Comcast/Xfinity Data Breach

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The following is an Agreement between you and this law firm to represent you in filing an arbitration claim against Comcast.  

Upon hitting SUBMIT, you will be able to sign the Agreement.



This Agreement for Representation (“Agreement”) is hereby entered into by and between “Client" and the law firm of Kopelowitz Ostrow P.A. (“Counsel”).

1.  Scope of Representation.

     a.  In General.  Client authorizes Counsel to represent Client, and to take all actions that, in the professional opinion of Counsel, may be necessary to investigate and prosecute privacy claims against Comcast Communications, LLC d/b/a Xfinity ("Comcast") for claims arising out of the data breach that occurred in or around October 2023 (the “Claims”).

     b.  Arbitration Claim(s).  Client authorizes Counsel to file arbitration claim(s) on behalf of Client, if Counsel, in its professional judgment, determines that Client has suitable Claims.

     c.  Tax Advice Excluded.  Counsel’s representation of Client does not include any tax-related advice, including advice relating to the taxability of any monies recovered by Counsel on Client’s behalf. 

2.  Association of Additional Counsel.  Counsel shall have the option, on reasonable consultation with Client, to associate with additional lawyers or law firms to assist in prosecuting the Claims.

3.  No Guarantees As To Outcome.  During the course of this representation, Counsel may express to Client opinions concerning possible outcomes.  These expressions of opinion are not guarantees.  No guarantee of any particular outcome can be made in arbitration matters generally, or in this matter specifically.  In any contested matter brought in an arbitration, there is always a possibility that an arbitrator may ultimately rule in favor of the defendant, despite best efforts of the plaintiff’s attorneys.

4.  Duties of Client.  Client agrees to cooperate fully with Counsel during the course of representation, to advise Counsel fully of all pertinent matters, and to provide truthful and accurate information to the best of Client’s knowledge.  Client agrees to keep Counsel informed of the Client’s address and telephone numbers at all times.  Client agrees to take appropriate precautions to protect attorney work product and attorney-client communications.  Client agrees to make himself or herself available, upon Counsel’s request, for meetings, telephone calls, depositions, arbitration hearing, or other events as Counsel deems necessary.

5.  Decision Making and Settlement Authority.  Counsel has the right to make strategic and legal decisions relating to prosecution of the Claims, on the basis of Counsel’s professional knowledge, experience and judgment.  Counsel will not, however, settle the individual claims of Client without the approval of the Client.  Client agrees not to settle Client’s individual claims without approval of Counsel. 

6.  Documents.  Client shall be entitled to review his or her file; however, Counsel’s work product shall be the property of Counsel.  At the termination of representation, Counsel may retain copies of any documents provided by the Client.  Upon Client’s request, Counsel will return any original documents to Client.  Counsel will have no responsibility for retaining any documents provided by Client for more than three years after the termination of representation.

7..  Multiple Representation.  Client agrees that Counsel may represent one or more additional clients who also have claims against the same entities, or who otherwise have claims that relate to or overlap with Client’s Claims (the “Additional Clients”).

   a.  No Present Conflict.  In any matter in which an attorney represents multiple clients, there is always the possibility that a conflict may develop between the clients.  Counsel is not presently aware of any such conflict.  Client expressly consents to Counsel’s representation of Additional Clients despite the possibility of conflict.

   b.  In the Event of a Conflict.  If a material, non-waivable conflict arises that, in the professional judgment of Counsel, would or might preclude further multiple representation of the Client or any Additional Clients, then Counsel may discontinue representation of Client or one or more Additional Clients, as deemed appropriate based on the sole judgment of Counsel.

   c.  Communications.  Any information provided by Client in confidence to Counsel may be shared with the Additional Clients, or any other members of the Potential Class, but shall be privileged as to any other persons.

8.  Attorneys’ Fees and Arbitration Expenses.

   a.  Arbitration Expenses.  Client understands that Counsel will advance all legal and investigative costs in connection with representing Client under this Agreement and that, therefore, Counsel has an ownership interest in the causes of action and Claims to the extent of the fees and reimbursable expenses payable to Counsel under this Agreement.  Client understands and agrees that Counsel shall be reimbursed out of any recovery as set forth below for all costs they advance, before any distribution of attorneys’ fees or any distribution to Client.  For purposes of this Agreement, such costs may include, but are not limited to, filing fees, arbitration costs, costs of service by special process, costs of court reporters, videographers, and related deposition or transcript expenses, copying and printing costs, long distance telephone calls, computerized legal research, document reproduction, coding and organization services, administrative processing fees, delivery charges, graphic design, travel expenses, consultant’s fees, and investigative and expert witness services.

   b.  Fees and Expenses In the Event of No Recovery.  In the event there is no recovery, Counsel will not be entitled to recover any legal fee or costs from Client, except in the event that Client terminates representation, as explained below. 

   c.  Fees and Expenses In the Event of an Individual Recovery.  If Client obtains an individual monetary recovery for any claim prosecuted under this Agreement, whether by settlement or arbitration award, Counsel shall be entitled to the greater of: (1) one-third of any settlement or recovery obtained for the Client; (2) any attorneys’ fees recovered from the defendant as provided below; or (3) arbitrator-awarded attorneys’ fees.  In addition, Counsel shall be entitled to reimbursement of arbitration expenses they have advanced.  The legal fee will be deemed earned in full upon the issuance of a final order of an arbitrator, or upon execution by all parties of a settlement agreement.  Payment of the fee shall be deferred until recovery is effectuated, whether or not effectuated by Counsel.

   d.  Fees Paid by the Defendant.  Client understands and agrees that all attorneys’ fees that may be recovered from the defendant(s), whether by settlement, arbitration award, or court judgment, or pursuant to any law, shall belong solely to Counsel.  Counsel will make any necessary allocation of fees among themselves and any other lawyers or law firm with which they have associated for purposes of pursuing the Claims.

9.  Attorneys’ Lien.  You hereby grant Counsel a lien on any of the Claims that are the subject matter of this Agreement.  The lien will be for any sums due and owing by Client to Counsel at the conclusion or termination of Counsel’s services. The lien will attach to any recovery Client may obtain based on the Claims that are the subject matter of this Agreement, whether by judgment, settlement or otherwise.

10.  Termination.  Either party may terminate representation under this Agreement, but only as set forth below:

   a.  Termination by Counsel.

                              i.   In light of the fact that discovery of currently unknown facts or future changes in existing law may make the Claims too risky or uncertain to pursue, and that Counsel are willing to advance arbitration expenses and attorney time on behalf of the Client with no assurance of recovery, Counsel may terminate the representation if, in the sole judgment of Counsel, the chances of success do not justify going forward with Client’s Claims, or continuing representation would result in an unreasonable financial burden to Counsel, or in the case of a conflict.  In the case of termination by Counsel under this provision, Client understands and agrees that Counsel retains the right to recover arbitration expenses and attorneys’ fees for work to date of termination out of any monetary recovery Client ultimately obtains for any claim previously prosecuted by Counsel under this Agreement.

                    ii.  Counsel may terminate representation if Client fails to abide by his or her obligations as set forth in this Agreement.  In the event of such termination, Client understands and agrees that Counsel retains the right to recover arbitration expenses and attorneys’ fees for work to date of termination out of any monetary recovery Client ultimately obtains for any claim previously prosecuted by Counsel under this Agreement.

                      iii.  In any case of termination of representation by Counsel, Client will not be responsible for payment of fees and expenses that exceed Client’s ultimate monetary recovery.

   b.  Termination By Client.  Client may terminate Counsel by delivering to Counsel a written notice, stating that Client has decided to terminate the representation, and providing an explanation of the reason for that decision.  Such termination shall become effective only upon Counsel’s receipt of such written notice.  In the event of such termination, Client understands and agrees that Counsel retains the right to recover arbitration expenses and attorneys’ fees for work to date of termination out of any monetary recovery Client ultimately obtains for any claim previously prosecuted by Counsel under this Agreement.

 c. Termination Upon Resolution.  Counsel’s representation of Client will automatically terminate upon final resolution or legal disposition of Client’s Claims, whether by settlement, arbitration award or court judgment, and payment of all outstanding attorneys’ fees and expenses, as provided for herein.

11.   SMS Texts.  Client consents to receive SMS texts from Counsel regarding this case and Client's claim for compensation.

12.  Total Agreement.  This Agreement represents the total agreement between Client and Counsel regarding attorneys’ fees and arbitration expenses and other terms involving representation of Client by Counsel.  Any modifications, additions, or other changes to this Agreement shall be made only in writing and signed by Client and authorized representatives of Counsel.

13.  Execution of Agreement.  This Agreement may be executed in two or more counterparts, each of which may be deemed an original, but all of which shall constitute one and the same document. 

14.  Governing Law.  This Agreement shall be governed by the laws of the State of Florida.

15. Notice Letter. You give Counsel the legal authority to utilize your electronic signature for the sole purpose of a notice letter to begin the dispute resolution process.

Kopelowitz Ostrow P.A. © 2024 KO Lawyers.