1 MILBERG WEISS BERSHAD & SCHULMAN LLP 2 Jeff S. Westerman (SBN 94559) Elizabeth P. Lin (SBN 174663) 3 Kristen McCulloch (SBN 177558) 355 S. Grand Avenue, Suite 4170 4 Los Angeles, CA 90071-3172 Telephone: (213) 617-1200 5 Facsimile: (213) 617-1975 --and-- 6 MILBERG WEISS BERSHAD & SCHULMAN LLP 7 Maya Saxena 5200 Town Center Circle 8 Tower One, Suite 600 Boca Raton, FL 33486 9 Telephone: (561) 361-5000 Facsimile: (561) 367-8400 10 COHEN, MILSTEIN, HAUSFELD 11 & TOLL, P.L.L.C. Daniel S. Sommers 12 Lisa M. Mezzetti 1100 New York Avenue, N.W. 13 Suite 500, West Tower Washington, D.C. 20005 14 Telephone: (202) 408-4600 Facsimile: (202) 408-4699 15 Proposed Lead Counsel 16 UNITED STATES DISTRICT COURT 17 FOR THE NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION 18 19 ) 20 In re ELECTRONIC ARTS, INC. ) Master File No. C-05-1219 MMC SECURITIES LITIGATION ) 21 ) CLASS ACTION This Document Relates To: All Actions ) 22 DECLARATION OF KRISTEN ) MCCULLOCH IN SUPPORT OF THE ) 23 ELECTRONIC ARTS INSTITUTIONAL ) INVESTORS GROUP’S MOTION FOR 24 ) CONSOLIDATION, APPOINTMENT AS ) LEAD PLAINTIFF AND APPROVAL OF 25 ) ITS SELECTION OF CO-LEAD COUNSEL ) 26 ) DATE: July 1, 2005 ) TIME: 9:00 a.m. 27 ) CTRM: 7 - Hon. Maxine M. Chesney 28 Declaration of Kristen McCulloch in Support of the Electronic Arts Institutional Investors Group’s Motion for Consolidation, Appointment As Lead Plaintiff, and Approval of Co-Lead Counsel Case No. C-05-1219 MMC 1 I, KRISTEN MCCULLOCH declare that: 2 1. I am a member of the law firm of Milberg Weiss Bershad & Schulman LLP. I 3 submit this Declaration in support of the Electronic Arts Institutional Investors Group’s Motion for 4 Consolidation, Appointment as Lead Plaintiff and Approval of Selection of Lead Counsel. 5 2. Attached hereto as Exhibit A is a true and correct copy of the PSLRA notice 6 published by counsel for plaintiff in the first-filed action, Baker v. Electronic Arts, Inc., et al., No. 7 C-05-1219 MMC, on March 28, 2005 on PR Newswire, a national, business-oriented newswire 8 service. 9 3. Attached hereto as Exhibit B is a true and accurate copy of the PSLRA certification 10 of the Stationary Engineers Local 39 Pension Trust Fund (the “Stationary Engineers Pension 11 Fund”), City Pension Fund for Firefighters and Police Officers in the City of Miami Beach (the 12 “Miami Beach Pension Fund”), Baden-Wuerttembergische Kapitalanlagegesellschaft mbH 13 (“BWK”) and Activest Investmentgesellschaft mbH (“Activest”) (collectively, the “Electronic Arts 14 Institutional Investors Group”). 15 4. Attached hereto as Exhibit C is a Joint Declaration of the Electronic Arts 16 Institutional Investors Group. 17 5. Attached hereto as Exhibit D is a loss chart analyzing the Electronic Arts 18 Institutional Investors Group’s financial interest in the litigation. 19 6. Attached hereto as Exhibit E is a true and accurate copy of the firm resume of 20 Milberg Weiss Bershad & Schulman LLP. 21 7. Attached hereto as Exhibit F is a true and accurate copy of the firm resume of Cohen, 22 Milstein, Hausfeld & Toll, P.L.L.C. 23 I declare under penalty of perjury, under the laws of the United States, that the foregoing is true and 24 correct. 25 Dated: May 27, 2005 /s/ KRISTEN MCCULLOCH 26 KRISTEN MCCULLOCH 27 28 Declaration of Kristen McCulloch in Support of the Electronic Arts Institutional Investors Group’s Motion for Consolidation, Appointment As Lead Plaintiff, and Approval of Co-Lead Counsel Case No. C-05-1219 MMC 2 1 DECLARATION OF SERVICE BY MAIL 2 3 I, the undersigned, declare: 4 1. That declarant is and was, at all times herein mentioned, a resident of the County of 5 Los Angeles, over the age of 18 years, and not a party to or interest in the within action; that 6 declarant’s business address is 355 South Grand Avenue, Suite 4170, Los Angeles, 7 California 90071. 8 2. That on May 27, 2005, declarant served the DECLARATION OF KRISTEN 9 MCCULLOCH IN SUPPORT OF THE ELECTRONIC ARTS INSTITUTIONAL INVESTORS 10 GROUP’S MOTION FOR CONSOLIDATION, APPOINTMENT AS LEAD PLAINTIFF AND 11 APPROVAL OF ITS SELECTION OF CO-LEAD COUNSEL by depositing a true copy thereof in 12 a United States mailbox at Los Angeles, California in a sealed envelope with postage thereon fully 13 prepaid and addressed to the parties listed on the attached Service List. 14 3. That there is a regular communication by mail between the place of mailing and the 15 places so addressed. 16 4. That on the above date, declarant served via email to: SERVICE LIST ELECTRONIC ARTS May 27, 2005 Jeff S. Westerman Attorneys for Plaintiff Daniel Taubenfeld; Elizabeth P. Lin Proposed Lead Plaintiff Electronic Arts Kristen McCulloch Institutional Investors Group MILBERG WEISS BERSHAD & SCHULMAN LLP 355 S. Grand Avenue, Suite 4170 Los Angeles, CA 90071-3172 Telephone: (213) 617-1200 Facsimile: (213) 617-1975 Maya Saxena MILBERG WEISS BERSHAD & SCHULMAN LLP 5200 Town Center Circle Tower One, Suite 600 Boca Raton, FL 33486 Telephone: (561) 361-5000 Facsimile: (561) 367-8400 Daniel S. Sommers Attorneys for Proposed Lead Plaintiff Lisa M. Mezzetti Electronic Arts Institutional Investors Group COHEN, MILSTEIN, HAUSFELD & TOLL, P.L.L.C. 1100 New York Avenue, N.W. Suite 500, West Tower Washington, D.C. 20005 Telephone: (202) 408-4600 Facsimile: (202) 408-4699 Robert S. Green Attorneys for Plaintiffs Barry Baker; Elton GREEN WELLING LLP Simpson th 235 Pine Street, 15 Floor San Francisco, CA 94104 Telephone: (415) 477-6700 Facsimile:(415) 477-6710 Marc A. Topaz Richard A. Maniskas SCHIFFRIN & BARROWAY, LLP 280 King of Prussia Road Radnor, PA 19087 Telephone: (610) 667-7706 Facsimile: (610) 667-7056 Case No. C-05-1219 MMC DOCS\273926v1 Marc L. Ackerman Evan J. Smith BRODSKY & SMITH LLC Two Bala Plaza, Suite 602 Bala Cynwyd, PA 19004 Telephone: (610) 667-6200 Facsimile: (610) 667-9029 Robert C. Schubert Attorney for Plaintiff Steve Wilson Juden Justice Reed Aaron H. Darsky SCHUBERT & REED LLP Two Embarcadero Center Suite 1660 San Francisco, CA 94111 Telephone: (415) 788-4220 Facsimile: (415) 788-0161 Martin D. Chitwood Leslie Glover Toran CHITWOOD HARLEY HARNES LLP 2300 Promenade II 1230 Peachtree Street, NE Atlanta, GA 30309 Telephone: (404) 873-3900 Facsimile: (404) 876-4476 Patrick J. Coughlin Attorneys for Plaintiff Daniel Swantko LERACH COUGHLIN STOIA GELLER RUDMAN & ROBBINS LLP 100 Pine Street Suite 2600 San Francisco, CA 94111 Telephone: (415) 288-4545 Facsimile: (415) 288-4534 William S. Lerach Darren J. Robbins LERACH COUGHLIN STOIA GELLER RUDMAN & ROBBINS LLP 401 B Street, Suite 1600 San Diego, CA 92101 Telephone: (619) 231-1058 Facsimile: (619) 231-7423 Case No. C-05-1219 MMC DOCS\273926v1 Lionel Z. Glancy Attorneys for Plaintiff Anthony M. Raspa Peter A. Binkow GLANCY BINKOW & GOLDBERG LLP 1801 Avenue of the Stars, Suite 311 Los Angeles, CA 90067 Telephone: (310) 201-9150 Facsimile: (310) 201-9160 Robert J. Harwood Jeffrey M. Norton WECHSLER HARWOOD LLP th 488 Madison Avenue, 8 Floor New York, NY 10022 Telephone: (212) 935-7400 Facsimile: (212) 753-3630 Charles J. Piven, Esq. 401 E. Pratt Street, Suite 2525 Baltimore, MD 21202 Telephone: (410) 332-0030 Jan. L. Little Attorneys for Defendants Electronic Arts Inc., Michael D. Celio Lawrence F. Probst, III, Warren C. Jenson, KEKER & VAN NEST LLP Joel Linzner, Gerhard Florin, Don A. 710 Sansome Street Mattrick, Nancy L. Smith, J. Russell Rueff, San Francisco, CA 94111-1704 Jr., Bruce McMillan Telephone: (415) 391-5400 Facsimile: (415) 397-7188 Case No. C-05-1219 MMC DOCS\273926v1 1 of 2 PRN Shareholder Class Action Filed Against Electronic Arts Inc . By Mar 28 2005 18 :2 3 The Law Firm of Schiffrin & Barroway, LLP RADNOR, Pa ., March 28 / PRNewswire / -- The following statement was issued today by the law firm of Schiffrin & Barroway, LLP : Notice is hereby given that a class action lawsuit was filed in the United States District Court for the Northern District of California on behalf of all securities purchasers of Electronic Arts Inc . (Nasdaq : ERTS) ("EA" or the "Company") between January 25, 2005 and March 21, 2005, inclusive (the "Class Period") . If you wish to discuss this action or have any questions concerning this notice or your rights or interests with respect to these matters, please contact Schiffrin & Barroway, LLP (Marc A . Topaz, Esq . or Darren J . Check, Esq .) toll-free at 1-888-299-7706 or 1-610-667-7706, or via e-mail at 2 of 2 PRN Shareholder Class Action Filed Against Electronic Arts Inc . By Mar 28 2005 18 :23 other class members in directing the litigation . In order to be appointed lead plaintiff, the Court must determine that the class member's claim is typical of the claims of other class members, and that the class member will adequately represent the class . Under certain circumstances, one or more class members may together serve as "lead plaintiff ." Your ability to share in any recovery is not, however, affected by the decision whether or not to serve as a lead plaintiff . You may retain Schiffrin & Barroway, or other counsel of your choice, to serve as your counsel in this action . CONTACT : Schiffrin & Barroway, LLP Marc A . Topaz, Esq . Darren J . Check, Esq . 280 King of Prussia Road Radnor, PA 1908 7 1-888-299-7706 (toll-free) or 1-610-667-7706 Or by e-mail at CERTIFICATION OF PLAINTIFF PURSUANT TO FEDERAL SECURITIES LAW S I, Jerry Kalmar, for Stationary Engineers Local 39 Pension Trust Fund ("the Fund" or "Plaintiff") declare, as to the claims asserted under the federal securi ties laws, that : 1 . I am the Business Manager of, and am authorized to represent, the Fund . I have reviewed a class action complaint asserting securi ties law claims against Electronic Arts, Inc . The Fund wishes to join the consolidated litigations as a plaintiff, retaining Cohen, Milstein, Hausfeld & Toll, P .L .L .C. as the Fund' s counsel . 2. Plaintiff did not purchase the security that is the subject of this action at the direction of Plaintiff's Counsel or in order to participate in this private securities action . 3 . The Fund is willing to serve as a representative party on behalf of the Class, including providing testimony at deposition and trial, if necessary . 4 . The Fund's transactions in Electronic Arts, Inc . during the Class Period of December 6, 2004 through March 21, 20Q5, were as follows : DATE TRANSACTION (buy/sell) NO . OF SHARES PRICE PER SHARE 2/1/05 SOLD 800 $62.62 2/9/05 BUY 28,300 $67.9042 2/15/05 BUY 2,400 $62.30 3/17/05 BUY 5,900 $68.0623 5. During the three years prior to the date of this Certificate, Plaintiff has not sought to serve or served as a representative party for a class in any action under the federal securities laws . 6. Plaintiff will not accept any payment for serving as a representative party on behalf of the Class beyond Plaintiffs pro rata share of any recovery, except such reasonable costs and expenses (including lost wages) directly relating to the representation of the Class as may be ordered or approved by the Court . I declare under penalty of perjury that the foregoing true and correct . Executed this lcday of May, 2005 . CJerry lmar, Bu ' ess Manager of Stationa ry Engineers Local 3 Pension Trust Fund CERTIFICATION OF PROPOSED LEAD PLAINTIFF PURSUANT 91DERAL SECURITIES LAWS The undersigned, Wilhelm Westermayer and Berthold Rob], on behalf of the Activest Investmentgesellschaft mbH ("Aetivest"), for account of the two following finds : SU'DINVEST 165 and Vebrifonds declare the following as to the claims asserted, or to be asserted, under the federal securities laws : 1 . We have reviewed the complaint prepared by Milberg Weiss Bershad & Schulman LLP, whom we designate as counsel for Activest in this action for all purposes . 2. As Managing Director and Legal Counsel of Activest, we have been duly authorized by Activest to commence litigation against Electronic Arts, Inc . and the other defendants . 3 . Activest did not acquire Electronic Arts, Inc .. securities at the direction of plaintiff's counsel or in order to participate in any private action under the federal securities laws . 4 . Activest is willing to serve as a lead plaintiff either individually or as part of a group . A lead plaintiff is a representative party who acts on behalf of other class members in directing the action, and whose duties may include testifying at deposition and trial . 5 . Activest will not accept any payment for serving as a representative party beyond its pro rata share of any recovery, except reasonable costs and expenses, such as lost wages and travel expenses, directly related to the class representation, as ordered or approved by the court pursuant to law . 6. Within the past three years, Activest has sought to serve as a representative party for a class in an action under the federal securities laws in the following two cases : Spigle v . Federal Home Loan Mortgage Corp., No. 03-CV-4261 (S .D.N.Y. 2003) In re Alstom SA Sec . Litig., No. 03-CV-6595 (S .D.N.Y. 2003) . 7. Activest understands that this is not a claim form, and that its ability to share in any recovery as a member of the class is unaffected by its decision to serve as a representative party . 8 . Since the beginning of the Class Period, Activest has made Transactions in Electronic Arts, Inc . listed in Schedule A attached hereto and will provide records of those transactions upon request . We declare under penalty of perjury that the foregoing is true and correc t Executed this 25 day of May, 200 5 ~~A -L - Wilhelm Westermayer Berthold Kohl Managing Director Legal Counsel