Delaware Business Litigation Report

Court Of Chancery Summarizes Past Fee Awards

In Re Emerson Radio Shareholder Derivative Litigation, C.A. 3392-VCL (March 28, 2011)

Delaware lawyers are often asked to estimate what the Court of Chancery will award in fees following settlement or trial of a derivative action. Well this decision summarizes those fee awards:

10 - 15% for a fast settlement

15 - 25% for contesting motions and other pretrial work that leads to a settlement

25 - 33% for winning after trial

All these percentages apply to monetary settlements, but the Court also explains how to determine fees in cases invovling non-monetary settlements.

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