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Class Action Case Results

Significant Recoveries

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American Express Financial Advisors

On July 19, 2007, U.S. District Court Judge Deborah A. Batts, Southern District of New York, entered an order granting final approval of a $100 million settlement of the class action lawsuit brought by customers of American Express Financial Advisors (“AEFA,” now known as Ameriprise Financial Services, Inc.). As part of the settlement, AEFA also agreed to adopt and implement specific remedial measures.

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Natural Gas Antitrust

Girard Gibbs served in a leadership capacity in this coordinated antitrust litigation against numerous natural gas companies for manipulating the California natural gas market. Plaintiffs have achieved settlements of nearly $160 million to date.

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MCI

In 1999-2003, Girard Gibbs served as co-Lead Counsel in the largest consumer telecommunications class action settlement in history, settling for over $90 million in cash. Another case against MCI is still pending.

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Blue Shield of California

In this class action lawsuit alleging that Blue Shield engaged in unlawful, unfair and fraudulent business practices when it modified the risk tier structure of its individual and family health care plans, Girard Gibbs negotiated a $6.5 million settlement on behalf of former and current Blue Shield subscribers residing in California.

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Sony / BMG Music

SONY BMG Music Entertainment, SunnComm International, Inc. and First 4 Internet, Ltd. have agreed to settle a nationwide class action lawsuit involving security flaws in the digital rights management software contained on millions of SONY BMG music CDs. Girard Gibbs achieved the proposed settlement in its capacity as court-appointed co-lead counsel in the class action lawsuit, In re SONY BMG CD Technologies Litigation, Case No. 1:05-cv-9575-NRB, in the United States District Court for the Southern District of New York.

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American Fair Credit Association

This class action was brought on behalf of California residents who became members of the American Fair Credit Association (AFCA). In February 2003, Judge Ronald Sabraw of the Alameda County Superior Court and Judge Maxine Chesney of the U.S. District Court for the Northern District of California granted final approval to settlements valued at over $40 million.

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HCI / Silkies Hosiery

Girard Gibbs filed a class action lawsuit on behalf of consumers who responded to an offer for free Silkie-brand hosiery from HCI Direct, Inc. The lawsuit alleges that HCI failed to adequately disclose the terms and conditions of its continuity sales program and billed customers for hosiery that they did not order.

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Apple iPod

Girard Gibbs filed the first case on behalf of iPod owners alleging that Apple made material misrepresentations and omissions in its advertising regarding the lifespan of the iPod’s battery.

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Razor Scooter

On July 7, 2005, the Honorable Carl J. West of the Los Angeles Superior Court preliminarily approved a nationwide class action settlement on behalf of all persons in the United States who are or were owners of Razor E200, E200S, E300, E300S electric scooters with a manufacture date of February 2004 or earlier. Judge West also appointed Girard, Gibbs as co-lead counsel for the settlement class.

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Mitsubishi

This class action suit alleged that the wheel rims on the Mitsubishi Eclipse, model years 1997 through 2002, are defective in that they bend and dent under normal driving conditions.

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