UNITED STATES DISTRICT COURT EASTERN DISTRICT … of... · united states district court eastern...
Transcript of UNITED STATES DISTRICT COURT EASTERN DISTRICT … of... · united states district court eastern...
UNITED STATES DISTRICT COURT EASTERN DISTRICT OF NEW YORK
PRECISION ASSOCIATES, INC.; ANYTHING GOES LLC d/b/a MAIL BOXES ETC., and JCK INDUSTRIES, INC., on behalf of themselves and all others similarly situated,
Plaintiffs, v. PANALPINA WORLD TRANSPORT (HOLDING) LTD., et al.,
Defendant.
No. 08-CV-00042 (JG) (VVP) DECLARATION OF KATHERINE KINSELLA
I, Katherine Kinsella, being duly sworn, hereby declare as follows:
1. I am the founder of Kinsella Media, LLC (“KM”), an advertising and 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 and mass tort litigation. My business address is 2001 Pennsylvania
Avenue NW, Suite 300, Washington, D.C. 20006. My telephone number is (202)
686-4111.
2. I submit this declaration at the request of Class Counsel in connection with
Precision Associates, Inc. v. Panalpina World Transport pending in the Eastern
District of New York. This Notice Program is related to the 11 Settlements with
19 corporate families, involving Agility Holdings, Inc., Agility Logistics Corp.,
Geologistics Corp., and Geologistics International Management (Bermuda) Ltd.;
Dascher GmbH & Co., KG, d/b/a Dascher Intelligent Logistics and Dascher
Case 1:08-cv-00042-JG-VVP Document 1309 Filed 10/05/15 Page 1 of 27 PageID #: 23493
DECLARATION OF KATHERINE KINSELLA 2
Transport of America, Inc.; Deutsche Post AG; Danzas Corporation (doing
business as DHL Global Forwarding), DHL Express (USA) Inc., DHL Forwarding
Japan K.K., DHL Japan Inc., Exel Global Logistics, Inc., Air Express International
USA, Inc.; DSV A/S, DSV Solutions Holding A/S, and DSV Air & Sea Ltd.
formerly known as DFDS Transport (HK) Ltd.; Geodis S.A. and Geodis Wilson
USA, Inc.; the “Japanese Defendants”1; Jet Speed Logistics, Ltd. also known as
Jet Speed Air Cargo Forwarders (HK), Ltd., Jet Speed Logistics (USA), LLC, and
Jet-Speed Air Cargo Forwarders, Inc. (USA); Panalpina World Transport
(Holding) Ltd. and Panalpina, Inc.; SDV Logistique Internationale; Toll Global
Forwarding (USA), Inc., Baltrans Logistics, Inc., and Toll Holdings, Ltd.; and
United Parcel Service, Inc. and UPS Supply Chain Solutions, Inc. (collectively,
“Settling Defendants”).
3. I previously submitted a declaration, executed May 21, 2015, outlining my firm’s
credentials and describing the Notice Program designed by KM. The Court
subsequently approved the Notice Program on May 29, 2015. This declaration
outlines the implementation of that Notice Program and the measures taken to
1 Hankyu Hanshin Express Holding Corporation formerly known as Hankyu Express International Co., Ltd and its subsidiary, Hankyu Hanshin Express Co., Ltd, and its U.S. subsidiary, Hanshin Air Cargo USA, Inc.; Japan Aircargo Forwarders Association; Kintetsu World Express, Inc. and its U.S. subsidiary, Kintetsu World Express (U.S.A.), Inc.; “K” Line Logistics, Ltd., and its U.S. subsidiary “K” Line Logistics (U.S.A.), Inc.; MOL Logistics (Japan) Co., Ltd., and its U.S. subsidiary, MOL Logistics (USA) Inc.; Nippon Express Co., Ltd. and its U.S. subsidiary, Nippon Express USA, Inc.; Nissin Corporation and its U.S. subsidiary, Nissin International Transport U.S.A., Inc.; Yamato Global Logistics Japan Co., Ltd., and its U.S. affiliate, Yamato Transport U.S.A. Inc.; and Yusen Air & Sea Service Co., Ltd. and its U.S. subsidiary, Yusen Air & Sea Service (U.S.A.) Inc.
Case 1:08-cv-00042-JG-VVP Document 1309 Filed 10/05/15 Page 2 of 27 PageID #: 23494
DECLARATION OF KATHERINE KINSELLA 3
provide the best notice of the Proposed Settlements that was practicable under the
circumstances.
4. This declaration is based upon my personal knowledge and upon information
provided by Class Counsel, my associates, and staff. The information is of a type
reasonably relied upon in the fields of advertising, media, and communications.
Notice Program
5. The objective of the Notice Program was to provide adequate notice of the
Settlements in the instant case to Class Members who are defined as follows:
All persons (excluding governmental entities, Defendants, their respective parents, subsidiaries and affiliates) who directly purchased U.S. Freight Forwarding Services (a) for shipments within, to, or from the United States, or (b) purchased or sold in the United States regardless of the location of shipment; from any of the Defendants or any subsidiary or affiliate thereof, at any time during the period from January 1, 2001 to January 4, 2011.
6. A four-part notification program was designed and implemented:
a. A Direct Notice packet including personalized cover letters, a summary
notice, and a claim form, made pursuant to customer lists provided by all of
the Defendants;
b. Paid Media Program in the United States (“US”) and in foreign countries
where the vast majority of Class Members are located;
c. Earned Media outreach through a global press release; and
Case 1:08-cv-00042-JG-VVP Document 1309 Filed 10/05/15 Page 3 of 27 PageID #: 23495
DECLARATION OF KATHERINE KINSELLA 4
d. A Settlement Website, with notices available in English, Chinese (both
Simplified2 and Traditional3), German, Hindi, and Japanese.
7. The four-part notification program that was implemented is the best notice
practicable under the circumstances and exceeds the minimum requirements to
comply with Fed. R. Civ. Proc. 23.
8. The declaration of Julie Redell (“Redell Decl.”), Senior Project Manager at Epiq
Class Action & Claims Solutions (“Epiq”), describes the Direct Notice and
Settlement Website elements of the Notice Program in further detail.
Direct Notice Summary
9. Direct Notice consisted of sending a packet in the form of a customized Cover
Letter and a one-page summary (“Summary Notice”) with the claim form, to
potential Class Members to inform them of their rights and how they may
participate in the class action. The Summary Notice was available in English,
Chinese (Simplified and Traditional), German, Hindi, and Japanese to ensure that
it has the best possible chance of being read by Class Members. It also had in bold
print the Settlement Website address where Class Members will be able to
download the Detailed Notice that describes the Settlements. The Detailed Notice
was also available in the languages listed above.
10. Epiq, the Claims Administrator, implemented the Direct Notice program. Mailing
commenced on July 7, 2015 and ended on July 10, 2015.
2 Simplified Chinese is the primary written language in China. 3 Traditional Chinese is the written language in Hong Kong and Taiwan.
Case 1:08-cv-00042-JG-VVP Document 1309 Filed 10/05/15 Page 4 of 27 PageID #: 23496
DECLARATION OF KATHERINE KINSELLA 5
11. The Notice Packet was mailed to approximately 1.67 million contacts provided, by
the Defendants. These contacts included the names and addresses of potential
Class Members from reasonably available records. Class Counsel represents that
these names and addresses are a comprehensive list of Class Members.
12. The information provided by Epiq about their intended returned-mail processes
and re-mailing, along with reciprocity agreements about mail forwarding and
returning between the US and other countries, provides a sufficient basis to
conclude that all reasonable attempts to successfully deliver the Notice Packets
were made.
13. Given the length of the Class Period, and therefore the age of some of the
addresses, based on KM’s experience in prior cases with return mail rates, the
Direct Notice was conservatively estimated to reach 75% of the Class. Paid Media
Notice was supplemented the Direct Notice.
14. Specific information regarding the Direct Notice portion of the Notice Program is
provided in the declaration of Julie Redell of Epiq.
Paid Media Methodology
15. The goal of the Paid Media Program was to provide notice of the Proposed
Settlements to Class Members who did not receive the Notice Packet. Choosing a
target audience encompassing the characteristics of Class Members was the first
step in designing the Paid Media Program. Media vehicles were chosen based on
their ability to provide effective and efficient penetration of the target audience.
Case 1:08-cv-00042-JG-VVP Document 1309 Filed 10/05/15 Page 5 of 27 PageID #: 23497
DECLARATION OF KATHERINE KINSELLA 6
16. As discussed in my previous declaration, KM found that the majority of Class
Members were located in the United States (“US”), China, Hong Kong, India,
Germany, Japan, Taiwan, and the United Kingdom (“UK”). KM placed the
countries in which the majority of Class Members are located into two tiers for
purposes of media focus, as follows:
a. Tier 1: The US
b. Tier 2: China, Germany, Hong Kong, India, Japan, Taiwan, and the UK.
17. Tiers 1 and 2 are the principal focus of the Notice Program. Additional global
media and earned media outreach were directed to putative Class Members in
other countries.
Tier 1 Methodology
18. Based on information provided by Class Counsel, KM understood that the Class
consists of primarily businesses and some individuals.
19. KM chose as its two target audiences:
a. Individuals who are business decision makers, who have been involved in
ordering or approving freight forwarding services in the past 12 months
(“Business”); and
b. Adults 25 to 64 years of age (“Consumer”).
20. The Paid Media Program targeted both of these audiences, and all media
purchased were measured against them. The measured delivery of media to the
target audience can be expected to be representative of delivery to Class Members.
However, the primary focus of the Notice Program was reaching the Business
Case 1:08-cv-00042-JG-VVP Document 1309 Filed 10/05/15 Page 6 of 27 PageID #: 23498
DECLARATION OF KATHERINE KINSELLA 7
target. Based on information provided by Class Counsel, businesses represent a
very large majority of the Class.
Tier 2 Methodology
21. As indicated above Class Members lists indicate that a significant majority of
Class Members is in the US, China, Germany, Hong Kong, India, Japan, Taiwan,
and the UK. Appropriate Business and Consumer targets consistent with the
demographic characteristics of the US-based targets have been identified in each
of the other seven countries using their local in-country media surveys. Paid
Media was selected based on the readership and reach of local vehicles as
measured in these surveys.
Paid Media Program
22. The Paid Media Program included advertising in consumer magazines and
newspapers that are distributed in the US and globally; newspapers in China,
Germany, Hong Kong, India, Japan, Taiwan, and the UK; trade publications; and
Internet ads that reached the target audiences as outlined above.
23. An Implementation Report for the Notice Program is attached as Exhibit 1 and
confirms that the paid media aspects of the Notice Program were implemented.4
4 Copies of the notices as they appeared in each publication are available to the Court upon request.
Case 1:08-cv-00042-JG-VVP Document 1309 Filed 10/05/15 Page 7 of 27 PageID #: 23499
DECLARATION OF KATHERINE KINSELLA 8
US Publications and Online Advertising
24. The Publication Notice appeared in the following consumer magazine: US edition
of Time with an estimated circulation of 3,000,000.
25. Banner ads appeared on the following online networks for four weeks:
Advertising.com and Xaxis network. Each network partners with thousands of
websites to distribute online ads across their network. The banner ads ran across
the partner websites until the number of total planned gross impressions
(66,336,000) were delivered.5
26. Attached as Exhibit 2 are true and correct copies of the banner ads and examples
of how they appeared on several websites.
Global/International Publications and Online Advertising
27. Global publications provided notice to Class Members in the US, as well as
countries in Tier 2 and additional regions covered by the selected media.
28. The Publication Notice appeared in the global editions of the following
newspapers:
a. Financial Times with an estimated circulation of 255,705. The global
edition of Financial Times reached readers in the UK, Central and Eastern
Europe, Middle East, Africa, Asia Pacific, US, and Canada.
5 Gross Impressions are the duplicated sum of audiences of all media vehicles containing the notice. An actual total 66,912,309 gross impressions were delivered.
Case 1:08-cv-00042-JG-VVP Document 1309 Filed 10/05/15 Page 8 of 27 PageID #: 23500
DECLARATION OF KATHERINE KINSELLA 9
b. Wall Street Journal with an estimated circulation of 1,710,471. The global
edition of the Wall Street Journal reached readers in the US, Asia, and
Europe.
29. The Publication Notice appeared in the global editions of the following business
magazines:
a. Bloomberg Businessweek with an estimated circulation of 980,000. The
global edition of Bloomberg Businessweek reached readers in the Americas,
Europe, Middle East, Africa, and the Asia Pacific region.
b. Fortune with an estimated circulation of 1,042,661. The global edition of
Fortune reached readers in the US, Europe, Middle East, Africa, and the
Asia Pacific region.
c. The Economist with an estimated circulation of 1,549,161. The global
edition of The Economist reached readers in North America, UK, Middle
East, Africa, Latin America, Continential Europe, and the Asia Pacific
region.
30. The Publication Notice appeared in the international editions of the following
business magazines:
a. Der Spiegel with an estimated circulation of 800,876. Der Spiegel reached
readers in Germany.
b. India Today with an estimated circulation of 565,000. India Today reached
readers in India.
Case 1:08-cv-00042-JG-VVP Document 1309 Filed 10/05/15 Page 9 of 27 PageID #: 23501
DECLARATION OF KATHERINE KINSELLA 10
c. Nikkei Business with an estimated circulation of 224,952. Nikkei Business
reached readers in Japan.
d. Fortune with an estimated circulation of 204,110. Fortune reached readers
in China.6
31. Internet banner advertising appeared across the Google Display Network’s global
sites. Internet banner advertising ran in the following languages: English, Chinese
(Simplified and Traditional), German, Hindi, German, and Japanese.
32. KM sponsored keywords and phrases with major search engines, including:
Google, AOL, Ask.com, Bing/MSN, Yahoo!, and their search partners. KM ran
keywords in the following languages: English, Chinese (Simplified and
Traditional), German, Hindi, and Japanese.
In-Country Newspapers
33. The Publication Notice appeared in 22 in-country newspapers in Tier 2 countries
(China, Germany, Hong Kong, India, Japan, Taiwan, and the UK). A full list of
newspapers, and the countries in which they are distributed, are in the
Implementation Report, attached as Exhibit 1.7
6 While KM made every effort to have the ads placed in the publications as planned in the original Notice Program, one publisher rejected the Notice and a substitution became necessary. KM replaced Bloomberg Businessweek China and Bloomberg Businessweek Hong Kong with Fortune. The substitution did not affect the overall effectiveness of the Notice Plan previously approved by the Court (business magazines were not calculated into the overall reach of the program). 7 One in-country newspaper in China rejected the Notice. KM replaced Shanghai Morning Post with Xin Min Evening News. The substitution did not affect the overall effectiveness and reach of the Notice Plan previously approved by the Court.
Case 1:08-cv-00042-JG-VVP Document 1309 Filed 10/05/15 Page 10 of 27 PageID #: 23502
DECLARATION OF KATHERINE KINSELLA 11
Trade Publications and Online Advertising
34. Trade publications (print and online) focused on the shipping business, or business
people that make decisions regarding shipping, will provide notice primarily to the
Business target audience in Tiers 1 and 2.
35. The Publication Notice appeared in the following leading trade publications (print
editions):
a. Air Cargo World, which is distributed in the US, with an estimated
circulation of 23,000.
b. American Shipper, which is distributed in the US, with an estimated
circulation of 13,583.
c. Inbound Logistics, which is distributed in the US, with an estimated
circulation of 60,000.
d. Logistics Management, which is distributed in the US, with an estimated
circulation of 70,076.
e. China Logistics and Purchasing, which is distributed in China, with an
estimated circulation of 60,000.
f. Daily Cargo (Transport and Logistics News), which is distributed in Japan,
with an estimated circulation of 30,000.
g. Asia Cargo News, which is distributed throughout Asia, with an estimated
circulation of 10,214.
h. Logistik Heute, which is distributed in Germany, with an estimated
circulation of 35,893.
Case 1:08-cv-00042-JG-VVP Document 1309 Filed 10/05/15 Page 11 of 27 PageID #: 23503
DECLARATION OF KATHERINE KINSELLA 12
i. The Stat Trade Times, which is distributed in India, with an estimated
circulation of 21,636.
j. Logistics Manager, which is distributed in the UK, with an estimated
circulation of 11,752.
36. Internet banner and text ads appeared on the following trade websites for four
weeks:
a. Air Cargo News
b. Logistics Management
c. Parcel.com
d. Quick Caller Air Cargo Directories
e. Journal of Commerce
f. Transportation Journal
Notice Design
37. The Notices effectively communicated information about the Settlements and
were all translated into Chinese (Simplified and Traditional), German, Hindi, and
Japanese to ensure that they will have the best possible chance of being read by
Class Members who view them. All print advertising carried a toll-free number
and the Settlement website address for potential Class Members to request or
access the Detailed Notice.
38. Fed. R. Civ. Proc. 23(c)(2) requires class action notices to be written in “plain,
easily understood language.” KM applies the plain language requirement in
drafting notices in federal and state class actions. The firm maintains a strong
Case 1:08-cv-00042-JG-VVP Document 1309 Filed 10/05/15 Page 12 of 27 PageID #: 23504
DECLARATION OF KATHERINE KINSELLA 13
commitment to adhering to the plain language requirement, while drawing on its
experience and expertise to draft notices that effectively convey the necessary
information to Class Members. All notice materials in this case were in plain,
easily understood language.
39. The Publication Notice was designed to capture the Class Member’s attention with
clear, concise, plain language. It directed readers to the Settlement website for
more information. The plain language text provided important information
regarding the subject of the litigation, the Class definition, and the legal rights
available to Class Members. No important or required information was missing or
omitted. In fact, the Publication Notice stated all required information, without
omitting significant facts that Class Members need to understand their rights. The
Publication Notice referred readers to the Detailed Notice which is available to
those who call or visit the website.
40. The Detailed Notice was available at the website or by calling the toll-free
number. The Detailed Notice provided substantial information, including all
specific instructions Class Members need to properly exercise their rights, and
background on the issues in the case. It was designed to encourage readership and
understanding, in a well-organized and reader-friendly format.
Earned Media Program
41. An Earned Media Program was also be implemented to amplify the Paid Media
Program and provide additional notice to Class Members. The Earned Media
Program focused on a press release that highlighted the toll-free telephone number
Case 1:08-cv-00042-JG-VVP Document 1309 Filed 10/05/15 Page 13 of 27 PageID #: 23505
DECLARATION OF KATHERINE KINSELLA 14
and Settlement website address so that Class Members can obtain complete
information. The Earned Media Program included:
a. A press release distributed on July 20, 2015, on PR Newswire’s Premier
Global Service, reaching approximately 35,461 global points. The press
release was disseminated in countries beyond Tiers 1 and 2 because it is an
effective method of potentially notifying Class Members in additional
countries in which Paid Media is not an efficient or practicable vehicle.
b. The press release was distributed on the following PR Newswire newslines:
i. US1 National Wire
ii. Canada Bilingual General Media
iii. Full Latin America
iv. Pan Europe
v. Pan Asia
vi. Middle East
vii. Israel
viii. Essential Africa
b. For distribution on the Premier Global wire, PR Newswire translated the
press release into the following languages:
i. Arabic
ii. Chinese (Simplified and Traditional)
iii. Czech
iv. English
Case 1:08-cv-00042-JG-VVP Document 1309 Filed 10/05/15 Page 14 of 27 PageID #: 23506
DECLARATION OF KATHERINE KINSELLA 15
v. French
vi. German
vii. Hebrew
viii. Hindi
ix. Indonesian
x. Japanese
xi. Korean
xii. Malay
xiii. Polish
xiv. Portuguese
xv. Russian
xvi. Slovakian
xvii. Spanish
xviii. Thai
xix. Urdu
Settlement Website Summary
42. A website was established to enable potential Class Members to obtain
information on the Settlements. The website was updated to include additional
information about this round of settlements. Class Members were able to
download notice materials in English, Chinese (Simplified and Traditional),
German, Hindi, and Japanese.
Case 1:08-cv-00042-JG-VVP Document 1309 Filed 10/05/15 Page 15 of 27 PageID #: 23507
DECLARATION OF KATHERINE KINSELLA 16
43. As of October 1, 2015, there have been a total of 6,048,870 unique visits to the
website.
Estimated Reach of Notice Program
44. For the purpose of evaluating the strength and efficiency of the media, the Paid
Media Program was measured against the demographic target to establish the
estimated reach8 of the media program and the estimated frequency9 of exposure to
the media vehicles. The Notice Program (Paid Media Program in combination
with an estimated 75% Direct Notice) is expected to provide the following reaches
and frequencies among Class Members:
COUNTRY TARGET REACH FREQUENCY
US Business Consumer
82.7% 81.7%
1.5 1.4
China (in each of 8 provinces with most exports)
Business Consumer 80-81% 1.2-1.3
Germany Business Consumer
80.4% 80.6%
1.2 1.2
Hong Kong Business Consumer 80.3% 1.2
India Business Consumer
82.1% 80.2%
1.3 1.2
Conclusion
45. The Notice Program as directed by Class Counsel is carefully crafted with
multiple layers of notice including: significant Direct Notice; notice in freight
forward trade publications; concentrated in-country paid media notice including
8 Reach is the estimated percentage of a target audience reached through a specific media vehicle or combination of media vehicles. 9 Frequency is the estimated average number of times an audience is exposed to an advertising vehicle carrying the message.
Case 1:08-cv-00042-JG-VVP Document 1309 Filed 10/05/15 Page 16 of 27 PageID #: 23508
DECLARATION OF KATHERINE KINSELLA 17
business and consumer publications; and expanded global publication notice and
outreach through earned media.
46. It is my opinion that the reach of the target audience and the number of exposure
opportunities to the notice information are adequate and reasonable under the
circumstances. The overall Notice Program adheres to the standards employed by
KM for such programs to effectively reach members of settlement groups or
classes.
I declare under penalty of perjury that the foregoing is true and correct. Executed on
October 5, 2015 in Washington D.C.
__________________________________
Katherine Kinsella
Case 1:08-cv-00042-JG-VVP Document 1309 Filed 10/05/15 Page 17 of 27 PageID #: 23509
EXHIBIT 1
Case 1:08-cv-00042-JG-VVP Document 1309 Filed 10/05/15 Page 18 of 27 PageID #: 23510
Magazine(s) - U.S. Country Issue Date Date Ad Runs Unit Type/Size Page # Time United States August 3, 2015 July 24, 2015 7" x 10" 53
Newspaper(s) - Global Country Issue Date Date Ad RunsFinancial Times Global July 29, 2015 July 29, 2015 6.69" x 11.02" 13Wall Street Journal Global
US July 29, 2015 July 29, 2015 5.94" x 10.5" C11Europe July 29, 2015 July 29, 2015 5.35" x 10.5" 20
Asia July 29, 2015 July 29, 2015 5.35" x 10.5" 22
Business Magazine(s) - Global Country Issue Date Date Ad Runs Unit Type/SizeBloomberg Businessweek Global July 27, 2015 July 24, 2015 7.125" x 9.75" 66Fortune Global August 1, 2015 July 27, 2015 7" x 10" 171The Economist Global July 25, 2015 July 24, 2015 7.0625" x 9.4375" 54
Online Media CountryAdvertising.com United States July 20, 2015 August 27, 2015 728x90; 300x250; 160x600 ConfirmedXaxis United States July 20, 2015 August 20, 2015 728x90; 300x250; 160x600 Confirmed
Newspaper(s) - International Country Issue Date ON SALE Unit Type/Size Page #Ban Dao Du Shi Bao China 12-Aug 12-Aug 16.5 cm x 23.6 cm B11Beijing Evening News China 11-Aug 11-Aug 17 cm x 24 cm 4Beijing Evening News China 12-Aug 12-Aug 17 cm x 24 cm 12Bo Hai Morning Post China 17-Aug 17-Aug 16.5 cm x 23.6 cm 13Chinese Business Morning News China 12-Aug 12-Aug 25 cm x 29 cm B02Jin Wan Bao China 14-Aug 14-Aug 25 cm x 17.5 cm 8Liaoshen Evening News China 17-Aug 17-Aug 18.5 cm x 24 cm 5Modern Express China 12-Aug 12-Aug 17 cm x 24.2 cm 3Qingdao Morning News China 12-Aug 12-Aug 17 cm x 23 cm 30Strait News China 12-Aug 12-Aug 16 cm x 24.3 cm A43Xin Min Evening News China 12-Aug 12-Aug 15.5 cm x 24.5 cm A2Xin Min Evening News China 19-Aug 19-Aug 15.5 cm x 24.5 cm 12Yangcheung Evening News China 11-Aug 11-Aug 12 cmx 36 cm B2Yangcheung Evening News China 12-Aug 12-Aug 12 cmx 36 cm B2Yangtse Evening Post China 12-Aug 12-Aug 17 cm x 24.4 cm A17Headline Daily Hong Kong 12-Aug 12-Aug 160mm x 265mm 4Asahi Shimbun Japan 12-Aug 12-Aug 7.48" x 9.4" 8Apple Daily Taiwan 12-Aug 12-Aug 5.984"W x 10.314"H B3Liberty Times Taiwan 12-Aug 12-Aug 6.889"W x 9.448"H AA1United Daily News Taiwan 12-Aug 12-Aug 5.984"W x 9.763"H D2The Times of India (Mumbai, New Delhi, Chennai)
Mumbai India 12-Aug 12-Aug 7.08" x 9.84" 13New Delhi India 12-Aug 12-Aug 7.08" x 9.84" 15
Chennai India 12-Aug 12-Aug 7.08" x 9.84" 15Bild (National Edition) Germany 12-Aug 12-Aug 7.36" x 9.84" 5The Mail on Sunday United Kingdom 16-Aug 16-Aug 7.48" x 9.84" 44The Sunday Times United Kingdom 16-Aug 16-Aug 6.65" x 11.02" 30
Trade(s) - Print Country Issue Date ON SALE Unit Type/SizeAir Cargo World United States August August 1, 2015 8" x 10.87" (Color) 33American Shipper United States August August 16, 2015 8.25" x 10.875" (Color) 15Inbound Logistics United States August August 15, 2015 7.875" x 10.75" (Color) 61Logistics Management United States August August 15, 2015 7.875" x 10.5" (Color) 79SChina Logistics and Purchasing China August 16, 2015 August 16, 2015 8.26" x 11.222" (Color) 25Daily Cargo (Transport and Logistics News) Japan August August 4, 2015 14.88"W x 9.84”H 6Asia Cargo News Pan Asia August 17, 2015 August 10, 2015 10.4" x 7.48" (Color) 9Logistik Heute Germany July/Aug July 10, 2015 7.28" x 10.62" (Color) 21The Stat Trade Times India August August 1, 2015 8.18" x 11.14" (Color) 33Logistics Manager United Kingdom August August 3, 2015 8.26" x 11.69" (Color) 16
Trade(s) - Online Country Unit Type/SizeAir Cargo News United States July 20, 2015 August 20, 2015 728x90 ConfirmedLogistics Management United States July 20, 2015 August 20, 2015 300x250 ConfirmedParcel.com United States July 20, 2015 August 20, 2015 468x90 ConfirmedQuick Caller Air Cargo Directories United States July 20, 2015 August 20, 2015 305x231 ConfirmedJournal of Commerce United States July 20, 2015 August 20, 2015 300x500 ConfirmedTransportation Journal International July 20, 2015 August 20, 2015 468x60 Confirmed
International Business Publications Country Issue Date ON SALE Unit Type/SizeDer Spiegel Germany July 25, 2015 July 25, 2015 8.34" x 11.02" (Color) 65India Today India July 27, 2015 July 27, 2015 6.61" x 9.64" (Color) 19Nikkei Business Japan July 27, 2015 July 27, 2015 8.26" x 11.02" (Color) 96Fortune China August August 10, 2015 203 mm x 276 mm 13
Notice Program Implementation Report
Precision Assoc., Inc. v. Panalpina World Transport (Freight Forwarders)
Print Media
Run Dates
Print Media
Run Dates
Print Media
Case 1:08-cv-00042-JG-VVP Document 1309 Filed 10/05/15 Page 19 of 27 PageID #: 23511
CountryGoogle Display Network (Global) Global July 20, 2015 August 20, 2015 ConfirmedKeyword Search (Global) Global July 10, 2015 TBD ConfirmedPress Release (International) Global July 20, 2015 N/A Confirmed
Earned Media and Outreach Run Dates
Case 1:08-cv-00042-JG-VVP Document 1309 Filed 10/05/15 Page 20 of 27 PageID #: 23512
EXHIBIT 2
Case 1:08-cv-00042-JG-VVP Document 1309 Filed 10/05/15 Page 21 of 27 PageID #: 23513
Case 1:08-cv-00042-JG-VVP Document 1309 Filed 10/05/15 Page 22 of 27 PageID #: 23514
Case 1:08-cv-00042-JG-VVP Document 1309 Filed 10/05/15 Page 23 of 27 PageID #: 23515
Case 1:08-cv-00042-JG-VVP Document 1309 Filed 10/05/15 Page 24 of 27 PageID #: 23516
Case 1:08-cv-00042-JG-VVP Document 1309 Filed 10/05/15 Page 25 of 27 PageID #: 23517
Case 1:08-cv-00042-JG-VVP Document 1309 Filed 10/05/15 Page 26 of 27 PageID #: 23518
Case 1:08-cv-00042-JG-VVP Document 1309 Filed 10/05/15 Page 27 of 27 PageID #: 23519