Weekes v. Cohen Cleary, P.C.

If you were notified of a Data Incident involving Cohen Cleary, P.C., you may be entitled to benefits from a settlement.

What is the Lawsuit about?

This lawsuit alleges that Cohen Cleary was negligent and violated contractual and statutory damages when a third party obtained unauthorized access to information such as names, addresses, dates of birth, Social Security numbers, medical information and health insurance information. Cohen Cleary denies any liability or wrongdoing of any kind associated with the claims in this lawsuit.

Excluded from the Settlement Class are (a) all persons who are governing board members of Defendant; (b) governmental entities; (c ) the Court, the Court’s immediate family, and Court staff; and (d) any individaul who timely and validly opt-out of the Settlement.

Am I a Class Member?

You are a member of the Settlement Class if you are a resident within the United States of America whose Private Information was exposed to unauthorized third parties as a result of the data breach allegedly discovered by Defendant on or before September 30, 2022.

What are the Settlement Benefits?

Cohen Cleary has agreed to establish a Settlement Fund, in the amount of $150,000.00.

The Settlement Fund will be used to pay attorneys’ fees and costs, a Service Payment for the Class Representative and Settlement administration costs. After deducting amounts for attorneys’ fees and costs, a Service Payment for the Class Representative, and Settlement administration costs, the remaining amount (“Net Settlement Amount”) will be used to pay timely valid claims.

A Settlement Class Member who timely submits a valid and approved Claim Form shall be entitled to a Claimant Award:

Documented Loss Fund

The Settlement Class Member may submit a claim for a Settlement Payment of up to $5,000 reimbursement in the form of a Documented Loss Payment. To receive a Documented Loss Payment, a Settlement Class Member must choose to do so on their given Claim Form and submit to the Settlement Administrator the following: (i) a valid Claim Form electing to receive the Documented Loss Payment benefit; (ii) an attestation regarding any actual and unreimbursed Documented Loss; and (iii) reasonable documentation that demonstrates the Documented Loss to be reimbursed pursuant to the terms of the Settlement.

Non-Documented Pour-Over Fund

Following the distribution of Administrative Expenses, Service Awards, Documented Loss Claims, Attorneys’ Fees and Class Counsel’s Litigation Expenses, the Settlement Administrator will make a pro rata cash payment from the remaining Settlement fund, up to $300, to each Class Member who submits a valid claim, as determined by the Settlement Administrator in accordance with the Settlement Agreement or, if applicable, the dispute resolution process therein, so long as the funds are available. If too little money remains to make such a payment, the money will be donated to an appropriate charity.

Cohen Cleary has undertaken or will undertake reasonable steps to further secure its systems and environments.

Your Legal Rights and Options in This Settlement