Tags: dell | legal fee | 267 million

Court Upholds Blockbuster Dell $267M Legal Fee Award

Court Upholds Blockbuster Dell $267M Legal Fee Award
(AP)

Wednesday, 14 August 2024 03:22 PM EDT

Five law firms should receive $267 million in legal fees for obtaining a $1 billion settlement for shareholders of Dell Technologies, the Delaware Supreme Court ruled on Wednesday, rejecting arguments that the payment was a windfall.

The fee is one of the largest ever for U.S. shareholder litigation.

A Delaware trial court is weighing two other requests for huge legal fees, both in cases involving Tesla.

Plaintiffs in the Dell case alleged that they and other shareholders were short-changed in a controversial $23.9 billion transaction in 2018 that marked Dell's return as a publicly traded company.

The settlement was announced in November 2022, averting a trial scheduled to begin the next month.

Last year, a Court of Chancery judge awarded the $267 million fee to the five law firms that brought the lawsuit, including Labaton Keller Sucharow and Quinn Emanuel Urquhart & Sullivan, finding it in line with Delaware legal precedent.

But a group of large investors led by Pentwater Capital Management asked Delaware's top court to reduce the fee and base it on a model used in federal courts.

As settlements of federal securities litigation grow in size, the percentage awarded in attorney's fees generally declines.

In the 10 largest federal securities cases, lawyers collected on average less than 10% of the recoveries as fees, compared with 27% in the Dell case, according to Pentwater.

Delaware courts have focused on providing incentives to plaintiffs' lawyers to litigate cases rather than accept quick settlements. That can lead to larger fees, particularly in cases like Dell that settled shortly before trial.

The fee in the Dell case is the second largest in Delaware and would rank fifth largest in federal securities litigation, according to data from Stanford Law School cited in Pentwater's court filings.

Delaware is the legal home to a majority of U.S. publicly traded companies.

This in part reflects the predictability of its court system, which relies on specialized judges instead of juries in shareholder litigation, but the courts' approach to legal fees has been a point of contention for business groups.

Tesla is fighting fee requests related to a settlement of claims that its directors were overpaid, and in a case over CEO Elon Musk's $56 billion pay package.

Lawyers in the directors case are seeking $230 million in fees. In the Musk pay case, lawyers are seeking an unusual fee in the form of 29 million Tesla shares -- worth about $7.8 billion when Tesla shares hit a recent peak in July.

The judge in the Tesla cases, Chancellor Kathaleen McCormick, has not said when she will rule.

The shareholder law firms in the Dell case are Labaton Keller Sucharow, Quinn Emanuel Urquhart & Sullivan, Friedman Oster & Tejtel, Andrews & Springer, Robbins Geller Rudman & Dowd. The defendants were represented by nine law firms.

© 2024 Thomson/Reuters. All rights reserved.


StreetTalk
Five law firms should receive $267 million in legal fees for obtaining a $1 billion settlement for shareholders of Dell Technologies, the Delaware Supreme Court ruled on Wednesday, rejecting arguments that the payment was a windfall.
dell, legal fee, 267 million
468
2024-22-14
Wednesday, 14 August 2024 03:22 PM
Newsmax Media, Inc.

Sign up for Newsmax’s Daily Newsletter

Receive breaking news and original analysis - sent right to your inbox.

(Optional for Local News)
Privacy: We never share your email address.
Join the Newsmax Community
Read and Post Comments
Please review Community Guidelines before posting a comment.
 
Get Newsmax Text Alerts
TOP

Newsmax, Moneynews, Newsmax Health, and Independent. American. are registered trademarks of Newsmax Media, Inc. Newsmax TV, and Newsmax World are trademarks of Newsmax Media, Inc.

NEWSMAX.COM
MONEYNEWS.COM
© Newsmax Media, Inc.
All Rights Reserved
NEWSMAX.COM
MONEYNEWS.COM
© Newsmax Media, Inc.
All Rights Reserved