Reasonableness Of Fees Request Will Be The Big Issue.
In Herring Networks, Inc. v. Rachel Maddow, et al., Case No. 3:19-cv-01713-BAS-AHG (S.D. Cal.), defendants won a SLAPP motion in a defamation case based on certain comments being protected opinions. Now, the defense—guided by Los Angeles-based Gibson Dunn— is seeking mandatory attorney’s fees of $323,965 and costs of $9,706.28 (355.5 hours of work), subject of course to the requirement that the district judge must determine what a reasonable award will be. There was a hybrid fee arrangement on the defense side, with $100,000 being paid upfront and a contingency divide on any back-end fee/costs award. In the fee motion, Gibson Dunn is requesting hourly fees as follows: $480 – paralegals; $740 – mid-level associate; $960 – senior associate; and $1,395 and $1,525 for partners (with the higher rate being for a well-known appellate specialist).