RESOLUTION RS2017-966

A resolution authorizing the Mayor to employ the law firm of Lieff Cabraser Heimann & Bernstein, LLP, as special counsel, on a contingent fee basis, to investigate, and if appropriate, pursue claims against manufacturers and distributors of prescription opioids that have wrongfully caused drug addiction in Davidson County and resulting economic harm to the Metropolitan Government.

WHEREAS, Section 8.607 of the Charter of the Metropolitan Government of Nashville and Davidson County states: “No department, board, commission or other agency of the metropolitan government may employ special counsel. Whenever the interests of the metropolitan government require special counsel, the council, by resolution, may authorize the mayor to employ such counsel, who shall be paid such compensation for his service as the mayor, the director of law and the director of finance shall determine to be reasonable compensation for the services rendered, and as the council shall by resolution approve;” and,

WHEREAS, the Department of Law does not employ attorneys that are experienced in prosecuting deceptive or fraudulent marketing claims or other consumer protection claims against pharmaceutical manufacturers or distributors; and,

WHEREAS, the interests of the Metropolitan Government require special counsel to investigate, and if appropriate, pursue litigation against manufacturers and distributors of prescription opioids that have wrongfully caused drug addiction in Davidson County, Tennessee, or have otherwise engaged in misconduct that has caused economic harm to the Metropolitan Government; and,

WHEREAS, a contingent fee agreement is the most economical means of financing litigation against manufacturers and distributors of prescription opioids; and,

WHEREAS, the Metropolitan Department of Law solicited responses from several qualified law firms to serve as special counsel in this matter; and,

WHEREAS, after a thorough review of the responses, the Department of Law recommends that Lieff Cabraser Heimann & Bernstein, LLP be retained on a contingent fee basis to represent the interest of the Metropolitan Government against manufacturers and distributors of prescription opioids, whose wrongful conduct has caused drug addiction in Davidson County and has resulted in economic harm to the Metropolitan Government.

NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE METROPOLITAN GOVERNMENT OF NASHVILLE AND DAVIDSON COUNTY:

Section 1: The Mayor is authorized to employ Lieff Cabraser Heimann & Bernstein, LLP as special counsel, on a contingent fee basis, in accordance with the terms and conditions contained in the Contract attached as Exhibit 1 to this resolution.

Section 2: Any net recovery to the Metropolitan Government from the proposed litigation shall be deposited into the General Fund of the General Services District.

Section 3: This resolution shall take effect from and after its adoption, the welfare of the
Metropolitan Government of Nashville and Davidson County requiring it.

Sponsored by: Tanaka Vercher, Sheri Weiner, Kathleen Murphy, Sharon Hurt

View Exhibit

LEGISLATIVE HISTORY
Referred to:	Budget & Finance Committee
Introduced:	November 21, 2017
Deferred:	November 21, 2017
Approved:	December 5, 2017
Motion To Be Reconsidered:	December 19, 2017 - Failed by Roll Call Vote
Approved:	December 20, 2017
By: