EFiled: Feb :28PM EST Transaction ID Case No CB IN THE COURT OF CHANCERY OF THE STATE OF DELAWARE

Transcription

1 EFiled: Feb :28PM EST Transaction ID Case No CB IN THE COURT OF CHANCERY OF THE STATE OF DELAWARE WENDY LEE, individually and on behalf of all others similarly situated, Plaintiff, v. MARK PINCUS, JOHN SCHAPPERT, WILLIAM GORDON, C.A. No CB REID HOFFMAN, JEFFREY KATZENBERG, STANLEY J. MERESMAN, SUNIL PAUL, OWEN VAN NATTA, MORGAN STANLEY & CO. LLC, GOLDMAN, SACHS & CO., and ZYNGA INC., Defendants. AFFIDAVIT OF ETHAN D. WOHL IN SUPPORT OF APPLICATIONS FOR AN AWARD OF ATTORNEYS' FEES AND EXPENSES AND PLAINTIFF INCENTIVE AWARD STATE OF NEW JERSEY ) COUNTY OF ESSEX : SS Ethan D. Wohl, being duly sworn, hereby deposes and says: 1. I am a member of the law firm of Wohl & Fruchter LLP ("Wahl & Fruchter"), am a member in good standing of the New York, New Jersey and Florida bars, and was duly admitted pro hac vice in the above -captioned action. Wohl & Fruchter, together with Prickett, Jones & Elliott, P.A., acted as Class Counsel in the above -captioned action. I submit this Affidavit in support of the

2 applications for attorneys' fees and the reimbursement of expenses incurred in the prosecution of this action, and an incentive award for Plaintiff Wendy Lee ("Plaintiff' or "Ms. Lee"). Capitalized terms not defined herein have the respective meanings ascribed in Plaintiff's accompanying Brief in Support of Proposed Settlement and Plan of Allocation, Award of Attorneys' Fees and Expenses, and Plaintiff Incentive Award. 2. Wohl & Fruchter undertook this litigation on an entirely contingent basis. 3. Based on the daily time records maintained by my firm, attorneys at and engaged by Wohl & Fruchter recorded 1,887.0 hours in time with respect to this action from the inception of the matter through September 28, A breakdown of Wohl & Fruchter's hours as of September 28, 2016 at applicable hourly billing rates is as follows: Attorneye. our. ours Value at applieab e hourly rate Brian Elliott $ $123,375 Joan Feeley $ $150,713 Josh Fruchter $ $35,321 Kimberly Kalmanson $ $13,895 David Perlman $ $11,200 Krista Rosen $ $23,440 Sara Wigmore $ $153,760 Ethan Wohl $ $442,247 TOTAL: 1,887.0 $953,950 2

3 4. Based on records maintained by my firm, the total expenses incurred by Wohi & Fruchter with respect to this action from inception to date are as follows: Description Amount Depositions Court Reporters & Video 1, Rooms and Food 1, Document Review Platform 44, Electronic Research (West law) 7, Expert Fees 10, Mediator Fee 7, Process Server Travel Air Fare, Trains 1, Hotel (Less: Reimbursement from Prickett, Jones & Elliott, P.A.) (13,896.58) TOTAL: $60, Plaintiff significantly assisted in the prosecution of this litigation by sharing her knowledge of Zynga and the circumstances surrounding the Secondary Offering, and by making introductions to other former employees who provided relevant information, such as concerning pre-ipo stock sales organized by Zynga in which employees participated broadly. Plaintiff was also active in reviewing Court filings and asking questions about them, responding to discovery requests, preparing thoroughly for her deposition, and addressing settlement strategy. 6. I interviewed more than 20 former Zynga employees in the course of preparing the original complaint and after it was filed. Each of those individuals 3

4 expressed the view that the Secondary Offering was unfair because it excluded then -current and former employees of the Company. 7. I had in-depth conversations regarding participation in the case with a number of the former Zynga employees whom I interviewed. I specifically recall conversations with at least five Class members in which they expressed their concern that becoming a named plaintiff could harm their current or future employment and in which they declined to participate for that reason. If Ms. Lee had not stepped forward, I do not believe the claims in this action would have been prosecuted or that any recovery for the Class would have been achieved. 8. Shortly after this case was filed, two other law firms contacted me and advised that they represented Class members who were considering asserting similar claims. Neither of those plaintiffs, however, actually proceeded to file. 9. For the foregoing reasons, I believe that the $20,000 incentive award requested by Ms. Lee is fully warranted.

5 WOHL & FRUCHTER LLP By: Ethan D. Wohl 570 Lexington Avenue, 16th Floor New York, NY (212) Attorneys for Plaintiff SWORN TO AND SUBSCRIBED before me this 23rd day of February, Nota My Commis Expires: stet 21, MICHAEL P APRIGUANG Notary Publie State of New Jersey My Commission Expires Sep 28, O17