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400 Sixth Street NW, 10th Floor, Washington, DC 20001-5790, (202) 727-3400, Fax (202) 730-0484
GOVERNMENT OF THE DISTRICT OF COLUMBIA
Office of the Attorney General
ATTORNEY GENERAL
BRIAN L. SCHWALB
November 1, 2023
The Honorable Phil Mendelson, Chairman
Council of the District of Columbia
John A. Wilson Building
1350 Pennsylvania Avenue, NW, Suite 504
Washington, DC 20004
Dear Chairman Mendelson:
Enclosed for consideration and approval by the Council of the District of Columbia is proposed
emergency legislation, the “Contract No. DCCB-2023-F-0043 with Edelson PC Approval and
Payment Authorization Emergency Act of 2024,” and an accompanying emergency declaration
resolution to approve the award of the proposed definitive multiyear Contract Number DCCB-
2023-F-0043 to Edelson PC.
From time to time, the Office of the Attorney General (OAG) requires the assistance of outside
counsel to carry out its mission. Drawing on the resources of specialized outside counsel allows
OAG to vastly expand the types of cases it can bring and the rights it can enforce. Outside counsel
services are especially helpful in matters involving complex facts and legal theories, often with
national or multi-national targets. This contract arranges for Edelson PC to provide OAG with
outside legal services to pursue Consumer Protection Procedures Act claims against Meta
Platforms, Inc. and Instagram, LLC related to their use of deceptive and unfair trade practices
that target and harm children.
The contract is a definitive multi-year, contingency-fee contract. With contingency-fee contracts,
the amount the contractor will receive depends on if and when the District realizes a monetary
recovery; the contractor will not receive any compensation for the costs it incurs or for the
services it provides if the District never realizes a monetary recovery. The not-to-exceed amount
of this contract is $55 million, and the base period of performance is from the date of award
through five years thereafter. This contract will definitize a letter contract awarded on August 17,
2023.
If you have any questions, please contact Deputy Attorney General Candyce Phoenix at (202)
788-2066 or Candyce.Phoenix@dc.gov. I look forward to favorable consideration of this
contract.
Sincerely,
Brian L. Schwalb
Attorney General
Enclosures
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ChfurmanPhi!Mendelson
at the request
of the Attorney General
A BILL
IN THE COUNCIL OF THE DISTRICT OF COLUMBIA
16 To approve, on an emergency basis, multiyear Contract No. DCCB-2023-F-0043 with Edelson
17 PC, to provide legal services to the Office of the Attorney General, and to authorize
18 payment for the goods and services received and to be received under the contract.
19
20 BE IT ENACTED BY THE COUNCIL OF THE DISTRICT OF COLUMBIA, That this
21 act may be cited as the "Contract No. DCCB-2023-F-0043 with Edelson PC Approval and
22 Payment Authorization Emergency Act of 2023 ".
23 Sec. 2. Pursuant to section 451 of the District of Columbia Home Rule Act, approved
24 December 24, 1973 (87 Stat. 803; D.
C. Official Code§ 1-204.51), and section 202 of the
25 Procurement Practices Reform Act of 2010, effective April 8, 2011 (D.C. Law 18-371; D.C.
26 Official Code § 2-352.02), the Council approves multiyear Contract No. DCCB-2023-F-0043
27 with Edelson PC, to provide legal services
to the Office of the Attorney General for a consumer
28 protection matter, and authorizes payment
in the not-to-exceed amount of $55 million for goods
29 and services received and to be received under Contract No. DCCB-2023-F-0043.
30 Sec.
3. The Council adopts the fiscal impact statement provided by the Chief Financial
31 Officer
as the fiscal impact statement required by section 4a of the General Legislative
32 Procedures Act
of 1975, approved October 16, 2006 (120 Stat. 2038; D. C. Official Code§ 1-
33 301.47a). Sec. 4. This act shall take effect following approval by the Mayor (or in the event of 34
veto by the Mayor, action by the Council to override the veto), and shall remain in effect for no 35
longer than 90 days, as provided for emergency acts of the Council of the District of Columbia in 36
Section 412(a) of the District of Columbia Home Rule Act, approved December 24, 1973 (87 37
Stat. 788; D.C. Official Code § 1- 204.12(a)). 38