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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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at the request of the Attorney General
A PROPOSED RESOLUTION
IN THE COUNCIL OF THE DISTRICT OF COLUMBIA
13 To declare the existence
of an emergency with respect to the need to approve multiyear Contract
14 No. DCCB-2023-F-0043 with Edelson PC to provide legal services to the Office of the
15 Attorney General.
16
17 RESOLVED, BY THE COUNCIL OF THE DISTRICT OF COLUMBIA, That this
18 resolution may be cited as the "Contract No. DCCB-2023-F-0043 with Edelson PC Emergency
19 Declaration Resolution
of 2023".
20 Sec.
2. (a) There exists a need to approve multiyear Contract No. Contract No. DCCB-
21 2023-F-0043 with Edelson PC to provide legal services to the Office of the Attorney General for
22 a consumer protection matter.
23 (b) Because this is a multiyear contract and involves expenditures in excess of $1 million
24 during a 12-month period, Council approval
of this contract is required by section 451 of the
25 District of Columbia Home Rule Act, approved December 24, 1973 (87 Stat. 803; D. C. Official
26
Code§ 1-204.51).
27 (c) Council approval
is necessary to allow the continuation of these vital services.
28 Sec.
3. The Council determines that the circumstances enumerated in section 2 constitute
29 emergency circumstances making it necessary that the Contract No. DCCB-2023-F-0043 with
30 Edelson PC Approval and Payment Authorization Emergency Act
of 2023 be adopted after a
31 single reading. Sec. 4. This resolution shall take effect immediately. 32