DOJ is seeking to create a list of approved firms to provide legal advice and assistance in the following four practice areas: (1) Portfolio Monitoring –firms in this category will: A. Monitor and evaluate the Fund’s invested assets, through access to the electronic transaction and holding data of the Fund’s custodian, to identify any losses that may have occurred as a result of a violation of Federal and/or State securities laws or a breach of any duty owed to the Fund; B. Make a preliminary calculation of the Fund’s investment losses on a LIFO and FIFO basis, noting the methodology and transaction data used and the appropriate measure of losses in the action; C. Identify and make recommendations regarding cases in which the Fund should consider seeking lead plaintiff status or where the Fund should consider opting out; and D. Provide a brief but comprehensive description of the allegations of each case or recommended potential case in which the Fund might seek lead plaintiff status or opt out. (2) Domestic Securities Class Action Litigation – Firms in this category will serve as primary litigation counsel relating to lead plaintiff or opt-out matters. These firms may act as either lead counsel or local counsel as appropriate and may propose lead plaintiff or opt out litigation opportunities for consideration by DOJ and Treasury. (3) Corporate Governance Litigation – Firms in this category will provide legal representation in litigation related to corporate governance matters, including but not limited to derivative actions and other litigation matters brought to hold directors and officers accountable for corporate misconduct when a company fails to do so itself, and when non-litigation efforts are no longer productive. These firms will have the opportunity to propose corporate governance litigation for consideration by DOJ and Treasury (4) International Securities Litigation – Firms in this category will identify non-U.S. litigation opportunities where the Fund has an opportunity to recover a reasonable amount of lost funds and serve as U.S. based liaison counsel with the foreign funding entity.
