PROVIDING EXPERT DECLARATIONS CONCERNING FEE PETITIONS
Attorneys petitioning courts for fees in class action and other types of fee-generating cases often bolster their fee request with a the declaration of an expert witness and opposing parties (defendants, objectors, competing plaintiffs’ counsel) will often respond with supporting expert declarations. Professor Rubenstein has provided such declarations in many fee cases in the past few years. His expert opinions have been on subjects ranging from whether a court should employ a lodestar or percentage method to whether or not the specific hours worked in a particular case are justified. Often, Professor Rubenstein’s declaration will speak to a cutting-edge issue in fees law – such as how to calculate a common benefit award in an MDL aggregation or a percentage award in a reversionary fund situation – thus both assisting the judge in understanding new situations and lending expert support to the party’s position.