Chitwood Harley Harnes Responds to Google's Attack on Lawsuit Challenging Google's ''Click Fraud'' Class Action Settlement; Chitwoood Harley Harnes Advises Google Advertisers To Object To Google's Proposed Settlement.

ATLANTA -- Attorneys for Joseph A. Kinney, who filed a lawsuit last week challenging the adequacy of a class action settlement Google has proposed in Arkansas state court, responded today to statements by Google to the Associated Press that Kinney's lawyers were, "trying to circumvent the normal class action process..."

Darren Kaplan, partner with Chitwood Harley Harnes LLP, who represents Joseph Kinney in the Arkansas case as well as the plaintiffs in another class action against Google in California federal court responded, "If anything, Google is the one abusing the class action process by cutting itself a sweetheart deal in Arkansas that provides almost nothing to class members."

Both the Arkansas class action and the California federal court action allege that Google has overcharged its advertisers for "click fraud" --clicks on Google Internet ads intended solely to force advertisers to pay fees to Google network partners. Independent studies have claimed that as much as $100 to $400 of every $1,000 billed to advertisers stems from click fraud. If those estimates are correct, Google may have overcharged its advertisers as much as $5 billion.

Google's form contract requires all lawsuits with its advertisers to be brought in Santa Clara County, California. However, after the federal court in Santa Clara scheduled a hearing to decide whether that case should proceed as a class action, Google agreed to a settlement in the Arkansas case instead.

The proposed settlement in Arkansas will extinguish any claims for overcharges that all U.S. Google advertisers might have, but Kinney's lawsuit alleges that the proposed settlement in Arkansas is grossly inadequate because:

--The only cash Google is paying in the settlement--as much as $30 million--is going to the lawyers representing the class in the Arkansas case

--Google advertisers, on the other hand, will only receive credits against future advertising charges in an amount that is less than half a cent for every dollar of overcharge

--Under the settlement, Google advertisers will have to make a claim to Google, which has sole discretion to determine which claimants will receive credits in the settlement and how much

--Google is not required to make any changes to how it protects advertisers from "click fraud" or in how it investigates claims by advertisers that they have been victimized by click fraud

"Google never answers these criticisms of the proposed settlement," said Kaplan. "In fact, Google has no answer."

Google advertisers will receive notice of the proposed settlement only by e-mail, and will have thirty days to file an objection to the settlement. Objections must be filed with the Arkansas court and mailed to the attorneys for the Arkansas plaintiffs and the attorney for Google as provided for in the notice. Kaplan is advising all Google advertisers who are dissatisfied with the settlement not to wait for notice and to simply object now: "Advertisers have to let the court know how angry they are that Google is using an Arkansas class action to insulate itself from billions of dollars in claims without paying a dime to its customers." Objections should reference the case, Lane's Gifts and Collectibles, L.L.C., et al vs. Yahoo! Inc., et al, Case No. CV-2005-52-1, and must be sent to the following addresses:

Clerk for the Miller County Circuit Court
400 Laurel
Texarkana, AR 71854

George L. McWilliams
Patton, Roberts, McWilliams & Capshaw, LLP
2900 St. Michael Drive, Fourth Floor
Texarkana, TX 75503

Daralyn J. Durie
Keker & Van Nest, LLP
710 Sansome Street
San Francisco, CA 94111

About Chitwood Harley Harnes:

Chitwood Harley Harnes is one of the nation's preeminent class action law firms, representing shareholders and consumers in litigation throughout the United States. In 2004 alone, the firm recovered $583 million for investors and was identified as the fourth most successful securities class action firm in terms of gross recoveries - and the second most successful firm in terms of average recovery - by Investor Shareholder Services ("ISS") in its Securities Class Action Services Alert ("SCAS 50"). The firm also represents consumers in complex class actions with a particular focus on actions arising in the areas of personal and information technology. The firm has offices in Atlanta, Georgia and Great Neck, New York and employs 20 attorneys as well as in-house forensic accountants.