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Legal Strategies to Win Fee Disputes Presented by Nossaman LLP, Certified CLE Provider And Valeo Partners LLC, Corporate Sponsor
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Legal Strategies to Win Fee Disputes
Presented by Nossaman LLP, Certified CLE Provider
AndValeo Partners LLC, Corporate Sponsor
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Clients across the United States trust Nossaman with their litigation needs — from complex commercial litigation to unique niches like election law, land use and water law.
Nossaman trial teams include courtroom veterans, backed by sophisticated in-house technology. Nossaman has successfully tried cases in fields ranging from financial to environmental issues, and from public law to private contracts. In 2012, Nossaman won a precedent-setting $168 million verdict for the FDIC and defended the largest U.S. antitrust criminal trial in a decade.
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Valeo Partners provides Pricing Strategy Advisory Services – including hourly rate and AFAs - to over 200 Law Firms and Corporate Counsel. We provide 5 principal services:
1. The Attorney Hourly Rates and AFA Database
2. Northstar to the Lodestar™
3. EXOGIS™ – Billing System Conversion to AFAs
4. CLEs and Webinars
5. Analytical and Industry Reports
valeopartners.com
Webinar Information
• Viewing Instructions
• Asking Questions
• Reporting Technical Difficulties
• Code Verification (For CLE Credit): Nossaman 2013, email to Kristy Molinar, [email protected]
CLE Outline• Valeo Partners and Nossaman LLP
• Introduction of Panelists
• Fee Dispute Success Considerations Pre-Filing Considerations
Pre-trial Strategies
Trial Strategies
Post-trial Motion Strategies
• Q&A
• Close Out Email Code Verification
Next Valeo CLE
Contact Information
Panel• Brendan Macaulay,
Partner, Nossaman LLP, Panelist/Moderator, San Francisco
• Chuck Chandler, Partner and Founder of Valeo Partners, Panelist, DC
• Megan L. Brown, Partner, Wiley Rein; Panelist, DC
• Michael De Leuuw, Partner, Fried Frank; Panelist, New York
• Gary Greenfield,Founder, Litigation Cost Management; Panelist, Oakland
Legal Strategies to Win Fee Disputes
Purpose & ObjectivesTo relate specific strategies, knowledge and experience on fee disputes in US State and Federal Courts including.
• After the session, you should be able to describe:• How to identify fee motion opportunities• How to prove the reasonableness of rates & hours• Pre- and post-trial strategies for maximizing your
recovery of attorneys’ fees
Pre-Trial Strategies
Setting Up a Matter• You may have to produce bills or time entries
• Who pays bills?
• Time entries, characterizations, sensitivities: important
• Fee Negotiation – Balancing Act
• Other tips from Gary Greenfield Block Billing Adequate Detail Billing Increments
Availability of fees to Business
Plaintiffs
Judges’ Reluctance to Award Fees to Big Companies
from Governmental Entities
vs.
Bases for Potential Recovery
• Contractual or Statutes Relates to a contract
Broad versus narrow (relating to or arising from)
Tort claims related to contract
Statutes – Identifying Fee Recovery OpportunitiesSome Commonly Used Statutes:
Sections §§ 1988, 1983 related to civil rights violations
M&A/Securities
Class Litigation – class counsel
Environmental cases
Discovery sanction– FRCP Rule 37; Cal C.C.P. § 2023
Bases for Potential Recovery
Statutes – Identifying Fee Recovery
Opportunities (Continued)
Less Common but Useful
Request for Admissions - CCP §2033.420
Anti-SLAPP Motion – 35 states follow Model Act
Venue selection and statutes – Catalyst Theory
Injunctive Relief and Appeals• Preliminary Motions and Requests for
Relief TRO or PI can entitle you to fees or trigger
timing consideration Basis for or strengthen fee recovery ability
Appeals court has ability to refer fee petition to district court
Trial Court – not so much
• Appellate fees• Parties prevailing on appeal can seek fees• Special considerations for fees on appeal• Possible referral to the District Court.
Trial Strategies
Trial Strategies
• Win! Establish right to fees under contract as “Prevailing Party” Based on the prayer, special verdict
• Attorney’s Fees as Damages Insurance coverage cases Tort of Another
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Post-Trial Motion Strategies
Timing
• When to File Federal rule FRCP 54(d)(2); local rules
Deadlines for moving after judgment – 14 days
o Disputes over “prevailing party” status in cases of
preliminary relief or immediate appeals
• Stipulations for extensions of time?
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Defending Lodestar
• Evidence for Prevailing Rates
Valeo Database
Advantages over other sources
How to identify and obtain comparative
data
Admissibility of Valeo
FRE 1006 Summary
Multiple Data Points
Expert Confirmation
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Defending Lodestar• Evidence for Prevailing Rates (Cont’d)
Expert Opinion Declaration of Trial Counsel & Other
Members of Bar Other Comparable Fee Requests Prior Awards Upholding Your Rates Declarations of Opposing Counsel
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Defending Lodestar
• Multipliers Based on Risk
• Mine Opponents’ Pleadings and
statements Admissions or Characterizations
For Example:
Complex
Far-Reaching Impacts
Important 20
Defending Lodestar
• Skill of Counsel as Justification Motions Won, Success Achieved
ABA Factors
• Defending Hours Used
• Defending Use of Personnel
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Defending Lodestar
• Things to Avoid Inappropriate time to bill (e.g., Clerical)
Over-redaction
Unnecessary Duplication
Excessive Numbers of Personnel
Inappropriate Expenses
Staffing and Rates
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Close Out
• Satisfaction Survey
• E-mail Verification Code:
Nossaman 2013 to Kristy,
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QUESTIONS & ANSWERS
Contact InformationValeo Partners
Chuck Chandler
1220 L Street NW Suite 100
Washington, DC 20005
202.744.1980
www.valeopartners.com
Next Valeo CLE• Alternative Fee Arrangements: How to Provide
Higher Value to Your Firm and Clients
• Wednesday, June 19, 12 Noon EDT.
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Biographies• Brendan Macaulay is a trial lawyer in the San Francisco office of Nossaman LLP. For
20 years, he has focused on complex business litigation in the areas of real estate, commerce and financial services. He represents public and private companies in state and federal courts, and is particularly adept at shifting fees and costs to opposing parties. [email protected]; 415-438-7204; http://www.nossaman.com/bmacaulay
• Megan Brown is a partner at Wiley Rein in Washington DC, specializing in litigation and appellate work. She has developed particular expertise helping businesses respond to regulation and legislation that constrains their operations or communications. This regularly involves suing governmental entities to vindicate clients’ federal rights. Ms. Brown has help win precedent-setting victories under the United States Constitution, the federal Communications Act, and other statutes. Ms. Brown has been involved in challenges around the country and has become skilled in evaluating and structuring lawsuits, including those that entitle the plaintiff to attorneys’ fees. http://www.wileyrein.com/professionals.cfm?sp=bio&id=12
• Michael B. de Leeuw is a partner in Fried Frank's litigation department. Mr. de Leeuw has litigated cases on behalf of corporations, directors and special board committees in a diverse range of areas related to complex financial and business arrangements, including litigation concerning mergers and acquisitions, antitrust, bankruptcy, securities, intellectual property and defamation law. Mr. de Leeuw also regularly advises corporations and their officers and directors on these areas. http://friedfrank.com/index.cfm?pageID=42&itemID=912
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Biographies• Gary A. Greenfield, a former litigator, founded Litigation Cost Management in
Oakland, California, in1991 to consult exclusively on attorney fee issues. Mr. Greenfield acts as an expert witness on attorney fee matters and has conducted numerous analyses related to legal fees in complex litigation, in matters ranging up to several hundred million dollars in fees, both on behalf of parties seeking and parties opposing recoveries of legal fees in both state and federal courts. He has also been a Special Master on fee-related issues and conducts trainings on classes on legal bill analysis and auditing and other legal fee-related issues. [email protected] and http://www.litcost.com
• Chuck Chandler is a Partner of Valeo Partners in charge of its Legal Consulting Practice. Chuck is a successful entrepreneur, either as Shareholder, Stakeholder or Partner, with three businesses in the legal information market space - Information America, CourtExpress and Valeo Partners. Prior to joining Valeo, Chuck was a Vice President at Thomson Reuters. He has over 20 years executive experience in business and product creation, legal content acquisition, sales and marketing and finance. Chuck has been cited in numerous legal publications including the Wall Street Journal, the New York Law Journal, the California Law Journal, and Le Monde. [email protected], 202-776-2629.
• Daniel Weissbein is and independent consultant working with Valeo Partners. He has a PhD in Industrial & Organizational Psychology and over 15 years experience consulting with governmental and private organizations. He has particular expertise in research and evaluation, training design and development, writing, and human capital management. [email protected]
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