In Re Emerson Radio Shareholder Derivative Litigation, C.A. 3392-VCL (March 28, 2011)
Delaware lawyers are often asked to estimate what the Court of Chancery will award in fees following settlement or trial of a derivative action. Well this decision summarizes those fee awards:
10 - 15% for a fast settlement
15 - 25% for contesting motions and other pretrial work that leads to a settlement
25 - 33% for winning after trial
All these percentages apply to monetary settlements, but the Court also explains how to determine fees in cases involving non-monetary settlements.