HomeMy WebLinkAboutLW18-123 - Original - Keller Rohrback LLP - Opioid Lawsuit Representation - 04/03/2018 19
KENTTRecords Management Document
CONTRACT COVER SHEET
This is to be completed by the Contract Manager prior to submissio,n
to the City Clerk's Office. All portions are to be completed.
If you have questions, please contact the City Clerk's Office at 253-856-5725.
El Blue/Motion Sheet Attached
El Pink Sheet Attached
Vendor Name: Keller Rohrback LLP
Vendor Number
Contract Number (City Clerk):
Category: Contract Agreement
Sub-Category (if applicable): Other
Project Name: 0 t_ioid Lawsuit Representation
R .
Contract Execution Date: __-4/3/18 Termination Date: N/A
Contract Manager: Pat Fitzpatrick m Department: Law
...............
Contract Amount:
Approval Authority: [J Director F1 Mayor ❑ City Council
Other Details., -Attornev Enq�j (�n & Conti F�e Aqreernent
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I ATTORNEY ENGAGEMENT& CONTINGENCY FEE AGREEMENT
It is HEREBY ACKNOWLEDGED AND AGREED
{ ED by and between the City of Kent
iJ ("Client")and Keller Rohrback L.L.P. ("Attorneys")as follows:
1- Emnlovment. Client hereby retains Attorneys to represent Client with respect to
potential claims against the manufacturers and wholesalers of prescription opioid
painkillers and other related defendants as agreed between Client and Attorneys.
Attorneys will assist Client in gathering information and data relevant to Client's
potential claims. Attorneys will also advise Client with respect to those potential claims.
At Client's request, Attorneys will institute proceedings to seek remedies on Client's
' behalf as Client and Attorneys conclude is appropriate and advisable ("the Lawsuit").
2. es onsibili of ttorne s;Although the individual attorneys listed below will be
primarily responsible to represent Client in this matter,other members of Keller
Rohrback may work on Client matters in accordance with their areas of practice. The
primary attorneys representing Client are Derek Loeser,David Ko, and Daniel Mensher.
Attorneys will consult with Client in connection with any settlement proposal before
accepting same,
3. Resnousibility.of Client. Client will maintain control of the litigation. Client agrees to
timely comply with Attorneys' request. Client agrees to advise Attorneys of all facts,
knowledge,or information relevant to Attorneys' representation of Client, including
facts,knowledge, or information which come to Client's attention after execution of this
Agreement.
i
4. Client Renresentative. Client designates Arthur"Pat"Fitzpatrick,City Attorney for
Kent, to be the Client's Representative. The Client's Representative is responsible for
receiving all communications from Attorneys and transmitting all communications from
Client to Attorneys. Client agrees that Attorneys may rely on the Client's
Representative's statements as an accurate reflection of Client's position and desires.
Attorneys agree to keep the Client's Representative informed of all significant =
developments regarding the representation.
5. Attorneys' Fees: The fees that Client agrees to pay Attorneys ("Attomeys'Fee"or
"Attorneys' Fees")will depend on the outcome of the Lawsuit, as set forth here:
a. "Sums Recovered"means all monies(and the value of any other property)
actually paid in settlement of or judgment on the Lawsuit's claims(including the
settlement-of any demand made by Attorneys on Client's behalf before initiation
of the Lawsuit),including any monies paid in settlement or judgment as an award
of attorneys' fees, costs,or interest.
ATTORNEY ENGAGEMENT&CONTINGENCY FEE Keller Rohrback L.L.P.
AGREEMENT 1201 Third Avenue,Suite 3200
Seattle,WA 98101
(206)623-1900
Pagel U 4
b. if the Sums Recovered is an amount less than or equal to $10 million, the
Attorneys' Fee shall be 20%of the recovery;
c. If the Sums Recovered is an amount greater than$10 million but less than or
equal to$20 million,the Attorneys' Fee shall equal the amount specified in -
Section 5(b) above, 1pus 18%of any Sums Recovered in the$10 million to $20 rc
million range.
d. If the Sums Recovered is an amount greater than$20 million but less than or
equal to $25 million, the Attorneys' Fee shall equal the amount specified in
Sections 5(b)and 5(c)above,plus 15%of any Sums Recovered in the $20 million
to$25 million range.
e. If the Sums Recovered is an amount in excess of$25 million,the Attorneys' Fee
shall equal the amount specified in Sections 5(b), 5(c),and 5(d) above,plus 10%
of any Sums Recovered in excess of$25 million.
f. Notwithstanding anything herein to the contrary, Attorneys agree to cap the
Attorneys' Fee at five times the total lodestar(number of hours times hourly rate),
to be calculated at the conclusion of the Lawsuit.
g. If the Lawsuit proceeds to trial and the court awards Client a monetary judgment
and an attorneys' fee, and the attorneys' fee is greater than the percentage
Attorneys would be entitled to under Section 5(a)-(e),then Attorneys will be
entitled to the full attorneys' fee awarded by the Court.
NO ATTORNEYS' FEES SHALL BE PAID IF NO RECOVERY IS MADE.
6. Advice Concerning Attorneys Client has been informed of the alternative of
employing Attorneys on an hourly fee bases.This alternative would require the payment
of a$25,000 retainer at commencement of the representation,payment of costs as
incurred, and payment of legal fees each month for legal services. In deciding to engage
Attorneys on a contingency fee basis, Client has considered the risks involved in this
case,the experience and reputation of Attorneys, and the uncertainty regarding the
number of hours required to prosecute the case.
7. Costs.Attorneys will advance all"out of-pocket"costs,fees, and expenses incurred by
Attorneys in pursuing the Lawsuit("Costs").Notwithstanding the foregoing,Attorneys
agree to notify and obtain Client's consent before incurring Costs aggregating more than
$10,000 in any single month.
ATTORNEY ENGAGEMENT&CONTINGENCY FEE Keller Rohrback LLP
AGREEMENT 1201 Third Avenue,Suite 3200
Seattle,WA 98101
Page 2 of 4
f
Client understands that Attorneys shall seek reimbursement from defendants for all Costs 1
actually expended, but that there is no guarantee that Costs will be reimbursed by the
i defendants to Attorneys. Attorneys will be reimbursed for all Costs out of any settlement
or recovery in addition to any Attorneys' Fees they receive under Paragraphs 5 or 8, as
the case may be. Attorneys shall be reimbursed for Costs first, from any monies paid by a
defendant on account of Cost reimbursement and, if such monies are insufficient,from
any monies paid as part of the Sums Recovered.
Attorneys may, with Client's prior consent which shall not unreasonably be withheld,
hire any expert or consultant whose services Attorneys advises Client is necessary for the
evaluation or prosecution of any of the claims within the scope of the Lawsuit.
8. Withdrawal or Discharge. Subject to Court rules and other applicable laws,Attorneys
shall have the right to withdraw from representation of Client upon giving reasonable
notice of the intention to withdraw. Client shall have the right to discharge Attorneys at
any time.
9. Venue and Attorneys' Fees.The Parties agree that in the event any dispute should arise
with respect to this Agreement,venue shall lie in Seattle, Washington. Further,the
prevailing party in such an action shall be awarded reasonable costs and attorneys' fees.
j 10. Outcome.Attorneys do not guarantee or represent a particular result in this Lawsuit.
Client understands the risks associated with pursuing this Lawsuit.
11. No Other Aereements.Client has read this contract,has received a copy of it,and
agrees to its terms and conditions. There are no oral or other agreements between Client
and Attorneys. This Agreement when signed below by Client replaces any prior
understandings or oral agreement between Client and Attorneys.
12. Governing Law.This Agreement and all aspects of the Parties'relationship shall be
construed under the laws of the State of Washington,without regard to choice of law
principles.
13.Other Provisions.This Agreement may be executed in one or more counterparts and
transmitted by mail,overnight delivery service, and/or email,each one of which shall
constitute an original and all of which shall constitute one and the same document.
ATTORNEY ENGAGEMENT&CONTINGENCY FEE Keller Rohrback LLP
AGREEMENT 1201 Third Avenue,Suite 3200
Seattle,WA 98101
Page 3 of 4
DATED: -31
CLIENTSICiNATURE
CLIENT NAME PRINTED
ACCE
By: PTS Her Rohrbac L.P.
DATED:
4814-6130-9021,v.1
ATTORNEY ENGAGEMENT&CONTINGENCY FEE Keller Rohrhack LLP
AGREEMENT 1201 Third Avenue,Suite 3200
Seattle,WA 98101
Page 4 of 4
ATTORNEY ENGAGEMENT & CONTINGENCY FEE AGREEMENT
It is HEREBY ACKNOWLEDGED AND AGREED by and between the City of Kent
("Client") and Keller Rohrback L.L.P. ("Attorneys") as follows:
l. Employment. Client hereby retains Attorneys to represent Client with respect to
potential claims against the manufacturers and wholesalers of prescription opioid
painkillers and other related defendants as agreed between Client and Attorneys.
Attorneys will assist Client in gathering information and data relevant to Client's
potential claims. Attorneys will also advise Client with respect to those potential claims.
At Client's request, Attorneys will institute proceedings to seek remedies on Client's
behalf as Client and Attorneys conclude is appropriate and advisable ("the Lawsuit").
2. Responsibility of Attorneys. Although the individual attorneys listed below will be
primarily responsible to represent Client in this matter, other members of Keller
Rohrback may work on Client matters in accordance with their areas of practice. The
primary attorneys representing Client are Derek Loeser, David Ko, and Daniel Mensher.
Attorneys will consult with Client in connection with any settlement proposal before
accepting same.
3. Responsibility of Client. Client will maintain control of the litigation. Client agrees to
timely comply with Attorneys' request. Client agrees to advise Attorneys of all facts,
knowledge, or information relevant to Attorneys' representation of Client, including
facts, knowledge, or information which come to Client's attention after execution of this
Agreement.
4. Client Representative. Client designates Arthur"Pat"Fitzpatrick, City Attorney for
Kent, to be the Client's Representative. The Client's Representative is responsible for
receiving all communications from Attorneys and transmitting all communications from
Client to Attorneys. Client agrees that Attorneys may rely on the Client's
Representative's statements as an accurate reflection of Client's position and desires.
Attorneys agree to keep the Client's Representative informed of all significant
developments regarding the representation.
5. Attorneys' Fees. The fees that Client agrees to pay Attorneys ("Attorneys' Fee" or
"Attorneys' Fees") will depend on the outcome of the Lawsuit, as set forth here:
a. "Sums Recovered" means all monies (and the value of any other property)
actually paid in settlement of or judgment on the Lawsuit's claims (including the
settlement of any demand made by Attorneys on Client's behalf before initiation
of the Lawsuit), including any monies paid in settlement or judgment as an award
of attorneys' fees, costs, or interest.
ATTORNEY ENGAGEMENT&CONTINGENCY FEE Keller Rohrback L.L.P.
AGREEMENT 1201 Third Avenue, Suite 3200
Seattle, WA 98101
(206)623-1900
Page 1 of 4
b. If the Sums Recovered is an amount less than or equal to $10 million, the
Attorneys' Fee shall be 20% of the recovery;
c. If the Sums Recovered is an amount greater than$10 million but less than or
equal to $20 million, the Attorneys' Fee shall equal the amount specified in
Section 5(b) above, plus 18% of any Sums Recovered in the $10 million to $20
million range.
d. If the Sums Recovered is an amount greater than$20 million but less than or
equal to $25 million, the Attorneys' Fee shall equal the amount specified in
Sections 5(b) and 5(c) above,plus 15%of any Sums Recovered in the $20 million
to $25 million range.
e. If the Sums Recovered is an amount in excess of$25 million, the Attorneys' Fee
shall equal the amount specified in Sections 5(b), 5(c), and 5(d) above,plus 10%
of any Sums Recovered in excess of$25 million.
f. Notwithstanding anything herein to the contrary, Attorneys agree to cap the
Attorneys' Fee at five times the total lodestar(number of hours times hourly rate),
to be calculated at the conclusion of the Lawsuit.
g. If the Lawsuit proceeds to trial and the court awards Client a monetary judgment
and an attorneys' fee, and the attorneys' fee is greater than the percentage
Attorneys would be entitled to under Section 5(a)-(e), then Attorneys will be
entitled to the full attorneys' fee awarded by the Court.
NO ATTORNEYS' FEES SHALL BE PAID IF NO RECOVERY IS MADE.
6. Advice Concerning Attorneys' Fee. Client has been informed of the alternative of
employing Attorneys on an hourly fee bases. This alternative would require the payment
of a$25,000 retainer at commencement of the representation, payment of costs as
incurred, and payment of legal fees each month for legal services. In deciding to engage
Attorneys on a contingency fee basis, Client has considered the risks involved in this
case, the experience and reputation of Attorneys, and the uncertainty regarding the
number of hours required to prosecute the case.
7. Costs. Attorneys will advance all "out-of-pocket" costs, fees, and expenses incurred by
Attorneys in pursuing the Lawsuit ("Costs"). Notwithstanding the foregoing, Attorneys
agree to notify and obtain Client's consent before incurring Costs aggregating more than
$10,000 in any single month.
ATTORNEY ENGAGEMENT&CONTINGENCY FEE Keller Rohrback LLP
AGREEMENT 1201 Third Avenue, Suite 3200
Seattle, WA 98101
Page 2 of 4
Client understands that Attorneys shall seek reimbursement from defendants for all Costs
actually expended, but that there is no guarantee that Costs will be reimbursed by the
defendants to Attorneys. Attorneys will be reimbursed for all Costs out of any settlement
or recovery in addition to any Attorneys' Fees they receive under Paragraphs 5 or 8, as
the case may be. Attorneys shall be reimbursed for Costs first, from any monies paid by a
defendant on account of Cost reimbursement and, if such monies are insufficient, from
any monies paid as part of the Sums Recovered.
Attorneys may, with Client's prior consent which shall not unreasonably be withheld,
hire any expert or consultant whose services Attorneys advises Client is necessary for the
evaluation or prosecution of any of the claims within the scope of the Lawsuit.
8. Withdrawal or Discharge. Subject to Court rules and other applicable laws, Attorneys
shall have the right to withdraw from representation of Client upon giving reasonable
notice of the intention to withdraw. Client shall have the right to discharge Attorneys at
any time.
9. Venue and Attorneys' Fees. The Parties agree that in the event any dispute should arise
with respect to this Agreement, venue shall lie in Seattle, Washington. Further, the
prevailing party in such an action shall be awarded reasonable costs and attorneys' fees.
10. Outcome. Attorneys do not guarantee or represent a particular result in this Lawsuit.
Client understands the risks associated with pursuing this Lawsuit.
11. No Other Agreements. Client has read this contract, has received a copy of it, and
agrees to its terms and conditions. There are no oral or other agreements between Client
and Attorneys. This Agreement when signed below by Client replaces any prior
understandings or oral agreement between Client and Attorneys.
12. Governing Law. This Agreement and all aspects of the Parties' relationship shall be
construed under the laws of the State of Washington, without regard to choice of law
principles.
13. Other Provisions. This Agreement may be executed in one or more counterparts and
transmitted by mail, overnight delivery service, and/or email, each one of which shall
constitute an original and all of which shall constitute one and the same document.
ATTORNEY ENGAGEMENT&CONTINGENCY FEE Keller Rohrback LLP
AGREEMENT 1201 Third Avenue, Suite 3200
Seattle, WA 98101
Page 3 of 4
DATED
CLIENT SIGNATURE
.1 .:_.
CLIENT NAME PRINTE
ACCEPTED: Feller IRohrback L.L.P.
By: DATED:
4814-8130-9021,v. 1
ATTORNEY ENGAGEMENT& CONTINGENCY FEE Keller Rolirback LLP
AGREEMENT 120I 'Third Avenue, Suite 3200
Seattle, WA 98101
Page 4 of 4
REQUEST FOR MAYOR'S SIGNATURE
Print onCherry-Colored Paper
KENT
Routing Information:
(ALL REQUESTS MUST FIRST BE ROUTED THROUGH THE LAW DEPARTMENT)
Approved by Directory
Origiinator: Pat Fitzpatrick Phone (Originator) X57$1
Date Sent: 3f 27/18, Date Required; 3/28/1
Return Signed Document to: Cheryl Rolcik-Wilcox Contract Termination Date: ,
"VENDOR NAME: Date Finance Notified:
Feller Rohrback LLP (Uniy required on contracts
20 000 and over or on any Grant
DATE OF COUNCIL APPROVAL: Date Risk Manager Notified:
(Required on Non-City Stancluds
Has this Document been Specifically Account dr:
Authorized in the Budget? DYES , NlO
Brief Explanation of Document:
Attorney Engagement and Contingency Fee Agreement with feller Rohrback LLP for
representation in potential claims against the manufacturers and wholesalers of
prescription opioid painkillers, , h
« mk l
q R' 2 7 20'18
,`]IFity rid K1,,
office, � If the
All Contracts,Must He Routed Through The Lava Department
(This Ztocompleted by the LawDepartment)
Received
Appr �
oval of Law Dep
Lary Dept. Comments—,"
Date Forwarded to l or:
Shaded Areas To Be Completed By Administration Star,
R� err�d:
Rebamm,e Tdatf rrs and Comments:
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47
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CITY OF KEN"
CITY CLERK
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