Also Indicates That Defense Counsel Billings Will Not Remain Sealed Forever.
In Gutierrez v. Wells Fargo Bank, N.A., Case No. 07-05923 WHA (N.D. Cal.), U.S. District Judge William Alsup recently ruled on March 27, 2015 that class counsel in the Wells Fargo overdraft class action—who won a $203 million restitutionary judgment—must support their $51 million fee request with more than “subjective evidence.” (Class counsel was seeking $45.84 million from the restitutionary judgment, with the other $4.9 million coming from Wells Fargo directly.) He also told defense counsel, Covington & Burling, LLP, that its billings—which were apparently submitted under seal—would not stay that way forever. The district judge apparently believes that defense work is probative on the reasonableness of the fee being sought by class counsel.