Courtesy Posting - Legal Services to Assist the Office of the Attorney General with OpenAI Investigation and Litigation

The Office of the Attorney General, State of Utah, is soliciting proposals for legal services to assist with investigation and litigation against OpenAI regarding alleged violations of data privacy, competition, and consumer protection laws under RFP Solicitation #GN27-3, with proposals due August 18, 2026.

The core team must consist of a Lead Counsel with at least twenty years of complex civil litigation experience and three to six Senior Attorneys each with at least ten years of such experience, plus sufficient supporting attorneys, paralegals, and staff. All attorneys must be active licensed members in good standing of at least one state or federal district court bar. Mandatory qualifications include certification of litigation team experience, conflict of interest verification, proof of legal malpractice insurance coverage of at least $5 million per incident, commitment to background checks, and certification of non-debarment status.

Technical proposals are limited to five single-spaced pages plus thirty pages of reference materials and must address the designated team, detailed litigation approach, conflict disclosures, and client identification. Compensation is structured as contingent fees tiered from twenty-five percent of the first ten million dollars recovered to ten percent of amounts exceeding twenty million dollars, capped at fifty million dollars in total recovery, plus reimbursement of authorized costs at actual amounts without administrative overhead. The offeror's contingent fee percentage applies proportionally across all tiers. Cost proposals specify only the maximum contingent fee percentage accepted.

The contract continues until conclusion of all litigation including appeals, or until the Attorney General determines not to pursue further litigation. Offerors must demonstrate financial capability to sustain at least $1.5 million in annual salaries for five consecutive years.

Evaluation allocates 700 points to technical criteria (40% lead counsel and senior attorney qualifications, 40% firm and litigation team capabilities, 40% litigation vision and strategy, and 20% financial capability) and 300 points to cost evaluation, with proposers requiring a minimum of 500 technical points to qualify for cost consideration. Selected offerors advance to mandatory two-hour presentation interviews where Lead Counsel must be available. Multiple contract awards are permitted.