Private Enforcement of Antitrust Law in the United States
Show Less

Private Enforcement of Antitrust Law in the United States

A Handbook

Edited by Albert A. Foer and Randy M. Stutz

Private Enforcement of Antitrust Law in the United States is a comprehensive Handbook, providing a detailed, step-by-step examination of the private enforcement process, as illuminated by many of the country’s leading practitioners, experts, and scholars.
Buy Book in Print
Show Summary Details
You do not have access to this content

Chapter 10: Funding Litigation

K. Craig Wildfang and Stacey P. Slaughter


K. Craig Wildfang and Stacey P. Slaughter1 § 10.01 § 10.02 § 10.03 § 10.04 § 10.05 Introduction A history of contingent fees in the United States Considerations before funding a contingent fee case E-discovery costs 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 arrangements. Behind the scenes, these agreements between attorneys and clients are the lifeblood 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 L.L.P. in their Minneapolis, Minnesota office. Before joining the firm’s antitrust practice, Mr. Wildfang served as Special Counsel to the Assistant Attorney General for Antitrust, United States Department of Justice in Washington, D.C. from 1993 to 1996. Stacey P. Slaughter is also a partner at the law firm of Robins, Kaplan, Miller...

You are not authenticated to view the full text of this chapter or article.

Elgaronline requires a subscription or purchase to access the full text of books or journals. Please login through your library system or with your personal username and password on the homepage.

Non-subscribers can freely search the site, view abstracts/ extracts and download selected front matter and introductory chapters for personal use.

Your library may not have purchased all subject areas. If you are authenticated and think you should have access to this title, please contact your librarian.

Further information

or login to access all content.