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MOU shall be overseen by the MDL Fee Panel (David R. Cohen, Randi S. <br /> Ellis and Hon. David R. Herndon (ret.)). The Fee Panel will preside over <br /> allocation and disbursement of attorney's fees in a manner consistent with <br /> the Motion to Appoint the Fee Panel to Allocate and Disburse Attorney's <br /> Fees Provided for in State Back-Stop Agreements and the Order <br /> Appointing the Fee Panel to Allocate and Disburse Attorney's Fees <br /> Provided for in State Back-Stop Agreements, Case No. 1:17-md-02804- <br /> DAP Doc#: 4543 (June 17, 2022). <br /> H. The GFF set forth in the MOU shall be funded by the LG Share of the <br /> Washington Abatement Amount only. To the extent the common benefit <br /> tax is not already payable by the Settling Distributors as contemplated by <br /> Section D.8 of the MOU,the GFF shall be used to pay Litigating Local <br /> Government contingency fee agreements and any common benefit tax <br /> referred to in Section D of the MOU,which shall be paid on a pro rata <br /> basis to eligible law firms as determined by the Fee Panel. <br /> To fund the GFF, fifteen percent(15%)of the LG Share shall be deposited <br /> in the GFF from each LG Share settlement payment until the Litigating <br /> Subdivisions contingency fee agreements and common benefit tax (if any) <br /> referred to in Section D of the MOU are satisfied. Under no circumstances <br /> will any Non-Litigating Primary Subdivision or Litigating Local <br /> Government be required to contribute to the GFF more than 15%of the <br /> portion of the LG Share allocated to such Non-Litigating Primary <br /> Subdivision or Litigating Local Government. In addition, under no <br /> circumstances will any portion of the LG Share allocated to a Litigating <br /> Local Government be used to pay the contingency fees or litigation <br /> expenses of counsel for some other Litigating Local Government. <br /> J. The maximum amount of any Litigating Local Government contingency <br /> fee agreement(from the Contingency Fee Fund pursuant to Section II. D <br /> in Exhibit R the Global Settlement)payable to a law firm permitted for <br /> compensation shall be fifteen percent(15%) of the portion of the LG <br /> Share paid to the Litigating Local Government that retained that firm(i.e., <br /> if City X filed suit with outside counsel on a contingency fee contract and <br /> City X receives $1,000,000 from the Distributors Settlement,then the <br /> maximum that the firm can receive is $150,000 for fees.) The firms also <br /> shall be paid documented expenses due under their contingency fee <br /> agreements that have been paid by the law firm attributable to that <br /> Litigating Local Government. Consistent with the Distributors Settlement <br /> and Exhibit R of the Global Settlement, amounts due to Participating <br /> Litigating Subdivisions' attorneys under this Allocation Agreement shall <br /> not impact(i) costs paid by the subdivisions to their attorneys pursuant to <br /> a State Back-Stop agreement, (ii) fees paid to subdivision attorneys from <br /> the Common Benefit Fund for common benefit work performed by the <br /> attorneys pursuant to Section II.0 of Exhibit R of the Global Settlement, <br /> or(iii)costs paid to subdivision attorneys from the MDL Expense Fund <br /> 5 <br />