No 'Bad Faith' To Justify Fee Award In Docs Suit, Biogen Says

By Rose Krebs (September 20, 2021, 4:55 PM EDT) -- Biogen has told the Delaware Chancery Court it should reject a fee bid by firms representing an investor who claimed the company used "glaringly egregious" tactics aimed at driving up the cost of litigation after he sued to access records, saying "bad faith" hasn't been shown.

In a brief filed Friday, Biogen Inc. told Vice Chancellor Paul A. Fioravanti Jr. that the bid by investor Melvin Gross to have the company pay his counsel, Heyman Enerio Gattuso & Hirzel LLP and Pomerantz LLP, roughly $208,000 in fees is misguided and should be denied.

"Delaware follows the 'American Rule,' under which both...

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