Case 1:14-md JMF Document 171 Filed 07/28/14 Page 1 of 6 UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF NEW YORK

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1 Case 1:14-md JMF Document 171 Filed 07/28/14 Page 1 of 6 UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF NEW YORK IN RE: GENERAL MOTORS LLC IGNITION SWITCH LITIGATION 14-MD-2543 (JMF) JUDGE JESSE M. FURMAN This Document Relates to All Actions APPLICATION OF DAVID BOIES AS PLAINTIFFS LEAD COUNSEL OR AS EXECUTIVE COMMITTEE MEMBER I, David Boies, of the law firm of Boies, Schiller & Flexner, LLP submit this application pursuant to Pretrial Order No. 5, for appointment to the Lead Counsel Committee or to the Executive Committee for this action. I am available, and request the opportunity, to address the Court briefly in person at the August 11, 2014 Initial Conference. I personally possess the qualifications and experience needed for a position such as this one. I graduated from Yale law school in 1966 and have over 40 years experience in complex litigation. I am Chairman of Boies, Schiller & Flexner LLP, which was established in I have had the opportunity and the privilege to work on private, as well as government matters. A sampling of my work follows. I served as lead counsel for former Vice-President Al Gore in connection with the litigation relating to the 2000 Presidential election; I served as Special Trial Counsel for the United States Department of Justice in its successful antitrust suit against Microsoft; I served as counsel to the Federal Deposit Insurance Corporation in its litigation to recover losses for failed savings and loan associations; I served as Chief Counsel and Staff Director of the United States Senate Antitrust Subcommittee in 1978 and Chief Counsel and Staff Director of the United States Senate Judiciary Committee in 1979; I successfully represented American Express in its Antitrust case against Visa and MasterCard in which American Express received a record-breaking $4 billion recovery; I successfully defended Lloyd's of London in the World Trade Center insurance litigation; I successfully defended NASCAR in Antitrust litigation charging NASCAR with monopolizing the market for championship auto racing; I represented Maurice R. "Hank" Greenberg and the C.V. Starr Companies in connection with regulatory and civil litigations; Most recently I had the privilege of serving

2 Case 1:14-md JMF Document 171 Filed 07/28/14 Page 2 of 6 as lead counsel, along with former Solicitor General Ted Olsen, in successfully overturning Proposition 8 in Perry v. Schwarzenegger (N.D. Ca. August 4, 2010). I am a member of the American Bar Foundation, the New York State Bar Association, the New York City Bar Association, the New York Bar Foundation, the Litigation Counsel of America, and the London Court of International Arbitration. CRITERIA SET BY THE COURT In my years of legal service, I can attest to the importance of and appreciate the criteria this Court will consider when reviewing the applications of, and selecting, lead counsel. I believe my work, and my commitment to my work, as well as the diversity of my work, shows this Court that I do indeed meet, and exceed, the qualifications necessary to manage a litigation of this magnitude. My biography is available at I have been selected as one of the 100 Most Influential People in the World by Time Magazine, Global International Litigator of the Year by Who s Who Legal on seven occasions, as well as Litigator of the Year by The American Lawyer; Lawyer of the Year by The National Law Journal; runner-up Person of the Year by Time Magazine; the Antitrust Lawyer of the Year by the New York Bar Association; Best Lawyers in America for more than 25 years; and a Star Individual by Chambers USA. In 2013, I was named one of the Top 50 Big Law Innovators of the Last 50 Years by The American Lawyer. I work on this matter along with two experienced trial lawyers, my partners Steven Zack, the former President of the ABA, and William Isaacson, lead counsel or co-lead counsel and trial counsel in many class actions. Their biographies are available at and ( 2

3 Case 1:14-md JMF Document 171 Filed 07/28/14 Page 3 of 6 (1) Knowledge and experience in prosecuting complex litigation, including MDLs and class actions As my record attests to, I have extensive knowledge and experience in prosecuting complex litigation including MDLs and class actions. I have demonstrated consistently that I can and do commit the time, effort, expertise, and energy to prosecute complex litigation. I have taken on work, and orchestrated and organized efforts, that some thought unconventional and unattainable. I have worked to ensure that the efforts of a few benefit the injuries of many. Since inception, our firm has negotiated record settlements and won substantial verdicts on behalf of class members. Cases in which the firm has played a leading role include: In In re Vitamins Antitrust Litigation (D.D.C.), the firm, as one of three co-lead Counsel, obtained more than $1 billion in settlements for class plaintiffs. No (TFH), 2000 WL (D.D.C. Mar. 31, 2000). In 2003, the firm, acting as co-lead counsel, took the remaining four defendants to trial and won a $49.5 million jury verdict for the class, pre-trebling. Nat l L. J., Aug. 4, 2003, at 13. In 2013, in In re Vitamin C Antitrust Litigation (E.D.N.Y.), the firm won a jury verdict in the first antitrust action against Chinese companies for cartel conduct relating to products sold in the United States, winning a $162 million judgment, and $33 million from settling defendants. In In re Auction Houses Antitrust Litigation (S.D.N.Y.), in 2000, the firm, as lead counsel, negotiated a $512 million settlement described by an interim plaintiffs counsel as the most outstanding result I have ever heard of in the history of the antitrust laws. No. 00 Civ (LAK), 2001 WL , at *6 (S.D.N.Y. Feb. 22, 2001); also van Roden and Bernten v. Henri Termeer, Genzyme Corp., et al. (S.D.N.Y.) ($64 million settlement); In re Buspirone Antitrust Litigation, MDL No (S.D.N.Y.) ($220 million settlement); In re Cardizem CD Antitrust Litigation, MDL No. 128 (E.D. Mich.) ($110 million settlement). 3

4 Case 1:14-md JMF Document 171 Filed 07/28/14 Page 4 of 6 The firm is currently actively involved in several major class action lawsuits that include myself or attorneys who work on this matter. These matters include: In re Blue Cross/Blue Shield Antitrust Litigation (N.D.Ala.)(where I am co-lead counsel); Starr International v. United States (Ct. Fed. Claims)(where I am lead counsel); O Bannon v. NCAA (N.D.Cal.)(where Mr. Isaacson is co-lead trial counsel); In re Municipal Derivatives Antitrust Litigation (S.D.N.Y.)(where Mr. Isaacson is co-lead counsel); In re Vitamin C Antitrust Litigation (E.D.N.Y.)(where Mr. Isaacson was lead counsel); In re Polyurethane Foam Antitrust Litigation (N.D. Ohio)(where Mr. Isaacson is co-lead counsel); (2) Willingness and ability to commit to a time-consuming process I am submitting this application because I am willing and able to meet the demands of this case. I understand the commitment and the time a litigation of this size requires. I am based in our office in New York, which is near the Court and I can meet the demands required if I am needed to travel to serve the needs of the case. (3) Willingness and ability to work cooperatively with others My record shows I am committed to working cooperatively with others and have done so in each of the many class actions, and in many other cases, in which I have been involved. (4) Access to resources to prosecute the litigation in a timely manner My firm is relatively, large, with among the most experienced trial lawyers in the country. We have more than 220 lawyers in our litigation department and regularly try more complex civil litigation cases than any firm close to our size. We can devote, and have devoted as much resources to a case as it requires. (5) The work counsel has done in identifying, investigating, or prosecuting potential claims in the action My firm and I are counsel in the action Elizabeth Johnson v. General Motors LLC, 3:14 CV 477 HTW-LRA (S.D.Miss.) which has been transferred to this Court. During the pendency of this action and the stay in bankruptcy court, we have monitored and/or attending hearings in 4

5 Case 1:14-md JMF Document 171 Filed 07/28/14 Page 5 of 6 the bankruptcy and district court, reviewed the Anton R. Valukas Report to Board of Directors of General Motors Company regarding ignition switch recalls, reviewed Congressional testimony regarding this matter, reviewed the relevant bankruptcy proceedings in this matter, reviewed the reports of the responsibilities and potential plans of GM Consultant Kenneth Feinberg, and researched whether the Plaintiffs due process rights were violated. (6) Counsel s knowledge of applicable law I have litigated cases under federal and a host of state laws, as has my Firm. I have also litigated extensive issues relating to issues relating the bailout by the U.S. government of industries as class counsel in Starr International v the United States which argues that the government conducted an illegal taking that violated the 5th Amendment of the U.S. Constitution during its takeover of AIG. (7) Geographic diversity Boies, Schiller & Flexner LLP has offices throughout the United States, including New York, Washington D.C., Florida, Southern and Northern California, Las Vegas, as well as London, England. In this matter, we are working with counsel with offices in Michigan and Mississippi. I appreciate the Court s consideration in this matter, and am happy to supplement this application with any additional details the Court so desires. I look forward to addressing the Court personally on August 11. 5

6 Case 1:14-md JMF Document 171 Filed 07/28/14 Page 6 of 6 Respectfully submitted, s/ David Boies David Boies BOIES, SCHILLER & FLEXNER LLP 333 Main Street Armonk, NY Telephone: (914) Facsimile: (914) dboies@bsfllp.com CERTIFICATE OF SERVICE I hereby certify that on this 28 th day of July, 2014, I electronically filed the Application of David Boies for Appointment to the Plaintiffs Lead Counsel Committee with the Clerk of Court by using the CM/ECF system, which in turn will be served electronically upon all counsel of record identified on the Court s Service List. For those parties unable or unauthorized to receive service electronically, service will be made via an approved manner as provided in Pre Trial Order 1. David Boies 6

Case 1:14-mc JMF Document 32 Filed 08/07/14 Page 1 of 7

Case 1:14-mc JMF Document 32 Filed 08/07/14 Page 1 of 7 Case 1:14-mc-02543-JMF Document 32 Filed 08/07/14 Page 1 of 7 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK -----------------------------------------------------------------------------x IN