Prosecuting and Defending Fee-Shifting Claims: Supporting and Attacking the Fee Petition

Renée M. Dudek, Partner | Faegre Drinker Biddle & Reath LLP

Renée Dudek is a litigator and appellate lawyer who represents clients in commercial litigation and direct appeals in federal and state courts. She has first- and second-chaired trials, frequently argues critical motions, and regularly writes case-determinative briefs. Renée provides strategic and appeals-oriented advice throughout all stages of disputes, efficiently using discovery, pre-trial motions, and dispositive motions to maximize clients’ legal positions. She regularly assists with post-trial motions and works with trial teams on issue preservation for appeals. Renée also leads litigation regarding breach of contract and business torts, including quasi-contractual claims; allegations of fraudulent inducement and misrepresentation; fiduciary issues; and partnership disputes. In addition, she defends businesses against class and collective actions concerning privacy and consumer protection. Renée frequently represents clients in M&A-related litigation. Renée helps clients favorably resolve disputes stemming from mergers, acquisitions and other corporate transactions with regard to stock and asset purchase agreements; buyouts and buyups; breaches of representations and warranties; indemnification; transfers of liabilities; and other issues.

• Education & Credentials

Renée earned her J.D. summa cum laude from Rutgers School of Law, where she served on the Rutgers University Law Review (2017), and holds a B.A. from Hampshire College (2010). She is admitted to the bars of Delaware and Pennsylvania and to practice before the U.S. Courts of Appeals for the Third and Seventh Circuits and the U.S. District Courts for the District of Delaware and the Eastern District of Pennsylvania. She clerked for Hon. L. Felipe Restrepo of the U.S. Court of Appeals for the Third Circuit (2022) and Hon. Eduardo C. Robreno of the U.S. District Court for the Eastern District of Pennsylvania (2017–2018).

• Recognition & Leadership

Her honors include Faegre Drinker’s Pro Bono Award (2023), the firm’s Pro Bono Honor Roll every year from 2020 through 2025, the Outstanding Scholastic Achievement Award, and the Don F. D’Agui Award for Excellence in Torts.

• Professional Involvement

Renée maintains an active pro bono practice focused on federal civil rights litigation, including first-chairing a federal pro bono jury trial and co-authoring an amicus brief in a high-profile federal appeal supporting the result that ultimately prevailed. She contributes to the firm’s TCPA Blog and authored “A Counterproductive Constraint: How the Volcker Rule Undermines Its Purpose by Discouraging Hedging” for the Rutgers University Law Review Commentaries (May 2017).

• Experience

A former federal law clerk, Renée gives strategy- and appeals-minded advice at every stage of a dispute, from discovery through dispositive motions, post-trial motions, and issue preservation for appeal. She leads litigation over contract breaches and business torts — including fraudulent-inducement, fiduciary,
and partnership disputes — defends class and collective actions involving privacy and consumer protection, and regularly handles M&A-related litigation over purchase agreements, indemnification, and representations and warranties. Her appellate work includes defending on appeal the complete dismissal of claims against one of the world’s largest financial institutions and co-authoring amicus briefs to the United States Supreme Court, and her Delaware bar membership brings deep familiarity with Delaware courts, including the Court of Chancery.

William M. (Mike) Hensley, Counsel | FBT Gibbons LLP

William M. (Mike) Hensley is counsel at FBT Gibbons LLP in Santa Ana, California. A trial lawyer with close to 40 years of experience resolving disputes through trials, arbitrations, mediations, and appeals, he has argued before the U.S. Supreme Court as well as Southern California state and federal courts, and has appeared pro hac vice in federal and state courts across the country.

• Education & Credentials

Mike earned his J.D. from Rutgers University School of Law in 1979 and his B.A. in Speech Communication from the University of Southern California in 1976. He has been licensed to practice in California since 1979.

• Recognition & Leadership

Mike has been featured on the cover of Los Angeles Lawyer Magazine, the publication of the Los Angeles County Bar Association, and his work has been featured in the California Litigation Journal and Orange County Lawyer Magazine.

• Professional Involvement

Mike regularly lectures at bar association and continuing-education seminars on real estate, mechanics lien, and attorney fees issues. He is the principal author of the California Attorney’s Fees blog (calattorneysfees.com), a resource for practitioners, jurists, and the public on the law governing attorney fee and cost awards in California state and federal forums, and his articles have appeared in the LA Daily Journal and CEB Daily News.

• Experience

Mike’s practice spans corporate disputes involving real estate, securities, corporate governance, trade secrets, employment, unfair competition, and California financing laws, with significant experience defending class actions. His results include a judgment and attorney-fee award for a commercial developer; a roughly 75% reduction of the damages and attorney’s fees entered against an accountingfirm and public-company client; and a month-long trial win for a developer sued by an out-of-state lender, allowing recovery of 85% of its attorney fees. He also maintains an active real estate and appellate practice, with numerous successful representations before Los Angeles and Orange County intermediate appellate courts.

Bridgette C. Lehman, Associate | Faegre Drinker Biddle & Reath LLP

Bridgette Lehman represents clients in a wide range of complex litigation matters, including contractual disputes, financial services litigation and real estate conflicts. Bridgette’s practice is also focused on white collar matters, including government investigations, litigation, and internal investigations. From False Claims Act actions to compliance counseling, Bridgette assists clients (whether currently or potentially) facing government scrutiny. Bridgette has experience in both pre-trial and trial proceedings, including drafting pleadings, motions practice, discovery, mediation, pre-trial preparations and trial support. She primarily practices in Pennsylvania and New Jersey state and federal courts. While in law school, she interned at the Federal Community Defender for the Eastern District of Pennsylvania, the City of Philadelphia’s District Attorney’s Office and for the Hon. Mia Roberts-Perez of the Philadelphia Court of Common Pleas–Criminal Division. Judge Perez was later nominated and confirmed to serve as U.S. District Judge in the Eastern District of Pennsylvania. Before law school, Bridgette worked as a mechanical engineer for the U.S. Navy, a project manager for Comcast and a software consultant for Manhattan Associates, a company specializing in logistics software.

• Education & Credentials

Bridgette earned her J.D., cum laude, from Temple University Beasley School of Law in 2020 and her B.S. in Mechanical Engineering, cum laude, from Virginia Polytechnic Institute and State University in 2012. She is admitted to practice in Pennsylvania and New Jersey and before the U.S. District Court for the Eastern District of Pennsylvania.

• Recognition & Leadership

Bridgette was named to Faegre Drinker’s Pro Bono Honor Roll for 2024–25 and was a U.S. Mid-Atlantic Final Oralist in the Philip C. Jessup International Moot Court Competition in 2019.

• Professional Involvement

Through the Support Center for Child Advocates, Bridgette represents children who have experienced abuse or neglect, and she helps low-income homeowners obtain clear title to their homes. She has also written on Telephone Consumer Protection Act developments for the firm’s TCPA blog.

• Experience

Bridgette’s experience spans both pre-trial and trial proceedings, including drafting pleadings, motions practice, discovery, mediation, pre-trial preparation, and trial support. She practices primarily in Pennsylvania and New Jersey state and federal courts. During law school, she interned at the Federal Community Defender for the Eastern District of Pennsylvania, the Philadelphia District Attorney’s Office, and for the Hon. Mia Roberts-Perez of the Philadelphia Court of Common Pleas–Criminal Division, who was later confirmed as a U.S. District Judge for the Eastern District of Pennsylvania.

Emma C. Meister, Associate | Faegre Drinker Biddle & Reath LLP

Emma Meister counsels clients in litigation and dispute resolution. Emma gained extensive litigation experience through a series of judicial and law firm positions throughout law school. As a judicial intern to Chief Judge Mitchell Goldberg of the U.S. District Court for the Eastern District of Pennsylvania, she participated in criminal and civil proceedings, drafted memorandum opinions and orders, and provided legal analysis and oral recommendations to the court. She served as a certified legal intern with the Philadelphia Defender Association, where she represented clients in court. She also interned with Judge Scott O’Keefe of the Philadelphia Court of Common Pleas, assisting in criminal cases and conducting research for post-conviction relief matters. These experiences collectively honed Emma’s courtroom skills, legal writing and analytical acumen.

• Education & Credentials

Emma earned her J.D., magna cum laude, from Temple University Beasley School of Law in 2025, where she also earned a Certificate in Trial Advocacy & Litigation. She received her B.A. in Political Science, summa cum laude, from West Chester University of Pennsylvania in 2021. She is admitted to practice in Pennsylvania.

• Recognition & Leadership

Emma was elected to the Order of the Coif at Temple University Beasley School of Law, where she was named Editorial Board Member of the Year for the Temple Law Review and received the Outstanding Oral Advocacy award in Trial Advocacy II.

• Professional Involvement

During law school, Emma served as a research editor of the Temple Law Review and as a certified legal intern with the Philadelphia Defender Association, where she represented clients in court.

• Experience

Emma served as a judicial intern to Chief Judge Mitchell Goldberg of the U.S. District Court for the Eastern District of Pennsylvania, where she participated in criminal and civil proceedings, drafted memorandum opinions and orders, and provided legal analysis and recommendations to the court. She also interned with Judge Scott O’Keefe of the Philadelphia Court of Common Pleas, assisting in criminal cases and researching post-conviction relief matters. As a summer associate with Faegre Drinker, she drafted dispositive motions, researched complex legal issues across multiple jurisdictions, and contributed to both pro bono and commercial matters.

TJ Rivera, Associate | Quinn Emanuel Urquhart & Sullivan LLP

TJ Rivera focuses on complex commercial and fiduciary litigation representing both plaintiffs and defendants. TJ previously served as a law clerk for the Honorable L. Felipe Restrepo in the United States Court of Appeals for the Third Circuit. Prior to law school, TJ served as a Teach for America corps member in Las Vegas, where he taught middle school science.

• Education & Credentials

TJ earned his J.D., magna cum laude, from Temple University Beasley School of Law in 2022 and his B.A. in Public and International Affairs from Princeton University in 2015. He is admitted to the state bars of New York and Delaware, and he speaks Spanish.

• Recognition & Leadership

TJ was elected to the Order of the Coif at Temple University Beasley School of Law and was selected to serve as a law clerk to the Hon. L. Felipe Restrepo of the U.S. Court of Appeals for the Third Circuit.

• Professional Involvement

During law school, TJ served on the Editorial Board of the Temple Law Review. Before his legal career, he was a Teach For America corps member in Las Vegas, where he taught middle school science.

• Experience

TJ clerked for the Hon. L. Felipe Restrepo of the U.S. Court of Appeals for the Third Circuit from 2024 to 2025, and prior to joining Quinn Emanuel he practiced as a litigation associate at another international firm.

SESSION 1 – Limiting Fee Exposure Before Judgment in Fee-Shifting Cases | 1:00pm – 2:00pm ET

This session examines the pre-judgment tools available to defense counsel seeking to cap or eliminate attorney’s fee exposure under federal fee-shifting statutes. Attorneys will work through Rule 68 offers of judgment, voluntary cessation and mootness strategy, the prevailing-party doctrine following Lackey v. Stinnie, and settlement structuring with fee waivers. Attendees will leave with a sequenced playbook for deploying each tool at the right stage of litigation to minimize the fee petition a plaintiff can ultimately file.

BREAK | 2:00pm – 2:10pm ET

SESSION 2 – Litigating Attorney Fee Petitions: Fee Entitlement, Lodestar and Enhancements, Common Challenges for Both Sides in Fee Motion, Appellate Strategy After the Fee Ruling | 2:10pm – 3:10pm ET

This session examines the litigation of attorney’s fee petitions under both state and federal fee-shifting statutes or other theories before and after the fee ruling. Attendees will explore the legal framework governing fee orders, including fee/prevailing party entitlement; the lodestar/enhancement methodology; time deadlines for fee proceedings; the anatomy of a fee motion and evidentiary support for the motion; common billing disputes for both sides in a fee motion; anatomy of a fee petition opposition; issues which lead to reductions in a fee request; proposed orders and objections in fee proceedings; and appellate preservation/review issues. Through a practical examination of the issues courts routinely confront, participants will gain insight into how fee petitions are presented, evaluated, challenged, and ultimately decided.