E.D. New York cuts fee award 49.4%, including for clerical work

What happened

Latham & Watkins, counsel for the fee applicant, requested $597,553 in fees under a contract fee clause. Judge Margo K. Brodie awarded $302,547.60, a reduction of $295,005.40. The court reduced the hourly rate for paralegal Kim and the Litigation Support Team, accounting for $93,307 of the cut. It then applied a 40% reduction to the total fee for excessive hours, billing at attorney rates for paralegal tasks, block billing, and billing for clerical tasks.

What the court said

the Court will not compensate Temu for billing associated with these clerical or administrative tasks

In addition, the Court notes several instances of block billing.

The court also reduced the award for: hourly rate reduced, excessive hours, other.

Why it matters

The ruling shows that courts will adjust both rates and hours on a fee petition. It confirms that clerical and administrative tasks are not compensable, that block billing can support a percentage cut, and that work billed at attorney rates for paralegal tasks may be reduced.

How to keep this out of your fee petition

• Leave purely clerical work off the fee petition.
• Describe paralegal tasks so the substantive work is clear.
• Split mixed entries into their substantive and clerical parts.

Cite this ruling

See hourly rates the E.D. New York approves and attorney fee motions in New York federal courts.

Figures and quotes are taken from the opinion and checked against its text. Spot an error? Email team@legaltime.ai with the case name and we will correct it. Summaries of public court opinions. Not legal advice.