Tobacco Documents Online

CRS-13 fees plus a reasonable multiplier. In such an event, the state will not settle the case unless the defendants agree to pay said amounts. Washington Compensation shall be contingent upon recovery and collection of damages. If there is a recovery and collection of damages or penalties for the state, the amount of compensation to the Special Assistants will be as follows: (a) 25% of all amounts recovered from any source for the first $20 million; (b) 20% of all amounts recovered from any source for the next $20 million; (c) 10% of all amounts recovered for the next $60 million; (d) 3% of all amounts recovered above $100 million. 10% of the total fees paid to the Luvera law firm will be contributed to a specified charity. Reimbursement by the state for any costs advanced by the Special Assistants is subject to recoveries or court awarded costs in the lawsuit or legislative appropriation. In the event there is no receipt of penalties, damages or court awarded attorney fees, the Attorney General will seek a legislative appropriation to reimburse such costs. In the event the resolution of the tobacco litigation involves the provision of goods, services or other "in-kind" payment, the state will seek compensation for the Special Assistants equal to the prevailing hourly rate and expenses that they would have been entitled to otherwise. If such compensation does not materialize, the Attorney General will petition the legislature to appropriate funds to reasonably compensate the Special Assistants for both fees and expenses. West Virginia The Special Assistants have agreed to litigate this case pro bono. Wisconsin The Special Assistants shall receive a contingency fee of 10% for monies recovered by the state plus reasonable disbursements, if recovered by settlement or judgment entered into within 180 days of the commencement of litigation. If a settlement or judgment is entered into between 180 and 360 days the contingency fee is 15%. Thereafter, the contingency fee is 20%. If the Governor finds that such a payment would be unreasonable, he may apply to the court to modify the amount of compensation due the Special Assistants.

CRS-8 Notwithstanding the above, the state shall pay no higher rate of compensation than is paid by any other co-plaintiff that the Special Assistants represent in the tobacco litigation. Mississippi Mississippi does not have a fee agreement with its Special Assistants. The state appears to be relying on its claim for reasonable attorneys fees and costs of the tobacco litigation, as set forth in its complaint. Missouri The state does not have Special Assistants at this time. Montana Compensation shall be contingent upon recovery and collection of damages or monetary penalties, whether by settlement or judgment. Compensation will be as follows: (a) if the tobacco litigation is resolved in a global settlement within the first 90 days of retaining the Special Assistants, their fee is based on an hourly rate or a flat fee of $100,000, whichever is greater; (b) 10% of any recovery obtained, because of any judgments entered and any settlement substantially completed (whether through federal legislation or in any other manner) after the 90 day period, but during 365 days of retaining the Special Assistants; (c) 12% of any recovery obtained, because of any judgments entered and any settlement substantially completed (whether through federal legislation or in any other manner) after 365 days of retaining the Special Assistants but before trial; and (d) 15% of any recovery obtained, because of any judgments entered and any settlement substantially completed (whether through federal legislation or in any other manner) after trial begins. The state reserves the right to petition the court before payment to determine the reasonableness of attorney fees outlined in the fee agreement. If as a result of a global settlement a separate pool for attorneys fees is created, the Special Assistants shall be paid solely out of that pool. Reimbursement by the state for any costs advanced is subject to recoveries or court awarded costs in the lawsuit. However, in the event there are no recoveries or court awarded costs, the Attorney General will seek a legislative appropriation to reimburse such costs. In the event that the litigation is resolved by settlement involving only injunctive relief, nonmonetary payment, the provision of goods and services, or any other "in-kind" terms, the Special Assistants will receive costs and hourly fees plus a reasonable multiplier. In such an event, the state will not settle the case unless the defendants agree to pay said amounts. Nevada The state shall pay the Special Assistants on a contingency fee basis provided that the state realizes a recovery. Upon recovery, the state shall pay the following: (a) if the tobacco litigation is resolved in a global settlement within the first 90 days after approval of the agreement retaining the Special Assistants, the fee is based on an hourly rate or a flat fee of $100,000, whichever

CRS-9 is greater; (b) 10% of any recovery obtained, because of any judgments entered and any settlement substantially completed (whether through federal legislation or in any other manner) after the 90 day period, but during 365 days of retaining the Special Assistants; (c) 12% of any recovery obtained, because of any judgments entered and any settlement substantially completed (whether through federal legislation or in any other manner) after 365 days of retaining the Special Assistants but before trial; and (d) 15% of any recovery obtained, because of any judgments entered and any settlement substantially completed (whether through federal legislation or in any other manner) after trial begins. Regardless of the outcome of the case, the state shall be liable for reasonable expenses and disbursements of the litigation. However, the Special Attorney must apply to the court for the recovery of all costs and expenses. New Hampshire The state has not provided any information regarding Special Assistants. New Jersey The state has not provided any information regarding Special Assistants. New Mexico Upon the successful recovery of damages, the Attorney General agrees that the Special Assistants shall be entitled to petition the court for reasonable fees, costs and expenses to be awarded to the Special Assistants. The Special Assistants shall be reimbursed for their costs and expenses as provided for under the New Mexico Rules of Professional Conduct. If there is federal legislation that resolves the litigation in whole or in part and a legislative appropriation or authorization of funds to cover fees, costs and expenses for the litigation, the Special Assistants shall petition the court for the recovery of fees, costs and expenses for whatever part of the litigation that has been resolved by such legislation. New York The fee agreement is pending approval. Ohio Fees shall not be paid to the Special Assistants unless a recovery is awarded and collected by the state. The Special Assistants shall be paid as follows: (a) from April 28, 1997 to August 1, 1997, the Special Assistants shall be paid the greater amount of $150,000 or $95 per hour; (b) after August 1, 1997, the Special Assistants shall be paid 10% of any amount recovered; (c) from April 28, 1997 until December 31, 1997, and if the Attorney General on or before August 1, 1997, declares in writing that a settlement in principal has been achieved, the Special Assistants shall be paid the greater of $1 million or $200 per hour. If by December 31, 1997, no settlement has been executed or ratified the Special Assistants shall be paid 10% of any amount recovered. If the Attorney General, after issuing the above written statement of settlement, requests the Special Assistants to continue to prosecute the tobacco litigation, then the Special

CRS-10 Assistants shall be paid 10% of any amount recovered. The state reserves the right to petition the court before any payment to the Special Assistants to determine the reasonableness of the fees and costs. In the event that the litigation is resolved by settlement involving only injunctive relief, nonmonetary payment, the provision of goods and services, or any other "in-kind" terms, the Special Assistants shall receive costs and an hourly fee for legal services provided, plus a reasonable multiplier. Expenses incurred in the performance of the Special Assistants duties are only reimbursable pursuant to terms specified by the parties. Oklahoma The Special Assistants shall receive a 15% contingency fee of the amount recovered as a result of the tobacco litigation. If the state agrees to accept an "in-kind" settlement, then it shall negotiate a mutually agreeable lawful settlement of attorneys fees and expenses. All costs advanced by the Special Assistants shall be deducted from any recovery by the state and payable to the Special Assistants in addition to the above compensation. If no recovery is made, neither the state nor the Attorney General owes anything for costs, expenses or attorneys fees. Oregon The state has not provided any information regarding Special Assistants. Pennsylvania The Special Assistants shall be compensated from the proceeds of any recovery in the tobacco litigation as follows: (a) In the event the state receives a recovery in the litigation more than 2 years after the date on which the Complaint is filed, the fee shall be as follows: (a) 20% of the first $100 million recovered; (b) 15% from a recovery of $100 million to $400 million; (c) 10% from a recovery of $400 million to $500 million; and (d) no additional fee based on a recovery in excess of $500 million. (b) In the event the state receives a recovery in the litigation more than 1 year but within 2 years after the date on which the Complaint was filed, the fee shall be as follows: (a) 20% of the recovery up to $100 million; (b) 15% from a recovery of $100 million to $300 million; and (c) no additional fee based on a recovery in excess of $300 million. (c) In the event the state receives a recovery in the litigation more than 6 months but within 1 year after the date on which the Complaint was filed, the fee shall be as follows: (a) 20% of the recovery up to $100 million; (b) 10% from a recovery of $100 million to $150 million; and (c) no additional fee based on a recovery in excess of $150 million.

CRS-12 The repayment of costs to the Special Assistants is contingent upon a recovery being obtained. If no recovery is made, the state owes nothing for costs. Utah The state agrees to pay the Special Assistants a contingent fee of 25% of the gross amount recovered or received, whether by compromise, settlement, judgment, or otherwise. If no recovery is received, the state will owe no fees. In the event that recovery is limited to injunctive or nominal damages, and attorney fees are awarded, the Special Assistants are entitled to retain the attorneys fees to the extent the award is based on the services provided by them. The repayment of costs to the Special Assistants is contingent upon a recovery being obtained. Vermont Compensation shall be contingent upon recovery and collection of damages or monetary penalties, whether by settlement or judgment. Compensation will be as follows: (a) if the tobacco litigation is resolved in a global settlement within the first 180 days of retaining the Special Assistants, their fee will be a flat fee of $100,000, which shall constitute payment in full for all fees and costs; (b) if the tobacco litigation is resolved in a global settlement within the first 180 days of retaining the Special Assistants, and between the 90th and 180th day the tobacco litigation is actively litigated by the Special Assistants, their fee will be a flat fee of $200,000, which shall constitute payment in full for all fees and costs; (c) 10% of any recovery obtained, because of any judgments entered and any settlement substantially completed (whether through federal legislation or in any other manner) during the first 365 days after the expiration of the 180 day period; (d) 12% of any recovery obtained, because of any judgments entered and any settlement substantially completed (whether through federal legislation or in any other manner) after the 365 day period, above, but before trial; and (e) 15% of any recovery obtained, because of any judgments entered and any settlement substantially completed (whether through federal legislation or in any other manner) after trial begins. The state reserves the right to petition the court before payment to determine the reasonableness of attorney fees outlined in the fee agreement. If as a result of a global settlement a separate pool for attorneys fees is created, the Special Assistants shall, at the option of the Attorney General, be paid solely out of that pool. Reimbursement for any reasonable costs advanced by the Special Assistants is: (1) contingent upon receipt of damages or other monetary relief; and (2) subject to preapproval as to reasonableness by the Attorney General. However, in the event there is no receipt of damages or other monetary relief the Attorney General will seek a legislative appropriation to reimburse such reasonable costs. In the event that the litigation is resolved by settlement involving only injunctive relief, nonmonetary payment, the provision of goods and services, or any other "in-kind" terms, the Special Assistants will receive costs and hourly

CRS-11 (d) In the event the state receives a recovery in the litigation within 6 months after the date on which the Complaint was filed, the fee shall be as follows: (a) 20% of the recovery up to $50 million; and (b) no additional fee based on a recovery in excess of $50 million. (e)In the event the state receives a recovery from a settlement concluded within 1 year after the date on which the Complaint was filed, the Special Assistants shall be paid the lesser of the contingent fee payable pursuant to (c) and (d) or a fee based on time spent on the litigation and reported to the Attorney General pursuant to a rate specified in the fee agreement. The Attorney General shall agree to no settlement of the litigation that provides only for non-monetary relief unless the settlement also provides reasonably for the compensation of the Special Assistants by the defendants to the litigation. The Special Assistants shall be reimbursed for all reasonable, actual, or ordinary and necessary direct nonlabor costs incurred in the litigation. Reimbursement is subject to the state receiving a recovery from which such reimbursement may be made. Puerto Rico The state has not provided any information regarding Special Assistants. Rhode Island The state does not have Special Assistants at this time. South Carolina The state agrees to pay the Special Assistants a contingent fee which is to be set by the court and which, in no instance shall exceed 25% of the gross amount recovered or received, whether by compromise, settlement, judgment, or otherwise or whether or not statutory ratification is required. However, if the litigation is settled within 90 days of the date on which the Special Assistants were retained, the court set fee may not exceed 15% of the gross amount. The Special Assistants shall be reimbursed for court costs and expenses of litigation if the state receives a recovery. South Dakota The state has not reached an agreement with its Special Assistants at this time. Texas The Special Assistants shall be paid a contingency fee of 15% of the total recovery to the state. If the state agrees to accept an "in-kind" settlement, then the state shall negotiate a mutually agreeable settlement of attorneys fees and expenses.