Today, U.S. District Judge Carl Barbier, the judge presiding over thousands of BP oil spill-related lawsuits,ORDERED BP, and its agents Ken Feinberg, Feinberg Rozen LLP, and the Gulf Coast Claims Facility, and any of their representatives to:
(1) Refrain from contacting directly any claimant that they know or reasonably should know is represented by counsel, whether or not said claimant has filed a lawsuit or formal claim;
(2) Refrain from referring to the GCCF, Ken Feinberg, or Feinberg Rozen, LLP (or their
representatives), as "neutral" or completely "independent" from BP. It should be clearly disclosed in all communications, whether written or oral, that said parties are acting for and on behalf of BP in fulfilling its statutory obligations as the "responsible party" under the Oil Pollution Act of 1990.
(3) Begin any communication with a putative class member with the statement that the
individual has a right to consult with an attorney of his/her own choosing prior to accepting any settlement or signing a release of legal rights.
(4) Refrain from giving or purporting to give legal advice to unrepresented claimants,
including advising that claimants should not hire a lawyer.
(5) Fully disclose to claimants their options under OPA if they do not accept a final
payment, including filing a claim in the pending MDL 2179 litigation.
(6) Advise claimants that the "pro bono" attorneys and "community representatives"
retained to assist GCCF claimants are being compensated directly or indirectly by BP.
Source:
2011_02_02_JudgeBarbierOrderThatFeinberg&GCCFNotIndependent.pdf
