Legal Services - Outside Counsel

The Massachusetts Office of the Attorney General (AGO) issued a Request for Proposal on March 19, 2026, for outside counsel to provide comprehensive legal services related to the investigation, negotiation, and litigation of claims against TikTok, Inc. and its affiliated entities, specifically including representation in Commonwealth of Massachusetts v. TikTok Inc., et al., Suffolk Superior Court Civil Action No. 2484CV02638BLS1. The scope of services encompasses case strategy development, settlement negotiation, motions practice, discovery, witness preparation, depositions, trial representation, appeal representation, and coordination with other state attorneys general and litigants involved in similar matters. Required qualifications include demonstrated experience in complex civil litigation involving social media and large software companies, an excellent reputation in the legal community, sufficient firm staffing and resources, admission or eligibility for pro hac vice admission to practice in Massachusetts and other jurisdictions as needed, and experience representing government entities. Proposals must be submitted electronically to GCOMailbox@mass.gov no later than 5:00 p.m. on April 9, 2026, with the email heading "TikTok Investigation and Litigation," and questions regarding the RFP must be submitted through COMMBUYS by March 31, 2026. Selection criteria include willingness to work under AGO direction and a contingency fee structure that provides value to the Commonwealth with no conflicts of interest, and the AGO reserves the right to conduct personal interviews and presentations with selected bidders. The selected bidder must agree to the Commonwealth of Massachusetts Standard Contract Form and Terms and Conditions, which cannot be amended by the AGO.

The RFP does not identify specific set-aside designations or restrictions limiting the types of organizations that can respond, and no incumbent vendors or current contractors are listed in the available documentation. Compensation will be negotiated separately under a contingency fee contract structure between the selected outside counsel and the AGO, with no specific budget range or award value disclosed in the solicitation materials. Proposals will be subject to the Massachusetts Public Records Law, with only information separately marked as confidential regarding conflicts of interest permitted to be withheld from public disclosure under the Rules of Professional Conduct. The AGO retains final discretion over all litigation decisions, including whether to initiate litigation, claims to be brought, legal positions, settlement offers, and damages sought, emphasizing that the agency is not obligated to select outside counsel based solely on submitted proposals.