Delaware Business Litigation Report

Court Of Chancery Approves "Bonus" Fee In Indemnification Claim

O'Brien v. IAC/Interactive Corp. , C.A. 3892-VCP (August 27, 2010), affirned, August 11, 2011 (Del. Supr).

This is an interesting decision because, perhaps for the first time, the Court explicitly orders payment of a contingent fee in an indemnification case. The fee in question involved a bonus for success in the underlying arbitration proceedings.  As the Court held, if the fee is due and is reasonable, it should be paid.

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