Joint Declaration of Lynn L. Sarko and Marc I ... - Cohen Milstein

See, e.g., ERISA § 502(a), 29 U.S.C. § 1132(a) (specifically empowering participants and
beneficiaries to bring civil actions to redress violations and/or enforce provisions of ERISA).
153. Without the efforts of Plaintiffs’ Counsel, the participants in Merrill’s three
ERISA Plans likely would not have obtained relief anywhere close to this magnitude. Plaintiffs’
Counsel clearly have promoted the public interest by vindicating the rights of the aggrieved Plan
participants, and it is in the public interest for them to be paid a reasonable attorney’s fee.
IX. PLAINTIFFS’ COUNSEL SHOULD BE REIMBURSED FOR THEIR REASONABLE
THE EXPENSES ADVANCED IN THE LITIGATION
154. Each of Plaintiffs’ Counsel’s firms – and Co-Lead Counsel in particular –
advanced significant unreimbursed expenses of the litigation. The expenses incurred in this
action are commercially reasonable and are reflected on the books and records of each firm.
These books and records are prepared from expense vouchers, check records and other source
materials and represent an accurate recordation of the expenses incurred. The expenses include
necessary travel, expert witnesses and copying, as well as telephone, fax, and computer aided
research and document database storage and maintenance. Summaries of each firms’ expenses
are attached hereto as Exhibits M through X.
155. On a firm-by-firm basis, the expenses are as follows:
Firm Expenses
Keller Rohrback L.L.P. & P.L.C. $181,435.33
Cohen Milstein Sellers & Toll PLLC $173,393.53
Gainey & McKenna $ 819.96
Harwood Feffer LLP $ 2,532.41
Law Offices of Curtis V. Trinko, LLP $ 809.74
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