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UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF ILLINOIS

EASTERN DIVISION

IN RE: TIKTOK, INC., )

CONSUMER PRIVACY ) MDL No. 2948

LITIGATION, )

) Master Docket No. 20 C 4699

)

) Judge John Z. Lee

)

) Magistrate Judge Sunil R. Harjani

This Document Relates to All Cases )

DECLARATION OF AMANDA K. KLEVORN IN SUPPORT OF

APPLICATION FOR APPOINTMENT TO PLAINTIFFS’ STEERING COMMITTEE

I, Amanda Klevorn, declare as follows:

1. I am an attorney at Burns Charest LLP and am Counsel for Plaintiffs P.S., a minor, 

through her legal guardian Cherise Slate, and M.W., a minor, through her legal guardian Brenda 

Washington, in the present action. I am a member in good standing of the State Bar of Louisiana. 

2. I submit this Declaration in support of my Application for Appointment to 

Plaintiffs’ Steering Committee and Nomination of Ekwan E. Rhow and Megan Jones as co-lead 

counsel, David Given and Kara Wolke for the Plaintiff’s Steering Committee, and Shannon 

McNulty for Liaison Counsel.

3. I have personal knowledge of the matters set forth herein and could competently 

testify thereto.

Burns Charest’s background and experience:

4. Burns Charest possesses considerable experience—and has experienced considerable 

success—in prosecuting complex class actions in courts across the country. The firm has quickly 

gained a reputation as a leading complex litigation boutique. Founded in 2015 by two former 

Susman Godfrey LLP partners, Burns Charest lawyers have been selected to lead numerous cases of 

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national importance and scope. The firm also has an active practice representing individuals and 

businesses as plaintiffs in, among other matters, high-stakes antitrust, mass tort, and commercial 

litigation. Across all of its practice areas, the firm prides itself in not only litigating cases, but in 

taking them to trial if necessary.

5. Now at over 25 lawyers strong in Dallas, New Orleans, and a newly opened office in 

Washington D.C., Burns Charest has been appointed to leadership positions in numerous class 

actions since its founding in 2015, including: In re German Automotive Manufacturers Antitrust

Litigation, No. 17-MD-2796 (N.D. Cal.) (lead counsel); In re EpiPen (Epinephrine Injection, USP)

Marketing, Sales Practices and Antitrust Litigation, No. 17-MD-2785 (D. Kan.) (co-lead counsel); In re: 

Upstream Addicks and Barker (Texas) Flood-Control Reservoirs, Sub-Master Docket 17-9001L (Fed. Cl.) 

(co-lead counsel); In re Domestic Airlines Antitrust Litigation, No. 15-MC-01404 (D.D.C.) (executive

committee member); In re Johnson & Johnson Talcum Powder Products Marketing, Sales Practices, and 

Products Liability Litigation, No. 16-MD-2738 (D.N.J.) (executive committee member); In re Anadarko 

Oil and Gas Lease Antitrust Litigation, No. CIV-16-0209-HE (W.D. Okla.) (co-lead counsel); Kjessler v. 

Zaappaaz, Inc., et al., No. 18-CV-00430 (S.D. Tex.) (lead counsel); and In re Vehicle Carriers Antitrust 

Litigation, No. 13-CV-3306 (D.N.J.) (co-lead counsel).

6. Additional information regarding our firm’s depth and experience can be found in 

the Burns Charest LLP firm resume, attached hereto as Exhibit 1 to Klevorn Declaration, as well as 

our website, www.burnscharest.com.

My background and experience:

7. I am an attorney at Burns Charest L.L.P., and a 2013 graduate of Tulane University 

Law School. I am licensed in Louisiana state courts, the Eastern, Middle, and Western District of 

Louisiana, the Eastern District of Michigan, the Northern District of Ohio, and the United States 

Court of Appeals for the Fifth Circuit.

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8. I have significant experience prosecuting complex nationwide class actions and 

multi-district litigation in a variety of practice areas, including products liability, antitrust, 

environmental, data breaches, and wrongful foreclosure cases on behalf of homeowners.

9. I was recently recognized by the Best Lawyers in America publication’s 2021 “Ones 

to Watch” list for exhibiting professional excellence early in my legal career in the representation of 

plaintiffs in the area of mass torts/class action litigation.

10. In 2019 and 2020, I was named a Louisiana Super Lawyer Rising Star in the 

representation of plaintiffs in the area of mass torts/class action litigation.

11. Examples of my recent appointments and other representative work include:

A. In re Imerys Talc America, Inc. et al., Case No. 19-10289-LSS, U.S. Bankruptcy 

Court for the District of Delaware: In 2019, I was appointed as a member of the Personal Injury 

Claimant Committee on behalf of personal injury claimants who allege that their use of talcum 

powder products sourced by bankrupt Imerys Talc America, Inc. caused them to develop ovarian 

cancer. As a member of the committee, I am working with the debtors, the future claims 

representative, and the U.S. Trustee to establish a trust for personal injury claimants.

B. In re: Gilead Tenofovir Cases, CJC-19-005043, JCCP No. 5043, Superior Court 

for the State of California, County of San Francisco: In 2020, I was appointed as a member of the 

Plaintiffs’ Steering Committee on behalf of plaintiffs who allege that their use of drugs 

manufactured by the defendants for the treatment and prevention of HIV caused them to sustain 

serious kidney and/or bone injuries. My current focus on the steering committee is expert work and 

coordination. 

C. In re: Johnson & Johnson Talcum Powder Products Marketing, Sales Practices, and 

Products Liability Litigation, 3:16-md-02738-FLW-LHG, U.S. District Court for the District of New 

Jersey: My firm serves on the Executive Committee and we represent over 500 women who allege 

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they developed ovarian cancer as a result of using defendants’ talcum powder products. I have been 

involved in every aspect of the litigation to date, including: 1) leading several challenges related to 

the defendants’ attorney-client privilege and work product claims; 2) assisting with expert witness 

depositions; and 3) serving as the lead brief writer on two critical Daubert briefs.

D. In re: Epipen (Epinephrine Injection, USP) Marketing, Sales Practices and Antitrust 

Litigation, 2:17-md-02785-DDC-TJJ, U.S. District Court for the District of Kansas: My firm serves as

Co-Lead counsel and I led the plaintiffs’ challenges to defendants’ attorney-client and work product 

privilege assertions, which involved extensive motion practice and oral argument. As a result of 

these efforts, one of the defendants ultimately produced thousands of previously withheld 

documents. I also took and defended key Rule 30(b)(6) corporate and expert depositions and 

assisted with the motion for class certification briefing.

12. I also have experience specific to data protection issues. Before joining Burns 

Charest, I was an associate at a complex litigation firm in New Orleans, Louisiana where I 

represented financial institutions against Target, Home Depot, K-Mart, and Anthem for losses 

incurred as a result of data security breaches.

Background and experience of other Burns Charest attorneys working on this case:

13. Members of my firm also presently serve as lead counsel, co-lead counsel, and/or on 

plaintiffs’ steering committees and executive committees in several class actions and MDLs 

throughout the country and I will have the benefit of my colleagues’ extensive experience, support, 

and assistance if I am selected to serve on the Plaintiffs’ Steering Committee in this case. 

14. Additional attorneys working on this case include the attorneys listed below. 

15. Warren T. Burns is a founding and managing partner at Burns Charest concentrating 

on high-stakes, multidistrict antitrust litigation, along with other complex class action and 

commercial cases. Following law school, Mr. Burns clerked for the Honorable Paul J. Kelly, Jr. on 

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the United States Court of Appeals for the Tenth Circuit. He has handled numerous cases involving 

price fixing, monopolization, breach of contract, intellectual property, business torts, consumer 

protection statutes, and accounting malpractice. He has extensive trial and leadership experience. In 

2012, he helped lead a trial team that took the first mortgage-backed securities related case to trial. 

In a landmark and game-changing trial, the team secured a $106 million judgment on behalf of their 

client and obtained key pre-trial determinations that had a domino effect in related cases. Assured 

Guaranty v. Flagstar Bank (S.D.N.Y.) (2011-2012). 

16. From 2011-2015, Mr. Burns was named a Texas Rising Star in Business Litigation. 

He has been named a Texas Super Lawyer, one of the Best Lawyers in Dallas by D Magazine, and 

has been recognized among the Best Lawyers in America for his work in antitrust litigation. He was 

elected in 2016 to the American Law Institute, the leading independent organization in the United 

States producing scholarly work to clarify, modernize, and improve the law. He has consistently 

been named since 2015 to the Top 100 National Trial Lawyers, and since 2014 to the International 

Who’s Who of Competition Lawyers.

17. Korey A. Nelson is a founding partner at Burns Charest and manages the New 

Orleans office. He clerked for two years for the Honorable Karen Wells Roby in the United States 

District Court for the Eastern District of Louisiana and has been practicing law in private practice 

since 2007. He focuses his practice on complex civil litigation, and is currently co-lead class counsel 

in Novoa v. The Geo Group, Inc., No. 5:17-cv-02514 (C.D. Cal.), a case alleging wage theft, unjust 

enrichment, and forced labor at a private civil immigration detention facility in California. He was 

also lead counsel in In re Asbestos, Catalyst, and Silica Dust Litigation, Master Docket SX-15-cv-096 

(U.S.V.I.).

18. Will Thompson is a partner at Burns Charest with considerable complex litigation 

experience, including extensive work in In re German Automotive Manufacturers Antitrust Litigation and 

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In re Anadarko Oil and Gas Lease Antitrust Litigation. Prior to joining Burns Charest, he clerked for the 

Honorable Mary M. Schroeder, United States Court of Appeals for the Ninth Circuit, and the 

Honorable Lee H. Rosenthal, in the U.S. District Court for the Southern District of Texas.

19. Additional information about Mr. Burns, Mr. Nelson, and Mr. Thompson, as well as 

other Burns Charest attorneys, can be found on our website, www.burnscharest.com. 

Our commitment to the litigation:

20. Burns Charest and our co-counsel at Hausfeld LLP filed the first class action 

complaint making BIPA claims on behalf of an Illinois class in the Northern District of California 

on April 30, 2020: P.S., et al. v. TikTok, Inc., et al., No. 3:20-cv-2992 (N.D. Cal.).

21. Prior to the filing of the complaint, Burns Charest and co-counsel performed 

significant work over the course of several months to identify and investigate potential claims. This 

work included identifying and reviewing relevant publicly available sources concerning the TikTok 

app technology, reviewing relevant client documents, and researching legal issues pertinent to the 

prosecution of the case, including, but not limited to, potential causes of action, standing, and 

arbitration. 

22. Burns Charest is ready and able to commit our time, energy, and focus to this 

litigation. With more than 25 lawyers in three offices and decades of combined experience 

successfully funding and litigating complex class actions, Burns Charest has the track record to back 

up this commitment. We have sufficient staff and financial resources to do whatever is necessary to 

move this case forward.

I declare under penalty of perjury of the laws of the United States of America that the 

foregoing is true and correct.

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Executed this 8th day of September, 2020 at New Orleans, Louisiana.

/s/ Amanda K. Klevorn

Amanda K. Klevorn

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 900 Jackson Street, Suite 500 | Dallas, TX 75202

 469-904-4550 | BurnsCharest.com

 

Burns Charest is a young firm with a dynamic and impressive pedigree. Our founders were 

partners and attorneys at some of the finest commercial litigation boutiques in the nation. In 2015, 

we came together to build a new, aggressive platform to pursue our clients’ interests.

We know that experience matters to clients and judges. And we have it. Our lawyers have actually 

tried a complex class action to verdict, served as co-lead counsel in multi-district litigation, secured 

a $106 million judgment in the first of the 2008 mortgage meltdown cases to go to trial, obtained 

significant settlements in royalty-owner disputes, and regularly represented individuals and 

businesses in complex, bet-the-company cases.

We currently serve as lead counsel in national antitrust and other complex class actions. We 

represent numerous royalty owners in disputes against oil and gas giants. We serve hundreds of 

individuals whose lives have been threatened by exposure to asbestos and other harmful products.

We have a strong team. Our lawyers are some of the most experienced and talented of their 

generation, and we are happy to match our credentials against others.

Our focus is on the future. We believe firmly that our nation’s legal system was designed to protect 

individuals and businesses from the wrongdoing of others and to assure a level playing field. As 

lawyers, we have an incredibly important role to play in making that system work for our 

clients. And we will not shy away from a fight to protect their interests.

About Burns Charest LLP

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We are trial lawyers. We are not litigators.

What is the difference? From day one, we focus on how we are going to win your case at trial. We 

know from experience that success in the courtroom begins with a well-planned and efficient case 

strategy that focuses on what truly matters.

Our focus is not on the billable hour. We prefer to work under fee agreements that reward success 

and efficiency. By fully aligning our clients’ interests with our own, we are able to focus on 

success.

We work smartly. In each case we conduct discovery and motion practice in a way that advances 

our client’s goals. We identify key witnesses and documents, and then focus our efforts on how 

to tell our client’s story through targeted depositions and discovery.

Many firms preach efficiency; we practice it. Our clients’ interests are not best served by assigning 

multiple lawyers to perform the same task. That is not our style. We adhere to our Texas 

roots: One Riot, One Ranger.

The best lawyers are not those who scream loudest. We do not advance our clients’ cases by 

engaging in meaningless disputes with our adversaries. That wastes time and money. But be 

assured, we know what’s important and we will not shy away from zealously advancing our 

clients’ interests.

We engage our clients each step of the way as members of the team. They help shape 

strategy. They participate in every significant decision.

We know how to communicate complex ideas to judges and juries. We use innovative techniques 

and technologies to advocate for our clients at trial, employing creative means to impart their story 

and serve their interests.

Why We Win

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Antitrust

Antitrust laws are essential to our nation’s economy. Without them, businesses would be free to 

conspire to charge American consumers higher prices. And monopolists would be able to squeeze 

competitors out of the market.

Antitrust laws are so important that state and federal governments have empowered American 

consumers and businesses to bring legal claims to enforce these laws, and in some cases they may 

obtain three times their damages if successful. We gladly represent those who have been harmed 

and are seeking to enforce their rights.

We have deep experience in representing classes and individuals in antitrust suits against some of 

the world’s largest corporations. We currently serve as co-lead counsel on behalf of a class of 

American car purchasers in the Vehicle Carrier Services Antitrust Litigation case that is pending 

in federal court in New Jersey. We are also co-lead counsel in the Crude Oil Commodity Futures 

Litigation, where we brought antitrust and Commodity Exchange Act claims against individual 

traders and companies on behalf of a nationwide class. Our lawyers have served as co-lead counsel 

in other national class action cases before forming Burns Charest. And we have obtained hundreds 

of millions of dollars for the classes we have represented.

Business Disputes

When you want a lawyer, usually something has gone wrong and you need a solution; ideally a 

cost-effective result that achieves your business goals. Burns Charest can help.

Our trial lawyers have represented all types of businesses in all kinds of lawsuits. We’ve been on 

both sides—with good effect. Our lawyers have recovered millions for businesses and we’ve 

obtained complete defense wins for business clients. Whether your matter sits before a judge, a 

jury or an arbitration panel, our vast experience can often make a positive difference..

Big cases don’t require big hours. They require skill. Burns Charest attorneys are stand-up trial 

lawyers. Not discovery litigators. We focus on winning at trial, not picking needless skirmishes 

along the way.

When appropriate, we welcome the opportunity to work on a contingency-fee basis, so our reward 

comes only when you win. We will work with you to establish the right fee structure for your case, 

whether that means blended rates, flat fees or hourly rates. Ultimately, we want to establish a 

relationship that works for the client, the lawyers and the case.

Practice Areas

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We also work with referring lawyers. If you want to joint venture a case, we are willing to split 

work, expenses and fees on equitable terms. If you need to refer a case due to a conflict, we can 

take the case forward and support your recommendation. And, if you need trial counsel as the case 

matures, Burns Charest attorneys can step into the later phases of cases for trial. Above all, we 

respect the client relationships of our referring counsel.

By way of example, our lawyers have handled litigation involving:

• Breach of contract

• Tortious interference with contracts

• Interference with prospective 

contracts or business advantages

• Uniform Commercial Code (UCC) 

disputes

• Unfair competition claims

• Non-competition agreement 

violations

• Defamation and business 

disparagement

• Fraud

• Fraudulent inducement

• Accounting malpractice

Class Action

Federal and state governments have also enacted laws to safeguard Americans’ privacy rights and 

to protect consumers and businesses from unfair practices. These laws often provide individuals 

and businesses a means to bring claims against defendants for unlawful actions.

We have brought claims on behalf of American consumers and businesses in cases throughout the 

United States. Our consumer cases have involved federal and state privacy and consumer 

protection laws, as well as state statutes regulating trade practices.

Energy

Big Oil is big business, and the business of Big Oil often leads to high-stakes litigation. People 

and companies from across the nation and around the world put a lot at risk in these deals. When 

things go wrong in this sector, they tend to go very wrong. That’s where we come in.

Our combination of trial savvy, industry experience and technical know-how puts us in an 

excellent position to help you. We bring effective and efficient representation to understand the 

issues and technology and explain them to judges and juries for your benefit. We are oil and gas 

trial lawyers.

It’s complicated, but not too complex. The oil and gas industry brings its own technology, 

accounting procedures and lexicon. The lawyers at Burns Charest have deciphered and explained 

any number of these issues. Some examples include the costs and prices in revenue accounting for 

royalty calculations; the cause—at a molecular level—of production impairments in a deepwater, 

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foreign, offshore drilling program; every aspect of seismic data collection—from shot to processor; 

and the prospectivity of wells in an undeveloped field. Each case brings another aspect of oil and 

gas technology. And our lawyers have mastered each one.

Big or small, we can help. The Burns Charest team has represented an array of clients from industry 

leaders to individual landowners. From individual landowners against industry-leading operators 

to a publicly-traded, multi-billion dollar E&P company against a class of investors, to one midmajor against other mid-major. Whether you are a landowner, royalty owner, working interest 

owner, an operator, a non-operator, a service company, or any other of the many interests in the 

oil field, we have the ability to focus on your issues and apply our experience.

Litigation has followed oil and gas development across the United States and beyond. With 

locations in Texas, Louisiana and Colorado, our firm sits in the epicenter of the oil and gas 

litigation world. Our lawyers have handled oil and gas cases in their home states and beyond. The 

Burns Charest team has been involved in new shale plays — such as the Barnett, the Eagle Ford, 

the Bakken, the Haynesville, the Marcellus and the Utica as well as traditional plays that include 

the Anadarko Basin and Central Louisiana, and locations in Ghana, Mauritania and Western 

Sahara.

The scope of disputes our attorneys have handled include:

• Surface damage and other property 

damage

• JOAs

• COPAS accounting

• Investor fraud

• Environmental claims, such as water 

table contamination, drainage issues, 

pollution and hydraulic fracturing

• Lease claims

• Lease trespass claims

• Mineral rights and royalties

• IPO securities claims

• Service provider billing fraud

• Seismic data secrecy

• Development agreement breaches

• Unitization disputes

Mass Tort

When companies fail to provide a safe working environment for their employees, or sell unsafe 

products to consumers, the injured need a voice to fight for them. Burns Charest is that voice.

Our attorneys are skilled and experienced in coordinating and prosecuting such claims on a mass 

scale. Burns Charest lawyers have successfully represented clients against pharmaceutical 

companies and asbestos manufacturers. Currently we are representing hundreds of clients exposed 

to asbestos in one of the largest oil refineries in the Western Hemisphere. Additionally, we are part 

of a consortium of plaintiffs firms representing over four hundred public and private hospitals in 

opioid lawsuits across the nation. 

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Big business may have big resources, but so do we. More importantly, we also have the knowhow and experience to bring those resources to bear where and when it counts: in the courtroom.

Burns Charest also knows how to effectively manage and coordinate mass tort cases and, just as 

importantly, efficiently move these cases forward to a resolution. Because we work on a

contingency fee basis, our interests are aligned with our clients to move cases along as quickly as 

possible. Instead of getting bogged down in needless and pointless delay-causing skirmishes, we 

focus on resolving these cases as expeditiously as possible for the benefit of our clients. We know 

that delays don’t hurt the large companies, they hurt the injured waiting for their day in court.

We are here to give each person a voice in the courtroom and to level the playing field between 

the injured and Big Business.

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Attorneys

Warren Burns | Founding Partner

Selecting a lawyer for your case is a very important 

decision. You want a lawyer who understands your concerns 

and will fight to achieve your goals. You want a lawyer who 

believes in our system and knows how to succeed in it. And 

most importantly you want a lawyer who is going to give you 

candid and meaningful advice. I am that lawyer.

I focus my practice on high-stakes, multidistrict antitrust 

litigation, along with other complex class action and 

commercial cases. I have handled numerous cases involving 

price fixing, monopolization, breach of contract, intellectual 

property, business torts, consumer protection statutes, and 

accounting malpractice.

I achieve results. In 2012, I helped lead a trial team that took the first mortgage-backed-securities 

related case to trial. In a landmark and game-changing trial, we secured a $106 million judgment 

on behalf of our client and obtained key pre-trial determinations that had a domino effect in related 

cases.

I want to know more about your case and to see if there is a way I can help you. I look forward to 

talking with you.

Education & Background

Where a man comes from is important. I believe it can tell you a lot about his character and 

approach to litigation and trials.

I am from a small town in Mississippi called Kosciusko. My extended family on both sides 

has lived there for six generations. My upbringing had a profound impact on me. I learned 

the value of community, the importance of not only joining in the lives of those around 

you, but making a difference in them as well.

I spent my college years at Ole Miss. I played four years of rugby for the Ole Miss Rugby 

Football Club, starting each season as a second-row forward. I use the skills I learned on 

the rugby pitch everyday in litigation. In a fast moving match, you have to be prepared to 

play offense and defense intelligently. You have to capitalize quickly on your opponents’ 

mistakes. And you have to bring maximum pressure at the right moment to win. The same 

is true in litigation.

Attorneys

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After college, I moved to the District of Columbia to work in public relations and 

fundraising. I took a job as a junior fundraising staffer at the Basilica of the National Shrine 

of the Immaculate Conception, the largest Catholic church in the Americas. Within a year, 

I was promoted to serve as the Communications Director at the Basilica.

I next moved to the Lt. Joseph P. Kennedy, Jr. Institute, a non-profit organization dedicated 

to assisting people with developmental disabilities in their efforts to live full and complete 

lives. There, I served as the Director of Development and Public Relations.

Later, I moved to Asheville, North Carolina to assume the role of Development Director at 

Riverlink, a regional non-profit organization. At Riverlink, our focus was on restoration of 

the French Broad River and developing the economy along its banks.

I left Riverlink to attend Tulane Law School. There, I graduated summa cum laude and 

Order of the Coif, and received the John Minor Wisdom Award, Tulane’s highest prize for 

graduating law students. I also served as Editor in Chief of the Tulane Law Review.

After law school, I clerked for the Hon. Paul J. Kelly, Jr. on the U.S. Court of Appeals for 

the Tenth Circuit.

My background continuously helps me relate to witnesses and juries in ways that benefit 

my clients.

Admissions & Honors

Since 2011, I have been named a Texas Rising Star in Business Litigation.

Every year since 2014, I have been named to the International Who’s Who of Competition 

Lawyers.

In 2015 and 2016, I was included in the Top 100 National Trial Lawyers.

In 2016, I was elected to the American Law Institute. The American Law Institute is the 

leading independent organization in the United States producing scholarly work to clarify, 

modernize, and improve the law.

I am a Fellow of the American Bar Foundation. The Fellows is an honorary organization 

of attorneys, judges, law faculty, and legal scholars whose public and private careers have 

demonstrated outstanding dedication to the welfare of their communities and to the highest 

principles of the legal profession. Membership in The Fellows is limited to one percent of 

lawyers licensed to practice in each jurisdiction.

I am an active member of the Dallas Bar Association and the American Bar Association. 

In the ABA, I sit on the steering committee for the international litigation committee.

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I am also a member of the American Association for Justice and the Texas Trial Lawyers 

Association. And I am a Fellow in the Southern Trial Lawyers Association.

I sit on the Board of Advisory Editors of the Tulane Law Review, a national board 

comprised of distinguished alumni.

Representative Cases & Decisions

ANTITRUST CLASS ACTION / CONFIDENTIAL SETTLEMENTS: I serve as co-lead 

counsel in In re Vehicle Carrier Services Antitrust Litigation (2013-present) now pending 

in the District of New Jersey. On the eve of arguing against defendants’ consolidated 

motion to dismiss, I negotiated a confidential settlement with one of the principal 

defendants. I negotiated a second confidential settlement with another major defendant 

just weeks later.

ANTITRUST CLASS ACTION / LEADERSHIP: I serve on the executive committee 

in In re Domestic Airlines Antitrust Litigation (2015-present) now pending in the District 

of Columbia. Our clients have alleged that the nation’s four major airlines conspired to 

restrict capacity in order to fuel record- high profits.

ANTITRUST CLASS ACTION / CONFIDENTIAL SETTLEMENTS: I previously

served as co-lead counsel in In re Automotive Parts Antitrust Litigation (2011-2015) in the 

Eastern District of Michigan. I personally negotiated settlements exceeding $100 million 

with foreign defendants while successfully organizing and managing this complex case.

COMMERCIAL CASES / CONFIDENTIAL SETTLEMENTS: Lead trial counsel in three 

cases against the gas giant Chesapeake for breach of contract and underpayment of 

royalties relating to the oil and gas lease on the Dallas/Fort Worth International Airport. I 

have represented minority and women-owned business enterprises in their efforts to 

enforce contractual provisions against Chesapeake. I have settled all three cases 

successfully over the past three years, including one case that settled two days before trial.

COMMERCIAL CASE / CONFIDENTIAL SETTLEMENT: Lead trial counsel in a 

confidential arbitration representing a telecommunications company in its suit against its 

former billing aggregator. My client hired me with less than three months to go before trial.

SECURITIES CLASS ACTION / DEFENSE COUNSEL: Counsel in Brady v. Kosmos 

Energy, Ltd. (N.D. Tex.) (2012-present) defending a start-up oil and gas company against 

allegations centering on its initial public offering. The court recently denied plaintiffs’

motion for class certification.

COMMERCIAL CASE / JUDGMENT EXCEEDING $100 MILLION: Counsel 

in Assured Guaranty v. Flagstar Bank (S.D.N.Y.) (2011-2012), the first case to go to trial 

related to the residential mortgage backed securities market meltdown. I represented a bond 

insurer in a suit against the securities issuer, resulting in a judgment of over $100 million. 

In this expert-driven case, I managed plaintiff’s principal liability expert, on whose opinion 

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Judge Jed Rakoff relied in reaching his judgment. At trial, I cross-examined defendant’s 

principal liability expert, whose opinion Judge Rakoff ultimately discredited.

CLASS ACTION / JUDGMENT EXCEEDING $16 MILLION: Counsel in In re 

Universal Service Fund Litigation (D. Kan.) (2005-2013). We prevailed at trial on a breach 

of contract claim for AT&T’s California landline telecommunications customers.

ANTITRUST CLASS ACTION / SETTLEMENTS EXCEEDING $50 

MILLION: Counsel in In re Ready-Mixed Concrete Antitrust Litigation (S.D. Ind. 2005-

2010). We resolved the case before trial with class members receiving more than 100 

percent of their actual damages after deduction of attorneys’ fees.

PATENT CASE / CONFIDENTIAL SETTLEMENT: Counsel in Individual Network v. 

Apple (E.D. Tex.) (2007-2009) representing an inventor in its patent infringement case 

against Apple. This case involved Apple’s Genius recommendation engine. I managed all 

aspects of discovery and motion practice, including taking the depositions of all defense 

experts and managing plaintiffs infringement and validity expert. The case was resolved 

before trial.

ANTITRUST CASE / CONFIDENTIAL SETTLEMENT: Counsel in Morris & Dickson 

Co. v. Abbot Labs. (M.D. La.) (2006-2008), representing a regional pharmaceutical 

wholesaler in its suit against Abbott Laboratories for violation of the Robinson-Patman Act 

by unfairly favoring my client’s competitors. I managed all aspects of the litigation, 

including settlement negotiations. The case was resolved before trial.

Speaking Engagements

• Litigation Trends in the $50 Era, 2015 Energy and Environmental Law Summit (October 

2, 2015)

• King Cake or Po-Boy? Do Class Actions Offer Meaningful Compensation to Class 

Members, or do They Simply Rip Off Consumers Twice?, 19th Annual National Institute on 

Class Actions, American Bar Association (October 22, 2015)

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Daniel Charest | Founding Partner

Daniel developed elite trial skills on the front lines of 

high-stakes litigation. After his federal appellate 

clerkship, Daniel joined a nationally-recognized 

litigation boutique firm, where he became a partner 

as a result of successfully running and trying 

complex cases. He co-founded Burns Charest to 

build a unique set of skilled trial-oriented lawyers.

Daniel’s experience in complex actions has honed his 

approach into effective, efficient lawyering. There is 

no playbook. He combines work ethic, smarts, and 

strategic thinking to achieve the client’s goals. Daniel 

is equally comfortable in a courtroom talking to a judge or jury, in a boardroom talking to 

executives, or on a gravel road talking to witnesses. In each case, Daniel brings his real-world 

experience developed from working in leadership roles in industry at a young age that involved 

travel all over the globe and required cooperation with all forms of culture and character.

Daniel’s body of work reaches beyond any particular practice area. He has handled matters 

involving antitrust, breach of contract, oil and gas, business torts, like trade secret misappropriation 

and unfair competition, consumer protection issues, class actions, fraud, insurance bad faith, and 

wrongful death. His work has taken place across the United States, federal and state courts from 

coast to coast with plenty of places in between, and beyond to international arbitrations reaching 

across the globe. Daniel’s docket has involved procedural and jurisdictional challenges such as 

removal and remand, class certification, transfers, temporary restraining orders, temporary 

injunctions, arbitrations, and appeals.

Education & Background 

Tulane University Law School, J.D., summa cum laude (2004)

U.S. Merchant Marine Academy, B.S. Marine Transportation, cum laude (1994)

Cheverus High School, Portland, Maine (1990)

The Honorable Edith Brown Clement, U.S. Court of Appeals for the Fifth Circuit (clerkship 

2005-2006)

The Honorable Martin L.C. Feldman, U.S. District Court for the Eastern District of Louisiana 

(externship 2003-2004)

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Admissions & Honors

Admitted to practice in Texas, Virginia (inactive), the District of Columbia, the U.S. Virgin 

Islands, and several federal district courts and courts of appeal, including all Texas federal 

courts

Best Lawyers in America, 2017-2019

Named “Rising Star” in Texas by Law & Politics Magazine (Thomson Reuters) (2012, 

2013, and 2014)

Named “Future Star” in Texas by Benchmark Litigation: The Definitive Guide to 

America’s Leading Litigation Firms & Attorneys (2012, 2013, 2014, 2017)

Managing Editor of the Tulane Law Review (2003-2004)

Order of the Coif (2004)

Chief Mate, unlimited tonnage, U.S. Coast Guard

Lieutenant Commander, U.S. Navy (Reserve), with an honorable discharge

Authored the published comment, A Fresh Look at the Treatment of Vessel Managers 

Under COGSA, 78 Tul. L. Rev. 885 (2003)

Representative Cases & Decisions

Daniel works on “the largest Fifth Amendment takings cases in history,” In Re Upstream 

Addicks and Barker (Texas) Flood-Control Reservoirs, Sub-Master Docket No. 17-cv-9001L 

(Fed. Cl.), in which Daniel serves as the Court-appointed co-lead counsel for discovery and 

trial of Hurricane Harvey upstream flood victims.

Daniel quarterbacks both an international arbitration and a Texas State Court action in a fight 

over rights to a deep-water offshore drilling block off the coast of Africa (though we can’t tell 

you where—yet!), in which Daniel’s efforts resulted in obtaining both a temporary injunction 

in Texas State Court and similar emergency relief from the ICC arbitrator in London to 

preserve the asset for the client.

Daniel handles Antero Resources Corp. v. C&R Downhole Drilling Inc., No. 3:15-cv-03885-

L (N.D. Tex.), on behalf of a major oil and gas operator in the Marcellus Shale and Utica Shale 

asserting multi-million-dollar claims of fraudulent billing against an oilfield service provider.

Daniel successfully handled a multi-million-dollar claim in the Cobalt International Energy 

bankruptcy proceeding, Whitton Petroleum Services Ltd. v. Tavakoli, Plan Administrator (In 

re: Cobalt Int’l Energy, Inc.), Case No. 17-36709(MI), Adv. No. 18-03172, while overseeing 

not only an international arbitration to validate the claim amount but also an adversary 

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proceeding to challenge the characterization of six billion dollars as intercompany payables 

and over two billion dollars as intercompany receivables.

Daniel applies his extensive oil and gas royalty experience while acting as co-liaison counsel 

for In re: Chesapeake Barnett Royalty Litigation #2, MDL No. 48-000000-15 (48th District 

Court, Tarrant County, Texas), in which he represents royalty plaintiffs, including the largest 

royalty buyers in the Barnett Shale and mineral owners, including the largest mineral owner in 

the United States.

Daniel’s oil and gas practice extends from the Eagle Ford Shale, to the Permian Basin, to the 

Anadarko Basin, and beyond. His practice focuses on the business-facing issues of the oil and 

gas industry. Examples include Dodge Resource Partners, LLC v. Zahav Land Group, LLC, 

No. DC-CV54372 (142nd District Court, Midland County, Texas), which seeks to enforce a 

purchase and sale agreement relating to minerals located in Howard County, Texas, RRIG EP 

Holdings, LLC vs Rover Operating LLC, No. 52775 (118th District Court, Howard County, 

Texas), which seeks to invalidate oil and gas leases for failure to produce in paying quantities 

and cessation of production, Expedition Royalty Co, LLC. v. Nomad Land and Energy 

Resources, LLC, No. DC-18-17113 (191st District Court, Dallas County, Texas), which seeks 

to confirm the proper termination of a purchase and sale agreement), and Turtle Creek 

Exploration, LLC v. Stack Energy Partners, LLC, No. CJ-2019-9 (District Court of Grady 

County, Oklahoma), which seeks to resolve a title issue following a mineral acquisition.

Speaking Engagements

• “Disputes over Production in Paying Quantities,” Oil and Gas Disputes 2019; State Bar of 

Texas, Oil, Gas & Energy Resources Section (January 11, 2019)

• “Royalty Disputes & Litigation,” 35th Annual Course, Advanced Oil, Gas & Energy 

Resources; State Bar of Texas, Oil, Gas & Energy Resources Section (September 29, 2017)

• Litigation Trends in the $50 Era, 2015 Energy and Environmental Law Summit (October 

2, 2015)

Barrister, Patrick E. Higginbotham Inn of Court, 2009-2012

Admitted to practice in Texas, the District of Columbia, the U.S. Supreme Court, and numerous 

U.S. Court of Appeals and U.S. District Courts, including all Texas federal courts.

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Will Thompson | Partner

Will was born and raised in the mountains of Western 

Montana. After graduating from a high school class of 55, 

Will was drafted by the Philadelphia Phillies, but he 

accepted a college baseball scholarship. While at Santa 

Clara University, the San Francisco Giants drafted Will in 

the seventh round of the 2004 MLB draft. In his 

professional baseball career, Will won a batting title after 

hitting .384 for the Salem-Keizer Volcanoes, was named to 

multiple All-Star teams, was a member of multiple league 

championships, and reached the AAA level before his 

career was cut short due to an injury.

Will then graduated from Stanford Law School and subsequently clerked for Judge Mary M. 

Schroeder of the Ninth Circuit Court of Appeals and Judge Lee H. Rosenthal of the U.S. District 

Court for the Southern District of Texas. He then entered private practice—first at Susman Godfrey 

in Dallas, and later as the first associate at Burns Charest. In July 2018, Will became the first 

homegrown partner at Burns Charest, joining founding partners Warren Burns, Daniel Charest, 

and Korey Nelson.

In his private practice, Will has successfully managed a wide variety of complex matters for clients 

across the country. His work has taken him from investigations in the “hollers” of West Virginia 

to arguing dispositive motions in federal court on behalf of a nationwide class. Some of Will’s 

recent cases include the following:

Bhatia v. 3M (D. Minn): Will and Burns Charest currently serve as lead counsel on behalf of 

dentists across the country who purchased 3M’s allegedly defective “Lava Ultimate” dental 

crowns. Will authored the brief the dentists filed in opposition to 3M’s motion to dismiss and 

argued the motion before the district court. Following briefing and oral argument, the court denied 

3M’s motion to dismiss. 

In re German Autos (N.D. Cal.): Will and Burns Charest serve as lead counsel in multidistrict 

litigation accusing Audi, BMW, Volkswagen and other German automakers of a decades long 

antitrust conspiracy covering car technology, costs, suppliers and emissions equipment.

Skipper v. ACE Property and Casualty Insurance Company (S.C.): Will was the principal author 

on a brief to the South Carolina Supreme Court on an issue of first impression before the court—

whether legal malpractice claims are assignable. The Supreme Court adopted the reasoning in 

Will’s brief and unanimously ruled in his client’s favor on all points.

Will also maintains an active docket of cases in the oil and gas industry, with a particular emphasis 

on oilfield fraud.

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Education & Clerkships

University of Montana, 2008 (B.A.)

Stanford Law School, 2012 (Juris Doctor)

Law Clerk to the Honorable Mary M. Schroeder, United States Court of Appeals for the Ninth 

Circuit, 2012-13

Law Clerk to the Honorable Lee. H. Rosenthal, United States District Court for the Southern 

District of Texas, 2013-2014.

Korey Nelson | Partner

Korey represents plaintiffs in complex litigation 

throughout the United States. He has successfully litigated 

environmental pollution cases, Jones Act cases, 

pharmaceutical injury cases, mass tort cases, consumer 

class cases, and other matters in state and federal courts. 

Many of his cases come from other lawyers and the first 

day he takes your case, he focuses on making it trial-ready. 

Korey understands that although most cases end in 

settlement, making your case trial-ready is a key 

component of any successful settlement.

Just two examples of his past representation include his 

role as lead counsel representing plaintiff landowners in Bunch v. Brighton Energy, a state court 

lawsuit involving environmental pollution resulting from eighty years of oil and gas operations on 

170 acres of property. Defendants were well-heeled oil companies that settled several weeks before 

trial for a favorable cash settlement and regulatory cleanup of the property. He was also courtappointed Class Counsel in Chehalem Physical Therapy v. Coventry, a federal court case involving 

the underpayment of insurance benefits to healthcare providers throughout the United States. After 

the Court certified a nationwide injunctive class, the parties reached an agreement settling not only 

the injunctive portion of the case, but also settling class-wide claims for retrospective damages. 

Previously the Court denied certification of a retrospective damages class.

After graduation from law school, Korey clerked for the Honorable Billie Colombaro Woodard, 

(ret.) at the Louisiana Third Circuit Court of Appeal and then went on to clerk for the Honorable 

Karen Wells Roby in the Eastern District of Louisiana. After clerking, he worked at a boutique 

litigation firm in New Orleans before co-founding the New Orleans office of Burns Charest LLP.

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Education & Background

Tulane University Law School, J.D., 2004

College of Charleston, B.A., magna cum laude, 2000

Judicial Law Clerk, 2005-2007, Hon. Karen Wells Roby, Eastern District of Louisiana

Judicial Law Clerk, 2004, Hon. Billie Woodard (ret.), Third Circuit Court of Appeal

Honors & Publications

Senior Managing Editor, Tulane Environmental Law Journal (2003-2004)

Comment: Judicial Review of Agency Decisionmaking, 17 Tul. Envt’l L. J. 177 (2003)

Amanda Klevorn | Associate 

Amanda represents plaintiffs in consumer-oriented 

complex litigation in both federal and state courts. Her 

clients have included homeowners, landowners, patients 

harmed by defective products and drugs, and victims of

federal civil rights violations. Amanda began her career at 

a boutique plaintiff-side litigation firm in New Orleans 

where she gained invaluable experience in a variety of 

practice areas, with a particular emphasis on environmental 

and mass tort litigation. More recently, she practiced at a 

civil rights law firm and represented plaintiffs in federal 

courts throughout the United States.

Born and raised in St. Louis, Missouri, Amanda moved to New Orleans in 2010 to attend Tulane 

University Law School. At Tulane, she developed her litigation skills and her passion for client 

advocacy as a student attorney with Tulane’s Civil Litigation Clinic. While involved with the 

competitive Tulane moot court program, Amanda’s team won the 2012 Louisiana State Bar 

Association trial competition, and she was elected to the Order of the Barristers by her peers. She 

also served as a managing editor for the Tulane Journal of International and Comparative Law.

Education & Background

Tulane University Law School, J.D., 2013

St. Louis University, B.A., summa cum laude, 2008

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Honors

Order of the Barristers, 2013

Trial Advocacy Honors, 2012

Louisiana State Bar Association Trial Competition State Champion, 2012

Managing Editor, Tulane Journal of International & Comparative Law, 2012-2013

Spencer Cox | Associate

Spencer Cox represents individuals and businesses in 

complex litigation in both state and federal courts. Mr. Cox 

graduated magna cum laude from Harvard Law School 

before clerking for the Honorable F. Dennis Saylor, IV, of 

the U.S. District Court for the District of Massachusetts.

Mr. Cox provides world-class representation to his clients 

through smarts, hard work, and a commitment to 

excellence. Before becoming a lawyer, he served in the U.S. 

Navy as a Naval Aviator and flight instructor in the F/A-18 

Super Hornet, and recorded more than 400 arrested carrier 

landings. As a fighter pilot, Mr. Cox learned the 

importance of attention to detail and demonstrated a knack 

for performing best when the stakes are highest. As an 

attorney, he understands the importance of focusing the strengths of your case against an opposing 

party’s weaknesses in order to win.

Education & Background

University of Virginia, B.A., Physics

Harvard Law School, J.D., magna cum laude

Law Clerk to the Honorable F. Dennis Saylor, IV, of the United States District Court for the 

District of Massachusetts

Admissions & Honors

State of Texas

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