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Current Actions

Current Actions

In re Apple E-book, Derivative Litigation, Case No. 1-14-CV-269543, pending in Superior Court of the State of California, County of Santa Clara

Derivative action arising out of Apple’s alleged breach of the antitrust laws in relation to the pricing of e-books. The action arises from the decision of Judge Cote in 2013, after a three week bench trial, finding Apple guilty of fixing the price of e-books.

Fran Kosky Roth IRA, et. al. v. Edward G. Rendell, et. al., Index No. 650269/2015, pending in the Supreme Court of the State of New York, County of New York (“ARCP”)

Derivative action for accounting malpractice arising out of the Company’s massive restatement of its financials, and the purported failure of the members of the Audit Committee to fulfill their duties.

In re Caterpillar, Inc. Shareholder Derivative Litigation, Master Docket No. 1:13-cv-01104-SLD-JAG, pending in the United States District Court, Central District of Illinois, Peoria Division

Consolidated derivative action arising out of Board of Director’s purported bad faith breaches of fiduciary duties in connection with the Company’s April 2012 purchase of ERA Mining Machinery, Ltd, and its main subsidiary Zhengzhou Siwei Mechanical & Electrical Manufacturing Co., Ltd.

In re Flow International Corporation, No. C13-2125RSL, pending in United States District Court, Western District of Washington at Seattle

Class action arising out of alleged false and misleading Schedule 14A Proxy Statement pursuant to Section 14A of the Securities Exchange Act of 1934, and the Individual Defendants’ breaches of fiduciary duties, including their duty to act in an entirely fair manner in any self-dealing transaction and to maximize shareholder value in the sale of the Company.

Ira Gains v. Corporate Property Associates 16-Global Incorporated et. al., Index No. 650001/14, formerly pending in the Supreme Court of the State of New York, New York County

Class action arising out of the purportedly inadequate acquisition of Corporate Property Associations 16—Global Incorporated, an illiquid, non-publicly traded Upreit, by its alleged controlling shareholder, W.P. Carey Inc., a publicly traded real estate investment trust. A notice of appeal of Judge Oing’s decision dismissing the action has been filed.

Ira Gains, et. al. v. William Goolsbee, et. al., C.A. No. 10713-VCG, pending in the Court of Chancery for the State of Delaware (“Sarepta”)

Derivative action arising out of the board of director’s purportedly intentional and bad faith breaches of fiduciary duties to oversee the Sarepta Therapeutics, Inc.’s public statements.

In re General Motors Derivative Litig., C.A. No. 9627-VCG, pending in the Court of Chancery for the State of Delaware

Derivative action arising out of board of directors’ alleged breaches of fiduciary duties to General Motors, Inc. (“GM”) in connection with GM’s failure to rectify its ignition switch issues in the Cobalt and other cars and for its failure to make timely recalls of offending cars.

Ron Heron v. Seadrill Limited et. al., Civil Action No. 15-cv-00429, pending in the United States District Court, Southern District of New York

Consolidated class action on behalf of ADR purchasers against certain of the Company’s board members and some managers for the dissemination of false and misleading statements.

Leslie Katz v. Catamaran Corporation, et. al., Case No. 15-cv-4513, pending in United States District Court, Northern District of Illinois, Eastern Division

Class action against the members of the Board of Directors of Catamaran Corporation for alleged proxy violations in relation to the Company’s acquisition by UnitedHealth Group Inc.

In re Las Vegas Sands Corp. Derivative Litigation, Master File No. a-11-636656-B, pending in District Court for Clark County, Nevada

Derivative action on behalf of the Las Vegas Sands Corp. arising from directors’ potential violations of the Foreign Corrupt Practices Act in connection with its operations in Macau.

In re Premera Customer Data Security Breach Litigation, MDL No. 2633, presently pending in the United States District Court for the Western District of Washington

Class action for breaches of duties and various other violations in relation to the failure of Premera Blue Cross’s board to take appropriate action to protect customer data.

In re Wal-Mart Stores, Inc. Shareholder Derivative Litigation, Master Docket No. 4:12-cv-4041, formerly pending in United States District Court, Western District of Arkansas, Texarkana Division

Derivative action arising out purported of violations of the Foreign Corrupt Practices Act and other management actions for engaging in the payment of millions of dollars to facilitate Wal-Mart’s rapid expansion into Mexico. A decision dismissing the case is currently on appeal.

Zack v. The NASDAQ OMX Group, Inc., Civil Action No. 12-6437, pending in the United States District Court for the Southern District of New York

A class action arising out of the NASDAQ’s alleged negligence in relation to the Facebook, Inc. initial public offering. The settlement of a related case has recently been announced.