Kaplan Fox, also known as Kaplan Fox & Kilsheimer, is an American plaintiffs' law firm. Founded in 1955, the firm employees 39 lawyers in offices in New York, San Francisco, Los Angeles, Chicago, and New Jersey.
In 2014, ''The New York Times'' wrote that Kaplan Fox was part of "a flourishing industry that pairs plaintiffs' lawyers with state attorneys general to sue companies, a collaboration that has set off a furious competition between trial lawyers and corporate lobbyists to influence these officials." The firm has been a major donor to state attorneys general associations, candidates, state party committees, and attorneys general running for governor.
In 2020, Kaplan Fox brought class action litigation against financial trading platform
Robinhood Markets
Robinhood Markets, Inc. is an American financial services company headquartered in Menlo Park, California, that facilitates commission-free trades of stocks, exchange-traded funds and cryptocurrencies as well as individual retirement accounts ...
. Along with another law firm, Kaplan Fox spearheaded coordination among the plaintiffs' firms that filed various class action lawsuits, urging the firms to consolidate in federal court. They asked U.S. District Judge
James Donato
James Joseph Donato (born July 29, 1960) is a United States district judge of the United States District Court for the Northern District of California.
Biography
Donato was born on July 29, 1960, in Pasadena, California. He received a Bachelor o ...
to appoint them interim counsel and to name an executive committee of nine attorneys from different plaintiffs' law firms. Donato rejected the proposed leadership structure due to its lack of diversity, citing the fact that all of the proposed representatives were men. Donato also said the proposed list included many lawyers and law firms that are frequently involved in class actions and
multidistrict litigation
In United States law, multidistrict litigation (MDL) refers to a special federal legal procedure designed to speed the process of handling complex cases, such as air disaster litigation or complex product liability suits.
Description
MDL cases oc ...
(MDL), and "that experience might benefit the prospective class, but highlights the 'repeat player' problem in class counsel appointments that has burdened class action litigation and MDL proceedings."
In July 2021, Kaplan Fox filed a consumer class action lawsuit against
Honda
is a Japanese public multinational conglomerate manufacturer of automobiles, motorcycles, and power equipment, headquartered in Minato, Tokyo, Japan.
Honda has been the world's largest motorcycle manufacturer since 1959, reaching a product ...
, alleging some of their cars have defective batteries.
Kaplan Fox represented a class of litigants who sued
Apple Inc.
Apple Inc. is an American multinational technology company headquartered in Cupertino, California, United States. Apple is the largest technology company by revenue (totaling in 2021) and, as of June 2022, is the world's biggest company b ...
over
iPhone battery life, obtaining a $310 million settlement. The class action lawyers in the case received an $81 million fee award. In an ''amicus'' brief filed in the
9th Circuit Court of Appeals
The United States Court of Appeals for the Ninth Circuit (in case citations, 9th Cir.) is the U.S. federal court of appeals that has appellate jurisdiction over the U.S. district courts in the following federal judicial districts:
* District o ...
, attorneys general for 13 states challenged the lawyers' fees. The attorneys general said that class counsel from Kaplan Fox and Cotchett, Pitre & McCarthy deserved no more than their lodestar billing of $36 million.
The fee award was also challenged by some members of the class action lawsuit, who argued that the 26% award was excessive. The
United States Department of Justice
The United States Department of Justice (DOJ), also known as the Justice Department, is a federal executive department of the United States government tasked with the enforcement of federal law and administration of justice in the United State ...
urged "the judge to remember that every dollar awarded to class counsel is a dollar that consumers will not receive."
[ Class members were expected to receive $25 for each iPhone owned.]
References
{{reflist
Law firms established in 1955
Privately held companies of the United States
Law firms based in New York City