A communication transmitted from Louis A. DePasquale, City Manager, relative to Awaiting Report Item Number 18-30 regarding a report on the possibility of Cambridge joining the national suit against opioid manufactures and distributors

Nancy E. Glowa Assistant City Solicitors City Solicitor Paul S. Kawai INSTIVIIS Samuel A. Aylesworth Arthur J. Goldberg Keplin K. U. Allwaters Deputy City Solicitor Sean M. McKendry Megan B. Bayer Vali Buland Brian A. Schwartz REGIMINE: First Assistant City Solicitor Public Records Access Officer Jennifer Simpson CITY OF CAMBRIDGE Office of the City Solicitor 795 Massachusetts Avenue Cambridge, Massachusetts 02139 September 24, 2018 Louis A. DePasquale City Manager Cambridge City Hall 795 Massachusetts Avenue Cambridge, MA 02139 Re: Response to Awaiting Report No. 18-30, Council Order O-3 of 3/5/18 Re: Report the possibility of Cambridge joining this national suit against opioid manufacturers and distributors Dear Mr. DePasquale: We have prepared this legal opinion in response to Awaiting Report No. 18-30, Council Order O-3 of 3/5/18, which requests a report on the possibility of Cambridge joining a lawsuit against opioid manufactures and distributors. Municipalities across the country, including in Massachusetts, have brought suits against opioid manufactures and distributors alleging that they have engaged in unlawful conduct under state and federal law involving the marketing, sale and distribution of opioid prescriptions, which has led to increased costs for municipalities. Specifically, municipalities, such as Cambridge, have suffered damages such as increased law enforcement costs, first responder costs and health and human services programs costs. These suits have been brought in federal court, as well as state courts. These suits are separate from the suit filed by the Commonwealth of Massachusetts, brought by Attorney General Maura Healy, against opioid manufacturer Purdue Pharma LP, as the suits brought separately by municipalities allows municipalities to recover their individual damages. There are several law firms that are currently seeking to represent Massachusetts municipalities in these lawsuits. We have selected the law firm of Scott+ Scott, Attorneys at Law, LLP, a firm with headquarters in Connecticut, that has partnered with local counsel Anderson & Kreiger, LLP, to represent the City in a lawsuit against opioid manufactures and distributors. Scott+ Scott is an international law firm with experience representing governmental entities and experience with complex litigation involving pharmaceutical companies. The firm has 11Y/TTD [phone removed] Telephone [phone removed] Facsimile [phone removed]

2 already been retained to represent other Massachusetts municipalities, as well as municipalities and counties in other states, in opioid litigation. Scott+ Scott will file the suit on behalf of the City in Massachusetts Superior Court, seeking damages and injunctive relief that will require the defendants to cease their unlawful conduct and abate the public nuisance they have created. Scott+Scott will charge a contingency fee that will cover all fees and costs of the litigation, and Scott+ Scott only is paid if the City prevails and is awarded damages. Scott Scott, along with Anderson & Kreiger, are confident that they can effectively represent the interests of the City in this litigation. Very truly yours, Nancy E. Glowa City Solicitor