This is an agreement (the “Agreement”) between you and Milberg Coleman Bryson Phillips Grossman LLC (“MCBPG”) for legal representation for your or your minor child’s claims against Barnes & Noble Education, Inc., Barnes & Noble College Booksellers, LLC; MBS Textbook Exchange, LLC; Student Brands, LLC; or any of their affiliates or subsidiary companies (collectively, “Barnes & Noble”) for its violation of the D.C. Consumer Protection Procedures Act D.C. Code 28-3900 et seq. (“DCCPPA”), while purchasing digital textbooks and content for Georgetown University or Howard University. If applicable, you are representing that you have authority and legal capacity to pursue this claim on behalf of your minor child.
You understand and authorize MCBPG to proceed with filing your claims as an individual arbitration. Arbitration is a simplified means of pursuing legal claims, where the claim is decided by an arbitrator rather than a judge or jury. However, this agreement also authorizes MCBPG to settle your claim as a part of a class action if Barnes & Noble chooses to do so. You understand and consent to MCBPG representing other individuals who may have the same or similar claims against Barnes & Noble. You authorize MCBPG to resolve your claims with Barnes & Noble for, at a minimum, a one-hundred-dollar ($100.00) value.
Our firm will handle this matter with a contingent fee of the greater of either forty percent (40%), as allowed by state law, of any recovery obtained in this matter or a total attorneys’ fees awarded by the arbitrator or court. We reserve the right to associate any co-counsel, but our fee will be split among our firm and any firm(s) we associate.
We will advance all costs incurred by our firm during this litigation (e.g., filings fees, travel, etc.). We will be reimbursed for these costs if, and only if, we ultimately obtain a recovery. Advanced costs are deducted after the calculation of the contingent fee.
You authorize MCBPG to withdraw from our representation if we determine for sufficient reasons that the case should not continue. Regardless, we will maintain the file on this matter for at least six years. If requested, these will be returned to you after the conclusion of the representation.
Finally, we do not make any promises or guarantees regarding the outcome 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.