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Apple ( AAPL ) and Amazon have asked for a combined $223,000 in
sanctions against a prominent class action law firm, accusing it
of dragging out litigation over the price of iPhones and iPads
after the initial plaintiff in the case sought to drop out.
U.S. District Judge Kymberly Evanson in Seattle last month
said the companies could ask to recover legal fees from Hagens
Berman Sobol Shapiro for failing to immediately disclose that
its client wanted out of the case.
Hagens Berman "needlessly prolonged this litigation and
required considerable judicial resources," Evanson said.
The companies said in their fee request on Friday that their
legal teams worked more than 350 hours on motions relating to
seeking information about the plaintiff.
Spokespeople for Hagens Berman, Apple ( AAPL ) and Amazon did not
immediately respond to requests for comment. The lawsuit, which
accuses the companies of conspiring to artificially inflate the
price of iPhones and iPads sold on Amazon's platform, is
continuing after other plaintiffs were added to the case.
Apple ( AAPL ) and Amazon have denied the antitrust claims.
Apple ( AAPL ) is represented by attorneys from Weil, Gotshal &
Manges and Orrick, Herrington & Sutcliffe, while Amazon has a
team from Sidley Austin, Redgrave and Davis Wright Tremaine.
The tech companies said they would limit their fee request
to match hourly rates typically charged in the Western District
of Washington. Weil partner Mark Perry, a Washington, D.C.,
lawyer who co-leads the firm's appellate and strategic
counseling practice, said his rate for the purpose of the fee
request was $900 an hour. Perry and other defense lawyers in the
case did not immediately respond to requests for comment.
Hagens Berman client Steven Floyd told his lawyers in
January 2024 that he wanted out of the litigation because he did
not want to participate in the discovery process, Evanson said
last month.
But the firm did not immediately disclose this to the court,
the judge said, and instead created the impression that Floyd
"had suddenly fallen out of contact in January 2024, for reasons
his counsel did not know and possibly unrelated to the
litigation."
Hagens Berman's "characterizations of Floyd's situation over
the past fourteen months have not reflected his reality,"
Evanson said.
The judge on Tuesday formally dismissed Floyd's claims from
the lawsuit.
-- William Burck and Alex Spiro aren't the only partners at
Quinn Emanuel Urquhart & Sullivan who are charging $3,000 an
hour.
Court filings in a $34 million fee fight between Quinn
Emanuel and former client Desktop Metal showed that Michael
Carlinsky, co-managing partner of the firm, is also charging the
$3,000 hourly rate.
Carlinsky said in an email he is "honored to be in the same
club, so to speak, as Spiro and Burck. Two fine lawyers."
Reuters first reported Burck and Spiro's sky-high billing
rates in February. Susman Godfrey also has a pair of veteran
litigators - Neal Manne and Bill Carmody - who are charging that
much.
-- Williams & Connolly is charging a Minnesota school district a
flat rate of $300,000 to defend it in a student disability case
at the U.S. Supreme Court, according to information provided by
the district that also showed the firm's star appellate partner
Lisa Blatt normally charges $2,400 an hour.
The firm initially charged $45,000 for a brief urging the
justices not to take up the case, which tests the scope of the
law concerning students with disabilities. Firms commonly bill a
flat amount for litigation at the high court.
The court heard arguments last week from Blatt, representing
the school district, and Latham's Roman Martinez, who argued for
the parents of the student who filed the petition at the high
court.
Blatt and a spokesperson for the school district did not
immediately respond to a request for comment.
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