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BarBri Sued by Another Bar Prep Company

By Jonathan R. Tung, Esq. on June 01, 2016 | Last updated on March 21, 2019

According to The Wall Street Journal, BarBri, the ubiquitous bar exam prep program that all law students have considered paying for, has been accused of employing questionable tactics in elbowing out competition. It's yet another suit the bar prep company has had to contend with in recent years.

Class Action Lawsuit

LLM Bar Exam LLC has accused BarBri in a federal antitrust lawsuit alleging, among other things, a conspiracy between BarBri and certain law schools to restrict trade, fraud, tortious interference with economic advantage and a bevy of other potential causes of action. The prayer is for the nice round sum of $50 million.

The complaint is monumental at about 240 pages. It names some of the most well known law schools in the nation and includes exhibits. It looks like the smaller bar prep company is prepared to take this one all the way.

LLM Bar Exam is a bar prep course that targets foreign attorneys who are preparing for the New York Bar Exam and other American exams. The aim is to help prepare those lawyers for the essay writing section of the United States' various bar exams, the main hurtle that many foreign lawyers cannot overcome without significant help.

Specific Allegations

The founder of the company, Emanuele Tosolini alleged that BarBri and the named schools are engaged in a somewhat insidious affair in which BarBri discourages schools from hosting other bar exam classes, and allows BarBri to host classes for free. Additionally, LLM accuses BarBri of "regularly provid[ing] large donations and gifts" to the law schools and awarding faculty "large contracts" to teach BarBri courses in order to cement its status.

BarBri claims that it has not yet received the complaint and has not yet commented on the allegations.

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