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 This Notice?
What Is This 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 This 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 This Class Action?
How Do I Exclude Myself From The Class?
If I Exclude Myself From The Class, Can I File A Claim Form?
What Are The Terms Of The Settlement?
When Will The Settlement Be Approved?
How Can I Object To The Settlement, Fee Petition and Incentive Award Petition?
If The Settlement Is Approved At The Final Settlement Hearing, What Distribution of the Net Settlement Fund will I receive?
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 this Settlement, am I required to file a Claim Form in this Settlement?
I filed a Claim Form in the Rodriguez BAR/BRI Class Action. What is the status of my Claim?

1. Why Did I Receive This Notice?

You received this Notice to advise you that you may be affected by a proposed settlement of 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").

2. What Is This 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 This 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 this Notice to advise you of your rights and to inform you that there is a settlement pending. If you want to receive money from this Settlement, you need to complete and return the Claim Form. The Claim Form must be postmarked no later than May 15, 2008.

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 this 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. You may also seek the Court's permission to intervene or personally appear in the action. We do ask that you notify the Settlement Administrator at the address listed below of any changes to your address.

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

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 May 15, 2008 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 and also do not submit a Request for Exclusion, you will not receive any payment as a result of the Settlement, but you will nevertheless be bound by the Settlement and all its terms, including the Release described in Part IV of this Notice (if the Court approves the Settlement). 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?

If you wish to exclude yourself from the Class, you must do so in writing by mailing a Request for Exclusion via First Class United States Mail, postage prepaid, to the Settlement Administrator, at the following address: Park BAR/BRI Settlement Administrator, c/o Complete Claim Solutions, LLC, P.O. Box 24788, West Palm Beach, FL 33416. Your request for exclusion must be postmarked no later than March 6, 2008 (the "Opt-out Deadline"), and must include (a) your name; (b) if different, the name under which you registered for a BAR/BRI course or courses; your current address; the bar examination(s) with regard to which you purchased a BAR/BRI bar examination preparation course, and the date of your purchase. You should also provide your BAR/BRI identification number, if you know it. DO NOT CONTACT BAR/BRI FOR INFORMATION IN CONNECTION WITH COMPLETING A REQUEST FOR EXCLUSION.

11. If I Exclude Myself From The Class, Can I File A Claim Form?

No. If you exclude yourself from the Class, you will (a) not receive any compensation or other benefit from the Settlement; (b) no longer be represented by Class Counsel; and (c) not be bound by the Settlement.

12. 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 may be obtained by referring to the Stipulation and Settlement Agreement on file with the Court and available on the appropriate link on this website.

The proposed 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.

13. When Will The Settlement Be Approved?

A hearing is scheduled to be held on April 1, 2008 at 11:00 a.m. before the Honorable William H. Pauley, III, at the United States District Court for the Southern District of New York at 500 Pearl Street, New York, New York, 10007 (the "Final Settlement Hearing").

The purpose of the Final Settlement Hearing will be: (1) to determine whether the proposed Settlement is fair, reasonable, adequate, and in the best interests of the Class, and should be approved; (2) to approve a plan to allocate the Settlement Fund among the Class; (3) to consider the application of Class Counsel for an award of attorneys' fees and expenses, and the application filed on behalf of the Plaintiff for an incentive award; and (4) to consider whether the cy pres provisions of the Settlement should be approved. The Court may continue or reschedule the hearing without further notice.

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

Any member of the Class who does not opt out of the Class by properly and timely mailing a written request for exclusion postmarked no later than the Opt-out Deadline may appear at the Final Settlement Hearing in person or by duly authorized attorney and show cause why the Settlement should not be approved as fair, reasonable, and adequate, or to oppose or comment on any other subject of the Hearing, including the request for fees and expenses submitted by Class Counsel and/or the request for an incentive award filed on behalf of Plaintiff Anthony Park, provided that no paper or brief submitted by any such person shall be received or considered by the Court, unless on or before March 6, 2008, a notice of intention to appear and a statement of the position to be asserted and the grounds therefor, together with copies of any supporting papers or briefs is filed with the Office of the Clerk, United States District Court for the Southern District of New York. Such notice must include in a prominent location the name of the case, the case number, and the Judge's name. You must send a copy of those papers, postmarked no later than March 6, 2008 to Class Counsel: Roy A. Katriel, Esq., The Katriel Law Firm, 1101 30th Street, NW Suite 500, Washington, DC 20007, and to Defendants' counsel: James P. Tallon, Esq., Shearman & Sterling LLP, 599 Lexington Avenue, New York, New York 10022.

Except as provided herein, no person shall be entitled to contest the terms and conditions of the Settlement, award of attorneys' fees and expenses, or incentive award, and persons who fail to object as provided herein shall be deemed to have waived and shall be forever foreclosed from raising any such objections. You need not appear at the Hearing in order to object or endorse the proposed Settlement.

15. If The Settlement Is Approved At The Final Settlement Hearing, What Distribution of the Net Settlement Fund will I receive?

If the proposed settlement is approved by the Court and becomes final, claims filed by Class Members, such that each eligible Class Member timely filing a Claim Form by May 15, 2008, the Claims Deadline, will receive a payment of not less than $30 and not more than $40, with the exact amount to be determined by the Settlement Administrator and Class Counsel (in accordance with the Final Order and Judgment) after the expiration of the claims deadline, based upon the total number of claims filed, the number of Class Members seeking exclusion from the Class and the balance of the Settlement Fund after payment of all fees and expenses approved by the Court.

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 have not received any payment for their services in prosecuting this case, nor have they been reimbursed for any out of pocket expenses. Class Counsel have 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 do 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, subject to verifiable criteria.Notwithstanding language in the long-form notice, the Stipulation and Settlement Agreement submitted to the Court does not provide that such monetary aid will be available to law school graduates who have entered public service. 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 ParkBarbri@CompleteClaimSolutions.com.

20. If I filed a Claim Form in the Rodriguez BAR/BRI Class Action and I believe I am a class member in this Settlement, am I required to file a Claim Form in this Settlement?

Yes, you must file a Claim Form to remain a member of this Park BAR/BRI Settlement.

21. I filed a Claim Form in the Rodriguez BAR/BRI Class Action. What is the status of my Claim?

Distribution is anticipated to occur during the second quarter of 2008, pending the resolution of all appeals.