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10 <br /> <br />private attorneys must certify that they first sought fees from the National Settlement <br />Agreements’ Contingency Fee Fund, and must certify that they agreed to accept the <br />maximum fees payments awarded to them. Nothing in this Section, or in the terms of this <br />Agreement, shall be construed as a waiver of fees, contractual or otherwise, with respect <br />to fees that may be recovered under a contingency fee agreement or otherwise from other <br />past or future settlements, verdicts, or recoveries related to the opioid litigation. <br />F. Special Master. A special master will administer the Backstop Fund, including overseeing <br />any distribution, evaluating the requests of Counsel for payment, and determining the <br />appropriate amount of any payment from the Backstop Fund. The special master will be <br />selected jointly by the Minnesota Attorney General and the Hennepin County Attorney, <br />and will be one of the following individuals: Hon. Jeffrey Keyes, Hon. David Lillehaug; <br />or Hon. Jack Van de North. The special master will be compensated from the Backstop <br />Fund. In the event that a successor special master is needed, the Minnesota Attorney <br />General and the Hennepin County Attorney will jointly select the successor special master <br />from the above-listed individuals. If none of the above-listed individuals is available to <br />serve as the successor special master, then the Minnesota Attorney General and the <br />Hennepin County Attorney will jointly select a successor special master from a list of <br />individuals that is agreed upon between the Minnesota Attorney General, the Hennepin <br />County Attorney, and Counsel. <br />G. Special Master Determinations. The special master will determine the amount and timing <br />of any payment to Counsel from the Backstop Fund. The special master shall make one <br />determination regarding payment of attorney fees to Counsel, which will apply through the <br />term of the recovery from the National Settlement Agreements. In making such <br />determinations, the special master shall consider the amounts that have been or will be <br />received by the private attorney’s firm from the National Settlement Agreements’ <br />Contingency Fee Fund relating to Litigating Local Governments; the contingency fee <br />contracts; the dollar amount of recovery for Counsel’s respective clients who are Litigating <br />Local Governments; the Backstop Fund Payment Cap above; the complexity of the legal <br />issues involved in the opioid litigation; work done to directly benefit the Local <br />Governments within the State of Minnesota; and the principles set forth in the Minnesota <br />Rules of Professional Conduct, including the reasonable and contingency fee principles of <br />Rule 1.5. In the interest of transparency, Counsel shall provide information in their initial <br />fee application about the total amount of fees that Counsel have received or will receive <br />from the National Attorney Fee Fund related to the Litigating Local Governments. <br />H. Special Master Proceedings. Counsel seeking payment from the Backstop Fund may also <br />provide written submissions to the special master, which may include declarations from <br />counsel, summaries relating to the factors described above, and/or attestation regarding <br />total payments awarded or anticipated from the National Settlement Agreements’ <br />Contingency Fee Fund. Private attorneys shall not be required to disclose work product, <br />proprietary or confidential information, including but not limited to detailed billing or <br />lodestar records. To the extent that counsel rely upon written submissions to support their <br />application to the special master, the special master will incorporate said submission or <br />summary into the record. Any proceedings before the special master and documents filed <br />with the special master shall be public, and the special master’s determinations regarding