Frequently Asked Questions

BASIC INFORMATION

1. WHY IS THIS NOTICE BEING PROVIDED?

A Federal Court authorized the Notice because you have the right to know about the proposed Settlement of this class action lawsuit that may affect your rights. The notice explains the nature of the lawsuit, the general terms of the proposed settlement and what it may mean to you. The notice also explains the ways you may participate in, or exclude yourself from, the Settlement.

The Honorable Gerald J. Pappert of the United States District Court for the Eastern District of Pennsylvania is the judge overseeing this class action. The case is known as Clemens v. ExecuPharm, Inc., Case No. 2:20-cv-03383-GJP (the “Lawsuit”). The individual who filed this lawsuit is called the “Plaintiff” or “Class Representative” and the settling company she sued, ExecuPharm, Inc., is called “ExecuPharm” or the “Defendant.”

2. WHAT IS THIS LAWSUIT ABOUT?

Plaintiff alleges that on or around March 13, 2020, cybercriminals obtained unauthorized access to ExecuPharm’s servers and exfiltrated the personal information of certain current and former employees of ExecuPharm and Parexel (the “Data Breach”). The exfiltrated information may have included Social Security numbers, taxpayer ID/EIN, driver’s license numbers, passport numbers, bank account numbers, credit card numbers, national insurance numbers, national ID numbers, IBAN/SWIFT numbers, and beneficiary information.

ExecuPharm denies that it did anything wrong, and no court or other entity has made any judgment or other determination of any wrongdoing. Instead, Plaintiff and ExecuPharm have agreed to a settlement to avoid the risk, cost, and time of further litigation.

3. WHY IS THE LAWSUIT A CLASS ACTION?

In a class action, one or more people called class representatives sue on behalf of all people who have similar claims. Together all these people are called a “Settlement Class” or “Settlement Class Members.” One court resolves the issues for all Settlement Class Members, except for those Settlement Class Members who timely exclude themselves from the Settlement Class. Here, the Settlement Class Representative sued on behalf of a class of all individuals whose information may have been impacted as a result of the Data Breach.

4. WHY IS THERE A SETTLEMENT?

The Court has not decided in favor of Plaintiff or ExecuPharm. Instead, both sides agreed to a settlement. The Settlement is not an admission that ExecuPharm did something wrong, but rather is a compromise to end the lawsuit. Settlements avoid the costs and uncertainty of a trial and related appeals, while more quickly providing benefits to members of the Settlement Class. The Settlement Class Representative and her attorneys believe the Settlement is fair, reasonable, and adequate and, thus, best for the Settlement Class.

WHO IS INCLUDED IN THE SETTLEMENT?

5. HOW DO I KNOW IF I AM PART OF THE SETTLEMENT?

You are a Settlement Class Member if you received the notice or you were one of the approximately 3,728 individuals who were mailed or e-mailed a notification that your personal information may have been impacted in the Data Breach occurring in or around March 2020.

6. ARE THERE EXCEPTIONS TO BEING INCLUDED IN THE SETTLEMENT?

Yes. Excluded from the Settlement Class are: (1) all Settlement Class Members who timely and validly request exclusion (“opt-out”) from the Settlement Class; (2) ExecuPharm, and ExecuPharm’s board of directors, legal representatives, successors, subsidiaries, and assigns; and (3) any judge, justice, or judicial officer presiding over the Action and the members of their immediate families and judicial staff.

7. WHAT IF I AM STILL NOT SURE WHETHER I AM PART OF THE SETTLEMENT?

If you are still not sure whether you are a Settlement Class Member, you may call the Settlement Administrator’s toll-free number at 1-888-369-3795.

THE SETTLEMENT BENEFITS—WHAT YOU GET IF YOU QUALIFY

8. WHAT DOES THE SETTLEMENT PROVIDE?

Reimbursement for Undocumented Lost Time:
If you lost time as a result of the Data Breach, you can submit a claim for up to 7 hours of undocumented time at $25 per hour (maximum of $175). Settlement Class Members must attest that the time claimed was actually spent as a result of the Data Breach.

Reimbursement for Documented Out-of-Pocket Expenses and Lost Time:
If you are a Settlement Class Member and you file a valid and timely Claim Form, you may be eligible for reimbursement of documented out-of-pocket expenses, not to exceed $10,000 per Settlement Class Member, that were incurred as a result of the Data Breach. This may include, but is not limited to:

• Out-of-pocket costs, expenses, losses, or other charges incurred as a result of identity theft or identity fraud, falsified tax returns, or other possible misuse of a Settlement Class Member’s Personal Information;
• Out-of-pocket costs incurred after the Data Breach was disclosed associated with changing accounts or engaging in other mitigative conduct, such costs may include notary, fax, postage, copying, mileage, and long-distance telephone charges;
• Out-of-pocket professional fees incurred to address the Data Breach; and
• Out-of-pocket purchases of credit monitoring or other mitigative services after the Data Breach was disclosed, through the date of the Settlement Class Member’s Claim submission.

As a component of this documented expenses compensation, Settlement Class Members can also submit a claim for reimbursement for documented time spent remedying issues related to the Data Breach for up to five (5) total hours at a rate of twenty-five United States Dollars ($25) per hour capped at one hundred twenty-five United States Dollars ($125) (“Documented Lost-Time Claims”). Settlement Class Members with Documented Lost-Time claims must submit documentation and attest that the time claimed was actually spent as a result of the Data Breach. Settlement Class Members may submit claims for Undocumented and Documented Lost-Time Claims, but the time claimed cannot be duplicative between Undocumented and Documented Time. Settlement Class Members with Documented Out-of-Pocket Expense Reimbursement claims must submit documentation supporting that the amount claimed is the result of the Data Breach.

Alternative Cash Payment for California Class Members:
If you were a resident of the state of California as of March 13, 2020, you can submit a claim for a one-time payment of $100 in lieu of a claim for reimbursement for Documented Out-of-Pocket Expenses and Lost Time.

Free 3-Bureau Credit Monitoring Services:
You can submit a claim to enroll in three years of free 3-bureau credit monitoring with Identity Defense Total 3-Bureau. The credit and identity theft monitoring will have the following features: (1) real time monitoring of the credit file at all three major credit bureaus; (2) identity theft insurance (no deductible) of one million United States dollars ($1,000,000); and (3) access to fraud resolution agents to help resolve identity thefts.

9. IS THERE ADDITIONAL INFORMATION AVAILABLE REGARDING THE REIMBURSEMENT OF OUT-OF-POCKET EXPENSES AND COMPENSATION FOR TIME SPENT DEALING WITH THE DATA BREACH?

Yes. Settlement Class Members seeking reimbursement must complete and submit a Claim Form to the Settlement Administrator by September 9, 2024. Claim Forms can be submitted online by clicking HERE or by mail. If by mail, the Claim Form must be postmarked by September 9, 2024 and sent to:

ExecuPharm Settlement

Settlement Administrator

P.O. Box 25226

Santa Ana, CA 92799

10. WHAT AM I GIVING UP TO RECEIVE SETTLEMENT BENEFITS OR STAY IN THE SETTLEMENT CLASS?

Unless you exclude yourself, you are choosing to remain in the Settlement Class. If the Settlement is approved and becomes final, all of the Court’s orders will apply to you and legally bind you. You will not be able to sue, continue to sue, or be part of any other lawsuit against ExecuPharm and the Released Parties for the Released Claims.

Section 2.31 of the Settlement Agreement defines the claims that will be released by Settlement Class Members who do not exclude themselves from the Settlement. The Settlement Agreement can be found HERE.

HOW TO GET BENEFITS FROM THE SETTLEMENT

11. HOW DO I MAKE A CLAIM FOR SETTLEMENT BENEFITS?

To submit a claim for Reimbursement for Undocumented Lost Time, Documented Out-of-Pocket Expenses and Lost Time, and/or Free 3-Bureau Credit Monitoring Services, you will need to submit a claim form. There are two options for submitting claims:

• File Online: You may fill out and submit the claim form online HERE. This is the easiest way to file a claim.
• File by Mail: You can download a copy of the claim form HERE and mail it to the address below. Alternatively, you can ask the Settlement Administrator to mail a claim form to you by calling 1-888-369-3795. Fill out your claim form, and mail it (including postage) to:

ExecuPharm Settlement

Settlement Administrator

P.O. Box 25226

Santa Ana, CA 92799

Claims Forms must be submitted online or postmarked by September 9, 2024, otherwise you will not be entitled to any of the Settlement benefits, but you will be bound by the Settlement and the Court’s judgment.

12. WHAT HAPPENS IF MY CONTACT INFORMATION CHANGES AFTER I SUBMIT A CLAIM?

If you change your mailing address or email address after you submit a Claim Form, it is your responsibility to inform the Settlement Administrator of your updated information. You may notify the Settlement Administrator of any changes by calling 1-888-369-3795 or by writing to:

ExecuPharm Settlement

Settlement Administrator

P.O. Box 25226

Santa Ana, CA 92799

13. WHEN WILL I RECEIVE MY SETTLEMENT BENEFITS?

If you make a valid claim, payment will be provided by the Settlement Administrator after the Settlement is approved by the Court and becomes final.

It may take time for the Settlement to be approved and become final. It also takes time for all the Claim Forms to be processed. Please be patient and check this website for updates.

THE LAWYERS REPRESENTING YOU

14. DO I HAVE A LAWYER IN THIS CASE?

Yes, the Court has appointed Norman E. Siegel and J. Austin Moore of Stueve Siegel Hanson LLP and Mark S. Goldman of Goldman Scarlato & Penny, P.C. to represent you and the Settlement Class for the purposes of this Settlement. You may hire your own lawyer at your own cost and expense if you want someone other than Class Counsel to represent you in this Lawsuit.

15. HOW WILL CLASS COUNSEL BE PAID?

Class Counsel will file a motion asking the Court to award them attorneys’ fees and litigation expenses not to exceed $675,000 to be paid by ExecuPharm. They will also ask the Court to approve a $5,000 service award to Plaintiff for initiating in this lawsuit and her efforts in achieving the Settlement. If awarded by the Court, Defendant will pay fees, costs, expenses, and service awards directly. The Court may award less than these amounts.

Class Counsel’s application for attorneys’ fees, expenses, and service awards will be made available on this Settlement Website before the deadline for you to comment on or object to the Settlement.

EXCLUDING YOURSELF FROM THE SETTLEMENT

16. HOW DO I EXCLUDE MYSELF FROM THE SETTLEMENT?

If you are a Settlement Class Member and want to keep any right you may have to sue or continue to sue ExecuPharm or the Released Parties on your own based on the claims raised in this Lawsuit or released by the Released Claims, then you must take steps to get out of the Settlement. This is called excluding yourself from – or “opting out” of – the Settlement.

To exclude yourself from the Settlement, you must mail the Settlement Administrator written notice of a request for exclusion, which includes:

• The case name (Clemens v. ExecuPharm, Inc., Case No. 2:20-cv-03383-GJP) (E.D. Pa.);
• Your name, address, and telephone number;
• A clear statement you want to be excluded from the Settlement Class, such as “I hereby request to be excluded from the proposed Settlement Class in Clemens v. ExecuPharm, Inc., Case No. 2:20-cv-03383-GJP) in the United States District Court for the Eastern District of Pennsylvania”; and
• Your signature.

Requests for exclusion must seek exclusion only for the single individual whose personal signature appears on the request. A request that seeks exclusion on behalf of more than one individual shall be deemed invalid by the Settlement Administrator.

The exclusion request must be postmarked and sent to the Settlement Administrator at the following address by July 18, 2024:

ExecuPharm Settlement

Settlement Administrator

P.O. Box 25226

Santa Ana, CA 92799

You cannot exclude yourself by telephone or by email.

17. IF I EXCLUDE MYSELF, CAN I STILL GET ANYTHING FROM THE SETTLEMENT?

No. If you exclude yourself, you are telling the Court you do not want to be part of the Settlement. You can only get Settlement benefits if you stay in the Settlement and submit a valid Claim Form that is approved by the Settlement Administrator.

18. IF I DO NOT EXCLUDE MYSELF, CAN I SUE THE DEFENDANT FOR THE SAME THING LATER?

No. Unless you exclude yourself, you give up any right to sue ExecuPharm and the Released Parties for the Released Claims in this Settlement. You must exclude yourself from this Lawsuit to start or continue with your own lawsuit or be part of any other lawsuit against the Defendant or any of the Released Parties. If you have a pending lawsuit, speak to your lawyer in that case immediately.

OBJECT TO THE SETTLEMENT

19. HOW DO I TELL THE COURT THAT I DO NOT LIKE THE SETTLEMENT?

If you are a Settlement Class Member, you can tell the Court that you do not agree with all or any part of the Settlement or requested attorneys’ fees and expenses. You can also give reasons why you think the Court should not approve the Settlement or attorneys’ fees and expenses. To object, you must file your written objection electronically in the Court’s docket OR mail your written objection to the Settlement Administrator, as provided below, no later than Month Day, 2024, stating you object to the Settlement in Clemens v. ExecuPharm, Inc., Case No. 2:20-cv-03383-GJP) (E.D. Pa.). The objection must also include the following additional information:

• The case name and number of the Action;
• The name, address, and telephone number of the objecting Settlement Class Member and, if represented by counsel, of his/her counsel;
• A statement of whether the objection applies only to the objector, to a specific subset of the class, or to the entire class;
• Information identifying the objector as a Settlement Class Member, including proof that the objector is a member of the Settlement Class (e.g., copy of the objector’s settlement notice, copy of original notice of the Data Breach, or a statement explaining why the objector believes he or she is a Settlement Class Member);
• A statement of the specific grounds for the objection; and
• A statement of whether the objecting Settlement Class Member intends to appear at the Final Approval Hearing, and if so, whether personally or through counsel.

To be timely, written notice of an objection in the appropriate form must be electronically filed in the Action’s electronic docket on or before the July 18, 2024; or sent via first class, postage-prepaid United States Mail to the Settlement Administrator no later July 18, 2024 at the following address:

ExecuPharm Settlement

Settlement Administrator

P.O. Box 25226

Santa Ana, CA 92799

Any Settlement Class member who fails to comply with the requirements for objecting in Section 14 of the Settlement Agreement shall waive and forfeit any and all rights he or she may have to appear separately and/or to object to the Settlement Agreement and shall be bound by all the terms of the Settlement Agreement and by all proceedings, orders and judgments in the Lawsuit.

20. WHAT IS THE DIFFERENCE BETWEEN OBJECTING AND ASKING TO BE EXCLUDED?

Objecting is simply telling the Court you do not like something about the Settlement or the requested attorneys’ fees, expenses, and/or service award. You can object only if you stay in the Settlement Class (that is, do not exclude yourself). You will still be bound by the Settlement if you object. Requesting exclusion is telling the Court you do not want to be part of the Settlement Class or the Settlement. If you exclude yourself, you cannot object to the Settlement, and you will not be bound by the Settlement and will not receive any Settlement benefits.

THE FINAL APPROVAL HEARING

21. WHEN AND WHERE WILL THE COURT DECIDE WHETHER TO APPROVE THE SETTLEMENT?

The Court will hold a Final Approval Hearing on October 1, 2024, at 10:00 a.m. before the Honorable Gerald J. Pappert, U.S. District Court for the Eastern District of Pennsylvania, 11614 U.S. Courthouse, 601 Market Street, Philadelphia, PA 19106.

At this hearing, the Court will consider whether the Settlement is fair, reasonable, and adequate and decide whether to approve: the Settlement, Class Counsel’s application for attorneys’ fees, costs and expenses, and the service award to Plaintiff. If there are objections, the Court will consider them. The Court will also listen to people who have asked to speak at the hearing.

Note: The date and time of the Final Approval Hearing are subject to change. The Court may also decide to hold the hearing via videoconference or by phone. Any change will be posted on the Important Dates page.

22. DO I HAVE TO ATTEND THE FINAL APPROVAL HEARING?

No. Class Counsel will answer any questions the Court may have. However, you are welcome to attend at your own expense. If you send an objection, you do not have to come to Court to talk about it. As long as you file or mail your written objection on time the Court will consider it.

23. MAY I SPEAK AT THE FINAL APPROVAL HEARING?

Yes, as long as you do not exclude yourself, you can (but do not have to) participate and speak for yourself at the Final Approval Hearing. This is called making an appearance. You also can have your own lawyer speak for you. If you choose to make an appearance, you must follow all of the procedures for objecting to the Settlement listed in Section 19 above and specifically include a statement whether you and your counsel will appear at the Final Approval Hearing.

IF YOU DO NOTHING

24. WHAT HAPPENS IF I DO NOTHING AT ALL?

If you are a Settlement Class Member and you do nothing, you will not receive any Settlement benefits. You will give up the rights explained in the “Excluding Yourself from the Settlement” section of this Notice, including your right to start a lawsuit, continue with a lawsuit, or be part of any other lawsuit against Defendant or any of the Released Parties about the legal issues in this lawsuit that are released by the Settlement Agreement relating to the Data Breach.

GETTING MORE INFORMATION

25. HOW DO I GET MORE INFORMATION?

The Notice summarizes the proposed Settlement. Complete details are provided in the Settlement Agreement. The Settlement Agreement and other related documents can be found HERE, by calling 1-888-369-3795 or by writing to:

ExecuPharm Settlement

Settlement Administrator

P.O. Box 25226

Santa Ana, CA 92799