Client Name:
{{client_name}}
Client Email:
{{client_email}}
Re:
{{client_name}}
v.
EUROMARKET DESIGNS, INC. D/B/A CRATE & BARREL
Dear
{{client_name}}
This is an agreement (the “Agreement”) between you and Bryson Harris Suciu & DeMay PLLC
(“Bryson” or the “Firm”) for legal representation regarding your claim(s) Euromarket
Designs, Inc d/b/a Crate & Barrel (herein “Crate & Barrel” or “Respondent”) for its
violation of your privacy rights as a result of improper use of tracking technologies on its website,
www.crateandbarrel.com.
You understand and authorize the Firm to proceed with filing your claim(s) 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. You authorize the Firm to settle your individual claim(s) with Respondent and execute a release of
your individual claim(s) on your behalf. However, this agreement also authorizes the Firm to settle and release your
claim(s) as a part of a class action if Respondent chooses to do so. In the event that the Firm enters a
settlement with your authority and you choose not to participate in the settlement, you may reject the settlement,
and the Firm may withdraw its representation of you. You further authorize the Firm to represent additional
individuals who have claims that are the same or similar to yours against Respondent.
The 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 total attorneys’ fees awarded by the arbitrator or
court. The Firm reserves the right to associate with co-counsel, but the fee will be split between the Firm and any
additional firm(s) they associate with.
The Firm will advance all costs incurred by the Firm during this litigation (e.g., filing fees, travel, etc.).
The Firm will be reimbursed for these costs if, and only if, they ultimately obtain a recovery on your behalf.
Advanced costs are deducted after the calculation of the contingent fee.
The Firm will keep you informed about the progress of your claim as it moves forward. We will do so via phone
calls, emails, and SMS messages. By signing this retainer agreement, you consent to the Firm calling and sending
case-related SMS messages to the cell phone number you provided when signing up for representation. If at any time
you no longer wish to receive phone calls from the Firm, you can email us at
arbitration.clientcare@brysonfirm.com.
Similarly, if you no longer wish to receive SMS messages from the Firm, you can reply “STOP” to any SMS
message to opt out of receiving additional messages.
You authorize the Firm to withdraw from representation if it determines for sufficient reasons that your
claim(s) should not continue. Regardless, the Firm 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, the Firm does not make any promises or guarantees regarding the outcome of your claim(s). 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.
CERTIFICATION
By signing this Agreement, the undersigned Client certifies that they understand that they will not be able to
pursue a claim against Crate & Barrel unless they have made an online purchase from the Crate & Barrel
website or have an account on the Crate & Barrel website (www.crateandbarrel.com).
By signing this agreement, Client hereby represents that they have made an online purchase from
Crate & Barrel or have an account on the Crate & Barrel website. If necessary, the Client could testify or produce
documents confirming that they have made an online purchase from Crate & Barrel or have an account on the Crate
& Barrel website.
Client further certifies that they have not retained any other law firm(s) to pursue their claim(s) against
Crate & Barrel and that they will not retain any other law firm(s) to do so. Client understands that, if they do
retain or have retained another law firm to pursue their claim(s), the Firm may terminate its representation of the
Client in connection with their claim(s) against Crate & Barrel.
COMMUNICATIONS CONSENT
By signing this Agreement, the undersigned Client consents to the Firm keeping them informed about the progress
of their claim by calling, emailing, and sending case-related SMS messages to the cell phone number that Client
provided to the Firm when signing up for representation. Client understands that, if at any time they no longer
wish to receive phone calls from the Firm, they can email
arbitration.clientcare@brysonpllc.com. Client
also understands that, if they no longer wish to receive SMS messages from the Firm, they can reply
“STOP” to any SMS message to opt out of receiving additional messages.
Additionally, Client consents to the Firm calling, emailing, and sending them SMS messages concerning other
matters, lawsuits, and investigations that may be relevant or of interest to Client.
PRESERVATION OF EVIDENCE AND LITIGATION HOLD
The Firm is required by court rules and caselaw to document that Client has been provided with notice of a
party's continuing obligation to preserve evidence and electronically stored information (“ESI”). This
communication, commonly referred to as a “litigation hold,” sets forth certain obligations relating to
the preservation and maintenance of documents, ESI, and evidence in the case discussed in this retainer agreement
(herein “the lawsuit”). The Firm is required to provide this information and to maintain a copy for its
files. Please review this portion of the retainer agreement carefully and advise of any questions with regard to
same.
By this communication, the Firm is advising Client (“you”/“your”) not to destroy, conceal or
alter any relevant paper or electronic files and other data generated by and/or stored on your computers, mobile
devices (such as mobile phones, iPads, etc.) and storage media (e.g., hard disks, floppy disks, backup tapes,
flash/thumb drives), or any other electronic data, such as email, or data on social networking sites controlled by
you. This also includes ESI on any cloud-based or third-party remote storage systems, such as, for example, Google
Docs, the Amazon Drive, or any other third-party cloud storage systems.
Unfortunately, your failure to comply with this notice can result in severe sanctions being imposed for
spoliation of evidence or potential evidence. All data destruction or deletion policies or settings that can
potentially impact ESI or other evidence must be suspended or turned off, immediately.
As you know,
the arbitration relates to Crate & Barrel's and your use of both the Crate & Barrel website and your social media accounts,
and information regarding same is important in the case.
You need to preserve this information, although that does not mean that all of your social media information will be produced in the lawsuit.
Electronic documents and the storage media on which they reside contain relevant, discoverable information
beyond that which may be found in printed documents. This data, referred to as metadata, contains information that
can be obtained through discovery. Therefore, you may be asked for all documents in their electronic form along with
information about those documents contained on the media or storage device.
Again, this will be/is an arbitration about the Crate & Barrel website
and your use of social media accounts, so that information is important.
Please do not delete your social media accounts, your Crate & Barrel account,
or any emails from Crate & Barrel.
With regard to electronic data created subsequent to the date of delivery of this letter, relevant evidence is
not to be destroyed. Please take whatever steps are appropriate to avoid destruction of evidence.
If this correspondence is in any way unclear, please contact the Firm immediately.
This litigation hold obligation will continue while the litigation is ongoing.
The Firm will inform you when the hold expires.
By signing this Agreement, you are confirming your understanding and commitment
to abide by this duty to preserve the evidence.
|
Sincerely,
Jonathan B. Cohen
BRYSON HARRIS SUCIU & DEMAY PLLC
|
|
I HAVE READ AND UNDERSTAND THE FOREGOING AND I AGREE TO ABIDE BY ITS CONTENTS/REQUIREMENTS.
Agreed to on this
{{agreed_to_day}}
day of
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{{agreed_to_year}}.
* Please note that the company against which you are retaining the Firm to pursue individual arbitration claims
on your behalf may require submission of a notice letter personally signed by you to begin the dispute resolution
process. So that the Firm can start this process, by signing the retainer agreement, it is your intent to
provide the Firm 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 the
Firm have agreed to represent you in connection with your individual arbitration. This is the sole limited
purpose for which you are giving the Firm legal authority to utilize your electronic signature.
