* Ford's fight with plaintiffs' firm heats up again
* Quinn Emanuel fights disqualification order
* Latham contract shows US Supreme Court fees
By David Thomas and Mike Scarcella
WASHINGTON, Aug 6 (Reuters) - (Billable Hours is Reuters'
weekly report on lawyers and money. Please send tips or
suggestions to .)
Top U.S. appellate lawyer Neal Katyal is set to square off
against Ford Motor Company ( F ) and his former law firm in a fight
over $100 million in allegedly fabricated attorney billing
records.
Ford is trying to revive a lawsuit it filed against attorneys
from Los Angeles-based Knight Law Group who allegedly defrauded
the automaker in a years-long overbilling scheme. Ford brought
on Hogan Lovells Cadwalader - Katyal's longtime firm before the
star litigator joined Milbank last year - to press its case at
the 9th U.S. Circuit Court of Appeals.
Leading the Hogan Lovells team for Ford, which filed its opening
brief on Monday, is Jessica Ellsworth, who has represented
Google in litigation over its Play store and Danco Laboratories
in cases surrounding its abortion drug mifepristone.
Katyal, a former acting U.S. solicitor general under Democratic
President Barack Obama, began defending Knight Law Group last
year, joining a defense lineup that includes Foley & Lardner,
Pillsbury Winthrop Shaw Pittman and Williams & Connolly. Katyal
said he is planning to lead the appeal.
Ford alleges the Knight firm defrauded carmakers by
submitting false and inflated fee applications and demands under
California's Lemon Law, the Song-Beverly Consumer Warranty Act,
which lets lawyers collect legal fees based on reasonably
incurred time spent representing vehicle owners.
The company's lawsuit said there were "numerous" alleged
instances of lawyers billing more than 24 hours in a day. One
Knight partner billed for more than 57 hours of work on one day,
the carmaker alleged.
A federal judge dismissed Ford's case in November and again in
March, finding that the lawyers were immune under a legal
doctrine known as Noerr-Pennington, which stems from the U.S.
Constitution's First Amendment protection of the right to
petition the government.
Ford argued in its appellate brief that Noerr-Pennington does
not apply to allegations of litigation fraud and perjury under
RICO.
Ford counsel Doug Lampe said in a statement that if the district
court ruling is allowed to stand, "it means that there is no
civil remedy when lawyers lie, cheat and steal as long as such
behavior is done in furtherance of litigation."
Katyal and other attorneys representing Knight Law attorneys
had no comment on Ford's appellate brief.
A spokesperson for Hogan Lovells Cadwalader declined to
comment. Lampe said in a statement that the automaker has a
long-term relationship with Hogan Lovells, which has represented
the company in dozens of appeals.
The Knight Law Group has argued that Ford's lawsuit is an
effort "to chill and punish its litigation adversaries - law
firms, lawyers, and staff who represent consumers harmed by
Ford's defective vehicles and fraudulent conduct."
The case is at least one of 20 such actions Ford and other major
companies have filed invoking civil RICO provisions against
lawyers in U.S. federal courts over the last two years. Civil
plaintiffs can have their damages tripled under RICO; Ford said
it was seeking more than $100 million.
--Quinn Emanuel fights disqualification in CoStar ( CSGP ) case
Quinn Emanuel is appealing a federal judge's order that
disqualified the law firm from representing data provider
Commercial Real Estate Exchange (CREXi) in a sprawling
copyright and antitrust case in California.
Quinn, in a petition to the San Francisco-based 9th U.S. Circuit
Court of Appeals, said its prior work for commercial real estate
data provider CoStar ( CSGP ) was unrelated to its current representation
of CREXi. The firm was defending CREXi against copyright claims
lodged by CoStar ( CSGP ) while pursuing antitrust counterclaimsagainst
the rival. CoStar ( CSGP ) accuses CREXi of deliberately copying tens of
thousands of CoStar ( CSGP ) photos of real estate properties. CREXi
claims CoStar ( CSGP ) has locked brokers into using its data platforms.
Both companies have denied any wrongdoing. Quinn Emanuel
declined to comment.
The firm's legal team, including litigator Alex Spiro, told
the appeals court that no client confidences were at risk in the
case and that California law does not impose automatic firm-wide
disqualification when a law firm is adverse to a former client
in a case that isn't substantially related. "CREXi will suffer
irreversible prejudice should it be deprived of its chosen trial
counsel," the firm argued.
--Latham lands US Supreme Court contract for California city
Law firm Latham & Watkins could earn up to $700,000 for
representing the City of Santa Maria, California, in a case at
the U.S. Supreme Court, according to contract records reviewed
by Reuters.
Latham's team, led by former U.S. solicitor general Gregory
Garre, will charge $250,000 to try to convince the justices to
take the city's case. The city in its petition, filed last
month, asked the court to revive its bid to defeat a police
excessive force lawsuit. A federal appeals court earlier allowed
the case to move forward.
Latham said its fee would grow to up to $700,000 if the
justices agree to take up the dispute on the merits. The firm
said that, in general, its lawyers currently charge between $945
and $3,050 an hour.
Local and state governments often hire outside lawyers to
handle appellate work, and it's common for firms to provide
public clients a discount. Latham did not immediately respond to
a request for comment about its fees for Santa Maria.
Also on Billable Hours' radar this week...
--Reuters columnist Sara Randazzo digs into office romance
policies at major law firms after a kiss between two Wachtell
attorneys went viral online.
--President Donald Trump's legal team at DLA Piper is fighting a
bid for thousands of dollars in legal fees from groups that
challenged his since-dismissed lawsuit against the IRS.
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