RES-2022-168 - Laserfiche WebLink

Home Browse Search

H. MOU shall be overseen by the MDL Fee Panel (David R. Cohen, Randi S Ellis and Hon. David R. Herndon (ret.)). The Fee Panel will preside over allocation and disbursement of attorney's fees in a manner consistent with the Motion to Appoint the Fee Panel to Allocate and Disburse Attornelt's Fees Providedfor in State Back-Stop Agreements and the Order Appointing the Fee Panel to Allocate und Disburse Attorney's Fees Providedfor in State Back-Stop Agreements, Case No. 1:17-md-02804- DAP Doc #:4543 (June 17, 2022). The GFF set forth in the MOU shall be funded by the LG Share of the Washington Abatement Amount only. To the extent the common benefit tax is not already payable by the Settling Distributors as contemplated by Section D.8 of the MOU, the GFF shall be used to pay Litigating Local Govemment contingency fee agreements and any common benefit tax refered to in Section D of the MOU, which shall be paid on a pro rata basis to eligible law firms as determined by the Fee Panel. To fund the GFF, fifteen percent (15%) of the LG Share shall be deposited in the GFF from each LG Share settlement payment until the Litigating Subdivisions contingency fee agreements and common benefit tax (if any) referred to in Section D of the MOU are satisfied. Under no circumstances will any Non-Litigating Primary Subdivision_or Litigating Local Govemment be required to contribute to the GFF more than 15% of the portion of the LG Share allocated to such Non-Litigating Prirnary Subdivision or Litigating Local Government. In addition, under no circumstances will any portion of the LG Share allocated to a Litigating Local Government be used to pay the contingency fees or litigation expenses of counsel for some other LitigatingLocal Government. The maximum amount of any Litigating Local Government contingency fee agreement (from the Contingency Fee Fund pursuant to Section II. D in Exhibit R the Global Settlernent) payable to a law firm permitted for compensation shall be fifteen percent (I5%) of the portion of the LG Share paid to the Litigating Local Government that retained that firm (i.e., if City X filed suit with outside counsel on a contingency fee contract and City X receives $1,000,000 from the Distributors Settlement, then the maximum that the firm can receive is $150,000 for fees.) The firms also shall be paid documented expenses due under their contingency fee agreements that have been paid by the law firm attributable to that Litigating Local Government. Consistent with the Distributors Settlement and Exhibit R of the Global Settlement, amounts due to Participating Litigating Subdivisions' attorneys under this Allocation Agreement shall not impact (i) costs paid by the subdivisions to their affomeys pursuant to a State Back-Stop agreement, (ii) fees paid to subdivision attorneys from the Common Benefit Fund for common benefit work performed by the attomeys pursuant to Section II.C of Exhibit R of the Global Settlement, or (iii) costs paid to subdivision attorneys from the MDL Expense Fund I. J 5