UNFAIR PRACTICE PROCEDURES; COMPLIANCE – In General
Single Topic for Decision 2749E
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1108.01000 – In General
In general, the most appropriate methodology for determining compensatory legal expenses will be a lodestar approach that focuses on hours reasonably incurred and does not automatically reduce hourly market rates for attorneys who work in a nonprofit, government agency, or in-house legal department and/or who were paid a flat salary, charged discounted rates, or never billed their client. It is permissible, but not required, to use alternative methods as a cross-check on one another to determine an appropriate fee as part of a make-whole remedy. Moreover, it is appropriate to reimburse any incidental costs, as well as pre-judgment and post-judgment interest on all amounts.