PARK BAR/BRI Settlement

PARK BAR/BRI SETTLEMENT ~ FREQUENTLY ASKED QUESTIONS

PLEASE NOTE: To receive a cash payment under the settlement, you must complete and submit a Claim Form and mail it, postmarked no later than May 15, 2008.

Why Did I Receive The Notice?
What Is The Case About?
Who Are The Defendants?
Who Is The Plaintiff?
What Is The Class Period (Or Am I A Member Of The Class)?
Who Represents Me In The Case?
Why Is This A Class Action?
How Will This Affect Me?
Am I Eligible To Participate and What Do I Have To Do To Participate In The Class Action?
How Do I Exclude Myself From The Class?
What Are The Terms Of The Settlement?
When Will The Settlement Be Approved?
What Are The Changes To The Settlement Agreement?
How Can I Object To The Settlement, Fee Petition and Incentive Award Petition?
What Are The Clarifications To The Terms In The Amendments and The Settlement Agreement?
What Attorneys' Fees and Other Amounts May Be Awarded By The Court?
What If The Settlement Is Approved By The Court And There Are Settlement Funds Remaining?
What Release of Claims Am I Giving?
What If I Have Questions?
If I Filed A Claim Form In The Rodriguez BAR/BRI Class Action and I Believe I Am A Class Member In The Settlement, Am I Required To File A Claim Form In The Settlement?

1. Why Did I Receive The Notice?

You received the Notice to advise you that an amendment to the settlement of the class action litigation that may affect you has been proposed in the lawsuit Anthony S. Park, et al., v. The Thomson Corporation and Thomson Legal and Regulatory, Inc., Case No. 05 Civ. 2931 (WHP), now pending before the United States District Court for the Southern District of New York (the "Court").The amendments do not reopen or otherwise alter in any way the time within which requests for exclusion or objections to any aspect of the Settlement were to have been timely submitted. The amendments, however, do permit Class Members who have not submitted a Claim Form to do so by the extended deadline and permit Class Members who previously requested to be excluded from the Class to rescind their Requests for Exclusion by submitting a valid Claim Form postmarked by the extended deadline of September 18, 2009.

2. What Is The Case About?

Defendants, through the operation of their BAR/BRI division, provide bar review courses throughout the United States, which are aimed at assisting in the preparation for the bar examinations required by the various states and the District of Columbia. In most states and in the District of Columbia, the bar examination consists of the Multistate Bar Examination, developed by the National Conference of Bar Examiners, and a state-specific portion typically developed by each state's Board of Bar Examiners (or equivalent entity). Plaintiff alleges that Defendants violated the federal antitrust laws and the common law of unjust enrichment by, inter alia, illegally tying and/or bundling the purchase of the portions of their BAR/BRI bar examination preparation courses that relate to the MBE, which Plaintiff alleged to be a separate bar examination preparation course, to the purchase from BAR/BRI of the portions of their courses that relate to the state-specific portion of the bar examination, an alleged relevant product market in which Plaintiff alleged that BAR/BRI possessed market power. Plaintiff alleged that this economically forced or coerced purchasers of BAR/BRI preparation courses for the state-specific portion of the bar exam also to purchase from BAR/BRI a separate bar examination preparation course for the MBE. Plaintiff alleges that as a result of this alleged tying or bundling, Defendants thwarted competition and forced consumers to overpay for bar examination preparation courses.

Defendants deny Plaintiff's allegations, and contend that BAR/BRI's conduct was at all times lawful. Defendants contend that BAR/BRI's bar review courses are designed to assist in preparation for all subjects tested on the various bar exams in the time available to most bar exam takers. Defendants also contend that consumers demand an integrated preparation course, that Plaintiff's two-product construct is theoretical and flawed, and that there is no demand for separate "state specific" and "MBE" courses. The Court has not ruled on the merits of any of the claims asserted by Plaintiffs.

3. Who Are The Defendants?

The defendants are: The Thomson Corporation and Thomson Legal and Regulatory, Inc.

4. Who Is The Plaintiff?

Plaintiff is: Anthony S. Park, individually on behalf of himself and on behalf of all others similarly situated and the Court has also appointed him as Class Representative.

5. What Is The Class Period (Or Am I A Member Of The Class)?

On December 18, 2007, the Court granted Plaintiffs' motion for class certification. The certified class is defined as follows:

	All individuals, law firms, or other Persons who have paid the entire cost of one or more qualifying BAR/BRI bar review courses in the United States during the period March 15, 2001 to January 4, 2008, inclusive (the "Class Period").
	Excluded from the Class are all officers, employees, and directors of Defendants, The Thomson Corporation, Thomson Legal & Regulatory, Inc., as well as of their predecessors, past and present affiliates, subsidiaries, directors, officers and employees.

6. Who Represents Me In The Case?

The Court has appointed The Katriel Law Firm and Murray, Frank & Sailer, LLP as Class Counsel.

7. Why Is This A Class Action?

In a Class Action, one or more people, called Class Representatives, sue on behalf of people who have similar claims. All those people are Class Members. One court resolves the issues for all Class Members, except for those who exclude themselves from the Class.

8. How Will This Affect Me?

If you are a Class member, you are being sent the Notice to advise you of your rights and to inform you that there is a settlement pending. If you want to receive money from the Settlement, you need to complete and return the Claim Form. The Claim Form must be postmarked no later than the extended deadline of September 18, 2009.

As a Class Member, you will be bound by all orders and judgments of the Court. Any claims you have against Defendants concerning the allegations summarized in the Notice will be determined by the final resolution of the case. You do not have to pay Class Counsel. If they obtain a recovery from the Defendants, they will ask the Court to order reasonable attorneys' fees and costs to be paid by Defendants or from any funds recovered. If you hire your own attorney, you must pay that attorney. We do ask that you notify the Settlement Administrator, at the address listed in the Contact Information box on the home page, of any changes to your address.

9. Am I Eligible To Participate and What Do I Have To Do To Participate In The Class Action?

You are not required to take any action in response to the Supplemental Notice. If you have not previously excluded yourself from the Settlement and timely submitted a Claim in connection with the Settlement, and you do nothing further, you will receive the benefits to which you are entitled pursuant to the amended terms of the Settlement. If you previously excluded yourself from the Settlement and now wish to rescind your exclusion, you may do so by submitting a valid Claim Form postmarked no later than September 18, 2009. If you are a Class Member who submitted a valid Claim in connection with the Rodriguez settlement, but did not timely submit a Claim in connection with the Settlement in this Action, you will receive your payment from the Settlement Fund without further action by you. If you are a law firm or other employer Class Member that paid for a qualifying BAR/BRI bar review courses on behalf of your employees or prospective employees but did not timely submit a Claim in connection with the Settlement in this Action, and you are reasonably identifiable in BAR/BRI's records, you will receive your payment from the Settlement Fund without further action by you. If you did not timely submit a Claim in connection with the Settlement, and either did not previously exclude yourself from the Settlement or rescinded your exclusion in the manner described above, and are neither a Rodriguez claimant nor a law firm or other employer Class Member, both as described above, you must submit a Claim, postmarked no later than September 18, 2009, to receive your payment from the Settlement Fund.

No additional attorneys' fees are being sought by Plaintiffs' counsel beyond those contemplated by the original settlement. The Court has already held a Final Approval Hearing on April 1, 2008 in connection with the proposed Settlement, and held a follow-up Status Conference on July 6, 2008, during which the instant modifications to the Settlement were presented. Class Members and interested parties were permitted to and did attend both of these hearings. Although no further Court hearing is contemplated in connection with the approval of the Settlement and these modifications, the Court, in its discretion may schedule a further hearing, and may also change the date of any such hearing without prior notice.

If you are an individual and you paid the entire cost of the bar review course(s) you purchased from BAR/BRI yourself, you are the Class Member eligible to receive a payment by submitting a Claim Form.

If a law firm or some other person or organization paid the entire cost of the bar review course(s) you took from BAR/BRI, then the law firm, other person or organization is the Class Member eligible to receive a payment by submitting a Claim Form. Law firms or other payors may submit one Claim Form in respect of multiple courses for which the law firm or other payor paid the entire cost.

If you are eligible (as defined above), you must mail a Claim Form postmarked no later than the extended deadline of September 18, 2009 to the Settlement Administrator at

Park BAR/BRI Settlement Administrator
c/o Complete Claim Solutions, LLC
P.O. Box 24788
West Palm Beach, FL 33416

You may download a copy of the Claim Form, which is available on the appropriate link on this website. If you do not submit a Claim Form, you will not receive any payment as a result of the Settlement, but you will nevertheless be bound by the Settlement and all its term. You may call the Settlement Administrator for assistance completing the Claim Form at 1-877-625-9445.

DO NOT CONTACT THE COURT OR BAR/BRI IN CONNECTION WITH QUESTIONS REGARDING THE CLAIM FORM.

10. How Do I Exclude Myself From The Class?

The deadline has passed to exclude yourself.

11. What Are The Terms Of The Settlement?

Subject to the terms and conditions of the Stipulation and Settlement Agreement (the "Settlement Agreement"), dated November 30, 2007 (which is on file with the Court and available on the appropriate link on this website, Defendants are paying $13 million into an interest bearing escrow account (the "Settlement Fund").

Pursuant to the Settlement Agreement, Defendants have also agreed to: (i) a commitment, more fully described in the Stipulation and Settlement Agreement, that BAR/BRI will offer for sale BAR/BRI Complete Courses, which will be directed toward preparing students for all portions of the various bar examinations; a BAR/BRI MBE Course, which will be directed toward preparing students for the Multistate Bar Examination (the "MBE"); and BAR/BRI State-Specific Courses, which will be directed toward preparing students for the subjects covered in a BAR/BRI Complete Course other than the MBE; (ii) the payment of attorneys' fees and expenses in an amount as awarded by the Court; (iii) the payment of an Incentive Award, if awarded by the Court, not to exceed $5,000 to Plaintiff for his investment of time, effort, and resources on behalf of the Class; and (iv) the establishment of a cy pres fund from the principal balance of the Settlement Fund, if any, remaining after distribution to Class Members and payment of all fees and expenses, which will be used to fund the BAR/BRI Public Interest Law Fund. The BAR/BRI Public Interest Law Fund will be administered by the American Bar Association for the benefit of law students entering or agreeing to enter the public service, subject to verifiable criteria. More detailed information about the terms and provisions of the Settlement and Amendments may be obtained by referring to the Stipulation and Settlement Agreement and Amendments to Stipulation and Settlement Agreement on file with the Court and available on the appropriate links on this website.

The settlement is a compromise of disputed claims. It is not an admission of liability by any party. The Court has not made a final determination regarding any of Plaintiff's claims or Defendants' defenses.

12. When Will The Settlement Be Approved?

A Final Settlement Hearing was conducted before the District Court on April 1, 2008. The District Court ordered Class Counsel to provide the District Court with additional information regarding the status of claims made in connection with the Settlement as well as information regarding claims made in connection with the settlement of another class action lawsuit involving BAR/BRI, Rodriguez v. West Publishing Corporation, et al., No. CV 05-3222 R (MCx) (C.D. Cal.). Class Counsel provided the District Court with this information on June 6, 2008.

On June 30, 2008, a status conference was held before the District Court, during which Class Counsel suggested certain amendments to the Settlement. In accordance with the Court's instructions, the Parties agreed by joint stipulation dated July 28, 2008 to the following amendments ("Amendments") to the Settlement.

13. What Are The Changes To The Settlement Agreement?

The changes described below are the only changes that have been proposed with respect to the Settlement in this case, which remains in all other respects exactly as described in the Notice. The Amendments to the Settlement are designed to allocate the maximum amount of the proceeds of the Settlement to Class Members.

Removal of the $40 "Cap" on Payments Under the Settlement

The Settlement originally provided for a payment of not less than $30 to each Authorized Claimant per Approved Claim, subject to a maximum payment, or "cap," of $40 per Approved Claim. The Amendments remove this $40 cap, which means that, if the District Court approves the Settlement, the exact amount of the payment to each Authorized Claimant under the Settlement, as amended, will be equal to the balance of the Settlement Fund remaining after payment of all fees, costs and expenses approved by the Court, divided by the total number of Approved Claims, even if that amount exceeds $40 per Approved Claim. The Amendments also provide that in the event that, after all Claims have been paid, there remains any residual amount remaining in the Settlement Fund (such as funds representing Class Member checks that are not cashed) the Court may approve disbursal of any such remaining funds to the BAR/BRI Public Interest Fund as part of a cy pres contribution.

Reopening the Period for Claims to Be Timely Submitted and for Rescission of Requests for Exclusion to be Submitted in Writing

As detailed in the Notice, the Settlement originally provided that in order to participate in the Settlement, Class Members were required to submit Claim Forms, which were appended to the Notice, postmarked no later than May 15, 2008. In order to exclude themselves from the Class, Class Members were required to do so in writing, postmarked no later than March 6, 2008. The Amendments reopen the period for Class Members timely to submit Claim Forms, provided that any Claim Form submitted is postmarked no later than September 18, 2009. Any Class Member who previously submitted a Request for Exclusion from the Class by the March 6, 2008 deadline, may have that Request for Exclusion rescinded by submitting a Claim Form that is postmarked no later than September 18, 2009. A Class Member who has previously submitted a Request for Exclusion that was postmarked by March 6, 2008 and does not submit a Claim Form by the extended deadline of September 18, 2009, will remain excluded from the Class, not be bound by the Settlement, no longer be represented by Class Counsel, and will not be eligible to partake in any of the benefits of the Settlement.

Payments to Class Members Who Are Also Claimants in the Rodriguez Class Action Settlement

The Settlement originally provided that only Class Members who had timely submitted Claim Forms would be eligible to receive a payment from the Settlement Fund. The Amendments provide that, in addition to these Class Members, certain Class Members who did not submit or timely submit Claim Forms will also receive a payment from the Settlement Fund. Pursuant to the Amendments, any Class Member who filed a valid Claim in connection with the settlement in Rodriguez v. West Publishing Corporation, et al., No. CV 05-3222 R (MCx) (C.D. Cal.), but who did not file or timely file a Claim Form in connection with the Settlement, will receive payments from the Settlement Fund for qualifying courses purchased.

Payments to Law Firms and Other Corporate Class Members

Pursuant to the Amendments, any law firm or other employer Class Member that paid for qualifying BAR/BRI bar review courses on behalf of its employees or prospective employees and that is reasonably identifiable in BAR/BRI's records will receive payments from the Settlement Fund for the qualifying BAR/BRI bar review courses that it purchased, regardless of whether that Class Member filed or timely filed a Claim Form in connection with the Settlement, as originally required by the Settlement Agreement.

Exclusion of Claims in the Stetson Case

The Settlement originally provided that the Release in the Settlement would not release claims asserted on behalf of Class Members in Rodriguez v. West Publishing Corporation, et al., No. CV 05-3222 R (MCx) (C.D. Cal.). The Amendments provide that Sections 8.1 - 8.3 of the Stipulation and Settlement Agreement shall not release claims alleged in the complaint in Stetson, et al. v. West Publishing Corp., et. al., No. CV 08 00810 R MCx (C.D. Cal.), filed on February 6, 2008. The Release in the Settlement also would not release claims asserted on behalf of class members in Rodriguez v. West Publishing Corporation, et al., No. CV 05-3222 R (MCx) (C.D. Cal.).

14. How Can I Object To The Settlement, Fee Petition and Incentive Award Petition?

The deadline has passed to object to the Settlement.

15. What Are The Clarifications To The Terms In The Amendments and The Settlement Agreement?

The Amendments explain that, as used in the Amendments and the Settlement Agreement, the following terms have the following meanings. The term "qualifying BAR/BRI bar review course" means a bar review course offered during the Class Period by BAR/BRI designed to prepare for any U.S. bar examination, not including the BAR/BRI Patent Bar course. A BAR/BRI bar review course that would otherwise be a "qualifying" course is not a "qualifying" course for purposes of the Settlement if it was purchased by any director, officer, or employee of defendants. The term "paid for in full by the Class Member" is intended primarily to describe either the situation in which (i) an individual paid the entire non-refundable cost of a BAR/BRI bar review course or courses or (ii) the situation in which a Class Member, such as a law firm or other employer, paid the entire non-refundable cost of a BAR/BRI bar review course or courses on behalf of employees or prospective employees.

16. What Attorneys' Fees and Other Amounts May Be Awarded By The Court?

All of the costs, fees, and expenses related to this Lawsuit are to be paid out of the Settlement Fund, except as set forth in the Stipulation and Settlement Agreement. Class Counsel has not received any payment for their services in prosecuting this case, nor have they been reimbursed for any out of pocket expenses. Class Counsel has fully funded all expenses incurred by Plaintiff on behalf of the putative class in prosecuting this Lawsuit. Class Counsel will apply to the Court for an award of attorneys' fees and expenses. So long as Class Counsel does not move for a Fee and Expense Award exceeding 25% of the Settlement Amount, not including an allocation of interest on the Settlement Fund as provided in § 3.8 of the Stipulation and Settlement Agreement, Defendants will not oppose Class Counsel's request. Class Counsel will apply to the Court for an incentive award to Plaintiff Anthony Park in an amount not to exceed $5,000, to be paid from the proceeds of the Settlement Fund, as recognition of the time, effort, and resources expended by Plaintiff in prosecuting this Lawsuit on behalf of the Class. Class Counsel's application for attorneys' fees and expenses and for an incentive award to Plaintiff Anthony Park will be available for inspection in the files maintained by the Clerk of the United States District Court for the Southern District of New York, after they are filed with the Court.

17. What If The Settlement Is Approved By The Court And There Are Settlement Funds Remaining?

If approved by the Court, the balance of the Settlement Fund remaining after payment of all Claims, administrative fees and expenses and attorneys' fees and expenses will constitute a cy pres award to the BAR/BRI Public Interest Law Fund, to be administered by the American Bar Association. The BAR/BRI Public Interest Law Fund will provide monetary aid to law students entering or agreeing to enter the public service or law school graduates who have entered the public service, subject to verifiable criteria. In no event shall a cy pres distribution be used directly or indirectly to compensate Defendants or their affiliates.

18. What Release of Claims Am I Giving?

The Settlement Agreement provides a full and complete release by each Class Member and his or her heirs, successors and assigns to Defendants and their subsidiaries and affiliates, and each of their present and former officers, directors and employees, and any predecessor or successor firm, from any and all actions and/or causes of action, suits, obligations, etc., whether or not asserted in the above-captioned action, with respect to bar review courses purchased from March 15, 2001 through January 4, 2008.

Notwithstanding the foregoing, the release shall not apply to claims asserted in the Rodriguez v. West Publishing, et. al., No. 05-cv-3222-R-Mcx (C.D. Cal.) action. Further, the release will not bar any action or claim to enforce the terms of the Stipulation and Settlement Agreement. (Refer to the Settlement Agreement link on this website for a complete text of the Release.)

19. What If I Have Questions?

You may read the documents at the links on the right, call the Settlement Administrator at 1-877-625-9445, or write to Class Counsel at Roy A. Katriel, Esq., The Katriel Law Firm, 1101 30th Street, NW Suite 500, Washington, DC 20007. All Court records may be examined in person and copied at the Clerk's office, United States District Court, Southern District of New York. You may also send an email inquiry to Info@ParkBarbriSettlement.com.

20. If I Filed A Claim Form In The Rodriguez BAR/BRI Class Action and I Believe I Am A Class Member In The Settlement, Am I Required To File A Claim Form In The Settlement?

Pursuant to the Amendments, any Class Member who filed a valid Claim in connection with the settlement in Rodriguez v. West Publishing Corporation, et al., No. CV 05-3222 R (MCx) (C.D. Cal.), but who did not file or timely file a Claim Form in connection with the Settlement, will receive payments from the Settlement Fund for qualifying courses purchased.