Answer ââŻLegal Fees & Costs: What We Know from the Provided News
The BusinessâŻWire release that you referenced does not contain any specific information about the legal fees, costs, or the feeâstructure that participants (i.e., investors of HimsâŻ&âŻHers) would be responsible for if they decide to join the classâaction lawsuit. The brief notice only serves to remind investors that a classâaction filing has been made on their behalf and that they may have an opportunity to participate.
Because the news release does not disclose:
Detail | Status in the news release |
---|---|
Attorneyâfee percentage (e.g., 30âŻ% of any recovery) | Not mentioned |
Any upfront filing or âproâbonoâ costs | Not mentioned |
Whether fees are contingencyâbased or require a cash retainer | Not mentioned |
Potential outâofâpocket costs (e.g., court filing fees, expertâwitness fees, etc.) | Not mentioned |
Procedures for getting a feeâestimate or a cost breakdown | Not mentioned |
What Typically Happens in a ClassâAction â General Guidance (Not Specific to this Case)
Because the news release does not provide the details youâre looking for, we can outline the common ways classâaction lawsuits handle attorney fees and costs in the United States. This may help you understand what to expect and what to ask for when you contact the law firm that is handling the matter (e.g., GibbsâŻMura LLP) or when you review the actual complaint/letter of representation.
Category | Typical Arrangement in a StockâClassâAction |
---|---|
AttorneyâFee Arrangement | Contingency fee â Typically 30âŻ%â33âŻ% of any net recovery to the class (including any settlements, court awards, and interest). Some firms may negotiate a lower percentage if the expected recovery is very large. |
Court & Filing Fees | Usually paid by the defendant if the class wins (or the court orders the defendant to pay the âlegal costsâ). In many class actions, the plaintiffâs attorneys will front these costs and recover them from the settlement pool. |
ExpertâWitness, Investigation, & Other Expenses | Often advanced by the lawyers (or by a special âcase expensesâ fund). If the class does not recover, the court may order the defendant to reimburse the attorneys for these outâofâpocket costs; otherwise, the attorneys may absorb them (or they may be deducted from the final recovery). |
Advance Fees/Retainers | Rare in class actions; most firms do not require a cash retainer from individual class members. If a firm does request a deposit, it must be disclosed and approved by the court. |
âNoâwin, noâfeeâ Guarantee | Most class actions are âcontingencyâonlyâ â you do not pay anything unless the case yields a positive monetary result for the class. |
What the Court May Order | Even after a settlement, the court can approve a âfee awardâ that includes the attorneyâs fee and the âreasonableâ costs of the litigation. The court may also limit the attorneysâ share if the fee is deemed excessive. |
Key Takeâaway: In a typical securitiesâclassâaction, individual investors rarely (if ever) pay lawyer fees outâofâpocket unless a court directs otherwise. The most common scenario is a contingentâfee agreement that is paid out of the settlement or judgment funds, after the case is resolved.
How to Find the Specific Fees for This HIMS Litigation
Because the press release does not say, you should obtain the exact terms directly:
Action | Why It Helps |
---|---|
Read the âPlaintiffâs Complaintâ (filed in U.S. District Court, Northern District of California). The complaint often includes a paragraph describing âAttorneyâs Fees and Costs.â | Official source â the court filing is public. |
Visit the law firmâs website (e.g., âGibbs Mura LLPâ) â look for âClass Action â Investor Litigationâ and any âFee/Costâ FAQ. | Many firms post a âClassâAction FAQâ that outlines fee percentages, whether costs are reimbursable, and any required disclosures. |
Contact the law firm (phone or email) and ask: ⢠What is the contingencyâfee percent? ⢠Are any costs owed upâfront? ⢠How are costs (expert, court, etc.) handled if the case is lost? |
Direct, fastest route to precise numbers. |
Check the Settlement Notice (if the class progresses to a settlement). The notice will contain a âFee and Expense Settlementâ table that outlines what portion of the settlement is earmarked for legal fees and costs. | Provides the exact dollar amount that will be allocated to attorneys and other costs. |
Read the âForm 14âaâ (If a settlement is reached). This form is filed with the court and outlines the total settlement pool, the attorneyâfee agreement, and the exact âCosts and Expensesâ that will be paid from the pool. | This is the official, courtâapproved breakdown. |
How to Proceed If Youâre an Investor
- Locate the Official Complaint â The U.S. District Court (Northern District of California) docket can be searched via PACER (https://pacer.uscourts.gov) or via the courtâs online docket.
- Read the âAttorney Fees & Costsâ Section â Usually near the end of the filing, it states something like:
> âAttorneyâs Fees â 33âŻ% of any net recovery, plus all reasonable costs and expenses incurred in prosecuting the action.â - Check for âCost Advanceâ Requests â If the attorneys request an âadâhocâ advance (rare), it must be approved by the Court. This will be noted in the filing.
- Monitor for CourtâApproved Fee Award â If/when a judgment or settlement is entered, the court will issue a âfee award memorandumâ that precisely states the percentage (or dollar amount) approved for attorney fees.
- Ask the Firm for a âFee & Cost Estimateâ â Most law firms provide a brief letter summarizing the fee structure (e.g., â30âŻ% of settlement plus reimbursement of court filing and expert witness costsâ).
If you do not feel comfortable proceeding without a clear breakdown, youâre absolutely entitled to ask for a written âFee Disclosure Letterâ from the law firm before you sign any âclaimâsubmissionâ form.
Summary Answer to Your Question
- The news release you provided does not list any legalâfee or cost details for the Hims & Hers classâaction.
- Typical practice in securities class actions is contingencyâbased attorney fees (commonly around 30â33âŻ% of any net recovery) plus reimbursement of reasonable legal costs (court fees, expert fees, etc.) if a settlement or judgment is attained.
- No cash outâofâpocket fees are usually required from individual investors, but the precise fee percentage and cost reimbursement scheme for this specific lawsuit can only be found in:
- the courtâfiled complaint or subsequent court orders;
- the law firmâs official feeâdisclosure documents; and/or
- the Settlement/Fee award document if/when the case resolves.
- the courtâfiled complaint or subsequent court orders;
Next Step: Contact the lead counsel (GibbsâŻMura LLP) directly or review the court filing for the exact fee percentage and costâreimbursement terms specific to the Hims & Hers classâaction. If you need assistance locating the filing or interpreting the fee award once itâs issued, feel free to ask for guidance on using PACER or interpreting the courtâs feeâaward memorandum.