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IN THE UNITED STATES DISTRICT COURT

FOR THE NORTHERN DISTRICT OF ILLINOIS

EASTERN DIVISION

IN RE: TIKTOK, INC.,

CONSUMER PRIVACY

LITIGATION

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MDL No. 2948

Master Docket No. 20 C 4699

Judge John Z. Lee

Magistrate Judge Sunil R. Harjani

APPLICATION OF JAMES B. ZOURAS IN SUPPORT OF (1) HIS APPOINTMENT TO 

THE STEERING COMMITTEE AND (2) THE APPOINTMENT OF

KATRINA CARROLL AND JONATHAN JAGHER AS CO-LEAD COUNSEL

In accordance with Case Management Order No. 2, James B. Zouras of Stephan Zouras, 

LLP submits this application and respectfully requests appointment to the Steering Committee. 

Additionally, Stephan Zouras, LLP hereby nominates Katrina Carroll of Carlson Lynch LLP and 

Jonathan Jagher of Freed Kanner London & Millen LLC as Co-Lead Counsel to prosecute this 

class action. In support of this Nomination, Stephan Zouras, LLP states as follows:

I. James B. Zouras Has Unparalleled BIPA Experience and Is Highly 

Qualified to Serve on the Steering Committee

James B. Zouras of Stephan Zouras, LLP – along with attorneys at his firm – has been a 

leader in the investigation and development of claims under BIPA from the earliest suits brought 

under the law. Mr. Zouras has secured key victories at both the trial and appellate levels that have 

changed the landscape for BIPA plaintiffs across Illinois, and his track record for producing 

exceptional settlements for his clients is unmatched. With his proven experience, which is both 

broad and deep, Mr. Zouras has a demonstrated ability to help achieve the best result for the class 

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here by serving on the steering committee. Indeed, Mr. Zouras and his firm are one of, if not, the 

leading experts in the nation on the legal and factual issues presented by BIPA, and their ability to 

represent the interests of the class is unmatched. 

In addition to a long history of achieving meaningful results for class action plaintiffs, Mr. 

Zouras has a well-documented track record in achieving favorable development of the law under 

BIPA, securing numerous groundbreaking decisions and settlements for BIPA plaintiffs, 

coordinating with other members of the plaintiffs’ bar in pending BIPA litigation, tracking BIPA 

litigation generally, and dedicating substantial resources to protect this important law against 

legislative attack. 

Courts have appointed Mr. Zouras and his firm as lead or co-lead counsel in hundreds of 

complex class and collective actions, resulting in a collective recovery, by both jury verdict and 

settlement, of over $150 million for hundreds of thousands of individuals nationwide. 

Mr. Zouras has an unsurpassed track record in investigating and litigating BIPA claims.

Both he and his firm are pioneers in BIPA litigation, having filed one of the first class actions in 

the employment context in 2017. Since then, Mr. Zouras and his firm have been deeply involved 

in virtually every legal issue presented in BIPA, almost all of which were issues of first impression, 

and continue to aggressively advocate on behalf of hundreds of thousands of class members in 

both the consumer and employment context.

Aside from his courtroom victories, Mr. Zouras’ zealous advocacy for his clients has 

resulted in outstanding classwide settlements which, in almost every case, not only provide 

substantial monetary relief, but also a settlement structure that distributes funds via direct checks 

to the class without a claims structure—a highly equitable model that rejects reversion. As attested 

in detail in his attached declaration, Mr. Zouras’ unwavering advocacy for the best possible results 

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for BIPA plaintiffs makes him an ideal choice for appointment to a position on the steering 

committee. See Exhibit A, Declaration of James B. Zouras and exhibits attached thereto.

II. Katrina Carroll and Jonathan Jagher Possess the Skills, Dedication 

and Resources to Serve as Co-Lead Counsel

Katrina Carroll and Jon Jagher share Mr. Zouras’ tireless work ethic and laser focused

dedication. Time and time again, they have proven that they have the skill, leadership and 

experience necessary to spearhead this litigation. As the Court is well-aware, this case involves 

novel and complex issues implicating not only the personal data and privacy of millions of 

Americans (the vast majority of whom are minors), but also national security concerns. The 

investigation, prosecution and ultimate resolution of this matter will inform how social media 

platforms – particularly those linked to state actors (including potential adversaries) – must strictly 

conform to our laws in exchange for the privilege of doing business in the United States. These 

unique considerations, along with the always-paramount interests of the putative class, are best 

served by a cadre of skilled, knowledgeable and highly-experienced plaintiffs’ class action 

attorneys, well-versed in all areas of biometric and other data privacy, cybersecurity, and consumer 

rights. Ms. Carroll and Mr. Jagher built, organized and are effectively leading that team. Based 

upon the factors considered by this Court, the Court should have no hesitation in formally 

appointing them as co-lead counsel.

Factor One: Ms. Carroll and Mr. Jagher have championed the interests of the class and have 

demonstrated a willingness and availability to commit to this litigation.

The dramatic progress made in this litigation is no accident. Since the onset of our 

involvement six months ago, we have observed Ms. Carroll and Mr. Jagher devote extraordinary 

amounts of time, energy and resources to exhaustively vetting not just every procedural and 

substantive aspect of this litigation, but all strategic considerations as well. They have consistently 

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put the interests of the class above all others. After thoroughly investigating the law and the facts, 

they spearheaded a successful mediation at a critical juncture for the class. At all times, they 

remained in constant contact and communication with all plaintiffs’ counsel. Their factual 

investigation, many of which concern defendants’ interaction with an opaque foreign government, 

has left no stone unturned. While all class actions of this magnitude require a high level of 

commitment, the current political climate demands a heightened degree of attentiveness. Critical, 

perhaps dispositive, decisions must be made on an almost daily basis swiftly, but only after 

thorough analysis of all options. By fostering an inclusive and professional environment where 

all voices are heard, and input is both seriously considered and applied, Ms. Carroll and Mr. Jagher

have risen to the challenge. They possess everything one would expect from thoughtful, sound 

and organized leaders. 

Factor Two: Ms. Carroll and Mr. Jagher have demonstrated an ability to work cooperatively 

with others.

Ms. Carroll and Mr. Jagher are consummate professionals. Recognizing that the successful 

prosecution of this kind of litigation requires a cohesive team effort, they actively tapped into the

knowledge, expertise and discrete skill sets of the Settling Plaintiffs’ counsel, each of whom have 

discrete concentrations and are well-respected members of the plaintiffs’ bar. They promoted 

teamwork by focusing on shared goals and fostering an open exchange of information. The result 

has been mutual trust and confidence with virtually no in-fighting. 

Ms. Carroll and Mr. Jagher have fostered a collegial, cooperative and efficient working 

relationship with plaintiffs’ counsel, where each team member contributes in accordance with their 

strengths – all the hallmarks of leaders. As Mr. Zouras attests, throughout the course of this 

litigation, Ms. Carroll and Mr. Jagher took full advantage of the wealth of knowledge and 

experience offered by the Settling Plaintiffs’ counsel. They tapped into everyone’s unique 

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expertise, were receptive to everyone’s input, thoroughly researched all the relevant claims and 

issues, and obtained all information and data necessary to fully prepare for every aspect of this 

litigation to date.

Factor Three: Ms. Carroll and Mr. Jagher have vast experience in similar litigation and have 

been appointed lead counsel in other multi-party litigation.

Ms. Carroll and Mr. Jagher have held leadership roles in numerous significant and 

groundbreaking class actions involving many of the same data privacy and security issues raised 

in this case. They are well-known for bringing a wealth of unparalleled knowledge, work ethic and 

integrity to every matter they take on.

Other Relevant Considerations.

As an aside, we believe Ms. Carroll and Mr. Jagher should be lauded for their efforts in 

unifying counsel, avoiding petty ego-driven squabbles which, lamentably, all-too-often surface in 

the plaintiffs’ bar. They fully understand the dynamics of team building, and that with strong 

leadership, a team can often achieve results on a far greater level than any individual.

Date: September 8, 2020 Respectfully Submitted,

/s/ James B. Zouras

James B. Zouras

Ryan F. Stephan

Andrew C. Ficzko

Megan E. Shannon

STEPHAN ZOURAS, LLP

100 N. Riverside Plaza,

Suite 2150

Chicago, Illinois 60606

312.233.1550

312.233.1560 f

rstephan@stephanzouras.com

jzouras@stephanzouras.com

aficzko@stephanzouras.com

mshannon@stephanzouras.com

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Counsel for Plaintiff H.S., a minor, through

her guardian, J.S.

CERTIFICATE OF SERVICE

I, the attorney, hereby certify that on September 8, 2020, I filed the attached with the Clerk 

of the Court using the ECF system, which will send such filing to all attorneys of record.

 /s/ James B. Zouras

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