Kaplan Fox
{{Infobox law firm
| name = Kaplan Fox
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| headquarters = New York City
| num_offices = 4
| offices =
| num_attorneys = 39
| num_employees = 45
| practice_areas = Class action lawsuits, complex litigation, securities
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| date_founded = 1955
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| website = {{URL|https://www.kaplanfox.com}}
}}
Kaplan Fox, also known as Kaplan Fox & Kilsheimer, is an American plaintiffs' law firm. Founded in 1955, the firm employees 39 lawyers in offices in New York, San Francisco, Los Angeles, Chicago, and New Jersey.
Cases
In 2014, The New York Times wrote that Kaplan Fox was part of "a flourishing industry that pairs plaintiffs' lawyers with state attorneys general to sue companies, a collaboration that has set off a furious competition between trial lawyers and corporate lobbyists to influence these officials."{{cite news |last1=Lipton |first1=Eric |title=Lawyers Create Big Paydays by Coaxing Attorneys General to Sue |url=https://www.nytimes.com/2014/12/19/us/politics/lawyers-create-big-paydays-by-coaxing-attorneys-general-to-sue-.html |access-date=26 October 2021 |work=The New York Times |date=19 December 2014}} The firm has been a major donor to state attorneys general associations, candidates, state party committees, and attorneys general running for governor.{{cite news |title=Political Gifts from Plaintiffs' Lawyers |url=https://www.nytimes.com/interactive/2014/12/19/us/politics/political-gifts-from-plaintiffs-lawyers.html |access-date=26 October 2021 |work=The New York Times |date=18 December 2014}}
In 2020, Kaplan Fox brought class action litigation against financial trading platform Robinhood Markets. Along with another law firm, Kaplan Fox spearheaded coordination among the plaintiffs' firms that filed various class action lawsuits, urging the firms to consolidate in federal court. They asked U.S. District Judge James Donato to appoint them interim counsel and to name an executive committee of nine attorneys from different plaintiffs' law firms. Donato rejected the proposed leadership structure due to its lack of diversity, citing the fact that all of the proposed representatives were men. Donato also said the proposed list included many lawyers and law firms that are frequently involved in class actions and multidistrict litigation (MDL), and "that experience might benefit the prospective class, but highlights the 'repeat player' problem in class counsel appointments that has burdened class action litigation and MDL proceedings."{{cite news |last1=Frankel |first1=Alison |title=Judge in Robinhood class action balks at all-male class counsel team |url=https://www.reuters.com/article/legal-us-otc-diversity/judge-in-robinhood-class-action-balks-at-all-male-class-counsel-team-idUSKCN24G324 |access-date=26 October 2021 |work=Reuters |date=15 July 2020 |language=en}}{{cite news |last1=Chapoco |first1=Ralph |title=Calls for Lawyer Diversity Spread to Complex Class Litigation |url=https://news.bloomberglaw.com/social-justice/calls-for-lawyer-diversity-spread-to-complex-class-litigation |access-date=26 October 2021 |work=news.bloomberglaw.com |date=July 30, 2020 |language=en}}
In July 2021, Kaplan Fox filed a consumer class action lawsuit against Honda, alleging some of their cars have defective batteries.{{cite news |title=Kaplan Fox Jumps Into Litigation Over Allegedly Defective Honda Accord Batteries |url=https://www.law.com/therecorder/2021/07/29/kaplan-fox-jumps-into-litigation-over-allegedly-defective-honda-accord-batteries/ |access-date=26 October 2021 |work=The Recorder |publisher=Law.com |date=July 29, 2021 |language=en}}
Kaplan Fox represented a class of litigants who sued Apple Inc. over iPhone battery life, obtaining a $310 million settlement. The class action lawyers in the case received an $81 million fee award. In an amicus brief filed in the 9th Circuit Court of Appeals, attorneys general for 13 states challenged the lawyers' fees.{{cite news |last1=Bronstad |first1=Amanda |title='Wildly Excessive': A Dozen State AGs Denounce Fee Request in Apple's Throttling Settlement |url=https://www.law.com/therecorder/2020/12/01/wildly-excessive-a-dozen-state-ags-denounce-fee-request-in-apples-throttling-settlement/ |access-date=26 October 2021 |work=The Recorder |publisher=Law.com |date=December 1, 2020 |language=en}} The attorneys general said that class counsel from Kaplan Fox and Cotchett, Pitre & McCarthy deserved no more than their lodestar billing of $36 million.{{cite news |last1=Frankel |first1=Alison |title=Class counsel in Apple 'throttling' case beat multifront attack to land $81 million in fees |url=https://www.reuters.com/article/legal-us-otc-apple/class-counsel-in-apple-throttling-case-beat-multifront-attack-to-land-81-million-in-fees-idUSKBN2BA2P6 |access-date=26 October 2021 |work=Reuters |date=18 March 2021 |language=en}} The fee award was also challenged by some members of the class action lawsuit, who argued that the 26% award was excessive.{{cite news |last1=Frankel |first1=Alison |title=State AGs push for lodestar fee in $310 mln Apple class appeal – despite their own contingency deals |url=https://www.reuters.com/legal/litigation/state-ags-push-lodestar-fee-310-mln-apple-class-appeal-despite-their-own-2021-10-14/ |access-date=26 October 2021 |work=Reuters |date=15 October 2021 |language=en}} The United States Department of Justice urged "the judge to remember that every dollar awarded to class counsel is a dollar that consumers will not receive." Class members were expected to receive $25 for each iPhone owned.{{cite news |last1=Steinberg |first1=Julie |title=Apple's $500 Million iPhone Deal Warrants Approval, Plaintiffs Say |url=https://news.bloomberglaw.com/tech-and-telecom-law/apples-500-million-iphone-deal-warrants-approval-plaintiffs-say |access-date=26 October 2021 |work=news.bloomberglaw.com |date=March 2, 2020 |language=en}}