re: Rock ‘N Play
Sleeper Marketing, Sales Practices, and Products Liability Litigation, 1:19-md-2903
(W.D.N.Y. 2019) (alleging violations of state consumer protection statutes and common
law claims on behalf of consumers who purchased the defective and inherently unsafe
Fisher-Price Rock ‘n Play Sleeper for their infant children).
Court appointed member of Plaintiffs’ Steering Committee in In re: Intel Corp. CPU
Marketing and Products Liability Litig., 3:18-md-02828 (D. Or. 2018) (claims on behalf
of Intel processor users that have been affected by Intel’s alleged defective processors).
Court appointed member of Plaintiffs’ Executive Committee in In re: Apple Inc. Device
Performance Litig., 5:18-md-02827 (N.D. Cal. 2018) (claims on behalf of iPhone and iPad
users that have been affected by the alleged intentional slowdown of the processors).
Court appointed member of Plaintiffs’ Steering Committee in In re: German Automotive
Mfr. Antitrust Litig., 3:17-md-02796 (N.D. Cal. 2017) (alleging anticompetitive conduct in
the market for German-made automobiles).
Court appointed member of Plaintiffs’ Steering Committee in In Re: Sonic Corp. Customer
Data Sec. Breach Litig., 1:17-md-02807 (N.D. Ohio 2017) (claims on behalf of persons
allegedly affected by Sonic’s data breach resulted in a class wide settlement).
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Class Representative Communications and Client Vetting Committee in a court approved
leadership structure in Echavarria, et al. v. Facebook, Inc., C 18- 05982 (N.D. Cal. 2018)
(claims on behalf of persons that have been allegedly affected by Facebook’s “View As”
data breach).
Co-Chair of Plaintiffs’ Vetting Committee in a court approved leadership structure in In re
Wawa, Inc. Data Breach Litigation, No. 19-6019 (E.D. Pa. 2019) (claims on behalf of
persons affected by Wawa’s data breach and had their personal information compromised).
Court appointed Interim Class Counsel in In re: Google Location History Litig, 5:18-cv-
05062-EJD (N.D. Cal. 2019) (a privacy breach action alleging Google tracked millions of
mobile device users’ geolocation after falsely representing that activating certain settings
will prevent the tracking).
One of three lead co-counsel in Hughley, et al. v. Univ. of Central Florida Bd. of Tr., 2016-
CA-001654-O (9th Judicial Circuit, Florida) (February 2016 data breach; settled
November 2017, with UCF spending an additional $1,000,000 annually to protect students’
and employees’ personal information).
Melissa also has developed and oversees the following litigation, among others:
County of Osceola v. Purdue Pharma Inc., 6:18-cv-00164 (M.D. Fl.); County of Alachua
v. Purdue Pharma Inc., 1:18-cv-00086-MW-GRJ (N.D. Fl.); County of Palm Beach v.
Purdue Pharma Inc., 50-2018-CA-004109 (N.D. Fl.) (each alleging opioid manufacturers
and distributors defrauded the counties, among others, to generate improper revenue at the
county’s expense).
In Re: Uber Tech., Inc., Data Sec. Breach Litig., 2:18-ml-02826-PSG-GJS (C.D. Cal.)
(alleging a failure to secure and safeguard riders’ and drivers’ personally identifiable
information (“PII”) caused 57 million driver and rider accounts to be compromised).
In Re: 21st Century Oncology Customer Data Sec. Breach Litig., 8:16-md-02737 (M.D.
Fla.) (October 2015 data breach in which the PII of more than two million 21 Century
patients was compromise).
Suvino v. Time Warner Cable, Inc., 1:16-cv-07046 (S.D.N.Y.) (settled action which alleged
violations of the Americans with Disabilities Act by Time Warner).
Guariglia et al v. The Procter & Gamble Company, 2:15-cv-04307 (E.D.N.Y.) (settled
action which alleged violations of law in connection with P&G’s design, manufacture,
marketing, advertising, and selling of Tide Pods).
JAY I BRODY, ESQ. is a commercial litigator with an emphasis in class action litigation,
including consumer fraud, automotive defect, and securities and shareholder actions, as well as
commercial litigation. Prior to joining the firm, Mr. Brody served as a law clerk for Justice Miriam
Naor, President of the Supreme Court of Israel and the Superior Courts of the State of Connecticut.
While in law school, Mr. Brody served as a Student Assistant District Attorney in the Office of the
New York County District Attorney, and interned at the New York State Department of Financial
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Services and United States Department of Justice. He is currently in charge of the Firm’s SAM-E
Supplement consumer class action litigation.
Mr. Brody received his B.S. in accounting from Yeshiva University, and his J.D. from The
Benjamin N. Cardozo School of Law in 2013, where he served on the Public Law, Policy and Ethics
Journal. He is admitted to practice before the State Courts of New York and New Jersey, and the
United States Federal Court in the Southern District of New York, Eastern District of New York, and
District of New Jersey.
SARAH HAQUE, ESQ. is currently of counsel to Kantrowitz, Goldhamer & Graifman, P.C.
with an emphasis in class action litigation. Ms. Haque received a Bachelor’s of Commerce from
McGill University in Montreal, Quebec, with a minor in Economics. Following her undergraduate
experience, she attended State University of New York Buffalo Law School, and graduated in 2014.
While in law school, Ms. Haque was an editor for the Buffalo Human Rights Law Review. She was
also President of the Labor and Employment Relations Society and Treasurer of the Latin American
Law Students Association. Ms. Haque has worked on various class actions with the firm, including
the In re Anthem Data Breach litigation and the In re Premera Data Breach litigation.
WILLIAM T. SCHIFFMAN, ESQ., is a senior associate in the firm of Kantrowitz,
Goldhamer & Graifman, P.C. Mr. Schiffman received his J.D. degree from Brooklyn Law School in
1974 and is admitted to practice in New York (1975), Texas (1976), and New Jersey (1981). Mr.
Schiffman was Law Clerk to the Honorable Woodrow Seals, United States District Judge, Southern
District of Texas from 1974-1977. In that position Mr. Schiffman was responsible for preparing
decisions and orders on motions as well as observing trials and assisting Judge Seals in preparing
finds of fact and conclusions of law.
From 1977-1979, Mr. Schiffman was associated with the law firm of Urban & Coolidge in
Houston Texas. Mr. Schiffman's principal practice area was commercial litigation. From 1979 to
1985, Mr. Schiffman was an attorney for AT&T, first in the Long Lines Department in Atlanta,
Georgia, and then in company headquarters in New Jersey. Mr. Schiffman's responsibilities were
principally in the area of general litigation and the AT&T antitrust litigation prior to divestiture.
From 1985 to 1993, Mr. Schiffman was with the law firm of Jacobi & Meyers, first as the managing
attorney of several offices, then as New Jersey resident partner in charge of the northern New Jersey
offices. The practice was principally in the area of litigation. From 1993 to date, Mr. Schiffman
has been associated with Kantrowitz & Goldhamer, P.C., in New York, and its affiliate, Kantrowitz
& Goldhamer in New Jersey. Mr. Schiffman's responsibilities are principally in the area of litigation
including securities and employment class action, as well as complex contested matrimonial and
general commercial litigation.
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