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On April 8, 2013, long before this Opioid MDL was constituted, the City of Chicago retained Linda Singer, then of the law firm of Cohen Milstein, as 'Special Assistant Corporation Counsel . . . to represent it in the investigation and litigation of potential claims regarding fraudulent marketing of opioid drugs.' Four and a half years later, the Judicial Panel on Multidistrict Litigation formed the Opioid MDL on December 5, 2017. On January 4, 2018, the Court appointed Joseph F. (Joe) Rice, of the law firm Motley Rice, as co-lead counsel for the Plaintiffs' Executive Committee (PEC). OptumRx became a defendant in the opioid litigation three weeks later, on January 25, 2018. Brian D. Boone, counsel for OptumRx, noticed his appearance on April 30, 2018. On September 6, 2018, the City of Chicago retained Motley Rice as 'Special Assistant Corporation Counsel . . . to represent it in the investigation and litigation of potential claims' relating to copay clawbacks a separate matter from the 'Chicago Opioid Investigation.' Ms. Singer transferred from Cohen Milstein to Motley Rice and retained her City of Chicago client. On September 13, 2018, Motley Rice assumed representation of the City of Chicago in the Chicago Opioid Investigation, as well. Motley Rice served a subpoena on OptumRx, seeking documents related to the Chicago Copay Investigation. On February 19, 2019, OptumRx, the City of Chicago, and Motley Rice entered into a confidentiality agreement regarding Investigation documents produced by OptumRx. On December 1, 2020, Motley Rice entered into a contract with Washington, D.C., to 'assist in the investigation of and possible litigation against Pharmacy Benefits Managers for potential violations of District Law' related to the PBMs' 'integral role in setting the prices paid for prescription drugs.' On December 28, 2020, Motley Rice served a subpoena on OptumRx seeking documents related to that 'D.C. Price Investigation.' On July 1, 2021, OptumRx, the District of Columbia, and Motley Rice entered into a confidentiality agreement regarding Investigation documents produced by OptumRx. On April 29, 2021, Motley Rice entered into an 'Agreement For Special Deputy Attorney General Services' with the State of Hawaii to assist in its investigation into 'the billing practices of pharmacy benefits managers,' including OptumRx and others, 'that provide services' in the State. On October 15, 2021, Motley Rice served a subpoena on OptumRx on behalf of the State seeking documents related to that 'Hawaii Billing Investigation.' On May 18, 2022, OptumRx, the State of Hawaii, and Motley Rice entered into a confidentiality agreement regarding Investigation documents to be produced by OptumRx. The agreements are clear that Motley Rice was: (1) an independent contractor, (2) not an agent or employee of the governmental entity, and (3) subject to the governmental entity's control in performing the civil investigation. Motley Rice asserts that, 'regardless of the label, Motley Rice was retained and acted as private counsel for a public client.' Motley Rice was able to wield some level of government authority. It served pre-litigation government investigative subpoenas and received documents in response on behalf of its government clients. OptumRx now contends that Motley Rice, through its work for the governments of Chicago, Washington, D.C., and Hawaii in their separate Investigations, obtained 'confidential government information' about OptumRx that could be used to OptumRx's material disadvantage in the Opioid MDL. OptumRx seeks 'to disqualify the law firm Motley Rice and its attorneys from participating in any pending or future proceedings involving OptumRx or its parents or affiliates.'

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