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

In fee-shifting litigation, the fee fight can eclipse the case itself. Learn to deploy Rule 68 offers and fee waivers before judgment, structure a successful fee petition, build a persuasive opposition, and preserve fee rulings for appeal.

2026-08-20 13:00:00

Program Details

2026-08-20 13:00:00

Program Details

2026-08-20 13:00:00

Over 1,000+ webinars

2026-08-20 13:00:00

Course Overview

The fee fight is often the real case — and it is won or lost long before the fee motion is filed

2026-08-20 13:00:00

Lackey v. Stinnie has reset the prevailing-party calculus in fee-shifting cases, changing when a plaintiff becomes entitled to fees at all. The pre-judgment tools — Rule 68 offers of judgment, voluntary cessation and mootness strategy, settlement structuring with fee waivers — now demand new sequencing and timing.

Mistime a Rule 68 offer and post-offer fees keep running. Miss a fee-proceeding deadline and entitlement arguments evaporate. Submit block-billed, reconstructed, or vague time entries and courts cut the lodestar. Ignore degree of success and proportionality, and the award shrinks — or the opposition fails.

Attendees leave with a sequenced pre-judgment playbook and the anatomy of a successful fee petition and persuasive opposition. They will work through the lodestar and enhancement framework — reasonable rates, hours worked, and supporting evidence including “fees on fees” — plus appellate strategy after the fee ruling. A detailed PowerPoint with a concluding resource-material section anchors the takeaways.

Format

CLE Credit

2h CLE Credits

Level

Intermediate

Length

2

Key topics that will be covered

01
Prevailing-Party Entitlement
How Lackey v. Stinnie reshapes prevailing-party status, and the threshold entitlement challenges and policies that decide fee exposure before any billing dispute begins.
02
Cutting Off Fees Early
How Rule 68 offers of judgment, voluntary cessation, mootness, and early dismissal cap or eliminate fee exposure when deployed at the right stage of litigation.
03
Settlement Fee Waivers
How to structure settlement agreements with fee waivers to close off a plaintiff’s fee petition before judgment.
04
Building The Fee Motion
How to structure a successful fee petition and a persuasive opposition — procedural deadlines, submission requirements, the lodestar and enhancement framework, reasonable rates, hours worked, and supporting evidence including “fees on fees.”
05
Billing-Based Reductions
Which billing practices trigger reductions — block billing, reconstructed time, staffing and duplication, administrative and clerical tasks, vague entries, high time increments, redacted billings, and weak substantiation.
06
Success, Allocation, Appeals
How degree of success, proportionality, and allocation of time across multiple claims drive judicial reductions — and how both sides develop the record and preserve fee orders for appellate review.

Program schedule

clock 1:00 pm - 2:00 pm EST

Limiting Fee Exposure Before Judgment in Fee-Shifting Cases

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.

Renée M. DudekRenée M. Dudek
clock 2:10 pm - 3:10 pm EST

Litigating Attorney Fee Petitions: Fee Entitlement, Lodestar and Enhancements, Common Challenges for Both Sides in Fee Motion, Appellate Strategy After the Fee Ruling

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.

William M. HensleyWilliam M. Hensley
Renée M. Dudek

Renée M. Dudek

Faegre Drinker Biddle & Reath LLP

William M. Hensley

William M. Hensley

FBT Gibbons LLP

Renée M. Dudek

Renée M. Dudek

Faegre Drinker Biddle & Reath LLP

Renée M. Dudek is a partner in the Philadelphia and Wilmington offices of Faegre Drinker Biddle & Reath LLP, where her practice combines commercial litigation with direct appeals in federal and state courts. She has served as first- and second-chair trial counsel, argues pivotal motions, and writes briefs that decide cases.

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. Hensley

William M. Hensley

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 accounting-firm 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.
Renée M. Dudek

Renée M. Dudek

Faegre Drinker Biddle & Reath LLP

Renée M. Dudek is a partner in the Philadelphia and Wilmington offices of Faegre Drinker Biddle & Reath LLP, where her practice combines commercial litigation with direct appeals in federal and state courts. She has served as first- and second-chair trial counsel, argues pivotal motions, and writes briefs that decide cases.

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. Hensley

William M. Hensley

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 accounting-firm 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.

Credits by state

AK2.0
AL2.0
AR2.0
AZ2.0
CA2.0
CO2.0
CT2.0
DC2.0
DE2.0
FL2.0
GA2.0
HI2.0
IA2.0
ID2.0
IL2.0
IN2.0
KS2.0
KY2.0
LA2.0
MA2.0
MD2.0
ME2.0
MI2.0
MN2.0
MO2.4
MS2.0
MT2.0
NC2.0
ND2.0
NE2.0
NH120.0
NJ2.4
NM2.0
NV2.0
NY2.0
OH2.0
OK2.5
OR2.0
PA2.0
RI2.5
SC2.0
SD2.0
TN2.0
TX2.0
UT2.0
VA2.0
VT2.0
WA2.0
WI2.0
WV2.4
WY2.0

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MCLE Credits

Alabama
Pending
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Approved
Arizona
Approved
Arkansas
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California
Approved
Colorado
Pending
Connecticut
Approved
Delaware
Pending
District of Columbia
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Kentucky
Pending
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Pending
Maine
Pending
Maryland
No Required
Massachusetts
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Michigan
No Required
Minnesota
Pending
Mississippi
Pending
Missouri
Approved
Montana
Pending
Nebraska
Pending
Nevada
Pending
New Hampshire
Approved
New Jersey
Approved
New Mexico
Approved
New York
Approved
North Carolina
Pending
North Dakota
Approved
Ohio
Pending
Oklahoma
Pending
Oregon
Pending
Pennsylvania
Approved
Rhode Island
Pending
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Pending
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No Required
Tennessee
Pending
Texas
Approved
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Approved
Virginia
Not Eligible
Washington
Approved
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Pending
Wisconsin
Pending
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Pending

Alabama

Requirements

The Alabama State Bar MCLE Commission requires attorneys to complete 12 credits, including 1 ethics, by December 31 of each year. All credits must be reported by February 15 of the following year. A maximum of 12 credits, including 1 ethics credit, may be carried over for 1 year only.  

Formats

  • Attorneys can earn unlimited “live” credit through live seminars, live webcasts, and co-sponsored locations with MyLAWCLE-Alabama approved programs
  • Attorneys are limited to 6 credits per compliance period of “online” programs through MyLAwCLE On-Demand programs