Judge awards $10.5 million in attorney fees for Experian data breach class action

A federal judge has awarded $10.5 million in attorney fees in a class action over Experian PLC's 2015 data breach, part of a final settlement that includes $22 million in cash as well as credit-monitoring services with a retail value of $138 million.

Class counsel Daniel S. Robinson of Robinson Calcagnie Inc. and Tina Wolfson of Ahdoot & Wolfson PC described the settlement as "exceptional" in their motion for fees, which U.S. District Judge Andrew J. Guilford of Santa Ana approved Friday.

Robinson and Wolfson requested a multiplier of 1.65 on a $6.35 million lodestar, which they said "is modest and more than merited given the excellent results obtained on a contingency basis in this complex case." The lodestar included 11,089 hours worked by plaintiffs' counsel, 7,029 of which were for Robinson and Wolfson's teams.

Guilford's order said the case "involves an enormous class -- nearly 15 million members -- and major litigation costs."

"Settlement at this stage prevents litigation regarding class certification and summary judgment and saves the expense of expert reports and further depositions," according to the order.

Robinson said Tuesday he's "very pleased with the amount of benefits we were able to secure for the class in this important case."

"By any measure, I think we've done well compared to other, similar data breaches," Robinson said. "Judge Guilford has been a very fair and effective judge in handling this case from the very beginning."

Jones Day partners Richard J. Grabowski and Edward S. Chang represented Experian. They did not object to the settlement. Attorneys negotiated the fee request in a January 2018 mediation with then-U.S. Magistrate Judge Jay C. Gandhi, now a mediator with JAMS.

Guilford's order said the $22 million settlement fund "results in a $1.47 payout per person, which compares favorably to other approved data breach settlements." But the settlement's overall value to class members "is much higher" because of the free credit-monitoring services, which Guilford described as "substantial and well tethered to the injuries suffered."

In addition to the $22 million, the settlement includes $11.7 million in remedial measures implemented by Experian in wake of the litigation, which accused the company of ignoring security flaws. Attorneys originally valued the credit-monitoring services at $66.3 million.

As of April 8, some 478,970 claims had been submitted, with 294,493 claimants seeking credit services. Guilford called the response "remarkably positive." In Re: Experian Data Breach Litigation, 15-CV01592 (C.D. Cal., filed Oct. 2, 2015).