CLASS
REPRESENTATIVE
ATTORNEY REPRESENTATION AGREEMENT
I,
_________________________, (“Client”), retain Milberg Coleman Bryson Phillips
Grossman LLC (the “Law Firm”) to be Client’s attorneys in
connection with the claims against Samsung Electronics America, Inc. and/or (and
any other relevant affiliates and other entities) (“Defendant”) that may be
asserted on behalf of Client and a class of persons similarly situated who have
claims against Defendant and/or associated entities arising from Samsung’s
collection, storage, disclosure, profiting from, and/or use of your biometric
data from photos of you taken and/or saved on a Samsung Galaxy phone via the
Gallery software application (the “Litigation”).
A.
Authority
to Pursue Litigation
1.
The Law Firm
agrees to represent Client and, if it is determined after sufficient inquiry
and investigation that a reasonable basis exists on which to file a lawsuit, to
file a lawsuit on behalf of Client.
Client hereby authorizes the Law Firm to file the lawsuit as a class
action, meaning that the lawsuit would be filed on behalf of Client and all
other people who are similarly situated.
Client authorizes Law Firm to take all
steps in this matter deemed by the Law Firm to be advisable for the
investigation and prosecution of Client’s claim(s). These steps may include
hiring investigators, expert witnesses, filing any legal action they deem
necessary, and negotiating with the Defendant(s).
B. Class Litigation Overview
1.
As a class action
lawsuit, the Law Firm shall seek to obtain certification of a “class” of persons
or entities to which Client belongs and for which Client will act as a “class
representative.” The Law Firm shall seek
appointment by the court as class counsel and agree to undertake the
representation on behalf of the class.
2.
Once a suit is
filed, the Law Firm shall take reasonable steps to keep Client informed of
significant developments and to respond to any inquiries Client may have with
respect to the progress of the litigation. Client agrees to fulfill the duties
of a class representative, which are explained further below.
3.
If the action is
certified as a class action and Client is certified as the named class
representative, Client will retain the right, as a member of the class and as
class representative, under the class action rules, to approve, oppose, or comment
upon any proposed settlement of all or part of the class action.
4.
Client
understands that either the Law Firm or the Court may determine that this
lawsuit is best handled with a group of other cases aggregated for settlement
and/or trial preparation. Client authorizes the Law Firm to enter into
aggregate settlement negotiations and to disclose the amount of the proposed
settlement values to other Clients whose cases are included in the aggregate of
cases. For any matters relating to settlement, Client will be guided by the
views and advice of the Law Firm.
5.
The out-of-pocket
costs and expenses incurred in a class action lawsuit typically include process
server’s fees, filing fees, and other charges assessed by the courts and public
agencies, court reporter’s fees, mail, messenger and other delivery fees,
charges for computer research and outside assisted legal research, mileage and
parking, photocopying and other reproduction, word processing charges, charges
for computer time, travel and expenses (related to attending hearings,
mediation, depositions, inspections, product testing, etc.), professional fees
of experts, consultants and investigators retained by the Law Firm, trial
expenses, and jury fees. These costs are incurred by the Law Firm at its discretion
for the prosecution of Client’s case.
6.
Class litigation
is both expensive and time intensive for the Law Firm. A class action lawsuit
generally moves through the court system slowly, as this type of lawsuit is
procedurally complicated.
7.
If the lawsuit is
certified as a class action, and if a monetary recovery is obtained for the
class, either by settlement or judgment, the Law Firm will apply to the Court
for reimbursement of their costs and payment of their fees by defendant(s) out
of, or in addition to such recovery. The
Law Firm’s application for fees must be approved by the Court. Client will be
provided with notice of the Law Firm’s fee request. In the event that no
recovery is obtained, then no fees, expenses of litigation, or costs shall be owed
by the Client to the Law Firm.
C.
Possibility
of Individual Resolution
1.
If the lawsuit is
not certified as a class action, the Law Firm and Client will address the Law
Firm’s continued representation of Client on an individual basis. In the event
that the Law Firm continues to represent Client on an individual basis, the Law
Firm is authorized to affect a settlement or compromise, subject to Client's
approval, or to institute such legal action, or actions, as may be advisable in
the Law Firm’s judgment, in order to enforce Client’s rights.
2.
If a monetary
recovery is obtained for the individual named plaintiff(s) (including Client)
by judgment, the Law Firm will apply to the Court for reimbursement of its
costs and payment of its fees by defendant(s) out of, or in addition to such
recovery, as may be permitted by applicable law. Given the time and expenses
required to litigate a putative class action lawsuit, it is not unusual for
attorney fees and costs in a “putative class action turned individual
settlement” scenario to exceed the recovery of the named plaintiffs. For
example, although an individual plaintiff’s damages may be only a few hundred
dollars (their “best day in court”), expenses and attorney hours for years of
litigation may include hundreds of hours and thousands of dollars in out-of-pocket
expenses.
3.
If an individual
settlement agreement is reached between the parties, the Law Firm may seek to
be reimbursed by the opposing party for all or some of their actual legal fees
and/or out-of-pocket costs. Given the time and expenses required to litigate a
putative class action lawsuit, it is not unusual for attorney fees and costs in
a “putative class action turned individual settlement” scenario to exceed the
recovery of the named plaintiffs.
4.
Whether resolved
through judgment or settlement, in the event of an individual resolution, Law
Firm shall be entitled to the greater of: (1) total attorneys’ fees awarded by
the court; or (2) thirty-three and one third percent (33.33%) of the total
recovery (including attorneys’ fees). Expenses and costs advanced by the Law
Firm in the prosecution of the case shall be deducted from the recovery after
the calculation of the contingent fee. Under no circumstances will Client be
obligated to pay the Law Firm attorneys’ fees, expenses of litigation, or costs
out of his/her own pocket.
5.
In the event that
no recovery is obtained or no settlement reached, then no fees, expenses of
litigation, or costs shall be owed to the Law Firm by the Client.
D.
Right to
Withdraw
1.
Client may
discharge the Law Firm at any time. Likewise, the Law Firm may withdraw at any
time if Client breaches this contract, Client refuses to cooperate with the Law
Firm or to follow its advice on a material matter, or any fact or circumstance
exists that would render the Law Firm’s continuing representation of Client
unlawful, unethical, or ineffective. If possible, the Law Firm will give Client
reasonable notice of the Law Firm’s intent to withdraw so that Client has time
to arrange alternative representation.
If necessary, the Law Firm will obtain Court approval before withdrawing
from the case.
2.
If the Law Firm
elects to withdraw, Client will take all steps necessary to free the Law Firm
of any obligation to perform further. The Law Firm and Client each agree to
sign any documents reasonably necessary to effect or complete the Law Firm’s
discharge or withdrawal and the Law Firm agrees to deliver any necessary papers
to Client upon withdrawal.
3.
Should Client
discharge the Law Firm or should the Law Firm withdraw its representation,
Client hereby grants the Law Firm, as well as associate counsel, if applicable,
a lien on any and all causes of action or claims Client may assert with respect
to the injuries and/or damages which are the subject of this contract. The lien
will attach to any recovery Client may obtain (whether by judgment, settlement
or otherwise) or any other similar proceeding. The Law Firm’s (and associate
counsel’s) lien will be for all time incurred and any sums due and owing by
Client to the Law Firm (and associate counsel) at the conclusion or termination
of the Law Firm’s services, including both expenses and attorneys’ fees. The amount due and owing for the Law Firm’s
services under this agreement shall be determined according to the Law Firm’s
hourly rates prevailing at the time of the Law Firm’s discharge or
withdrawal.
4.
Client agrees
that the files and documents compiled in connection with the Law Firm’s
investigation and prosecution of this matter constitute the work product and
property of the Law Firm over which the Law Firm has complete control with
respect to its use and/or disclosure.
E.
Other
Acknowledgments
By your signature below you acknowledge your
understanding and agreement with the following:
1.
The Law Firm may
choose to associate with additional counsel in connection with the prosecution
of the litigation. All attorney fees will be paid from the total net fee award
provided for in this agreement. The Law Firm will divide those fees with
associate counsel according to the agreement between the firms providing legal
services to you. The share of any fee recovery the Law Firm and associated
counsel will receive cannot be determined until the litigation has been
resolved and the total recovery and fee award have been determined. The
Law Firm and associate counsel will advise you then of the share of fees each
is to receive at that time. If a recovery is not obtained, Client will not be
responsible to associate counsel for reimbursement of fees, expenses of
litigation or costs. Law Firm will inform Client if it involves additional
associate counsel subsequent to the execution of this agreement. In this
scenario, the Law Firm may prepare a separate or supplemental co-counsel
agreement with which Client agrees to cooperate.
2.
The Law Firm
cannot and will not provide financial assistance to Client in connection with
the pending or contemplated litigation.
3.
Client has not
been promised any specific result or special treatment different from the
treatment that may be accorded to other class members. If successful, the Law
Firm may ask the judge to award Client additional compensation for the extra
time and effort expended as a class representative and for having the courage
to challenge the conduct of the defendant(s).
The Law Firm cannot guarantee the judge will grant such a request.
4.
Client has read
the following summary of “Duties of a Class Representative,” and understands
that any questions about these duties should be discussed with the Law Firm.
5.
Class action
lawsuits often garner public attention. As a result, Law Firm may be asked to
comment on the subject matter of the litigation or events that transpire during
the litigation. Client authorizes Law Firm to speak publicly about
non-privileged matters the Law Firm deems appropriate.
6. Client understands and agrees that it is mandatory to
retain all relevant evidence related to the Litigation. Client further
acknowledges that Law Firm has or will be providing detailed instructions
regarding retention of relevant evidence. Client agrees to maintain and provide
such evidence to the Law Firm.
DUTIES OF A CLASS REPRESENTATIVE
a. A class representative represents the interests of all
members of a class in litigation to obtain appropriate relief and/or recover
money damages for the class. As a potential class representative, you
understand that you must adequately and fairly represent the class. This means
that as a potential class representative, you intend to always consider the
interests of the class just as you would consider your own interests.
b. A class representative is not required to be
particularly sophisticated or knowledgeable with respect to the subject of the
lawsuit. However, he/she should remain interested in the progress of the
lawsuit and must make every effort to provide his/her lawyer and the court with
all relevant facts of which he/she is aware.
c. A class representative participates actively in the
lawsuit, such as by reading the complaint and understanding it to the best of
his/her ability, cooperating fully in any discovery that is permitted of the
class representative, such as by testifying at deposition and trial, answering
written interrogatories, producing documents and by keeping generally aware of
the status and progress of the lawsuit. The
Law Firm will keep the class representative informed of major events during the
litigation in order to ensure that all class representatives are well
informed. The class representative
should confer with his/her lawyer any time he/she feels it is appropriate to do
so.
d. The class representative is required to vigorously
prosecute the litigation. This means
that the class representative must authorize his/her lawyer to do what is
necessary to successfully prosecute the case on behalf of the class and to
consult with counsel concerning the prosecution of the litigation.
e. The class representative may be responsible, through
the Law Firm, to provide appropriate notice to the class, depending on whether
the legal rules or the judge requires such notice. The Law Firm will undertake this task on the
class representative’s behalf and be responsible for all costs, the
reimbursement of which will be contingent on the outcome of the
litigation. Notice is usually
accomplished by mailing a copy of the notification to identifiable class
members and/or publishing a copy of the notification in magazines or electronic
media.
f.
A class
representative recognizes and accepts that any resolution of the lawsuit, such
as by settlement or dismissal, is subject to court approval, and must be
designed in the best interests of the class as a whole. The Law Firm will consult with the class
representative before recommending a settlement. The class representative will not participate
in any settlement negotiations without his/her lawyer’s consent.
g. As a potential class representative, you are volunteering
to represent many other people with similar claims and damages, because you
believe that it is important that all benefit from the lawsuit equally, because
you believe that a class lawsuit will save time, money and effort, and thus
will benefit all parties and the court system. You also understand and believe
that the class action is an important tool to assure protection of people or
businesses injured in a similar way as you if you become a class
representative.
F.
Scope of
Agreement.
This document constitutes the written retainer and fee
agreement between the Law Firm and Client and supersedes all other oral or
written provisions. Client has read and understands this retainer and fee
agreement and has had the opportunity to seek the advice of independent counsel
before signing it. Client shall be presumed to have agreed to all of the
provisions set forth in this contract unless Client notifies the Law Firm in
writing of Client’s objections within 15 days following the date of this Agreement.
With my signature below, I affirm that I have read and
agree to the above Representation Agreement, the Class Representative Duties,
and I acknowledge that the Law Firm has made no promises or guarantees to me
about the outcome of my matter, and nothing in this Agreement shall be
construed as such a promise or guarantee.