Dear {full_name}:
This is an agreement (the “Agreement”) between you and Wallace Miller (or the “Firm”) for legal representation for your claim(s) against Kalshi, Inc., KalshiEx, LLC, Kalshi Klear, Inc., Kalshi Klear, LLC, and/or Kalshi Trading, LLC or any of their affiliates or subsidiary companies (collectively, “Kalshi”) for all statutory and common law claims arising from Kalshi’s alleged unlawful and deceptive marketing and operation of its “prediction market” platform.
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 Kalshi 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 Kalshi 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 Kalshi. This agreement also authorizes the Firm to settle and release your claim(s) as a part of a class action if Kalshi chooses to do so.
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, at no additional cost to you.
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 mycase.arbs@wallacemiller.com.
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.
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. 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.
CERTIFICATION
Client certifies that they have not retained any other law firm(s) to pursue their claim(s) against Kalshi 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 Kalshi.
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 Kalshi, 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 Kalshi, so information regarding your engagement with Kalshi is important. Please do not delete any emails from Kalshi.
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.