The Service We Provide You
By signing above, you are asking us to be your lawyers for claims connected to this data breach, and to file a case for you. If we agree (e.g., once you send us your data breach notice), we’ll work fast to get you paid. But, we would only be your attorneys in this (not some other) legal matter.
IMPORTANT: You won’t owe us ANYTHING unless we get you a financial/money recovery. Then, the other side pays us.
Case Results/Award
No one can guarantee the result in a lawsuit. Despite our great track record, whether and how much you recover depends on many factors like the number of other people who filed, how fast you signed up with us, how much the company you’re suing can afford to pay.
Historically speaking only: People who bring data breach cases usually recover somewhere between $2,000 and $5,000 for their part (some more if they can show hard damages). That’s “typical.” It’s a guarantee. No one can guarantee a certain outcome on any lawsuit. In data beach cases, damages are hard to calculate. Sometimes the person suffered no actual economic loss. Unless you can prove some greater damage (to justify more compensation), you are agreeing the above recovery range is acceptable.
No Direct Fees or Costs
Attorneys’ fees are negotiable. Some law firms charge clients by the hour. We don’t. Instead, our fees are dependent on the outcome. That means we take on big risks in every case we handle.
You also agree not to contest the request we make for our fees or costs. CVN also advances all costs (e.g., court filings, expert
fees, research services, travel, postage and photocopies).
IF YOU WIN: The “defendant” (the company being sued) will pay our fees/costs (neither of which we can predict and which could be much greater than your part). If the case resolves for an entire group of people (e.g., a class action, and not just for you), we get paid by court order. In that situation, again, the defendant pays, NOT YOU. You agree not to dispute our request for attorneys’ fees or costs—since they don’t reduce your award. We also advance all the costs (e.g., court filings, expert fees, research services, travel, postage, photocopies).
IF YOU DON’T WIN: No costs or fees to you = NO RISK.
Our Team/Additional Counsel
We have various attorneys and support staff that work for/at our firm. You are hiring all of them, but will be informed of the best contact person going forward. Also, we may hire additional attorneys in other states as our “Local counsel” to give us access to faraway courts. You agree we can do this and our choice of counsel, where needed. This will not change your relationship with us and it will not change any financial recovery you might get. No matter what, our firm will maintain a lead role in that relationship. Neither an agency or employment relationship between CVN and those “Local counsel” is being created by this Agreement.
Attorney-Client Privilege
Our communications may only be disclosed in the event of a breach of this Agreement. You agree communication with us by e-mail is acceptable and waive all claims due to inadvertent breach of the attorney-client privilege as a result of using e-mail.
Breach of Agreement
This should go without saying but please don’t break our agreement. We put a lot of work and our own money into our cases—so as to get our clients paid. Specifically, you cannot (1) settle your case around us (i.e., without our consent), (2) fail to reasonably communicate with us or (3) hire another law firm without our consent. If you do one of these things, we have the right to charge you for our fees/costs. That’s not saying we would, but we still reserve the right. Please just let us do what you hired us to do. Also, if you breach the agreement, we reserve the right to resolve the claim through binding arbitration, where the prevailing party would recover attorneys’ fees and costs. Of course, both sides should try to resolve any dispute informally first.
Miscellaneous Terms
If any part of this Agreement is determined by a court to be unenforceable, the remaining terms are unaffected. California law applies to this Agreement’s interpretation. You cannot assign your rights to this agreement to someone else. We have made no guarantees (and you have not relied on any statement) about the outcome of the case.
This Agreement is the complete and only agreement between us. Modifications to it are not valid unless made in writing and signed by both of us. This Agreement will be interpreted by its plain meaning. Our firm maintains errors and omissions insurance that would apply to the services to be performed under this agreement (California B&P Code § 6148).
Acceptance
By signing above, you state you read and understand this Agreement, had the opportunity to consult with your own counsel to have it explained, and are entering into it voluntarily.
MOST IMPORTANTLY: We can’t accept your case if we have not received your data breach notice/letter. Please attach it or otherwise send that quickly. Note also that CVN (our firm) is not accepting your case or promising to filer a lawsuit just because you signed this and sent us a data breach notice. Some cases are too old, already resolved, etc. PLEASE CONFIRM with us that we are, in fact, taking on the case.
