Client Name:
Client Email:
Re: [CLIENT NAME] v. Optimum and Altice USA
Dear [CLIENT NAME]:
This is an agreement (the “Agreement”) between you and Milberg Coleman Bryson Phillips Grossman LLC (“MCBPG”) for legal representation for your claims against CSC Holdings LLC d/b/a Optimum, Neptune Holdings U.S. Corp. d/b/a Altice USA, Inc., and Cablevision (collectively, “Optimum”) for their breach of contract and violation of the New York Deceptive Trade Practices Act, Gen. Bus. Law § 349, (“NYDTPA”), when it dropped Madison Square Garden Networks from its provided services but continuing to charge consumers for those premium services and programming, they no longer have access to. If applicable, you are representing that you have authority and legal capacity to pursue this claim.
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 Optimum chooses to do so. You understand and consent to MCBPG representing other individuals who may have the same or similar claims against Optimum. You authorize MCBPG to resolve your claims with Optimum 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.
Sincerely,
Gary M. Klinger
AGREED TO:
By: _________________ Date: _______________
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.
