In the latest twist of Silicon Valley vs. the class action bar, Apple and Amazon are asking a federal judge to make one of America’s most high-profile plaintiff firms pay for what they call a drawn-out legal misfire.
The two tech giants filed a motion seeking a combined $223,000 in legal fees from Hagens Berman Sobol Shapiro, claiming the firm stalled litigation over alleged price-fixing of iPhones and iPads on Amazon’s marketplace—even after its lead client decided to bail on the case.
The underlying lawsuit accuses Apple and Amazon of conspiring to artificially inflate the cost of Apple devices sold through Amazon’s platform. Though the companies deny the allegations, the case continues with new plaintiffs. But the original plaintiff, Steven Floyd, bowed out months ago—quietly.
According to U.S. District Judge Kymberly Evanson, the firm failed to inform the court for weeks that Floyd no longer wanted to participate in discovery. Instead, the firm portrayed his absence as a mystery. That silence, the judge ruled, burned valuable time and resources and left the court and defendants in the dark.
Evanson didn’t mince words: Hagens Berman “needlessly prolonged this litigation.”
Apple and Amazon say their attorneys logged over 350 hours dealing with issues that could’ve been avoided if the firm had simply disclosed the truth. In their Friday filing, they also said they would cap their fee demands at market rates typical for Seattle’s federal court district—though those rates still aren’t cheap.
Weil Gotshal’s Mark Perry, leading Apple’s appellate strategy, cited a $900 hourly rate in the filing. Amazon’s team includes Sidley Austin and Davis Wright Tremaine, with similarly high-powered billing clocks ticking.
Floyd’s claims were officially dismissed this week. But the judge was clear that the firm’s handling of his departure blurred the lines between legal strategy and misdirection. Her ruling said Hagens Berman’s version of events did not “reflect his reality.”
No comment yet from the firm or either company.
Meanwhile, far from the Pacific Northwest, billing rates across the legal elite continue to climb. Quinn Emanuel’s Michael Carlinsky is now officially part of the $3,000-an-hour club, joining colleagues like Alex Spiro and William Burck.
And in the Midwest, a Minnesota school district is shelling out $300,000 to Williams & Connolly to fight a disability rights case at the U.S. Supreme Court. Lisa Blatt, arguing for the district, usually charges $2,400 per hour. Her opponent? Latham & Watkins partner Roman Martinez, representing the student’s family.
It’s a reminder that behind every headline-making court battle is a meter running—and someone eventually gets the tab. Right now, Apple and Amazon are looking to pass theirs to the lawyers who brought them to court.
Who gets stuck with the bill may just shape the next round of tech-legal brinkmanship.
