Benjamin D. Brown, co-chair of Cohen Milstein’s Antitrust practice and the firm’s managing partner | Cohen Milstein
Benjamin D. Brown, co-chair of Cohen Milstein’s Antitrust practice and the firm’s managing partner | Cohen Milstein
The City of Chicago has engaged the law firm Cohen Milstein Sellers & Toll PLLC under a contingency fee agreement to investigate and potentially file lawsuits against Grubhub, DoorDash, Uber Eats, and Postmates. The action concerns alleged deceptive marketing practices, as revealed by records obtained through the Freedom of Information Act.
Cohen Milstein is a litigation firm with over 100 attorneys in offices across several major U.S. cities including Washington, D.C., New York, and Chicago. The firm specializes in representing workers, consumers, public entities, whistleblowers, and others in cases involving antitrust issues, civil rights violations, securities fraud, and related legal matters.
According to the engagement letter between the City of Chicago and Cohen Milstein, the firm will be compensated on a contingency basis ranging from 15% to 28% of net recovery. This percentage depends on the stage at which any potential legal matter is resolved. The firm will advance litigation costs and will only be reimbursed from any recovery proceeds. Additionally, combined contingency fees and court-awarded attorneys’ fees are capped at 50% of total net recovery.
The agreement allows Cohen Milstein to investigate and potentially litigate against Grubhub, DoorDash, Uber Eats, Postmates, and associated entities. The investigation focuses on claims related to marketing practices for food delivery services within Chicago. Possible remedies include civil penalties, restitution, damages, injunctive relief, among other outcomes.
A white paper published by the Washington Legal Foundation on July 16, 2025 states that state attorneys general hold primary legal authority to initiate actions on behalf of the public. It discusses potential conflicts when cities or counties pursue similar litigation using private contingency-fee law firms.
The contract specifies that the City retains decision-making authority over all significant litigation matters such as whether to sue or settle claims. Any expenses exceeding $25,000 require prior approval from the City. Cohen Milstein cannot subcontract duties without written consent from the City. Fee disputes are subject to mediation and binding arbitration if necessary.
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