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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”). 

About 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.”

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(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.

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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. 

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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.

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About Cohen & Gresser LLP

Cohen & Gresser LLP is an international law firm with offices in New York, Paris, Washington, DC, and London. It has an outstanding record of success in high-stakes and high-profile litigation, investigations, and transactions for our clients, including major financial institutions and companies across the world. Its attorneys have superb credentials and are committed to providing the efficiency and personal service of a boutique law firm along with the quality and attention to detail that are the hallmarks of the best firms in the world.

The firm has been recognized in a wide range of publications, including Chambers, The Legal 500, Global Investigations Review, Managing IP, U.S. News & World Report’s “Best Law Firms,” Décideurs, and Benchmark Litigation. It has also been named to The National Law Journal’s “Midsize Hot List” and the BTI Client Service A-Team, and over half of its U.S.-based attorneys have been recognized by Super Lawyers.

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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.

Baker Donelson office

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.

Complete the Assignment


How might I benefit from assigning my legal claims?

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?

The attorneys at Berger Montague PC, Cohen & Gresser LLP, and Baker Donelson PC represent the Trust LLC. The attorneys and the Trust LLC will investigate potential claims based on PBM Claims and litigate claims on behalf of the participating pharmacies.

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 You may also consult outside counsel for advice, including about the assignment of claims to the Trust.

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.

Is arbitration different from class litigation?

Yes. The two are different. Two of the three Firms have brought a class action to try to recover DIR fees from CVS Caremark. You do not need to take any action now to benefit from that class action if it is successful. If you would like to provide your contact information to those lawyers, you can do so here. The Trust LLC is designed to bring separate arbitrations to recover DIR fees and other PBM Claims. You should sign up on this site if you want the Trust LLC to consider bringing an arbitration on your behalf. 

Complete the assignment agreement

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