9th Circ. OKs Facebook Class's $98M Fee Win In Privacy Fight

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By Dorothy Atkins (March 17, 2022, 10:12 PM EDT) — The Ninth Circuit on Thursday affirmed class counsel’s $97.5 million fee award for striking a $650 million deal that resolves claims Facebook’s facial recognition technology violated Illinois users’ biometric privacy rights, rejecting objectors’ arguments that the award is “outrageous” and the trial judge abused his discretion in awarding it.

In a five-page unpublished opinion, a unanimous three-judge panel held that U.S. District Judge James Donato did not breach his fiduciary duty to the class by awarding class counsel 15% of the total $650 million settlement in fees.

Objectors’ counsel had argued that the fees were too high and inappropriate because class counsel…

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