EXHIBIT 12 

Case: 1:20-cv-04699 Document #: 11-13 Filed: 08/27/20 Page 1 of 14 PageID #:182
Sunday, August 23, 2020 at 12:14:13 PM Central Daylight Time

Page 1 of 12

Subject: RE: TikTok Plain-ffs' Counsel Meet and Confer

Date: Friday, August 21, 2020 at 2:00:17 PM Central Daylight Time

From: Katrina Carroll

To: Ekwan E. Rhow, dgirard@girardsharp.com, jelias@girardsharp.com, apolk@girardsharp.com,

Benjamin F. Johns, bmm@chimicles.com, Kyle Shamberg, Nicholas Lange, Lesley Weaver,

akeller@dicelloleviT.com, dmillen@Ulmlaw.com, bhogan@Ulmlaw.com, Jon Jagher,

kjus-ce@Ulmlaw.com, jsprengel@caffertyclobes.com, dherrera@caffertyclobes.com,

nhagman@caffertyclobes.com, rrg@gordonlawchicago.com, Joseph Sauder,

tyiatras@gmail.com, casey@lawofficeflynn.com, francisflynn@gmail.com,

jbk@sstriallawyers.com, Tina Wolfson, Robert Ahdoot, Ted Maya, bking@ahdootwolfson.com,

rstephan@stephanzouras.com, jzouras@stephanzouras.com, aficzko@stephanzouras.com,

mshannon@stephanzouras.com, elangeland@langelandlaw.com, jtostrud@tostrudlaw.com,

Zo[ni@bo[nilaw.com, achang@bo[nilaw.com, ykolesnikov@bo[nilaw.com,

jcotcheT@cpmlegal.com, mmolumphy@cpmlegal.com, tredenbarger@cpmlegal.com,

nrahman@cpmlegal.com, ehg@classlawgroup.com, dmb@classlawgroup.com,

jbk@classlawgroup.com, william.a.baird.1@gmail.com, jguglielmo@scoT-scoT.com,

ecomite@scoT-scoT.com, jpe[grew@scoT-scoT.com, ekirkwood1@bellsouth.net,

Wichmann@onderlaw.com, Onder@onderlaw.com, ssklaver@susmangodfrey.com, Kalpana

Srinivasan, mgervais@susmangodfrey.com, ecc@fmcolaw.com, kcc@fmcolaw.com,

rmf@fmcolaw.com, beth@feganscoT.com, melissa@feganscoT.com,

jonathan@feganscoT.com

CC: Marc E. Masters, Tom R. Freeman, Jonathan RoTer, Marc L. Godino, Kara Wolke, Lionel Glancy,

David M. Given, Nicholas A. Carlin, James Pizzirusso, Megan E. Jones, Amanda Klevorn, Korey

Nelson

ADachments: image001.png

Ekwan:

We do not believe engaging any further over email is produc-ve. We have already made our posi-on clear:

we take no posi-on on your dispute with defense counsel and will not join in your request.

If you do not wish to par-cipate on our call Monday, please advise as to your posi-on on leadership, since we

were ordered to meet and confer by order of the court.

Best,

Katrina

KATRINA CARROLL

Partner

CARLSON LYNCH LLP

111 W. Washington Street

Suite 1240

Chicago, IL 60602

Main: 312.750.1265

Direct: 312.750.1591

Fax: 773.598.5609

kcarroll@carlsonlynch.com

carlsonlynch.com

Case: 1:20-cv-04699 Document #: 11-13 Filed: 08/27/20 Page 2 of 14 PageID #:183
Page 2 of 12

From: Ekwan E. Rhow <erhow@birdmarella.com> 

Sent: Friday, August 21, 2020 1:37 PM

To: Katrina Carroll <kcarroll@carlsonlynch.com>; dgirard@girardsharp.com; jelias@girardsharp.com;

apolk@girardsharp.com; be@chimicles.com; bmm@chimicles.com; Kyle Shamberg

<kshamberg@carlsonlynch.com>; Nicholas Lange <nlange@carlsonlynch.com>; lweaver@bfalaw.com;

akeller@dicelloleviT.com; dmillen@Ulmlaw.com; bhogan@Ulmlaw.com; Jon Jagher <jjagher@Ulmlaw.com>;

kjus-ce@Ulmlaw.com; jsprengel@caffertyclobes.com; dherrera@caffertyclobes.com;

nhagman@caffertyclobes.com; rrg@gordonlawchicago.com; jgs@sstriallawyers.com; tyiatras@gmail.com;

casey@lawofficeflynn.com; francisflynn@gmail.com; jbk@sstriallawyers.com;

twolfson@ahdootwolfson.com; rahdoot@ahdootwolfson.com; tmaya@ahdootwolfson.com;

bking@ahdootwolfson.com; rstephan@stephanzouras.com; jzouras@stephanzouras.com;

aficzko@stephanzouras.com; mshannon@stephanzouras.com; elangeland@langelandlaw.com;

jtostrud@tostrudlaw.com; Zo[ni@bo[nilaw.com; achang@bo[nilaw.com; ykolesnikov@bo[nilaw.com;

jcotcheT@cpmlegal.com; mmolumphy@cpmlegal.com; tredenbarger@cpmlegal.com;

nrahman@cpmlegal.com; ehg@classlawgroup.com; dmb@classlawgroup.com; jbk@classlawgroup.com;

william.a.baird.1@gmail.com; jguglielmo@scoT-scoT.com; ecomite@scoT-scoT.com; jpe[grew@scoTscoT.com; ekirkwood1@bellsouth.net; Wichmann@onderlaw.com; Onder@onderlaw.com;

ssklaver@susmangodfrey.com; Kalpana Srinivasan <ksrinivasan@susmangodfrey.com>;

mgervais@susmangodfrey.com; ecc@fmcolaw.com; kcc@fmcolaw.com; rmf@fmcolaw.com;

beth@feganscoT.com; melissa@feganscoT.com; jonathan@feganscoT.com

Cc: Marc E. Masters <mmasters@birdmarella.com>; Tom R. Freeman <freeman@birdmarella.com>;

Jonathan RoTer <jroTer@glancylaw.com>; Marc L. Godino <mgodino@glancylaw.com>; Kara Wolke

<KWolke@glancylaw.com>; Lionel Glancy <LGlancy@glancylaw.com>; David M. Given <DMG@phillaw.com>;

Nicholas A. Carlin <NAC@phillaw.com>; James Pizzirusso <jpizzirusso@hausfeld.com>; Megan E. Jones

<mjones@hausfeld.com>; Amanda Klevorn <aklevorn@burnscharest.com>; Korey Nelson

<knelson@burnscharest.com>

Subject: RE: TikTok Plain-ffs' Counsel Meet and Confer

Dear Katrina:

We have made clear our posi-ons on the facts leading up to the media-on in prior communica-ons with your

group and Tony, and will not repeat them here. 

Pu[ng that aside, this is not a “dispute” just between my firm and Tony and certainly not a dispute between

my firm, our group, and/or your group. Nor is our disagreement with Tony “personal.” I assume it is not

personal between you and me. We believe it is obvious that Tony is taking posi-ons that are in Defendants’

best interests, not our clients’. His tac-cs should be scru-nized by all counsel, not just our group. 

Our group collec-vely and sincerely believes that the issues we are raising go to the integrity of the process -

something about which all should be concerned. The integrity of the process can affect the outcome of the

seTlement, regardless of the terms. Accordingly, if any counsel were being ar-ficially excluded from a

media-on I was aTending based on defense counsel’s vague “feeling”, or because that counsel supposedly

had been too tough in previous nego-a-ons with Defendants, I would have felt compelled to defend their

ability to par-cipate and would have rescheduled the media-on to prevent defense counsel from

manipula-ng the process, par-cularly when that counsel was the only court-appointed interim lead counsel. 

Case: 1:20-cv-04699 Document #: 11-13 Filed: 08/27/20 Page 3 of 14 PageID #:184
Page 3 of 12

In my view, that would have been in the best interests of the class. We can agree to disagree on this point.

Regardless, all counsel should now be afforded an opportunity to review the proposed seTlement’s terms in

accordance with CMO No. 1. That is, again, all we are asking for. To this end, do you have any issue with our

wri-ng Tony and indica-ng that all Interim Counsel are reques-ng that he disclose the seTlement terms to all

of us immediately? Please let me know.

We feel it is necessary to proceed with our meet and confer today to discuss the issues in the Court’s CMO. 

We do not understand your insistence on providing your own schedule without the coopera-on or

involvement of all Interim Counsel, but you should file whatever you feel is appropriate and we will do the

same. We believe that any schedule to approve a seTlement is premature un-l the terms are shared with all

counsel. 

Please feel free to contact me to discuss the above. 

Sincerely,

Ekwan

Ekwan E. Rhow

Principal

O: 310.201.2100 

F: 310.201.2110

E: erhow@birdmarella.com

Bird, Marella, Boxer, Wolpert, Nessim,

Drooks, Lincenberg & Rhow, P.C.

1875 Century Park East, 23rd Floor

Los Angeles, California 90067-2561

www.BirdMarella.com

From: Katrina Carroll <kcarroll@carlsonlynch.com> 

Sent: Friday, August 21, 2020 8:23 AM

To: Ekwan E. Rhow <erhow@birdmarella.com>; dgirard@girardsharp.com; jelias@girardsharp.com;

apolk@girardsharp.com; be@chimicles.com; bmm@chimicles.com; Kyle Shamberg

<kshamberg@carlsonlynch.com>; Nicholas Lange <nlange@carlsonlynch.com>; lweaver@bfalaw.com;

akeller@dicelloleviT.com; dmillen@Ulmlaw.com; bhogan@Ulmlaw.com; Jon Jagher <jjagher@Ulmlaw.com>;

kjus-ce@Ulmlaw.com; jsprengel@caffertyclobes.com; dherrera@caffertyclobes.com;

nhagman@caffertyclobes.com; rrg@gordonlawchicago.com; jgs@sstriallawyers.com; tyiatras@gmail.com;

casey@lawofficeflynn.com; francisflynn@gmail.com; jbk@sstriallawyers.com;

twolfson@ahdootwolfson.com; rahdoot@ahdootwolfson.com; tmaya@ahdootwolfson.com;

bking@ahdootwolfson.com; rstephan@stephanzouras.com; jzouras@stephanzouras.com;

aficzko@stephanzouras.com; mshannon@stephanzouras.com; elangeland@langelandlaw.com;

jtostrud@tostrudlaw.com; Zo[ni@bo[nilaw.com; achang@bo[nilaw.com; ykolesnikov@bo[nilaw.com;

jcotcheT@cpmlegal.com; mmolumphy@cpmlegal.com; tredenbarger@cpmlegal.com;

nrahman@cpmlegal.com; ehg@classlawgroup.com; dmb@classlawgroup.com; jbk@classlawgroup.com;

william.a.baird.1@gmail.com; jguglielmo@scoT-scoT.com; ecomite@scoT-scoT.com; jpe[grew@scoTscoT.com; ekirkwood1@bellsouth.net; Wichmann@onderlaw.com; Onder@onderlaw.com;

ssklaver@susmangodfrey.com; Kalpana Srinivasan <ksrinivasan@susmangodfrey.com>;

mgervais@susmangodfrey.com; ecc@fmcolaw.com; kcc@fmcolaw.com; rmf@fmcolaw.com;

beth@feganscoT.com; melissa@feganscoT.com; jonathan@feganscoT.com

Case: 1:20-cv-04699 Document #: 11-13 Filed: 08/27/20 Page 4 of 14 PageID #:185
Page 4 of 12

Cc: Marc E. Masters <mmasters@birdmarella.com>; Tom R. Freeman <freeman@birdmarella.com>;

Jonathan RoTer <jroTer@glancylaw.com>; Marc L. Godino <mgodino@glancylaw.com>; Kara Wolke

<KWolke@glancylaw.com>; Lionel Glancy <LGlancy@glancylaw.com>; David M. Given <DMG@phillaw.com>;

Nicholas A. Carlin <NAC@phillaw.com>; James Pizzirusso <jpizzirusso@hausfeld.com>; Megan E. Jones

<mjones@hausfeld.com>; Amanda Klevorn <aklevorn@burnscharest.com>; Korey Nelson

<knelson@burnscharest.com>

Subject: [EXTERNAL] RE: TikTok Plain-ffs' Counsel Meet and Confer

Ekwan:

As I said already, our group does not want to join in your personal dispute with defense counsel, which

appears to be based on defense counsel’s belief that you are engaged in some impropriety. This dispute

pertains to you and your firm and we just do not see how ge[ng involved benefits the class in any way.

I would, however, like to briefly correct some inaccuracies in your email:

1. You and Megan were never “confirmed aTendees” at the media-on, as I’m sure Judge Phillips’

office will aTest.

2. We never indicated that your par-cipa-on was “necessary” (to the contrary, as I repeatedly

advised you, we were preparing for media-on for over two months and planned to proceed, with

you or without you).

3. I told you that I did not have sufficient informa-on to understand Defendants’ posi-on on your

conflict and that my greatest concern was to make sure your issues did not eliminate a seTlement

opportunity for the class.

4. Our media-on confiden-ality agreement with Judge Phillips is no more baseless or unethical

than your same media-on confiden-ality agreement with Judge Phillips (which, to date, you s-ll

refuse to waive). It is important to note that we are willing and are eager to share the seTlement

terms as soon as defendant authorizes it. Contrast this to your prior media-on, where defendant

waived confiden-ality months ago, yet you s-ll have not shared what transpired.

As previously stated, we don’t believe that preparing for addi-onal li-ga-on is efficient or in the best interest

of the class. The topics you list for discussion on your proposed call are not germane in light of the

procedural posture of the case. To address the maTers which are genuinely germane, aTached is a proposed

Case Management Schedule which the seTling plain-ffs intend to file next Tuesday.

As many people are on vaca-on this week with limited availability, I propose that in lieu of a call today, we

have a group call Monday at 2:00 Central to reach consensus if possible. We believe a discussion of leadership

is appropriate at that -me. I will send a calendar invite to everyone on this chain.

Have a nice weekend.

Best,

Katrina

KATRINA CARROLL

Partner

CARLSON LYNCH LLP

111 W. Washington Street

Suite 1240

Chicago, IL 60602

Main: 312.750.1265

Direct: 312.750.1591

Fax: 773.598.5609

kcarroll@carlsonlynch.com

carlsonlynch.com

Case: 1:20-cv-04699 Document #: 11-13 Filed: 08/27/20 Page 5 of 14 PageID #:186
Page 5 of 12

From: Ekwan E. Rhow <erhow@birdmarella.com> 

Sent: Thursday, August 20, 2020 1:49 PM

To: Katrina Carroll <kcarroll@carlsonlynch.com>; dgirard@girardsharp.com; jelias@girardsharp.com;

apolk@girardsharp.com; be@chimicles.com; bmm@chimicles.com; Kyle Shamberg

<kshamberg@carlsonlynch.com>; Nicholas Lange <nlange@carlsonlynch.com>; lweaver@bfalaw.com;

akeller@dicelloleviT.com; dmillen@Ulmlaw.com; bhogan@Ulmlaw.com; Jon Jagher <jjagher@Ulmlaw.com>;

kjus-ce@Ulmlaw.com; jsprengel@caffertyclobes.com; dherrera@caffertyclobes.com;

nhagman@caffertyclobes.com; rrg@gordonlawchicago.com; jgs@sstriallawyers.com; tyiatras@gmail.com;

casey@lawofficeflynn.com; francisflynn@gmail.com; jbk@sstriallawyers.com;

twolfson@ahdootwolfson.com; rahdoot@ahdootwolfson.com; tmaya@ahdootwolfson.com;

bking@ahdootwolfson.com; rstephan@stephanzouras.com; jzouras@stephanzouras.com;

aficzko@stephanzouras.com; mshannon@stephanzouras.com; elangeland@langelandlaw.com;

jtostrud@tostrudlaw.com; Zo[ni@bo[nilaw.com; achang@bo[nilaw.com; ykolesnikov@bo[nilaw.com;

jcotcheT@cpmlegal.com; mmolumphy@cpmlegal.com; tredenbarger@cpmlegal.com;

nrahman@cpmlegal.com; ehg@classlawgroup.com; dmb@classlawgroup.com; jbk@classlawgroup.com;

william.a.baird.1@gmail.com; jguglielmo@scoT-scoT.com; ecomite@scoT-scoT.com; jpe[grew@scoTscoT.com; ekirkwood1@bellsouth.net; Wichmann@onderlaw.com; Onder@onderlaw.com;

ssklaver@susmangodfrey.com; Kalpana Srinivasan <ksrinivasan@susmangodfrey.com>;

mgervais@susmangodfrey.com; ecc@fmcolaw.com; kcc@fmcolaw.com; rmf@fmcolaw.com;

beth@feganscoT.com; melissa@feganscoT.com; jonathan@feganscoT.com

Cc: Marc E. Masters <mmasters@birdmarella.com>; Tom R. Freeman <freeman@birdmarella.com>;

Jonathan RoTer <jroTer@glancylaw.com>; Marc L. Godino <mgodino@glancylaw.com>; Kara Wolke

<KWolke@glancylaw.com>; Lionel Glancy <LGlancy@glancylaw.com>; David M. Given <DMG@phillaw.com>;

Nicholas A. Carlin <NAC@phillaw.com>; James Pizzirusso <jpizzirusso@hausfeld.com>; Megan E. Jones

<mjones@hausfeld.com>; Amanda Klevorn <aklevorn@burnscharest.com>; Korey Nelson

<knelson@burnscharest.com>

Subject: Re: TikTok Plain-ffs' Counsel Meet and Confer

Katrina – 

My e-mail to the entire group of Interim Counsel is simply a request that you and others join in our

demand that Defendants’ counsel share the terms and conditions of the potential settlement that you

referenced in your “Joint Status Report” with all Interim Counsel so that we can all comply with Judge

Lee’s CMO No. 1. I assume that all Interim Counsel would agree that prompt review and discussion of

that information by everyone is in the best interest of the class and in the nature of the cooperative

approach suggested by Judge Lee. To that end, we are seeking a collaborative effort to request the

release of that information to all Interim Counsel and do not understand why you “see no benefit to be

gained for the class in making such a demand of Defendant at this time.” If any counsel who attended

the mediation has a different point of view from Ms. Carroll’s, please advise us. 

In addition to specifically requesting this information in light of Judge Lee’s CMO No. 1, we are also

seeking this information so that we can determine whether we believe the potential settlement is fair

and reasonable to the class and our claims. We are not drawing any premature conclusions at this time. 

We would hope that you, too, would reserve judgment on our actions as you sit in the position of having

information that has, to date, been concealed from us. Rather than go through the entire history relating

Case: 1:20-cv-04699 Document #: 11-13 Filed: 08/27/20 Page 6 of 14 PageID #:187
Page 6 of 12

to mediation and correct any discrepancies in your email, let me highlight facts that are not in dispute,

including that: (1) as of August 7, less than a week before the August 13 mediation, Megan Jones and I

were confirmed attendees at the mediation and I was willing to drive down from a family vacation to

attend; (2) as of that date, all parties indicated that our participation was necessary and, importantly,

beneficial to the class given our history in the matter and unique claims and insight; (3) as documented

in e-mails and communications with Mr. Weibell, Defendants then prevented our participation based on

a “feeling” that you and I thought made no sense; and (4) Megan Jones and I remained willing to attend

without a baseless and unethical gag order, which we asked Defendants’ counsel to reconsider, but he

did not. 

We remain willing and open to working with you and all counsel on all aspects of this case and to

support whatever is in the best interests of the class. 

Finally, you have indicated that you do not believe a conference is necessary to discuss the various

items in Judge Lee’s CMO No. 1 given your purported conditional settlement. Absent an order from

Judge Lee to the contrary, we believe that the parties should proceed to meet and confer with

Defendants on the issues outlined in his CMO No. 1 and we intend to do so. Indeed, that Order was

issued the day after you filed your “Joint Status Report” so there is no current basis to believe Judge

Lee’s directives concerning the meet and confer process are moot. Certainly, until such time as any

conditional settlement is presented to the Court for approval, we believe it makes sense to prepare to

litigate these claims. 

If any other Interim Counsel would like to participate, please join us for a pre-planning call on Friday,

August 21 at noon PST / 2 pm CST / 3 pm EST. We are happy to work collaboratively on these

issues with anyone willing to do so, and will send out a call in number to all who respond. 

Sincerely, 

 

Ekwan Rhow 

Kara Wolke 

David Given 

Megan Jones 

Amanda Klevorn 

Ekwan E. Rhow 

Principal

O: 310.201.2100 

F: 310.201.2110 

E: erhow@birdmarella.com

Bird, Marella, Boxer, Wolpert, Nessim, 

Drooks, Lincenberg & Rhow, P.C.

1875 Century Park East, 23rd Floor 

Los Angeles, California 90067-2561 

www.BirdMarella.com

Case: 1:20-cv-04699 Document #: 11-13 Filed: 08/27/20 Page 7 of 14 PageID #:188
Page 7 of 12

From: Katrina Carroll <kcarroll@carlsonlynch.com>

Sent: Wednesday, August 19, 2020 7:55 AM

To: Ekwan E. Rhow <erhow@birdmarella.com>; dgirard@girardsharp.com <dgirard@girardsharp.com>;

jelias@girardsharp.com <jelias@girardsharp.com>; apolk@girardsharp.com <apolk@girardsharp.com>;

be@chimicles.com <be@chimicles.com>; bmm@chimicles.com <bmm@chimicles.com>; Kyle Shamberg

<kshamberg@carlsonlynch.com>; Nicholas Lange <nlange@carlsonlynch.com>; lweaver@bfalaw.com

<lweaver@bfalaw.com>; akeller@dicelloleviT.com <akeller@dicelloleviT.com>; dmillen@Ulmlaw.com

<dmillen@Ulmlaw.com>; bhogan@Ulmlaw.com <bhogan@Ulmlaw.com>; Jon Jagher

<jjagher@Ulmlaw.com>; kjus-ce@Ulmlaw.com <kjus-ce@Ulmlaw.com>; jsprengel@caffertyclobes.com

<jsprengel@caffertyclobes.com>; dherrera@caffertyclobes.com <dherrera@caffertyclobes.com>;

nhagman@caffertyclobes.com <nhagman@caffertyclobes.com>; rrg@gordonlawchicago.com

<rrg@gordonlawchicago.com>; jgs@sstriallawyers.com <jgs@sstriallawyers.com>; tyiatras@gmail.com

<tyiatras@gmail.com>; casey@lawofficeflynn.com <casey@lawofficeflynn.com>; francisflynn@gmail.com

<francisflynn@gmail.com>; jbk@sstriallawyers.com <jbk@sstriallawyers.com>;

twolfson@ahdootwolfson.com <twolfson@ahdootwolfson.com>; rahdoot@ahdootwolfson.com

<rahdoot@ahdootwolfson.com>; tmaya@ahdootwolfson.com <tmaya@ahdootwolfson.com>;

bking@ahdootwolfson.com <bking@ahdootwolfson.com>; rstephan@stephanzouras.com

<rstephan@stephanzouras.com>; jzouras@stephanzouras.com <jzouras@stephanzouras.com>;

aficzko@stephanzouras.com <aficzko@stephanzouras.com>; mshannon@stephanzouras.com

<mshannon@stephanzouras.com>; elangeland@langelandlaw.com <elangeland@langelandlaw.com>;

jtostrud@tostrudlaw.com <jtostrud@tostrudlaw.com>; Zo[ni@bo[nilaw.com <Zo[ni@bo[nilaw.com>;

achang@bo[nilaw.com <achang@bo[nilaw.com>; ykolesnikov@bo[nilaw.com

<ykolesnikov@bo[nilaw.com>; jcotcheT@cpmlegal.com <jcotcheT@cpmlegal.com>;

mmolumphy@cpmlegal.com <mmolumphy@cpmlegal.com>; tredenbarger@cpmlegal.com

<tredenbarger@cpmlegal.com>; nrahman@cpmlegal.com <nrahman@cpmlegal.com>;

ehg@classlawgroup.com <ehg@classlawgroup.com>; dmb@classlawgroup.com <dmb@classlawgroup.com>;

jbk@classlawgroup.com <jbk@classlawgroup.com>; william.a.baird.1@gmail.com

<william.a.baird.1@gmail.com>; jguglielmo@scoT-scoT.com <jguglielmo@scoT-scoT.com>; ecomite@scoTscoT.com <ecomite@scoT-scoT.com>; jpe[grew@scoT-scoT.com <jpe[grew@scoT-scoT.com>;

ekirkwood1@bellsouth.net <ekirkwood1@bellsouth.net>; Wichmann@onderlaw.com

<Wichmann@onderlaw.com>; Onder@onderlaw.com <Onder@onderlaw.com>;

ssklaver@susmangodfrey.com <ssklaver@susmangodfrey.com>; Kalpana Srinivasan

<ksrinivasan@susmangodfrey.com>; mgervais@susmangodfrey.com <mgervais@susmangodfrey.com>;

ecc@fmcolaw.com <ecc@fmcolaw.com>; kcc@fmcolaw.com <kcc@fmcolaw.com>; rmf@fmcolaw.com

<rmf@fmcolaw.com>; beth@feganscoT.com <beth@feganscoT.com>; melissa@feganscoT.com

<melissa@feganscoT.com>; jonathan@feganscoT.com <jonathan@feganscoT.com>

Cc: Marc E. Masters <mmasters@birdmarella.com>; Tom R. Freeman <freeman@birdmarella.com>;

Jonathan RoTer <jroTer@glancylaw.com>; Marc L. Godino <mgodino@glancylaw.com>; Kara Wolke

<KWolke@glancylaw.com>; Lionel Glancy <LGlancy@glancylaw.com>; David M. Given <DMG@phillaw.com>;

Nicholas A. Carlin <NAC@phillaw.com>; James Pizzirusso <jpizzirusso@hausfeld.com>; Megan E. Jones

<mjones@hausfeld.com>; Amanda Klevorn <aklevorn@burnscharest.com>; Korey Nelson

<knelson@burnscharest.com>

Case: 1:20-cv-04699 Document #: 11-13 Filed: 08/27/20 Page 8 of 14 PageID #:189
Page 8 of 12

<knelson@burnscharest.com>

Subject: [EXTERNAL] RE: TikTok Plain-ffs' Counsel Meet and Confer

Ekwan:

Thank you for your email.

As you know, all cases (except for your consolidated ac-on) were represented at the media-on and ac-vely

par-cipated in the nego-a-ons. Further, representa-ves from all cases have con-nually communicated

throughout the history of this case and we con-nue to do so now. To the extent that your email represents

some reconsidera-on of your prior posi-on and a newfound aTempt at collabora-on with co-counsel beyond

your group, we welcome you. As you are aware, we have previously reached out to you in an effort to

establish a collabora-ve and coopera-ve rela-onship among all plain-ffs’ counsel in this case. We are

heartened that you now appear to be recep-ve.

At this point, however, we do not believe it is appropriate for us to join your effort to force Defendant to

provide informa-on regarding the seTlement terms to you. If you choose to proceed with your demand to

defense counsel, we will take no posi-on on it. While we have always supported the idea of you par-cipa-ng

in the media-on and receiving informa-on regarding the pending seTlement, we simply see no benefit to be

gained for the class in making such a demand of Defendant at this -me, which could derail the hard-fought

seTlement which we have worked for months to resolve on mutually agreeable terms and with the assistance

of a seasoned and tremendously respected mediator. Of course, once the seTlement is made public, we

would welcome any dialogue that would lead to the best possible result for the class. We understand your

concern that 90 days is too long to withhold seTlement terms and to allay that, we will explore with

Defendant a poten-al compromise that would make the terms available sooner.

For now, we see no need to deviate from the typical process of seTlement approval. Quite frankly, Ekwan,

your request to now receive the seTlement informa-on in advance of its public disclosure appears to be

somewhat at odds with your posi-on regarding par-cipa-on in the media-on process, and adds to the list of

decisions you have made in this case that appear to be driven more by your personal interest in securing

control over the li-ga-on than what is in the best interest of our collec-ve clients and the class. Briefly, the

history is as follows:

1. On June 3, 2020, we invited all counsel- including you (meaning, Bird Marella)- to par-cipate in

the media-on. Despite having mediated already with Judge Phillips, albeit unsuccessfully, you

immediately declined. Your stated reason for declining was that you would prefer to await Judge

Koh’s appointment of interim lead counsel in the consolidated Northern District of California

cases. You also indicated to all counsel that you would be pursuing interven-on in our case for

purposes of dismissal and transfer and circulated Judge Lee’s briefing order. 

2. On June 4, 2020, despite your having filed interven-on papers in our case, we again reached out

to all counsel. Because we did not want to forego an opportunity to pursue meaningful relief for

the class, and recognizing the procedural status of the cases, we suggested that all counsel in the

Northern District of California cases could self-order for purposes of media-on or else pursue

Case: 1:20-cv-04699 Document #: 11-13 Filed: 08/27/20 Page 9 of 14 PageID #:190
Page 9 of 12

Northern District of California cases could self-order for purposes of media-on or else pursue

expedited leadership proceedings before Judge Koh to alleviate the concerns raised regarding the

appointment of leadership prior to the media-on. You declined to pursue either of these

sugges-ons and dug in on your refusal to par-cipate in the media-on process.

3. On June 8, 2020, we held an organiza-onal conference call among all counsel to discuss the

media-on, our nego-a-on strategy and how best to proceed. Representa-ves from all of the

districts par-cipated on that call. You declined.

4. On June 8, 2020, in our prepara-ons for media-on, we asked you to provide us with the

informa-on exchanged during your prior media-on with Judge Phillips so that those par-cipa-ng

in the next round would have a clearer picture of everything that happened. In response, without

any basis whatsoever, you accused us of improperly rushing to media-on and being unprepared. 

You declined to share any informa-on with us regarding the prior media-on, even though

Defendant was willing to waive the media-on privilege Your decision was shockingly at odds with

the best interests of the class and appeared to be driven by your desire to maintain some type of

proprietary, self-serving interest over the history of the nego-a-ons with the Defendant.

5. On June 12, 2020, we learned that certain counsel in your consolidated ac-on (who were invited

to par-cipate in the media-on along with everyone else) contacted defense counsel insis-ng that

TikTok to pull out of the media-on and accusing us of aTemp-ng to conduct a “reverse auc-on.”

Hence, wholly apart from merely refusing to par-cipate in the media-on, your group

affirma-vely aTempted to thwart a seTlement opportunity for the class. And of course, the

accusa-on of a “reverse auc-on” was completely baseless, since we had been con-nually invi-ng

you to aTend the media-on and nego-ate collabora-vely with us. Again, it appeared that your

mo-va-ons leaned toward self-interest over the needs of the class.

6. On June 16, 2020, we reiterated our request that you allow us to know what happened at your

prior media-on. You again declined.

7. On June 23, 2020, you filed a reply brief in support of your interven-on mo-on in our court that

asserted that Northern District of Illinois counsel somehow conspired with defense in filing a joint

response brief opposing interven-on. When you were informed that Judge Lee had, in fact,

ordered us to file the joint brief, you refused to correct your misrepresenta-on with the court.

8. On July 17, 2020, we congratulated you on your appointment as lead for the Northern District of

California case, told you we’d like to set our differences aside to ensure produc-ve collabora-on,

and again, invited you to par-cipate in media-on. You responded the same day, asked us to copy

Marc Masters on all communica-ons going forward despite your having been appointed as lead

counsel, and reiterated your prior refusal to par-cipate in the media-on.

9. On July 30, 2020, we argued the MDL. During the argument, the panel was concerned about

your refusal to par-cipate in media-on. You confirmed at the argument that you would not

aTend. You did not reconsider your refusal in the days following the argument.

10. Meanwhile, during our July and early August discussions with the mediator’s office, we learned

that your group contacted the mediator without our prior knowledge or authoriza-on to interfere

in the media-on process by aTemp-ng to discourage the mediator from allowing us to proceed. 

In fact, your group created such a significant distrac-on that we had to devote substan-al -me

and effort to addressing your aTempts at interference in the days- and even hours- leading all the

way up to the media-on. 

Case: 1:20-cv-04699 Document #: 11-13 Filed: 08/27/20 Page 10 of 14 PageID #:191
Page 10 of 12

way up to the media-on. 

11. On August 4, 2020, azer the MDL panel issued its ruling sending the cases to Northern District of

Illinois, you suddenly reached out, indica-ng your willingness to be included in the media-on. 

(Again, a reversal of posi-on that appeared to be mo-vated by self-interest rather than the best

interest of the plain-ffs and the class.) Thereazer, even though we were very well-organized and

had prepared for media-on for over two months, we made every effort to include your group and

even reserved two in-person spots (of only eight available) for you and Megan (your group’s

“seTlement” counsel). Even when defense counsel raised issues concerning a perceived conflict

with your firm’s par-cipa-on, we implored them to allow you to aTend. We tried to assist you in

resolving the personal dispute between your firm and defense counsel, which threatened the

integrity of the en-re media-on and would rob the class of a unique opportunity at seTlement

given the poli-cal climate as well as TikTok’s ongoing discussions with poten-al acquirors. When

this dispute surfaced again in the final days preceding the media-on, we even went so far as to

suggest several avenues that you could explore with defense counsel. One of our sugges-ons

was to use our mediator to work through these issues separately, the day before the media-on,

to eliminate the distrac-on. We do not know all the details of your discussions, but our

understanding is that you did not fully pursue all of your available op-ons. Nor would you agree

that Megan could par-cipate in your stead, something that the Defendant agreed to permit.

12. And finally, the day before the media-on, we asked you again whether you would waive

confiden-ality so that we wouldn’t waste our -me bidding against the class. Your response was

to condi-on your providing us with informa-on concerning the prior media-on on your personal

aTendance at the media-on. We fail to understand how holding this informa-on hostage

benefiTed the class in any way. You lez us (and the class) no choice but to nego-ate in a

vacuum. Even now, you s-ll have not shared what happened at your media-on, even though the

Defendant has expressly consented for you to share such informa-on. This is yet another

example of conduct which appears to be calculated to serve your personal interest in controlling

this li-ga-on, rather than serving the needs and interests of our collec-ve clients and the class.

Ekwan, as this makes clear, from the very outset, we have aTempted to include all counsel (including you up

un-l the final hours preceding the media-on) in the media-on process for the benefit of the class. Conversely

and to the detriment of the class, you and/or other counsel from your consolidated case have refused our

numerous aTempts at coopera-on, implored defense counsel not to mediate with us and also interfered with

the integrity of the seTlement process by contac-ng the mediator for the purpose of denying the class the

opportunity of a favorable, nego-ated resolu-on to this li-ga-on. Notwithstanding these subversive ac-ons,

we con-nue to recognize the value of full par-cipa-on and welcome the opportunity to work together as we

try to move the seTlement towards final approval.

As you know, we now have reached a tenta-ve seTlement of the claims in this case, with the majority of the

cases in the MDL ac-vely par-cipa-ng. We intend to present that seTlement to the court in the normal

course. Given that the case is seTled, we see no benefit to the class whatsoever of engaging with you in

standard “li-ga-on track” discussions (discovery, class cer-fica-on, etc.) which are now moot. CMO No. 1

provides for an appropriate meet and confer to discuss li-ga-on decisions and the filing of a proposed case

management schedule, but only “to the extent applicable.” (See CMO No. 1 at ¶9(d), 9(f)). The discussions

you are sugges-ng are not at all applicable now. Of course, we are happy to discuss whatever is ripe and

makes sense.

Best,

Katrina Carroll

Jon Jagher

KATRINA CARROLL

Case: 1:20-cv-04699 Document #: 11-13 Filed: 08/27/20 Page 11 of 14 PageID #:192
Page 11 of 12

Partner

CARLSON LYNCH LLP

111 W. Washington Street

Suite 1240

Chicago, IL 60602

Main: 312.750.1265

Direct: 312.750.1591

Fax: 773.598.5609

kcarroll@carlsonlynch.com

carlsonlynch.com

From: Ekwan E. Rhow <erhow@birdmarella.com> 

Sent: Tuesday, August 18, 2020 4:36 PM

To: Katrina Carroll <kcarroll@carlsonlynch.com>; dgirard@girardsharp.com; jelias@girardsharp.com;

apolk@girardsharp.com; be@chimicles.com; bmm@chimicles.com; Kyle Shamberg

<kshamberg@carlsonlynch.com>; Nicholas Lange <nlange@carlsonlynch.com>; lweaver@bfalaw.com;

akeller@dicelloleviT.com; dmillen@Ulmlaw.com; bhogan@Ulmlaw.com; Jon Jagher <jjagher@Ulmlaw.com>;

kjus-ce@Ulmlaw.com; jsprengel@caffertyclobes.com; dherrera@caffertyclobes.com;

nhagman@caffertyclobes.com; rrg@gordonlawchicago.com; jgs@sstriallawyers.com; tyiatras@gmail.com;

casey@lawofficeflynn.com; francisflynn@gmail.com; jbk@sstriallawyers.com;

twolfson@ahdootwolfson.com; rahdoot@ahdootwolfson.com; tmaya@ahdootwolfson.com;

bking@ahdootwolfson.com; rstephan@stephanzouras.com; jzouras@stephanzouras.com;

aficzko@stephanzouras.com; mshannon@stephanzouras.com; elangeland@langelandlaw.com;

jtostrud@tostrudlaw.com; Zo[ni@bo[nilaw.com; achang@bo[nilaw.com; ykolesnikov@bo[nilaw.com;

jcotcheT@cpmlegal.com; mmolumphy@cpmlegal.com; tredenbarger@cpmlegal.com;

nrahman@cpmlegal.com; ehg@classlawgroup.com; dmb@classlawgroup.com; jbk@classlawgroup.com;

william.a.baird.1@gmail.com; jguglielmo@scoT-scoT.com; ecomite@scoT-scoT.com; jpe[grew@scoTscoT.com; ekirkwood1@bellsouth.net; Wichmann@onderlaw.com; Onder@onderlaw.com;

ssklaver@susmangodfrey.com; Kalpana Srinivasan <ksrinivasan@susmangodfrey.com>;

mgervais@susmangodfrey.com; ecc@fmcolaw.com; kcc@fmcolaw.com; rmf@fmcolaw.com;

beth@feganscoT.com; melissa@feganscoT.com; jonathan@feganscoT.com

Cc: Marc E. Masters <mmasters@birdmarella.com>; Tom R. Freeman <freeman@birdmarella.com>;

Jonathan RoTer <jroTer@glancylaw.com>; Marc L. Godino <mgodino@glancylaw.com>; Kara Wolke

<KWolke@glancylaw.com>; Lionel Glancy <LGlancy@glancylaw.com>; David M. Given <DMG@phillaw.com>;

Nicholas A. Carlin <NAC@phillaw.com>; James Pizzirusso <jpizzirusso@hausfeld.com>; Megan E. Jones

<mjones@hausfeld.com>; Amanda Klevorn <aklevorn@burnscharest.com>; Korey Nelson

Case: 1:20-cv-04699 Document #: 11-13 Filed: 08/27/20 Page 12 of 14 PageID #:193
Page 12 of 12

<mjones@hausfeld.com>; Amanda Klevorn <aklevorn@burnscharest.com>; Korey Nelson

<knelson@burnscharest.com>

Subject: TikTok Plain-ffs' Counsel Meet and Confer

Dear Counsel –

I’m writing on behalf of my firm and the other four law firms who were appointed by Judge Lucy H.

Koh to the interim leadership group in the Northern District of California. Pursuant to Judge John Z.

Lee’s August 17, 2020 Case Management Order No. 1 (the “CMO”), all counsel in the cases listed in

Exhibit A thereto are now Interim Counsel and have been ordered to meet and confer on certain issues.

I’m writing to begin that process.

First, our five firms intend to send a letter to Defendants by noon PST tomorrow demanding they

reveal all the terms of their potential settlement. All designated Interim Counsel are entitled to know

those terms pursuant to the CMO and because they pertain to our respective clients and the class in

general. We will advise Defendants that we will stipulate to the standard mediation confidentiality

provisions to protect that information from improper disclosure. If you would like to sign on to our

letter demand, please let us know by 10 a.m. PST tomorrow and we will circulate a draft to you. We

are hopeful that the firms who participated in the August 13 mediation will join in the request that all

Interim Counsel be given the opportunity to see the terms and discuss the potential settlement and

contingencies that are present.

Next, the CMO mandates that all Interim Counsel participate in a meet and confer with Defendants

concerning discovery, class certification, experts, dispositive motions, and settlement prior to the filing

of a joint proposed case management schedule on September 8. We would like to suggest a meet and

confer internally among all plaintiffs’ counsel to see if we can reach a consensus on these issues before

discussing them with Defendants. Please let us know your availability next Monday or Tuesday for

this discussion. That will allow enough time to receive a response from Defendants on our demand for

the terms of the potential settlement, which are part of this meet and confer.

Finally, the CMO directs all Interim Counsel to meet and confer about leadership and liaison counsel,

and to attempt to reach consensus before filing any motions/applications by the September 8 deadline.

We would like to have these discussions as a group next Monday or Tuesday as well. Please advise of

your availability. 

We recognize that, even beyond the terms of the CMO, Judge Lee may have a different approach to

lead appointments than does Judge Koh. We seek an approach that is as inclusive as possible and are

interested in any and all input. We look forward to working with you.

Sincerely, 

Ekwan Rhow

Kara Wolke

David Given

Case: 1:20-cv-04699 Document #: 11-13 Filed: 08/27/20 Page 13 of 14 PageID #:194
Page 13 of 12

David Given

Megan Jones

Amanda Klevorn

Ekwan E. Rhow 

Principal

O: 310.201.2100 

F: 310.201.2110 

E: erhow@birdmarella.com

Bird, Marella, Boxer, Wolpert, Nessim, 

Drooks, Lincenberg & Rhow, P.C.

1875 Century Park East, 23rd Floor 

Los Angeles, California 90067-2561 

www.BirdMarella.com

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Case: 1:20-cv-04699 Document #: 11-13 Filed: 08/27/20 Page 14 of 14 PageID #:195