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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 )

APPLICATION OF AMANDA K. KLEVORN FOR APPOINTMENT TO 

THE PLAINTIFFS’ STEERING COMMITTEE AND NOMINATION OF EKWAN E. 

RHOW AND MEGAN JONES AS CO-LEAD COUNSEL, KARA WOLKE AND DAVID 

GIVEN AS MEMBERS OF THE PLAINTIFFS’ STEERING COMMITTEE, AND 

SHANNON MCNULTY AS LIAISON COUNSEL

I, Amanda K. Klevorn, counsel for minor P.S., through her legal guardian Cherise Slate, and 

minor M.W., through her legal guardian Brenda Washington, respectfully submit this application for 

appointment to the Plaintiffs’ Steering Committee and in support of Ekwan Rhow of Bird Marella 

Boxer Wolpert Nessim Drooks Lincenberg & Rhow, P.C. and Megan Jones of Hausfeld LLP as colead counsel; David Given of Phillips, Erlewine, Given & Carlin LLP, and Kara M. Wolke of Glancy 

Prongay & Murray LLP to the Plaintiffs’ Steering Committee; and Shannon McNulty of Clifford 

Law Offices as liaison counsel (collectively, the “Litigating Plaintiffs”). 

I. I will make a strong addition to the Plaintiffs’ Steering Committee because of my

significant plaintiff-side complex litigation experience and my work on this case 

to date. 

I am applying to be appointed as a member of the Plaintiffs’ Steering Committee (“PSC”) 

with a focus on the following responsibilities: oversight of research, pleadings, and motions.

1 I have 

represented plaintiffs in complex litigation since I was admitted to the Louisiana bar in 2013. In the 

1 Mr. Rhow’s leadership application suggests specific roles for each PSC position, but the members of the 

Litigating Plaintiffs’ proposed leadership structure are amenable to whatever division of work and 

responsibilities the Court feels is most efficient and appropriate. 

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last seven years, I amassed significant experience in nationwide class actions and multi-district 

litigation in a variety of practice areas, including antitrust, products liability, environmental, and data 

breaches. I was recognized as a Louisiana Super Lawyer Rising Star in 2019 and 2020 and recently by 

the Best Lawyers In America publication as “One to Watch” for 2021. Details about my experience 

as well as my Burns Charest LLP colleagues’ relevant experience are set forth in my Declaration, 

attached to this application.

I currently serve on two plaintiff steering committees: 1) In re: Gilead Tenofovir Cases, CJC-19-

005043, JCCP No. 5043, Superior Court for the State of California, County of San Francisco; and 2) 

In re Imerys Talc America, Inc. et al., Case No. 19-10289-LSS, U.S. Bankruptcy Court for the District of 

Delaware.

2 I am also Class Counsel in Scola, et al. v Facebook Inc., Superior Court for the State of 

California, County of San Mateo. I do not anticipate that my participation on these two committees

or as class counsel will in any way hinder my ability to commit the time and resources necessary to

this litigation. 

In addition to my current leadership appointments, my prior experience is directly relevant

to the responsibilities I seek to undertake on behalf of the class in this case, including oversight of 

motion practice and discovery. For example, my law firm serves on the Executive Committee in In 

re: Johnson & Johnson Talcum Powder Products Marketing, Sales Practices, and Products Liability Litigation,

3

and I have been involved in every aspect of the litigation to date, including serving as the lead brief 

writer on Daubert briefs and leading several challenges related to the defendants’ attorney-client 

privilege and work product claims. Likewise, my law firm serves as Co-Lead Counsel in In re: Epipen 

(Epinephrine Injection, USP) Marketing, Sales Practices and Antitrust Litigation,

4 where I have engaged in 

2 Further information about my work on these committees is set forth in my Declaration. 3 3:16-md-02738-FLW-LHG, U.S. District Court for the District of New Jersey.

4 2:17-md-02785-DDC-TJJ, U.S. District Court for the District of Kansas.

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extensive motion practice on class certification briefing and attorney-client privilege and work 

product issues. 

My law firm 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.

5 Prior to the filing of the complaint, I personally, along with my colleagues at Burns Charest 

and our co-counsel, expended a significant amount of time and resources identifying and 

investigating potential claims. We researched the case for months before filing, and our work 

included identifying and reviewing publicly available sources concerning the TikTok app technology, 

reviewing 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. I am committed to 

and passionate about this case.

Finally, both myself and my colleagues at Burns Charest pride ourselves on our ability to 

work well with co-counsel as well as defense counsel to avoid unnecessary disputes and resolve 

legitimate disputes as efficiently and amicably as possible. I am confident that the attorneys we have 

worked with both in past and current cases would speak to our professionalism and the spirit of 

cooperation we bring to the table at all times. 

II. The Litigating Plaintiffs’ proposed leadership structure is diverse, promotes 

efficiency, and best protects the interests of the class. 

The full leadership structure proposed by the Litigating Plaintiffs in Mr. Rhow’s application 

brings together a diverse group of younger attorneys (like myself) and more seasoned attorneys with 

substantial trial experience; attorneys who have represented both plaintiffs and defendants in class 

actions; attorneys who have performed substantial work developing this case factually and legally; 

and attorneys responsible for achieving some of the largest class action recoveries, and defending 

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

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companies exposed to some of the largest potential liabilities, in complex, document-intensive, and 

high-profile class actions, including data breach and privacy cases. The Litigating Plaintiffs’ proposal 

leaves open two PSC spots in recognition of the fact that there are other applicants who can 

contribute a diversity of experience and knowledge to the case.

The Litigating Plaintiffs’ proposed leadership structure also promotes efficiency by carving 

out areas of focus for each member. While there will certainly be circumstances where PSC 

members are called upon to assist outside of their respective “realms,” providing clearly delineated 

roles at the outset of the litigation cuts down on unnecessary, duplicative work and billing. Finally, 

the proposed leadership structure protects the interests of the class by ensuring that the attorneys 

who have committed the most time and resources developing and litigating the case and who have 

acquired the most knowledge about the case as a result have oversight of the ongoing litigation and

any potential settlement negotiations. 

III. The Litigating Plaintiffs’ proposed leadership structure satisfies the Court’s 

three-factor leadership test.

The attorneys included in the Litigating Plaintiffs’ proposed leadership structure have a welldocumented commitment to this litigation, set forth in detail in Mr. Rhow’s application, and are 

willing and available to continue to carry it forward. We filed the first complaints and have 

collectively—by far—invested the most time and resources investigating and litigating the case. Our 

ability to work cooperatively is illustrated by the fact that our firms voluntarily joined forces early in 

this litigation to work together on behalf of the class. We also invited counsel for the Settling 

Plaintiffs’ group to serve as co-lead counsel along with Mr. Rhow and suggested that an equal 

number of PSC positions go to counsel firms representing the Settling Plaintiffs as to firms 

representing Litigating Plaintiffs. Settling Plaintiffs rejected that offer, yet we have still left two PSC 

positions open on our proposed slate to be filled by talented attorneys outside of the Litigating 

Plaintiffs’ group. Finally, all of the attorneys included in the Litigating Plaintiffs’ proposed leadership 

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structure possess a wealth of relevant personal experience that will benefit the class. Their 

experience is set forth in their respective applications, and my experience is set forth above and in 

my attached Declaration.

Respectfully submitted,

Dated: September 8, 2020 BURNS CHAREST LLP

By: /s/ Amanda K. Klevorn

Amanda K. Klevorn

365 Canal Street, Suite 1170

Telephone: (504) 799-2845

Email: aklevorn@burnscharest.com

MDL Interim Counsel Attorneys for Plaintiffs minor P.S., through her 

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

guardian Brenda Washington

CERTIFICATE OF SERVICE

I hereby certify that on September 8, 2020, the foregoing document was filed electronically 

through the Court’s Electronic Case Filing System. Service of this document is being made upon all 

counsel of record in this case by the Notice of Electronic Filing issued through the Court’s 

Electronic Case Filing System on this date.

/s/ Amanda K. Klevorn

Amanda K. Klevorn

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