Welcome to the National Community Pharmacists Association (NCPA) website dedicated to recovering DIR fees from large PBMs. We created an entity doing business as the Team for Recouping Unfair Sham Terms (“Trust LLC”) and retained three highly respected law firms (“Firms”).
The cutoff for assigning your claims to the TRUST LLC for Optum Rx and Prime is June 30. If you are already a TRUST LLC participant, this message is not for you. This is also not the deadline for submitting your claims data. This is for owners who have not yet signed up to be a participant in the TRUST LLC.
Arbitration
The Trust LLC has retained the Firms to investigate legal claims against PBMs. They plan to argue that the PBMs have market power and use it to force pharmacies to pay unfair DIR fees and receive reimbursements that are collusive. The Firms believe the DIR fees violate federal antitrust and contract law and that other agreements between PBMs may be anticompetitive. The claims that the law firms are investigating are called “PBM Claims.”
(1) Arbitration:
The Trust LLC plans to investigate and potentially pursue individual arbitrations on behalf of independent pharmacies. Arbitration is a method of resolving disputes outside of court. The Trust LLC has developed a process for pharmacies to benefit from arbitrating against PBMs. That process involves pharmacies assigning their legal claims regarding PBM Claims to an entity doing business as the Team for Recouping Unfair Sham Terms (“Trust LLC”). If you want to learn more click here: Assignment. If you want to assign your claims now, click on Sign Up.
The Trust LLC and the Firms are not promising to bring an arbitration for your benefit nor are they promising success if they do bring an arbitration.
(2) Class Litigation:
Two of the three Firms have filed a class action against CVS Caremark in federal court seeking to recover DIR fees for pharmacies. Those Firms are considering filing one or more additional class actions. You do not need to sign up on this website or take any other action now to benefit from the class litigation if it succeeds. If you want to provide your information to the Firms pursuing the class litigation so they can contract you, you can do so here.
Assignment
Assigning your legal claims would empower the Trust LLC to make decisions on your behalf. Those decisions include what legal strategies to pursue, whether to initiate arbitration, whether to settle, on what terms to settle, and whether to participate in any class litigation. Pharmacies that assign their legal claims will not have to pay any money upfront if the Trust LLC decides to initiate arbitration on their behalf.
They could, however, have to participate in the arbitration, such as by providing information and appearing before the arbitrators. If the arbitration is successful on behalf of a pharmacy, the Trust LLC will pay the Firms’ fees and costs out of the recovery. The remaining money will go to the prevailing pharmacy. The Trust LLC and the NCPA will not profit from the arbitration, but they will be compensated for costs they front on your behalf. If you want to assign your claims now, click on Sign Up. The Trust LLC and the Firms are not promising to bring an arbitration for your benefit nor are they promising success if they do bring an arbitration.
About the attorneys
About Berger Montague PC
Berger Montague PC is a full-spectrum class action and complex civil litigation firm, with nationally known attorneys who are highly sought after for their legal skills. It has offices in Minneapolis, Philadelphia, San Diego, San Francisco, and Washington, D.C. The firm has been recognized by courts throughout the country for its ability and experience in handling major complex litigation. The National Law Journal has repeatedly selected Berger Montague for its “Hot List” of top plaintiffs-oriented litigation firms in the United States, and as consisting of “Elite Trial Lawyers.” The firm has also achieved the highest possible rating by its peers and opponents as reported in Martindale-Hubbell and was ranked as a 2021 “Best Law Firm” by U.S. News – Best Lawyers.
In complex litigation, particularly in areas of class action litigation, Berger Montague has established new law and forged the path for recovery. The firm has been involved in a series of notable cases, some of them among the most important in the last 50 years of civil litigation. The firm was among the principal trial counsel in the Exxon Valdez Oil Spill litigation in Anchorage, Alaska, a trial resulting in a record jury award of $5 billion against Exxon, later reduced by the U.S. Supreme Court to $507.5 million. Similarly, in the Holocaust Victim Assets Litigation, the firm helped to achieve a $1.25 billion settlement with the largest Swiss banks on behalf of victims of Nazi aggression whose deposits were not returned after the Second World War.
About Zaiger Linden Roberti LLC
Zaiger Linden Roberti LLC is a unique law firm providing an alternative model of first-tier business litigation aimed at aligning incentives with our clients to create superior returns. The Firm was formed in 2019 to serve as special litigation counsel to Connecticut-based alternative asset manager Black Diamond Capital Management, L.L.C. and to litigate high-stakes cases on behalf of Black Diamond, its managed funds, portfolio companies, affiliates, investment partners, and others.
Zaiger Linden Roberti LLC — which frequently partners with some of the nations’ top trial-lawyers — litigates a spectrum of complex business disputes throughout the country including prosecuting and defending lawsuits for breach of fiduciary duty, claims against corporate officers and directors, breach of contract, equitable subordination, and fraudulent transfer claims.
About Baker Donelson
For 130 years, Baker Donelson PC has built a reputation for achieving results for its clients, both nationally and internationally, on a wide range of legal matters. While providing legal services is its focus, it is how it delivers them that sets it apart. Its goal is to provide clients with more than what they have come to expect from a law firm.
The firm’s unique approach to providing legal and policy services is enabled by its extensive support structure. As the 82nd largest law firm in the U.S., Baker Donelson gives clients access to a team of more than 650 attorneys and public policy advisors representing more than 30 practice areas, all seamlessly connected across 22 offices to serve virtually any legal and policy need. The firm provides its clients a global network of local counsel and other professionals, and has helped its clients take advantage of global opportunities in more than 90 countries spanning six continents. Clients receive informed guidance from experienced, multi-disciplined industry and client service teams. The firm’s federal and state public policy groups provide sound policy advice and comprehensive tracking services, keeping clients up-to-date on critical legislative and regulatory developments. Its diversity and women’s initiatives ensure a welcoming and inclusive environment for its people, perspectives and experiences. Technology helps it operate more effectively and efficiently by providing instant access to client-specific information and other key resources.
Baker Donelson has a nationally-ranked health care practice handling significant matters in all 50 states.
Sign Up
If you want your pharmacy to assign its legal claims to Trust LLC, please review and complete the Assignment Form. An individual with authority to sign on behalf of the pharmacy (e.g., owner, general partner, or CEO) must complete the Assignment agreement. The Trust LLC and the Firms are not promising to bring an arbitration for your benefit nor are they promising success if they do bring an arbitration.
We are not taking Optum PUNCH claims at this time. Please do not sign up for the TRUST LLC if you have PUNCH claims without first contacting PBMLitigation@bm.net”
FAQs
What is the Trust LLC?
The NCPA created an LLC (“Trust LLC”) designed to streamline the process for pharmacies to arbitrate their legal claims related to DIR fees against the major PBMs.
Pharmacies may assign their legal claims to the Trust LLC. The attorneys representing the Trust LLC (Berger Montague PC, Zaiger Linden Roberti LLC, and Baker Donelson PC) will investigate and, if appropriate, arbitrate the legal claims assigned to the Trust. Participating pharmacies may benefit from the strength in numbers and coordinated legal strategy implemented by the Trust.
How might I benefit from assigning my legal claims to the Trust LLC?
The Trust LLC allows participating pharmacies to take part in a large-scale, coordinated legal strategy against the major PBMs.
In addition, the Trust LLC may initiate arbitration on your behalf. If it does, and the arbitration is successful, the Trust LLC will pay the Firms for their fees, and costs incurred by both the Firms and the Trust LLC, and then pay the remaining money to your pharmacy. The Trust LLC and NCPA will not profit from the arbitration.
Who would represent me if I assign my claims to Trust LLC?
The attorneys at Berger Montague PC, Zaiger Linden Roberti LLC, and Baker Donelson PC represent the Trust LLC.
What will this cost me?
The attorneys will represent the Trust LLC on a contingency basis, meaning they will get paid only if the Trust LLC obtains a monetary recovery. If the Trust LLC does not obtain any money, participating pharmacies will not pay attorney’s fees or costs, or costs incurred by the Trust LLC. If the Trust LLC does obtain a monetary recovery, costs will be taken out of the recovery and the attorneys will receive a contingency fee (identified in the assignment agreement). In this way, the attorneys are undertaking substantial financial risk by pursuing these claims, and the contingency fee agreement aligns the lawyers’ interests with those of the participating pharmacies.
How much money can I hope to recover?
Legal investigations and arbitration are unpredictable. You may not obtain any recovery at all. On the other hand, you may recover a significant portion of the DIR fees that you paid to the large PBMS. What we can say is that the Trust and the Law Firms will do their best to obtain compensation on behalf of the pharmacies that assign their claims to the Trust LLC.
What is arbitration? Is it different from class action litigation?
Yes. Arbitration is different from class action litigation.
Arbitration is a process for settling legal disputes outside of the courtroom. In arbitration, parties agree to present evidence to a neutral third-party, called an arbitrator, who will decide the outcome of the case. The Trust LLC is designed to facilitate arbitration against the major PBMs. You should assign your claims through this site if you want the Trust LLC to consider bringing an arbitration on your behalf.
Class action litigation, on the other hand, is a lawsuit filed in court on behalf of a proposed class of individuals or entities that have suffered common injuries as a result of the same conduct. Two of the three law firms have brought class action lawsuits to try to recover DIR and related fees from CVS Caremark, Optum, and ESI. You do not need to take any action now to benefit from those class actions.
I’m concerned about retaliation.
We understand and take seriously participating pharmacies’ concerns about retaliation. By joining the Trust LLC, a pharmacy will become part of a large, nationwide effort to take on the major PBMs, rather than doing so alone. While the Trust LLC will provide strength in numbers, participating pharmacies should report any potential retaliatory conduct from the PBMs by emailing pbmlitigation@bm.net. The attorneys representing the Trust LLC will evaluate claims of retaliation and can take appropriate legal action. This may include moving for relief in the arbitrations or related litigations, or raising additional claims based on the retaliation.
Who can complete the Assignment Agreement to Trust LLC?
An individual with authority to assign a legal claim on behalf of the pharmacy, such as the owner, general partner, or CEO, can compete the Assignment Agreement.
I’ve assigned my claims to Trust LLC. How can I receive a copy of my signed agreement?
If you completed an Assignment Agreement through DocuSign, you were automatically emailed a copy of the signed form upon completion. Check your spam. To request an additional copy, email pbmlitigation@bm.net.
I sold or closed my pharmacy. Can I still assign my claims to Trust LLC?
If you sold or closed your pharmacy, you may still have the right to assign your claims to Trust LLC, depending on the year the pharmacy was sold or closed, and whether you retained the right to assert legal claims on the pharmacy’s behalf. Please contact PBMLitigation@bm.net with further questions.
Whom should I call if I have questions?
If you have questions about the assignment of claims to the Trust LLC or about the arbitration generally, please contact PBMLitigation@bm.net. You may also consult outside counsel for advice, including about the assignment of claims to the Trust.
Complete the assignment agreement
