Solidarity Against Racism and Police Violence – A Message from O&G

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Attorney Representation Agreement


It is hereby agreed that the firm of OUTTEN and GOLDEN LLP (hereinafter “ATTORNEYS”), shall represent the undersigned (hereinafter “CLIENT”) for purposes of investigating whether to file an individual and/or class claim under the federal Worker Adjustment and Retraining Notification Act (“WARN Act”) against 

and or any related entity which may also be liable.

If ATTORNEYS and CLIENT agree to file a WARN Act class claim, the following provisions will apply:

1. ATTORNEYS shall undertake and use their best efforts to obtain certification of the class of which CLIENT is a member in the action to be filed by ATTORNEYS on behalf of CLIENT, and all other similarly situated employees.

2. ATTORNEYS shall seek appointment by the Court as class counsel, and agree to undertake the representation of all members of the class that may be certified by the Court.

3. If the action is certified as a class action, and if a monetary recovery or other relief is obtained for the plaintiff class, either by settlement or judgment, ATTORNEYS will apply to the Court for reimbursement of their costs and payment of their fees by defendant(s) in addition to, or from, such recovery or relief. The Court has authority and discretion to fix the fee at the level it determines to be reasonable. CLIENT will retain his or her right, as a class member, to approve, oppose, or comment upon any proposed settlement of all or part of the class action, and to approve, oppose, or comment upon any application for reimbursement of costs and award of attorneys' fees made therein by ATTORNEYS.

4. If the action is not certified as a class action, or if events occur that make the case no longer suitable in the view of the ATTORNEYS, ATTORNEYS may withdraw as counsel for CLIENT. If that happens, ATTORNEYS will assist CLIENT to find counsel acceptable to CLIENT to represent CLIENT on an individual basis.

5. If the action is not certified as a class action, and if ATTORNEYS continue to represent CLIENT on an individual basis, no settlement shall be made therein by ATTORNEYS without the authorization of CLIENT. If the action is not certified as a class action, ATTORNEYS will receive the greater of (a) one-third (33 1/3%) of the net settlement proceeds, if any, or forty percent (40%) of judgment proceeds, if any, or (b) the full amount of any court-awarded attorneys' fees. For these purposes, "net proceeds" means the gross pre-tax recovery (including any award of attorneys' fees and the value of any benefits received) less any unrecovered disbursements. The fee set forth in this Agreement is not set by law, but is negotiable between ATTORNEYS and CLIENT.

6. CLIENT understands that ATTORNEYS will advance all legal, investigative and trial costs (hereinafter "disbursements") necessary for prosecution of CLIENT'S claims at their sole expense (to the extent applicable law and ethics rules allow), and will not bill or charge CLIENT for any costs.

7. ATTORNEYS’ compensation shall not exceed any limits imposed by law. The contingent percentage of recovery set forth in this agreement is not set by law, but is negotiable between ATTORNEYS and CLIENT prior to signing this agreement. ATTORNEYS maintain an errors and omissions insurance coverage applicable to services contracted to be provided under this agreement.

8. In the absence of a certified class, CLIENT understands that no settlement of CLIENT’S monetary claims will be made without CLIENT'S approval.

9. In no event shall ATTORNEYS be entitled to payment of attorneys’ fees by CLIENT if ATTORNEYS’ efforts do not ultimately result in monetary recovery by CLIENT.

10. ATTORNEYS reserve the right to withdraw from the representation if CLIENT does not fulfill the terms and conditions of this Agreement, or if there is a difference of opinion between CLIENT and ATTORNEYS on a significant issue. CLIENT retains the right to discharge ATTORNEYS from individual representation for any reason whatsoever, provided, however, that CLIENT understands that class counsel serves by order of the court. In the event that CLIENT discharges ATTORNEYS as CLIENT'S individual representative, ATTORNEYS will be entitled to seek reimbursement from CLIENT in quantum meruit for work actually performed by ATTORNEYS during the period of ATTORNEYS' representation of CLIENT. In such circumstances, ATTORNEYS shall have a lien for their compensation on CLIENT'S rights to recovery arising out of a wage collection claim.

11. CLIENT understands the effect of joint representation on ATTORNEY-CLIENT confidentiality. ATTORNEY-CLIENT communications are privileged and are protected against disclosure to a third party. Under this agreement, CLIENT understands that ATTORNEYS may represent and consents to ATTORNEYS representing multiple Plaintiffs. By entering into this agreement, CLIENT waives any right CLIENT may have to require that ATTORNEYS disclose to CLIENT any confidences ATTORNEYS have obtained from any other Plaintiff in connection with the subject matter of this agreement.

12. ATTORNEYS shall have the right to associate other attorneys at no additional expense to CLIENT.

13. Until the conclusion of this matter, CLIENT must preserve and maintain all documents and electronic records or files in your possession or control that relate to your employment in any way. These electronic records include, but are not limited to documents in paper format as well as electronic information stored in work or personal home computers, laptops, PDAs, thumb drives, cell phones, external hard drives, CDs, DVDs, voicemail, video, social networking websites, online email accounts, blogs or other storage media. 

Full Name
Mailing Address
Client Questionnaire - Company


Please provide us with the following information:

The address of the facility at which you worked
State the approximate total number of employees at the facility where you worked prior to the mass layoff or plant closing:
State the total approximate number of employees terminated at the facility at which you worked and the approximate date(s) of their terminations:
State your gross annual or gross weekly salary:
examples: medical or dental benefits, accrued vacation or other paid time off, bonuses, 401K or deferred compensation, unreimbursed expenses, past due unpaid wages
Received Written Notice of Termination
Did you receive any written notice of your termination?
Please state the date you received the written notice of termination:
example: via hand, mail, posting, email, included with your paycheck
Everyone Received Same Notice
Please state whether to your knowledge everyone else at the facility where you worked also received written notice in the same manner that you did:
Bankruptcy Court Documents Received
Did you receive any documents from the bankruptcy court regarding Company?
Union Member
Were you a member of a union while employed by the company?
If yes, please state the name of union:
Attach Instructions

Please attach a copy of any notice of your termination that you received. (By Mail)

Please attach a copy of all documents you received from the bankruptcy court regarding Company and immediately notify us in the future if you receive any documents from the court. (By Mail)

Please send any documents to:
Outten & Golden LLP, 685 Third Avenue, 25th floor, New York NY 10017 or Fax 646-509-2070

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