El Paso Derivative Litigation

Mr. Weiser was lead counsel in the El Paso Derivative Litigation. This action centered on the Company’s alleged anti-competitive conduct in California during that the state’s energy crisis of 2001-02. In addition to making sweeping changes to the Board’s structure and the Company’s corporate governance practices, Mr. Weiser was able to secure a $16.75 million recovery for the Company. Mr. Weiser believes that the El Paso Derivative Litigation is either the first or second largest derivative settlement in Texas history.
Gebhardt v. Allumbaugh, et al., Case No. 2002-13602 (Harris County, Texas)(the “El Paso Derivative Litigation”)