HomeMy Public PortalAbout18-9470 Retainer Agreement w/Kopelowitz for Fraudulent Marketing Practices of Certain Pharmaceuticals Sponsored by: City Attorney
RESOLUTION NO. 18-9470
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
OPA-LOCKA, FLORIDA, DIRECTING THE CITY MANAGER TO
ENTER INTO A RETAINER AGREEMENT WITH KOPELOWITZ
OSTROW FERGUSON WEISELBERG GILBERT; WEISS SEROTA
HELFMAN COLE & BIERMAN, P.L.; MORGAN & MORGAN, P.A.;
AND HALICZER, PETTIS & SCHWAMM, P.A. ("LAW FIRMS"), AT
NO COST TO THE CITY OF OPA-LOCKA ("CITY"), TO PURSUE
RECOVERY FOR THE HARM INCURRED BY THE CITY AS A
RESULT OF THE ALLEGED DECEPTIVE AND FRAUDULENT
MARKETING PRACTICES OF CERTAIN PHARMACEUTICAL
MANUFACTURERS AND THE ALLEGED FAILURE TO REPORT
SUSPICIOUS PURCHASES BY CERTAIN PHARMACEUTICAL
WHOLESALERS/DISTRIBUTORS; PROVIDING FOR
INCORPORATION OF RECITALS; PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, drug manufacturers and distributors, including Purdue Pharmaceuticals,
Endo Pharmaceuticals and others, knew that opioids were extremely addictive for long-term
use for chronic pain, yet engaged in deceptive marketing practices in order to make huge
profits; and
WHEREAS, counties, cities, and towns across Florida (and the US) have spent, and
continue to spend, tens and hundreds of millions of dollars each year on services for law
enforcement, health services, social services, and criminal justice in their battle against the
opioid addiction epidemic; and
WHEREAS, the Law Firms will handle the litigation on a pure contingency basis,
with no financial responsibility to the City plaintiffs whatsoever and will only receive
compensation if the City recovers against the drug manufacturers and distributors, in which
case the Firms will receive a percentage of the total recovery: and
WHEREAS, the City Commision finds that it is in the best interest of the City to
enter into a Retainer Agreement, substantially in the form attached hereto as Exhibit A, with
Law Firms for their representation in litigation against deceptive drug manufacturers and
distributors.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
THE CITY OF OPA LOCKA, FLORIDA:
Section 1. RECITALS ADOPTED.
The recitals to the preamble herein are incorporated by reference.
Resolution No. 18-9470
Section 2. AUTHORIZATION
The City Commission hereby directs the City Manager to enter into a Retainer
Agreement with Kopelowitz Ostrow Ferguson Weiselberg Gilbert; Weiss Serota
Helfman Cole & Bierman, P.L.; Morgan & Morgan, P.A.; and Haliczer, Pettis &
Schwamm, P.A., at no cost to the City, to pursue recovery for the harm incurred by
the City as a result of the alleged deceptive and fraudulent marketing practices of
certain pharmaceutical manufacturers and the alleged failure to report suspicious
purchases by certain pharmaceutical wholesalers/distributors.
Section 3. SCRIVENER'S ERRORS.
Sections of this Resolution may be renumbered or re-lettered and corrections of
typographical errors which do not affect the intent may be authorized by the City
Manager, or the City Manager's designee, without need of public hearing, by filing a
corrected copy of same with the City Clerk.
Section 4. EFFECTIVE DATE.
This Resolution shall take effect immediately upon adoption and is subject to the
approval of the Governor or his designee.
PASSED AND ADOPTED this 28th day of Februar 2018.
yra '. Taylor
Mayor
Attest to: Approved as to form and legal sufficiency:
1.
Jo.1 a Flores BROWN LAW GROUP, LLC
City Clerk City Attorney
Moved by: VICE MAYOR KELLEY
Seconded by: COMMISSIONER HOLMES
Commissioner Vote: 5-0
Commissioner Holmes: YES
Commissioner Riley: YES
Commissioner Pigatt: YES
Vice Mayor Kelley: YES
Mayor Taylor: YES
CONFIDENTIAL ATTORNEY-CLIENT PRIVILEGED COMMUNICATION
February 21, 2018
City of
Attention:
Re: Opioids Epidemic Litigation
•
Dear
This letter will confirm that the City of , Florida (the "City") has
agreed to retain the law firms of Kopelowitz Ostrow Ferguson Weiselberg Gilbert; Weiss Serota
Helfman Cole & Bierman, P.L.; Morgan & Morgan, P.A.; and Haliczer, Pettis & Schwamm,
P.A. (collectively, the "Law Firms") to pursue recovery for the harm incurred by the City as a
result of the alleged deceptive and fraudulent marketing practices of certain pharmaceutical
manufacturers and the alleged failure to report suspicious purchases by certain pharmaceutical
wholesalers/distributors. As a result, these manufacturers and wholesalers have violated federal
and state laws. The Law Firms have conducted an investigation and believe there is a valid basis
to commence and prosecute civil litigation seeking monetary damages and other relief. The
terms under which we will represent the City as a plaintiff are as follows:
1. We will undertake the representation and prosecute the litigation on a contingency
fee and cost basis.
2. We will advance all attorneys' fees and expenses necessary to represent the City
and prosecute the litigation. Attorneys' fees and expenses will be paid only out of a recovery
(i.e., settlement or judgment). The fee structure will take into account the stage of the litigation at
which the action is resolved, as follows:
a. From the filing of the Complaint through the filing of any Motion(s) for
Summary Judgment: 23% of any recovery, plus reimbursement of costs and
expenses; or
b. Subsequent to the filing of any Motion(s) for Summary Judgment: 26.5% of
any recovery, plus reimbursement of costs and expenses.
City of
Attention:
February 21, 2018
Page 2 of 3
3. The City acknowledges and agrees that, in the event the litigation is consolidated
and/or coordinated with other actions as part of multidistrict litigation, we may divide attorneys'
fees with other law firms. The division of attorneys' fees with other law firms may be determined
based on a percentage basis or based on time spent by all counsel involved in assisting with the
prosecution of the litigation. The division of attorneys' fees with other counsel is the sole
responsibility of the Law Firms, and will not increase or decrease the percentage or amount of
attorneys' fees due under this agreement in the event of a successful resolution of the litigation.
4. The City will cooperate in the prosecution of the litigation, including participating
in discovery and providing deposition testimony, if requested. The City understands that the Law
Firms may represent other entities against the same defendants in separate actions that may be
consolidated and/or coordinated as part of multidistrict litigation.
5. It is important that any documents potentially relevant to the litigation, in the
broadest sense, are set aside and protected from destruction. This includes electronic records
such as e-mail. If we can be of any assistance in identifying and preserving relevant documents
and electronic files, please contact us.
6. The City agrees that our files and documents compiled in connection with our
investigation and prosecution of this litigation constitute the work-product and property of the
Law Firms over which the Law Firms have complete control with respect to their use and/or
disclosure. Notwithstanding the foregoing, the Law Firms agree to comply with all requirements
of Chapter 119, Florida Statutes (2016), as may be applicable.
7. The Law Firms will defend the City for any claims that may be asserted against
the City arising from its commencement, prosecution and/or resolution of this litigation
including, but not limited to, any claims to recover adverse party attorneys' fees or costs.
8. All notices to be given by the parties hereto shall be in writing and served by
email, overnight delivery, and/or first class U.S. Mail, as follows:
TO CITY: City of
Attention:
Email:
City of
Attention:
February 21, 2018
Page 3 of 3
TO LAW FIRMS: Robert C. Gilbert, Esq.
Kopelowitz Ostrow Ferguson Weiselberg Gilbert
2800 Ponce de Leon Blvd., Suite 1100
Coral Gables, FL 33134
Email: gilbert @kolawyers.com
9. This letter sets forth the entire agreement between the parties and supersedes all
other oral or written provisions.
After executing this letter please return it to us via email to gilbert@kolawyers.com.
We look forward to working closely with the City toward the successful prosecution of
these claims.
Very truly yours,
/L1l tc�L3l erman/ Robe.ft-C. C 1bei t-
Mitchell Bierman Robert C. Gilbert
Weiss Serota Helfman Kopelowitz Ostrow Ferguson
Cole & Bierman, P.L. Weiselberg Gilbert
Jaye
Yovuig EugeneK. Pett-
James D. Young Eugene K. Pettis
Morgan &Morgan, P.A. Haliczer Pettis & Schwamm, P.A.
Please sign below confirming your agreement to retain the Law Firms to pursue this
matter in accordance with the terms and conditions outlined above.
CITY OF
By:
[NAME] [DATE]
Its:
[TITLE]