Delaware Business Litigation Report

Court Of Chancery Again Sets Procedures For Advancement

Fuhlendorf v. Isilon Systems Inc., C.A. 5772-VCN (November 9, 2010)

Once the right to fee advancement has been determined, there remains the potentially vexing question of how to determine if the fees on any given statement are reasonable.  The last thing the Court wants to do is become the monthly fee arbitrator for a case.  Hence, the Court has now several times established the procedures to follow including certification that any question or objection to a request is in good faith, payment of undisputed amounts and the use of special masters to resolve any remaining disputed fee issues.

Now all the Court has to do is get someone to sit between 2 lawyers arguing over fees and to resolve the fees of the special masters.

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