Notice of Class Action Settlement
NORTHERN DISTRICT OF CALIFORNIA
In re: Orrick, Herrington & Sutcliffe LLP Data Breach Litigation
Case No. 3:23-cv-04089-SI
If your personal information was accessed, compromised, or impacted in a data breach announced by Orrick, Herrington & Sutcliffe LLP, you are eligible for benefits from a class action settlement.
A court authorized this notice. This is not a solicitation from a lawyer.
A settlement has been proposed (the “Settlement” or “Settlement Agreement”) with Orrick, Herrington & Sutcliffe LLP (“Orrick”) in a class action lawsuit about a security incident impacting Orrick (the “Data Breach”). This notice summarizes the proposed Settlement. If you are a Settlement Class Member, there are benefits available to you from the proposed Settlement. The Settlement includes all individuals residing in the United States who were sent notice of the Orrick Data Breach. The easiest way to submit a claim under the Settlement is on this website under File a Claim.
For the precise terms of the settlement agreement, please visit the Case Documents section of this website; contact Class Counsel, Federman & Sherwood, at 405-235-1560; access the Court’s docket in this case, for a fee, through the Court’s Public Access to Court Electronic Records (PACER) system at https://ecf.cand.uscourts.gov; or visit the office of the Clerk of the Court for the United States District Court for the Northern District of California at San Francisco Courthouse, 450 Golden Gate Avenue, San Francisco, CA 94102 or any of its locations (available at https://cand.uscourts.gov/about/locations/), Monday through Friday between 9 AM and 4 PM, excluding Court holidays. PLEASE DO NOT TELEPHONE THE COURT OR THE COURT CLERK’S OFFICE TO INQUIRE ABOUT THIS SETTLEMENT OR THE CLAIM PROCESS.
The Settlement provides payments and other benefits to people who submit valid claims for lost time, certain documented out-of-pocket expenses, and additional credit monitoring services. More specifically, the settlement relief includes:
- Compensation for Lost Time: If you spent time addressing issues relating to the Data Breach, you can make a claim for reimbursement for up to 5 hours of time at a rate of $25.00/hour. To submit a valid claim, you must represent that the time and/or effort spent was incurred as a result of the Data Breach.
- Credit Monitoring: Orrick previously offered 24 months of credit monitoring services with its initial notice of the Data Breach. With this Settlement, you can submit a claim for three additional years of three-bureau credit monitoring services, including $1 million in identity theft insurance.
- Compensation for Out-of-Pocket Expenses: If you have incurred actual, unreimbursed expenses as a result of the Data Breach, you can make a claim for reimbursement for up to $2,500.00. Examples of actual, unreimbursed losses include: (i) costs and expenses spent addressing identity theft or fraud; (ii) preventative costs including purchasing credit monitoring, placing security freezes on credit reports, or requesting copies of credit reports for review; and (iii) other documented losses that were not reimbursed. You must include documentation to support that the out-of-pocket expenses were the result of the Data Breach.
- Compensation for Documented Extraordinary Loss: If you experienced out-of-pocket losses for actual identity theft or fraud and submit documentation to support that such losses are the result of the Data Breach, you can make a claim for up to $7,500.00.
- CCPA Payment: If you are a California resident, you can make a claim for a payment of $150.00 in recognition of your claims under the California Consumer Privacy Act.
- Alternative Cash Payment: In lieu of submitting a claim for lost time, out-of-pocket expenses, or extraordinary loss, you may submit a claim for a $75.00 Alternative Cash Payment.
ALL BENEFITS (AND THE AMOUNT PAID TO SETTLEMENT CLASS MEMBERS UNDER THIS SETTLEMENT) MAY BE HIGHER OR LOWER DEPENDING ON THE TOTAL AMOUNT OF APPROVED CLAIMS.
Your legal rights are affected even if you do nothing. Read this notice carefully.
YOUR LEGAL RIGHTS AND OPTIONS IN THIS SETTLEMENT |
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FILE A CLAIM FOR SETTLEMENT BENEFITS |
You must submit a Claim Form in order to receive credit monitoring, CCPA Payments, Alternative Cash Payments and compensation for lost time and out-of-pocket expenses. Your Claim Form must include your Unique Class Member ID found on the postcard notice sent to you or available from the Settlement Administrator. For more detailed information, see Fequently Asked Questions. DEADLINE: OCTOBER 28, 2024 |
EXCLUDE YOURSELF FROM THE SETTLEMENT |
You can exclude yourself from the Settlement by informing the ettlement Administrator that you want to “opt out” of the Settlement. If the Settlement becomes final, this is the only option that allows you to retain your rights to separately sue Orrick (or any other Released Parties) for claims related to the Data Breach. If you opt out, you may not make a claim for benefits under the Settlement. For more detailed information, see Fequently Asked Questions. DEADLINE: SEPTEMBER 30, 2024 |
OBJECT TO OR COMMENT ON THE SETTLEMENT |
You may object to the Settlement by writing to explain to the Court why you don’t think the Settlement should be approved. If you object, you will remain a Settlement Class Member, and if the Settlement is approved, you will be eligible for the benefits of the Settlement and give up your right to sue Orrick (or any other Released Parties) for claims related to the Data Breach, as described in the Settlement Agreement available under the Case Documents section of this website. For more detailed information, see Fequently Asked Questions. DEADLINE: SEPTEMBER 30, 2024 |
DO NOTHING |
If you do nothing, you will not be entitled to any of the above-listed benefits. If the Settlement becomes final, you will give up your rights to sue Orrick (or any other Released Parties) separately for claims relating to the Data Breach or to continue to pursue any such claims you have already filed. |
These rights and options – and how and when you need to exercise them – are explained in this notice.
The Court that is presiding over this case still has to decide whether to grant final approval of the Settlement. Payments will be made only after the Court grants final approval of the Settlement and after any appeals are resolved.