Intellectual Property Law

Reasonable Attorney Rates and Hours In New York

By Marty Schwimmer

Plaintiff prevailed by default in a trademark infringement case in the Southern District.  It sought attorneys'  fees .  The Court considered the reasonableness of the hourly rate for the timekeepers involved and the number of hours they expended.

$657/hour was 'well withn the range of rates for law firm partners with significant IP law experiencein the New York City area", as was $459/hr for a new partner, $400/hr for a senior associate, and $391 and $355 for 'other associates.'

Plaintiff didn't meet its burden of proof that $175 was a reasonable for a 'clerk' (no evidence as to the clerks' backgrounds) so $99 hour was found to be the reasonble rate.

However, 7.6 hours for a demand letter and15.25 hours for researching and drafting proposed findingss of fact were found to be excessive (the findings of fact were very similar in part to the previously drafted complaint).  Accordingly there was an across the board cut of 15% on all time.

Full post as published by Trademark Blog on January 13, 2011 (boomark / email).