Courtesy Posting - LEGAL SERVICES TO ASSIST THE OFFICE OF THE ATTORNEY GENERAL WITH TEMU LITIGATION

The Utah Office of the Attorney General is requesting proposals for legal services to assist with investigation and litigation against Temu (PDD Holdings, Inc., f/k/a Pinduoduo, Inc., and Whaleco, Inc.) for alleged violations of data privacy and consumer protection laws, with proposals due August 6, 2026 through the Utah Public Procurement Place (U3P) system.

The scope requires at least one law firm or group of law firms to serve as outside counsel providing comprehensive legal services including case evaluation, investigation, discovery, expert identification, trial preparation, and appellate work. The successful offeror must designate a Lead Counsel with at least 20 years of complex civil litigation experience and between three and six Senior Attorneys with at least 10 years of such experience, supported by additional attorneys, paralegals, and support staff. The contract continues until all cases within the Temu litigation are resolved through successful resolution or dismissal, including all appeals, with no predetermined time limitation.

Compensation is structured as a contingent fee expressed as a percentage of the statutory maximum allowed under Utah Code Section 67-5-33: up to 25% of recoveries up to $10 million, 20% of recoveries between $10 million and $15 million, 15% for $15 million to $20 million, and 10% of amounts exceeding $20 million, with a cap of $50 million in total contingent fees. In addition to contingent fees, counsel will be reimbursed for authorized litigation costs and expenses at actual cost with no administrative overhead, subject to pre-approval by the OAG.

The offeror must maintain legal malpractice insurance of at least $5 million per incident and demonstrate financial capability to sustain at least $1.5 million annually in staff salaries for five consecutive years. The OAG retains complete control over all litigation decisions, with the Government Attorney maintaining oversight and final approval authority over all pleadings and strategic decisions. Proposals must include a Technical Proposal (not exceeding five single-spaced pages plus 30 pages of reference materials) and a separate Cost Proposal using provided forms, submitted electronically through U3P.