Client Name:
Client Email:
Re: [CLIENT NAME] v. HARD ROCK INTERNATIONAL (USA), INC.
Dear [CLIENT NAME]:
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 Hard Rock International, Inc. (“Hard Rock”) for its violations of state wiretapping laws. 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 Hard Rock chooses to do so. MCBPG intends to secure the maximum recovery for your or your minor child’s claims.
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., filing 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.
Sincerely,
Natalie M. Rico
Jordan M. Macejka
AGREED TO:
By: _________________ Date: _______________
I, the undersigned client, understand that I will not be able to pursue a claim under the California Invasion of Privacy Act, CA Penal Code Sec. 631, the Pennsylvania Wiretapping and Electronic Surveillance Control Act, 18 Pa. Cons. Stat. § 5747, the Florida Security of Communications Act, Fla. Stat. Ann. § 934.03, the Illinois Eavesdropping Act 720 ILCS 5/14-2, the Washington Privacy Act, Wash. Rev. Code Ann. § 9.73.030, and/or the Electronic Communications Privacy Act, 18 U.S.C. § 2511(1) against Hard Rock unless I satisfy certain criteria. By signing this agreement, I hereby represent that I used the Hard Rock website (https://www.hardrock.com) to make bookings at a hotel. If necessary, I could testify or produce documents confirming that I made bookings within the past two years from the Hard Rock website and qualify under the residency requirements set forth herein.
Further, I understand that only one law firm can pursue my claim against Hard Rock and that, if I retain other law firms in addition to Milberg for the same claim, it may jeopardize my claim and/or cause Milberg to have to terminate its representation of me in connection with my Hard Rock claim.
AGREED TO:
By: _________________ Date: _______________
[1] Please note that the company against which you are retaining Milberg to pursue individual arbitration claims on your behalf requires a notice letter personally signed by you to begin the dispute resolution process. So that Milberg can start this process, by signing the retainer agreement, it is your intent to provide Milberg with your electronic signature and your consent to include your electronic signature in the notice letter to be sent on your behalf to the company identified in the retainer agreement as the party against whom Milberg has agreed to represent you in connection with an individual arbitration. This is the sole limited purpose for which you are giving Milberg legal authority to utilize your electronic signature.