James Attridge-v-Google LLC

Background

James Attridge brought this proposed antitrust class action against Google LLC, Alphabet Inc., and XXVI Holdings Inc. The plaintiff moved for appointment of interim class counsel—lawyers authorized to manage the litigation for a proposed class before the court decides whether to certify a class.

Legal standard

Under Federal Rule of Civil Procedure 23(g), the court must consider counsel’s work identifying or investigating potential claims, experience with class actions and other complex litigation, knowledge of the applicable law, and the resources counsel will commit to the class. The court may also consider other matters relevant to counsel’s ability to represent the class fairly and adequately. When there is a single application, the court may appoint co-lead counsel if the applicants meet these requirements.

Court’s findings

The court found that appointment of interim co-lead counsel would promote efficient management of the complex antitrust litigation, clarify responsibility for proceedings before class certification, and protect the proposed class. It found that Boies Schiller Flexner LLP, with David Boies as lead attorney, and Lingel H. Winters possessed the qualifications, experience, and resources to serve as interim co-lead class counsel.

The court noted that Winters had filed the initial complaint and led the initial litigation steps, including investigation before filing and early planning. The court also noted that Boies Schiller Flexner had familiarized itself with the facts and legal issues, was collaborating with Winters on a second amended complaint, and was preparing for anticipated motions and discovery. The court found that both counsel had committed the resources needed to pursue the action.

A group of plaintiffs in a related case before the court objected, asserting that Winters had previously represented them, had access to their confidential information, and had a conflict of interest. The court found that the objectors did not identify specific confidential information or explain how their interests were materially adverse to the proposed class’s interests. It therefore found no basis to conclude that Winters or Boies Schiller Flexner would be inadequate interim class counsel.

Ruling

Pursuant to Rule 23(g), the court appointed Boies Schiller Flexner LLP, with David Boies as lead attorney, and Lingel H. Winters as interim co-lead class counsel. Their authority and responsibilities cover proceedings before class certification, including coordinating and overseeing the case, preparing amended complaints, opposing pleading motions, handling discovery, consulting with experts, briefing and arguing motions, conducting settlement negotiations, communicating with defense counsel and the court, and performing other duties necessary to advance the proposed class’s interests.