UNITED STATES DISTRICT COURT FOR THE ... - LCD Class Action

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Case3:07-md-01827-SI Document6141-11 Filed07/12/12 Page2 of 138 UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION IN RE TFT-LCD (FLAT PANEL) ANTITRUST LITIGATION Case No. 07-cv-01827 DECLARATION OF KATHERINE KINSELLA I, Katherine Kinsella, being duly sworn, hereby declare as follows: 1. I am President of Kinsella Media, LLC (“KM”), a legal notification firm in Washington, D.C. specializing in the design and implementation of notification programs to reach unidentified putative class members primarily in consumer and antitrust class actions and claimants in bankruptcy. My business address is 2120 L Street, NW, Suite 860, Washington, D.C. 20037. My telephone number is (202) 686-4111. 2. KM was retained to design and implement the Notice Program in this Indirect Purchaser Litigation in In re TFT-LCD (Flat Panel) Antitrust Litigation. The Notice Program has been designed to effectively reach members of the Classes as well as consumers covered by the Attorneys General’s parens patriae actions. 3. This report will describe my experiences in designing and implementing notices and notice plans and my credentials to opine on the overall adequacy of the notice effort, as well as describe the notices (the “Notice” or “Notices”) and the notice plan (the “Notice Plan”) proposed here,, including why I believe it will be effective. The full Notice Plan is attached as Exhibit 1.
4. This declaration is based upon my personal knowledge and upon information provided by Class Counsel and my staff. The information is of a type reasonably relied upon in the fields of advertising, media and communications. 5. KM has developed and directed some of the largest and most complex national notification programs in the country. The scope of the firm’s work includes notification programs in antitrust, bankruptcy, consumer fraud, mass tort and product liability litigation. Specific cases have involved, among others, asbestos, breast implants, home siding and roofing products, infant formula, oil and gas leases, pharmaceuticals, polybutylene plumbing, tobacco, and Holocaust claims. KM implemented the paid media program for the Direct Purchasers in the actions pending before this Court in In re TFT- LCD (Flat Panel) Antitrust Litigation. KM also designed and implemented successful notice programs in other antitrust class actions, including: In re Compact Disc Minimum Price Antitrust Litigation, MDL No. 1361 (D. Me.) (which included parens patriae claims by Attorneys General); Sullivan v. DB Investments, Inc., No. 04-2819-SRC (D. N.J.); and Azizian v. Federated Department Stores, Inc., No. 03-03359 SBA (N.D. Cal.). 6. The firm has developed or consulted on over 700 notification programs and has placed over $240 million in media notice. Selected cases are attached as Exhibit 2. Case3:07-md-01827-SI Document6141-11 Filed07/12/12 Page3 of 138 7. Courts have admitted expert testimony from KM on our firm’s quantitative and qualitative evaluations of notice programs. Many Courts have commented favorably, on the record, regarding the effectiveness of notice plans prepared by KM. Selected judicial comments are attached as Exhibit 3. DECLARATION OF KATHERINE KINSELLA 2
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