If you received a Notice, it is because nCino, Live Oak, or Apiture’s records show that you worked for one or more of those companies in North Carolina between January 27, 2017 and March 31, 2021.

The Court sent this Notice because certain individuals have a right to know about a proposed settlement of a class action lawsuit, and about all of their options, before the Court decides whether to approve the settlement. If the Court approves it and after objections and appeals are resolved, an administrator appointed by the Court will make the payments that the settlement allows.  People may use this site to keep informed of the progress of the settlement.

The Notice package explains the lawsuit, the settlement, legal rights, what benefits are available, who is eligible for them, and how to get them.

The Court in charge of the case is the United States District Court for the Eastern District of North Carolina, and the case is known as McAlear v. nCino, Case No. 21-cv-00047. The individual who sued is called the Plaintiff and the entities he sued, nCino, Live Oak Bank, & Aptiture, are called the Defendants.

The lawsuit claims that nCino, Live Oak Bank, and Apiture agreed not to hire or recruit each other’s employees in violation of federal and state antitrust laws. The settlement is not an admission that nCino is liable for the conduct alleged in the lawsuit. 

To obtain more information about the claims in this lawsuit, you can view the Complaint and other court documents on the Important Documents tab.

In a class action lawsuit, one or more people called "Named Plaintiffs" or "Class Representatives" (in this case, Mr. Joseph McAlear) sue on behalf of other people who have similar claims. All these people are a "Class" or "Class Members." A court resolves the issues for all Class Members, except for those who exclude themselves from the Class. U.S. District Judge Richard E. Myers II is in charge of this class action.

The Court did not decide in favor of Plaintiff McAlear, the Class, or Defendants. nCino and Plaintiff decided to settle the claims against nCino in order to avoid the risks to both sides and the costs of continued litigation, while guaranteeing compensation to Class Members. Plaintiff McAlear and his attorneys think the settlement is preferable to the risks and further costs of continuing the litigation.

Plaintiff settled the claims against Live Oak and Apiture in 2022. If you previously received a check before, the check you received before was from the settlements with Live Oak and Apiture, and came from money paid by Live Oak and Apiture. The litigation against nCino continued. This is a new and separate settlement to resolve the claims against nCino, which means that additional money will be paid to the Class by nCino.

Everyone who fits this description is a Settlement Class Member:

All natural persons employed by nCino, Live Oak, or Apiture in North Carolina from January 27, 2017 to March 31, 2021. Excluded from the Settlement Class are: members of the boards of directors; C-suite; executive level managers; and any and all judges and justices and chambers’ staff assigned to adjudicate any aspect of this litigation.

You are covered by this settlement if you fall under the definition above and do not exclude yourself from the settlement.

If you received a Notice mailed to you, it is because you were listed as a potential Settlement Class Member. If you are still not sure whether you are included, you can ask for free help. You can call 1-888-256-6152 for more information.

No. As long as you fall within the definition of the class in Question 6 above, you can receive money from the settlement with nCino, regardless of whether you worked for Live Oak, Apiture, or nCino.

nCino has agreed to pay $2,190,000 into a Settlement Fund to be divided among all Settlement Class members, after costs and attorneys’ fees have been deducted. nCino has also agreed not to enter into, maintain, or enforce any agreement with any other employer that violates the antitrust laws.

Your share of the fund will depend on how much compensation you received from nCino, Live Oak, and/or Apiture during the Class Period, in comparison to other Settlement Class members. 

Here’s how it works. The Settlement Administrator will first calculate the Net Settlement Fund amount by subtracting any court-approved award of attorneys’ fees and costs, service award, settlement administrators’ costs, and a reserve fund of $35,000 for dispute resolution from the total Settlement Fund of $2.19 million. The Net Settlement Fund amount will be shared by all Settlement Class members, with each Class member’s share calculated by multiplying the Net Settlement Fund by the following ratio:

The Settlement Administrator will then issue checks according to this formula, after tax withholdings. This formula accounts for the fact that Settlement Class members who worked longer or had higher compensation were, proportionally, allegedly harmed more than those who worked for a shorter period of time or had lower compensation.

If you are an eligible class member, you will automatically receive a payment (unless you exclude yourself from the settlement). nCino, Live Oak, and Apiture will provide the Settlement Administrator with your most recent address to mail you a check. If you would like to confirm that the correct address is on file, you may call the Administrator at 1-888-256-6152.

The Court will hold a hearing on January 29, 2024, to decide whether to approve the settlement. If Judge Myers approves the settlement and that approval becomes final, the Settlement Administrator will be directed to send payments promptly. You may check this website or call for updates or questions (1-888-256-6152).

In exchange for receiving a payment under the settlement, you will not be able to sue, continue to sue, or be part of any other lawsuit against nCino regarding the alleged no-hire agreement that is the subject of this lawsuit (unless you exclude yourself from the settlement). The exact language of the release can be found in Section V (page 25) of the Settlement Agreement.

The settlement does not release any other claim you may have in connection with any employment relationship with nCino, Live Oak, or Apiture as long as the claim is unrelated to the subjects that are released above. For instance, unrelated claims could include employment discrimination, ERISA, personal or bodily injury, unlawful or unpaid overtime, breach of contract involving failure to pay compensation or royalties, or the enforceability of individual covenants not to compete. Such unrelated claims are not released.

To exclude yourself (opt out) from the settlement, you must send a letter by mail saying that you want to be excluded from McAlear v. nCino. Be sure to include your full name, address, telephone number, approximate dates of employment at Live Oak, Apiture, or nCino, and a statement that you wish to be excluded from the settlement. The request for exclusion must be signed and dated by you or your legal representative. You must mail your exclusion request postmarked no later than December 6, 2023 to:

nCino Employee Settlement Exclusions
c/o JND Legal Administration
PO Box 91478
Seattle, WA 98111

You cannot exclude yourself (opt out) by telephone. If you ask to be excluded, you will not get any settlement payment, and you cannot object to the settlement. You will not be bound by anything that happens in this lawsuit. You may be able to sue (or continue to sue) nCino for the allegations in this case.

No. If you are a Settlement Class member, unless you exclude yourself, you give up the right to sue nCino for the claims that this settlement resolves. If you have a pending lawsuit regarding the claims at issue in this case, speak to your lawyer immediately. You must exclude yourself from this Class to continue your own lawsuit. Remember, the exclusion deadline is December 6, 2023.

No. If you exclude yourself, you will not receive money from this settlement. But, you may sue, or continue to sue, in a different lawsuit against nCino.

The Court appointed the following law firms as Class Counsel to represent the Settlment Class:

These law firms are called “Class Counsel.” If you want to be represented by your own lawyer, you may hire one at your own expense.

You do not need to hire your own lawyer because Class Counsel are working on your behalf. If you want your own lawyer, you may hire one, but you will be responsible for any payment for that lawyer’s services. For example, you may ask your lawyer to appear in Court for you. You may also appear for yourself.

Class Counsel will ask the Court to approve payment of 33% of the Settlement Fund to them for attorneys’ fees, approximately $86,884 in expenses Class Counsel already incurred in prosecuting your claims, and payment of $90,000 to Mr. McAlear for his services as Class Representative in this case. The fees would pay Class Counsel for litigating the case. The Court may award less than these amounts.

Yes. If you are a Settlement Class Member, you can object to the settlement if you do not think it should be approved. You can give reasons why you think the Court should not approve it. The Court will consider your views. To object, you must send a letter saying so. Be sure to sign the objection personally, even if represented by counsel, and provide your name and full residence or business address and a statement signed under penalty of perjury that you are a member of the Settlement Class. You must also include a list of any objections you (or your attorney) have made to any class action settlements submitted to any court in the United States in the previous five years. Mail the objection to the following address, postmarked no later than December 6, 2023:

nCino Employee Settlement Objections
c/o JND Legal Administration
PO Box 91478
Seattle, WA 98111

Objecting is telling the Court that you don’t think the settlement should be approved. You can object only if you stay in the Settlement Class. Excluding yourself is telling the Court that you don’t want to be part of the Settlement Class. If you exclude yourself, you cannot object because the case no longer affects you, and you will not receive any payment from the settlement.

The Court will hold a Fairness Hearing at 2:00 PM ET on January 29, 2024. At this hearing the Court will consider whether the settlement is fair, reasonable, and adequate. If there are objections, the Court will consider them. Judge Myers will listen to people who have asked to speak at the hearing. The Court may also decide how much to pay to Class Counsel. After the hearing, the Court will decide whether to approve the settlement. We do not know how long these decisions will take.

No. Class Counsel will answer questions Judge Myers may have. But, you are welcome to come. If you send an objection, you do not have to come to Court to talk about it. As long as you mailed your written objection on time, the Court will consider it. You may also hire your own lawyer to attend, but it is not necessary.

You may ask the Court for permission to speak at the Fairness Hearing if you submitted a written objection and included with your objection a written statement of your intent to appear at the hearing.

If you do nothing, you will automatically receive any payment to which you are entitled under the settlement and will release your claims against nCino. nCino, Live Oak, and Apiture will provide the Notice Administrator with your most recent address to mail you a check. If you would like to confirm that the correct address is on file, you may call the Administrator at 1-888-256-6152.

Yes. The Notice summarizes the proposed settlement. More details are in the Settlement Agreement. You can get a copy of the Settlement Agreement by going to the Important Documents page.

You can call 1-888-256-6152; write to the notice administrator, JND Legal Administration; or review this Frequently Asked Questions page, where you will find answers to common questions about the settlement and other information to help you determine whether you are a Settlement Class Member and whether you are eligible for a payment. You may also contact Class Counsel with questions (see contact information in Question 17, above). You may also seek the advice and counsel of your own attorney at your own expense, if you desire.

PLEASE DO NOT CONTACT THE COURT. YOU SHOULD DIRECT ANY QUESTIONS YOU MAY HAVE ABOUT THIS NOTICE OR THE SETTLEMENT TO THE NOTICE ADMINISTRATOR AND/OR TO CLASS COUNSEL.