Delaware Business Litigation Report

Special Master Reports On Fee Request

Fuhlendorf v. Isilon Systems, Inc., C.A. 5772-VCN (February 8, 2011)

In this report of a well-respected Delaware attorney serving as a special master, there is much to be learned about how to seek advancement of fees.  He does a good job of explaining Duthie v CorSolutions Medical Inc., 2008 WL 4173850 (Del. Ch., Sept. 10, 2008), a leading decision on the administration of advancement claims.  Finally, he comes up with the procedures going forward to avoid all the bickering over fees that so dominates this area.

If you doubt this is a real problem, note that the earnings restatement that gave rise to the underlying litigation involved  $4.8 million.  The attorney fees for just this one defendant approached $7 million.

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