Client Name:
Client Email:
Re: [CLIENT NAME] v. The Walt Disney Company
Dear [CLIENT
NAME]
We look
forward to working with you to pursue your claims or your minor child’s claims
against The Walt Disney Company (“Disney”) for violations of the federal Video
Privacy Protection Act (“VPPA”) relating to Disney’s collection and disclosure
of your electronic communications within Disney+ to third parties without your
consent. This is an agreement (the “Agreement”) between you and Milberg Coleman
Bryson Phillips Grossman LLC (“MCBPG”).
I, along with MCBPG attorneys who are licensed to practice law in New
York, California, Illinois and other states, will be primarily responsible for
your case. Although I am only licensed to practice law in Florida, our team at
MCBPG includes attorneys licensed in New York, California, Illinois and other
states who will be working with me and others on your case.
You understand and authorize MCBPG to proceed
with filing your claims as an individual arbitration, rather than in a
court.[1] Arbitration
is a simplified means of pursuing legal claims, where the claim is decided by
an arbitrator rather than a judge or jury and is overseen by an arbitral
organization such as the American Arbitration Association. Arbitration can be very different from a court
case. Unlike a court case, there is no
jury in arbitration, and there is limited discovery. Although we anticipate an arbitration, this
agreement shall apply regardless of whether the claims are filed in
arbitration, in court, or resolved by settlement prior to a filing in any
forum. While it is MCBPG’s goal to
secure the maximum recovery possible for you or your minor child in connection
with your claims, you authorize MCBPG to resolve and settle your claims with Disney,
at a minimum, for a two-hundred-dollar ($200.00) value. Of course, MCBPG will do its best to resolve
your claims for a higher amount. This is
within the range of available statutory damages under the Video Privacy
Protection Act, 18 U.S.C. § 2710, which allows
for the recovery of statutory damages of two-thousand and five-hundred dollars
($2,500.00) per violation.
Our
firm will handle the above-referenced matter based upon a contingent fee
arrangement wherein our collective fee will be forty percent (40%) of any
recovery obtained in this matter, whether it be through settlement or judgment.
We reserve the right to associate any
co-counsel that we deem advisable or necessary for the proper handling of your
claim. Our fee will be split among our
firm and any firm(s) we associate. This
arrangement would not include any appeal that may be subsequently taken by any
party. Although atypical, there is a
basis under the Video Privacy Protection Act,
whereby we may be able to recover attorneys’ fees from Disney on your behalf. Should we be successful in doing so, our fee
shall be the greater of: (1) total attorneys’ fees awarded by the arbitrator or
court; or (2) forty percent (40%) of the total recovery (including attorneys’
fees).
During
this litigation, we will incur expenses for copies, long distance telephone
calls, legal research, travel, etc. Typically,
these costs are paid by the client. However,
we will advance all costs incurred by our firms, such as copies, postage,
express delivery charges, legal research (e.g., Westlaw, LexisNexis, PACER),
travel expenses, etc. We will also incur
costs that are not generated by our firm, such as the filing fees with the arbitral
organization or court, costs of the experts, legal process outsourcing
companies (i.e., service of process, document production, trial exhibits), and
deposition costs (including transcripts). We will be reimbursed for these costs if, and
only if, we ultimately obtain a recovery. Advanced costs are deducted from the recovery
after the calculation of the contingent fee.
Please understand that MCBPG may at any time recommend
that the case not be continued for good and sufficient reasons including, but
not limited to, little or no likelihood for success on the claims’ merits, or
the lack of available sums, whether they be the assets of Disney or applicable
insurance coverage. If we should make
such a recommendation to discontinue, we may withdraw our representation upon
due notice.
Also
understand that your file and any materials compiled by our firms during
representation will remain the property of our firms upon conclusion of the
representation. We will cooperate fully
in furnishing a copy of relevant materials from the file to any successor
attorney who you may retain. Additionally,
we will maintain the file on this matter for at least six (6) years. Should you wish to obtain any information or
materials from the file, including personal items furnished to us in the
handling of your case (i.e., documents, photographs), these will be returned to
you by request if the request is made within six (6) years after the conclusion
of the representation.
Finally,
we do not make any promises or guarantees regarding the outcome or conclusion
of your claims.
If
you have any questions about the foregoing, please advise. We would appreciate
your returning a signed copy of this engagement letter to us for our
files.
We look forward to working with you on this
matter.
Sincerely,
Jonathan
B. Cohen
AGREED TO:
By: Date: