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Wildfang, K. Craig; Slaughter, Stacey P. --- "Funding Litigation" [2012] ELECD 854; in Foer, A. Albert; Stutz, M. Randy (eds), "Private Enforcement of Antitrust Law in the United States" (Edward Elgar Publishing, 2012)

Book Title: Private Enforcement of Antitrust Law in the United States

Editor(s): Foer, A. Albert; Stutz, M. Randy

Publisher: Edward Elgar Publishing

ISBN (hard cover): 9780857939593

Section: Chapter 10

Section Title: Funding Litigation

Author(s): Wildfang, K. Craig; Slaughter, Stacey P.

Number of pages: 23

Extract:

10 Funding litigation
K. Craig Wildfang and Stacey P. Slaughter1


§ 10.01 Introduction
§ 10.02 A history of contingent fees in the United States
§ 10.03 Considerations before funding a contingent fee case
§ 10.04 E-discovery costs
§ 10.05 Types of fee arrangements
10.05.1 100 percent contingent agreements
10.05.2 Incentive-based fee arrangement
10.05.3 The "billable hour"
10.05.4 Task-based and flat fee arrangements
10.05.5 Mixed arrangements
10.05.6 Attorney investment
10.05.6(a) The Agent Orange example
10.05.6(b) Ethical considerations of attorney-investors
10.05.7 Other investors
§ 10.06 Court factors in awarding attorneys' fees
10.06.1 The percentage method
10.06.2 The "lodestar" method
10.06.3 Combined method
10.06.4 The Goldberger factors
§ 10.07 Recovery awarded as attorneys' fees in antitrust cases
10.07.1 Recoveries exceeding $500 million
10.07.2 Recoveries between $100 million and $500 million
10.07.3 Recoveries less than $100 million
10.07.4 Tax implications
§ 10.08 Conclusion

§ 10.01 Introduction

Private litigation in the United States is financed through a variety of attorney fee
arrangements, including contingency fees, hourly fees, and alternative billing arrange-
ments. Behind the scenes, these agreements between attorneys and clients are the life-
blood of private claims, as all such claims require adequate funding at each stage of


1
K. Craig Wildfang is a partner at the law firm of Robins, Kaplan, Miller & Ciresi ...