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Best Practices In Building Contingency Fee Practices

By Philip Iovieno
October 01, 2023

There are two major factors motivating firms to move in the direction of more risk sharing and more contingency work. The first is client-driven. The first antitrust opt-out litigation that I worked on was in 2007 involving price-fixing of LCD screens. If you looked at the companies that opted out of the class in 2007, it was a small group.

Over the last 10 years, you've seen an acceleration of the trend of companies opting out of such matters, and more generally companies being much more comfortable being on the plaintiff's side of the "v" if they feel like their company has been harmed by some sort of wrongful conduct.

For example, in the group of three separate price-fixing cases relating to chicken, pork and beef — among the most active current antitrust matters — law firms are seeing more and more large companies from their client base, often clients who are typically on the defense side, opting out to pursue their claims.

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