Kay Ellen Kochenderfer

1986, California

in the Trial Lawyer Honorary Society, Litigation Counsel of America. Ms. Kochenderfer has extensive experience in a broad range of complex business litigation, with a particular focus on complex class action, securities and antitrust litigation. Ms. Kochenderfer has handled litigation involving a number of different industries and across a wide range of products and services, including the automotive, semiconductor, software, energy, healthcare, airline, bicycle, cruise line, and chemical industries.

Ms. Kochenderfer has handled consumer class action matters filed in a number of different jurisdictions involving allegations of unfair business practices under California Business and Professions Code Section 17200, false advertising, violation of various state deceptive trade practices acts, fraud and breach of contract. She also has handled matters involving securities and derivative litigation. In addition, she has handled antitrust matters involving monopolization claims, below-cost pricing claims, conspiracy claims and price-fixing claims.

Representative Matters

Ms. Kochenderfer's representative matters include:

· Representation of Toyota Motor Corporation, a number of its subsidiaries (including Toyota's U.S. sales arm, Toyota Motor Sales, U.S.A., Inc.) and certain of their officers and directors in shareholder class action litigation, bondholder litigation and derivative litigation, arising out of drivers' reports of "unintended acceleration" in Toyota vehicles.

· Representation of Toyota Motor Sales U.S.A., Inc. in a nationwide class action over destination freight charge involving allegations of violation of California Business and Professions Code Section 17200, false advertising, fraud, breach of contract, unjust enrichment/restitution, and violation of the Minnesota Consumer Fraud Act.

· Representation of Sempra Energy, Southern California Gas Company and San Diego Gas and Electric Company in a lengthy jury trial involving antitrust conspiracy claims under the California Cartwright Act. The lawsuit was a class action brought on behalf of most natural gas and electricity consumers in the state of California.

· Representation of Shimano, Inc. in a jury trial in connection with claims for antitrust violations, breach of contract, below cost pricing and unfair business practices.

· Representation of Dean Witter Reynolds, Inc. in a jury trial against a claim brought by California Union Insurance Company alleging that Dean Witter defrauded it into issuing performance and property insurance on several wind turbine farms.

· Representation of Nissan Motor Corporation in U.S.A. in a trial against one of its former executives for accepting kickbacks from an outside vendor through offshore companies in the Bahamas.

· Representation of Ou's Enterprises, Inc. and Young's Tea Corporation in jury trial in connection with claims for unfair competition, embezzlement of funds, breach of fiduciary duty, fraud, conversion, conspiracy to defraud and spoliation of evidence.

· Representation of Leonard Green & Partners during a trial in connection with a partnership dispute.

· Representation of a joint venturer during an arbitration in connection with dispute between the joint venturers over the funding for the completion of a casino.

· Representation of Intel Corporation in connection with monopolization claims brought under Section 2 of the Sherman Act by rival Advanced Micro Devices.

· Representation of Union Carbide Corporation in connection with antitrust issues in the polypropylene business.

· Representation of Micron Technology, Inc. in connection with antitrust claims of alleged price-fixing.

· Representation of Dean Witter in connection with two securities class action matters.

· Representation of Nissan Motor Corporation in U.S.A. in a dispute involving third-party administrator issues arising out of extended warranties.

· Representation of Aetna Inc. in connection with a nationwide class action brought by doctors and other providers against a number of managed care companies, alleging conspiracy, RICO violations, breach of contract, unjust enrichment, violation of state prompt-pay statutes, violation of the California Business and Professions Code Section 17200, violation of the Connecticut Unfair Trade Practices Act, and violation of the New Jersey Consumer Fraud Act.

· Representation of Aetna Inc. in connection with a nationwide class action brought by member subscribers, also filed against a number of managed care companies alleging RICO and unfair business practice violations.

· Representation of Times Mirror Company (Matthew Bender) in connection with class action brought on behalf of lawyer subscribers to legal publication, alleging violations of California Business and Professions Code 17200, fraud, constructive fraud and unlawful trade practices under 39 U.S.C. Section 3009.

· Representation of Princess Cruises in connection with a number of consumer class action lawsuits alleging that the company overcharged its passengers by including a profit in its port charges.

· Representation of Deloitte & Touche in connection with multiple class action matters.

· Representation of a major Los Angeles-based law firm in obtaining summary judgment in high profile legal malpractice case.

· Representation of partnership in connection with real estate fraud litigation.

Firm Activities

Ms. Kochenderfer is a member of the Firm's Compensation Committee. In addition, she has served on the Firm's Hiring Committee, including service as the Chair of the Firm's Summer Subcommittee of the Hiring Committee. She also has served as Chair of the Firm's Adopt-A-School Program.

Professional and Community Associations

Ms. Kochenderfer currently serves on the Board of the Pasadena Symphony Association. She previously served for several years on the Board of the AIDS Service Center. Other professional associations and community activities of Ms. Kochenderfer include the Association of Business Trial Lawyers and the Constitutional Rights Foundation (judge for several years for mock trial competition of high school and junior high school students). In addition, Ms. Kochenderfer served on a fundraising committee to raise money through the YMCA for underprivileged children.

Education

Ms. Kochenderfer graduated with a juris doctor degree from the University of Southern California Law Center, where she was a member and a Notes Editor of theSouthern California Law Review. Prior to attending the Law Center, Ms. Kochenderfer received her Master of Arts degree from the University of Southern California. She received her Bachelor of Arts degree from the University of California, Riverside, where she was elected to the membership of Phi Beta Kappa.