A recent Texas Lawyer story, “Dallas Federal Judge Halves Big Firm’s Fee Awards” reports that Software company ARGO Data Resource got all of what they wanted from David Harper and his team of Haynes and Boone lawyers after they convinced U.S. District Judge Jane Boyle to dismiss a theft of trade secrets case.  Boyle even ruled the defense lawyers deserved a fee award for booting the plaintiff's case.

But Harper and his fellow lawyers only got half of what they wanted from Boyle in fees.  She cut their $1.2 million request down $600,000 in a recent order in Spear Marketing Inc. v BancorpSouth Bank.

Boyle found that the defense lawyers deserved compensation under the fee-shifting provisions found in both the Texas Theft Liability Act and the U.S. Copyright Act for defeating the plaintiff's claims.  And while she found the Haynes and Boone lawyers properly documented their work for ARGO, Boyle ruled that the firm's $600 hourly rate charged by some partners was "unreasonably inflated."  She also noted that other Northern District of Texas courts have found that rates in the range of $100 to $400 were more reasonable for the work done in the case.

"She cut it pretty dang good," Harper said of the fee request, noting that federal judges have broad discretion in making attorney fee determinations.

Boyle also halved the fees requested by co-defendants in the case represented by Andrews Kurth from a requested $700,000 down to $325,000, according to her Jan. 14 order.

"For us, the message to it sent to a plaintiff is look, if you bring a bad claim, fees will be awarded.  It may not be as bad as you think, but fees will be awarded," Harper said.  "We think we should have gotten what we asked for, but we're pleased that a substantial amount was awarded."