Delaware Business Litigation Report

Court Of Chancery Adopts New Fee Setting Procedures

Danenberg v. Fitracks, Inc., C.A. 6454-VCL ( March 5, 20120)

Among the more vexing tasks of a Court is setting the fees to be awarded in an advancement case. If left to itself, this can become a monthly job as the parties endlessly quarrel over how much is to be paid. The Court of Chancery has tried several approaches to  avoid getting stuck in this endless quagmire.  Here is a new one.  The Court is charging the senior Delaware lawyers for each party with the duty to resolve any difference through a detailed process including monthly meet and confer sessions.  That may be enough to interject some sanity into these disputes.

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