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Cohen Milstein, Keller Rohrback eye fees in Coinbase case
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Debevoise adds non-equity partner tier
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Elon Musk fails to stop class action firm from hiring
ex-SEC
lawyer
By David Thomas, Mike Scarcella and Sara Merken
June 12 (Reuters) - (Billable Hours is Reuters' weekly
report on lawyers and money. Please send tips or suggestions to
Law firms Cohen Milstein and Keller Rohrback stand to
receive up to a quarter of any settlement or judgment resulting
from a lawsuit Oregon brought against cryptocurrency exchange
Coinbase, according to their contract with the state.
Oregon hired the class action firms and sued Coinbase in
April, alleging that the crypto exchange has been profiting off
the sale of high-risk and unregistered securities to its
residents in violation of state law.
The state is seeking a fine of $20,000 per violation of its
securities law, as well as an unspecified amount of damages and
the disgorgement of Coinbase's profits from Oregon residents.
Coinbase has denied wrongdoing, saying the lawsuit "threatens
to mire a multi-trillion-dollar industry in a patchwork,
state-by-state regulatory framework."
Ryan VanGrack, vice president of legal at Coinbase, said in
an interview that Oregon Attorney General Dan Rayfield wants to
create "a moat around Oregon that's only going to benefit the
law firms that support him."
Lawyers at Keller Rohrback and Cohen Milstein did not
immediately respond to requests for comment. A spokesperson for
Rayfield's office did not respond to a request for comment
regarding Coinbase's criticisms.
It is not uncommon for states to bring in private law firms
for complex litigation, with payment often contingent on a
successful outcome.
According to a copy of the Oregon contract Reuters obtained
through a records request, Seattle-founded Keller Rohrback and
Washington, D.C.-founded Cohen Milstein would receive any
attorney fees paid by Coinbase in a settlement or court order,
or a percentage of the state's recovery, whichever is greater.
The firms would receive 15% of the recovery if Oregon and
Coinbase settle the litigation before the crypto exchange files
a motion to dismiss. At most, they can receive 25% of the
recovery if the case is resolved any time after a jury has been
impaneled.
The contract does not say how the two firms will divide
their potential fee award. A spokesperson for Rayfield's office
said such details are up to the firms.
Oregon's lawsuit against Coinbase was filed two months after
the U.S. Securities and Exchange Commission under Republican
President Donald Trump dropped a similar lawsuit against the
cryptocurrency exchange. The SEC had accused Coinbase of
arranging trading in at least 13 unregistered tokens.
--Debevoise & Plimpton has created a category of non-equity
partners for the first time, becoming the latest major U.S. law
firm to abandon the traditional single-tier structure in which
all partners have an ownership stake in the firm.
The New York-founded firm confirmed the change to Reuters
this week, without providing additional details. Debevoise,
which has more than 900 lawyers, also voted to keep a "lockstep"
compensation system, the firm confirmed.
Rivals such as Cleary Gottlieb, Paul Weiss and WilmerHale
added non-equity or income partner tiers last year, leaving a
small number of major U.S. firms with single-tier partnerships.
A few of those firms, including Skadden Arps and Ropes & Gray,
are reportedly considering changes.
Many U.S. law firms internally designate some partners as
non-equity or income partners. The move can help retain and
attract lawyers with the clout and higher compensation
associated with the partner title while potentially increasing
profits for equity partners.
Non-equity partners may be promoted from a firm's associate
ranks or hired externally, and they typically earn less than
full equity partners, whose compensation is tied directly to
firm profits.
--Two companies that provide car rental services are
objecting to a request from law firms Cotchett Pitre, Robins
Kaplan and Susman Godfrey for an additional $94 million in legal
fees for their work on automotive antitrust settlements valued
at more than $1.22 billion.
The new fee request covers legal work since 2019 on the
case, which accused auto parts makers of conspiring to fix
prices on a large number of products. The requested amount would
push the firms' total awards to $363 million.
The objectors, represented by the Hamilton Lincoln Law
Institute's Center for Class Action Fairness, said the
plaintiffs' new request improperly seeks fees from prior rounds
of the litigation. The challengers said earlier fee awards
should not be considered "partial." Lead attorneys for the class
did not immediately respond to a request for comment.
--Billionaire Elon Musk failed to block a plaintiffs' law
firm from hiring a former U.S. Securities and Exchange
Commission lawyer who oversaw the agency's lawsuit targeting
Musk's 2022 investment disclosure in Twitter.
U.S. Magistrate Judge Gabriel Gorenstein last week approved
New York-based Bernstein Litowitz Berger & Grossmann's proposal
to complete its hire of Jorge Tenreiro but wall him off
completely from the firm's lawsuit against Musk on behalf of an
Oklahoma firefighters pension fund.
In addition to being prohibited from working on the case,
Tenreiro would not receive any fee the firm earns, Bernstein
Litowitz said in its proposal.
Bernstein Litowitz did not immediately respond to a request
for comment, nor did Musk's lawyers at Quinn Emanuel Urquhart &
Sullivan.
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