Dani had been hired to take a number of portraits of Spears with 2-year-old son Sean Preston and 1-year-old Jayden James in November 07. The photographer, in turn, sold the pictures for 1 million dollars (GBP 500,000).
The pictures came out in last week's U.S. edition of OK! magazine, without Spears' permission.
A confidentiality agreement was not signed between Brubaker and Britney and the former holds the copyright to the photos. According to what a source told PageSix.com, she breached an agreement with Spears not to make the pictures public.
The photographer, who had refused offers of up to 500,000 dollars (GBP 250,000) for the pictures in December 07, saying that her "integrity wasn't for sale", went on to hire a manager to strike a deal with OK! magazine.
Rumor has it that Spears will be hiring top lawyer Howard Weitzman to sue Brubaker.
"All legal options are being explored at this time. Brubaker must be dealt with, and Britney will absolutely proceed, in the very least, to sue her," Contactmusic quoted a source as saying.
Brubaker reportedly plans to donate the money she made from the sale of the candid photos to a children's charity.
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