Factoring Risk Into Fixed-Fee Arrangements
We pick up on our conversation with J.Y. Miller and Joe Kilpatrick of Husch Blackwell about their fixed-fee approach as national coordinating counsel in mass torts cases to ask how they handle instances where there's not much of a track record, or where trial is a possibility.
January 09, 2024 at 07:30 AM
9 minute read
Yesterday J.Y. Miller and Joe Kilpatrick of Husch Blackwell discussed with us how their firm's move away from bonuses based on billable hours helped fuel the development of its Innovāt Alliance. The national toxic tort defense team with about 60 core members spread out around the country handles the majority of its assignments on a fixed-fee basis. While the model has been most often applied to cases with track records that are years long, such as asbestos litigation, Miller and Kilpatrick say what they've learned applies to cases where there are more unknowns and the possibility of a trial. This morning we dig into the portion of our conversation that dealt with how the firm accounts for risk in these assignments.
The following has been edited for length and clarity.
This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.
To view this content, please continue to their sites.
Not a Lexis Subscriber?
Subscribe Now
Not a Bloomberg Law Subscriber?
Subscribe Now
NOT FOR REPRINT
© 2025 ALM Global, LLC, All Rights Reserved. Request academic re-use from www.copyright.com. All other uses, submit a request to [email protected]. For more information visit Asset & Logo Licensing.
Related Stories
View AllYou Might Like
View AllThe Legwork Behind Building a Nationwide Fixed-Fee Practice
Will the Economic Crunch Give Alternative Fee Arrangements a Needed Nudge?
Law Firms Mentioned
Trending Stories
- 1'Digital Mindset': Hogan Lovells' New Global Managing Partner for Digitalization
- 2Silk Road Founder Ross Ulbricht Has New York Sentence Pardoned by Trump
- 3Settlement Allows Spouses of U.S. Citizens to Reopen Removal Proceedings
- 4CFPB Resolves Flurry of Enforcement Actions in Biden's Final Week
- 5Judge Orders SoCal Edison to Preserve Evidence Relating to Los Angeles Wildfires
Who Got The Work
J. Brugh Lower of Gibbons has entered an appearance for industrial equipment supplier Devco Corporation in a pending trademark infringement lawsuit. The suit, accusing the defendant of selling knock-off Graco products, was filed Dec. 18 in New Jersey District Court by Rivkin Radler on behalf of Graco Inc. and Graco Minnesota. The case, assigned to U.S. District Judge Zahid N. Quraishi, is 3:24-cv-11294, Graco Inc. et al v. Devco Corporation.
Who Got The Work
Rebecca Maller-Stein and Kent A. Yalowitz of Arnold & Porter Kaye Scholer have entered their appearances for Hanaco Venture Capital and its executives, Lior Prosor and David Frankel, in a pending securities lawsuit. The action, filed on Dec. 24 in New York Southern District Court by Zell, Aron & Co. on behalf of Goldeneye Advisors, accuses the defendants of negligently and fraudulently managing the plaintiff's $1 million investment. The case, assigned to U.S. District Judge Vernon S. Broderick, is 1:24-cv-09918, Goldeneye Advisors, LLC v. Hanaco Venture Capital, Ltd. et al.
Who Got The Work
Attorneys from A&O Shearman has stepped in as defense counsel for Toronto-Dominion Bank and other defendants in a pending securities class action. The suit, filed Dec. 11 in New York Southern District Court by Bleichmar Fonti & Auld, accuses the defendants of concealing the bank's 'pervasive' deficiencies in regards to its compliance with the Bank Secrecy Act and the quality of its anti-money laundering controls. The case, assigned to U.S. District Judge Arun Subramanian, is 1:24-cv-09445, Gonzalez v. The Toronto-Dominion Bank et al.
Who Got The Work
Crown Castle International, a Pennsylvania company providing shared communications infrastructure, has turned to Luke D. Wolf of Gordon Rees Scully Mansukhani to fend off a pending breach-of-contract lawsuit. The court action, filed Nov. 25 in Michigan Eastern District Court by Hooper Hathaway PC on behalf of The Town Residences LLC, accuses Crown Castle of failing to transfer approximately $30,000 in utility payments from T-Mobile in breach of a roof-top lease and assignment agreement. The case, assigned to U.S. District Judge Susan K. Declercq, is 2:24-cv-13131, The Town Residences LLC v. T-Mobile US, Inc. et al.
Who Got The Work
Wilfred P. Coronato and Daniel M. Schwartz of McCarter & English have stepped in as defense counsel to Electrolux Home Products Inc. in a pending product liability lawsuit. The court action, filed Nov. 26 in New York Eastern District Court by Poulos Lopiccolo PC and Nagel Rice LLP on behalf of David Stern, alleges that the defendant's refrigerators’ drawers and shelving repeatedly break and fall apart within months after purchase. The case, assigned to U.S. District Judge Joan M. Azrack, is 2:24-cv-08204, Stern v. Electrolux Home Products, Inc.
Featured Firms
Law Offices of Gary Martin Hays & Associates, P.C.
(470) 294-1674
Law Offices of Mark E. Salomone
(857) 444-6468
Smith & Hassler
(713) 739-1250