11th Circuit: Home Depot Data Breach Fee Agreement Was Fee-Shifting Contract

Mealey's (July 26, 2019, 1:19 PM EDT) -- ATLANTA — An attorney fee arrangement in a data breach class settlement between Home Depot and Home Depot U.S.A. Inc. (collectively, Home Depot) and a group of financial institutions (FI) where attorney fees would be paid separately from the class fund was a fee-shifting contract and so the trial court abused its discretion when it used a multiplier to account for risk, an 11th Circuit U.S. Court of Appeals panel ruled July 25, partially affirming and partially vacating a $15.3 million award (In Re:  The Home Depot Inc., Customer Data Security Breach Litigation [Northeastern Engineers Federal Credit Union, et al. v. Home Depot, Inc., et al.], No. 17-14741, 11th Cir., 2019 U.S. App. LEXIS 22167)....