REPORT TO SHASTA COUNTY BOARD OF SUPERVISORS

BOARD MEETING DATE:  May  1, 2018
CATEGORY:  Consent - General Government-3.

SUBJECT:

Approve and authorize execution of an agreement with Baron & Budd to litigate and to pursue claims and remedies against certain opioid manufacturers and distributors.

Supervisorial District No. :  All

DEPARTMENT CONTACT:  Rubin E. Cruse, Jr., County Counsel (530) 225-5711

STAFF REPORT APPROVED BY:  Jim Ross, Assistant County Counsel

RECOMMENDATION

Approve and authorize the County Counsel or his designee to: (1) Sign a retroactive contingency fee agreement, effective April 22, 2018 through completion of the case, with Baron & Budd and other associated counsel, to litigate and to pursue claims and remedies against certain opioid manufacturers and distributors provided it is in substantially the same form as the agreement presented to the Board of Supervisors; and (2) execute any documents or agreements necessary to pursue the litigation which is the subject of the agreement.

SUMMARY

N/A

DISCUSSION

The County intends to initiate litigation against certain opioid manufacturers and distributors.  After interviewing several firms to handle the litigation, the County Counsel's Office selected Baron & Budd and the other firms associated with Baron & Budd that are identified in the agreement to represent the County in the litigation.  Several other counties have also selected Baron & Budd and the associated counsel to represent them in similar litigation.

Baron & Budd is experienced in handling this type of litigation and experienced in representing public entities.  The firm has the resources to handle the litigation and the agreement terms are favorable.  Under the agreement, there will be no cost to the County if there is no award.

ALTERNATIVES

The Board could choose not to authorize the execution of the agreement or direct that the County Counsel consider other firms.  Neither of these alternatives are recommended as the selection of Baron & Budd and the associated counsel was made after a comprehensive selection process and the firm and the associated counsel have been selected by several other California counties to provide this type of representation. 

OTHER AGENCY INVOLVEMENT

County Counsel has approved the agreement as to form.  Risk Management has reviewed and approved the agreement.  This recommendation has been reviewed by the County Administrative Office.

FINANCING

There is no additional General Fund impact with the approval of this recommendation.