Case 5:18-md-02834-BLF Document 874 Filed 05/05/23 Page 1 of 8
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`TODD R. GREGORIAN (CSB No. 236096)
`tgregorian@fenwick.com
`CHRISTOPHER S. LAVIN (CSB No. 301702)
`clavin@fenwick.com
`FENWICK & WEST LLP
`Silicon Valley Center
`801 California Street
`Mountain View, CA 94041
`Telephone:
`650.988.8500
`Facsimile:
`650.938.5200
`
`Counsel for AMAZON.COM, INC.,
`AMAZON WEB SERVICES INC., and
`TWITCH INTERACTIVE, INC.
`
`MICHAEL J. BARATZ (PHV)
`mbaratz@steptoe.com
`EMMA S. MARSHAK (PHV)
`emarshak@steptoe.com
`STEPTOE & JOHNSON LLP
`1330 Connecticut Avenue, NW
`Washington, DC 20036
`Telephone: 202.288.8106
`Facsimile: 202.261.0557
`
`UNITED STATES DISTRICT COURT
`NORTHERN DISTRICT OF CALIFORNIA
`SAN JOSE DIVISION
`
`IN RE: PERSONALWEB TECHNOLOGIES,
`LLC ET AL., PATENT LITIGATION,
`
`AMAZON.COM, INC., and AMAZON WEB
`SERVICES, INC.,
`Plaintiffs,
`
`v.
`PERSONALWEB TECHNOLOGIES, LLC and
`LEVEL 3 COMMUNICATIONS, LLC,
`Defendants.
`
`
`
`Case No.: 5:18-md-02834-BLF
`Case No.: 5:18-cv-00767-BLF
`Case No. 5:18-cv-05619-BLF
`DECLARATION OF STEVEN K.
`DAVIDSON IN SUPPORT OF THE
`FURTHER SUPPLEMENTAL FEES
`REQUEST OF AMAZON.COM, INC.,
`AMAZON WEB SERVICES, INC., AND
`TWITCH INTERACTIVE, INC.
`
`
`
`
`
`PERSONALWEB TECHNOLOGIES, LLC and
`LEVEL 3 COMMUNICATIONS, LLC,
`Plaintiffs,
`
`v.
`
`TWITCH INTERACTIVE, INC.,
`
`Defendant.
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`DAVIDSON DECL. ISO
`SUPPLEMENTAL FEES (MAY 2023)
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`
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`CASE NOS.: 5:18-md-02834-BLF;
`5:18-cv-00767-BLF; 5:18-cv-05619-BLF
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`ATTORNEYS AT LAW
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`FENWICK & WEST LLP
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`Case 5:18-md-02834-BLF Document 874 Filed 05/05/23 Page 2 of 8
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`I, Steven K. Davidson, declare as follows:
`1.
`I am a partner at the law firm Steptoe & Johnson LLP, attorneys for Amazon.com,
`Inc., Amazon Web Services, Inc., and Twitch Interactive, Inc. (collectively “Amazon”). I make
`this declaration in support of Amazon’s further request for supplemental fees under 35 U.S.C. § 285
`for fees that Amazon has incurred since the date of its last submission. (Dkt. 853.) I have personal
`knowledge of the facts set forth herein.
`2.
`I have practiced law at Steptoe since 1985 upon my graduation from law school, and
`have been a partner of the firm since 1993. Throughout my career, I have represented top Fortune
`500 corporations, including American Airlines, ConocoPhillips, Credit Suisse, ExxonMobil,
`BNSF, and US Airways, in litigation throughout the United States and abroad, as well as in
`domestic and international arbitrations. I focus on trial and arbitration work, and have substantial
`experience with complex disputes, particularly the enforcement of judgments. In my thirty-eight
`years of practice, I have appeared in federal courts, state courts and before various arbitral bodies,
`in matters covering a wide variety of subjects.
`3.
`I received a Bachelor of Arts degree in 1982 (summa cum laude and Phi Beta Kappa)
`and a Master of Arts in 1983, both from Boston University. I received my J.D. degree from
`Northwestern Law School in 1985. I am a member of the Bars of the District of Columbia (since
`1987) and Virginia (since 1985), the United States Supreme Court and numerous federal district
`courts and circuit courts of appeal.
`4.
`Currently, I serve as the co-leader of Steptoe’s Commercial Litigation practice
`group. I have led or co-led that group for more than 15 years (2001-2012; 2017-present). I have
`also been, since 2021, the co-leader of Steptoe’s International Arbitration Group. Today, these
`groups include more than 120 lawyers across all of Steptoe’s offices. During my years at Steptoe,
`I have had a wide variety of firm management responsibilities. Presently, I am serving as a member
`of our Executive Committee—an elected group that essentially manages the firm’s affairs and sets
`policy; the Professional Advancement Committee—an elected group that makes recommendations
`to the firm’s partnership on the professional advancement of the firm’s attorneys, including on
`advancement to partner; and the Compensation Committee. My sustained involvement in the
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`DAVIDSON DECL. ISO
`SUPPLEMENTAL FEES (MAY 2023)
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`1
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`CASE NOS.: 5:18-md-02834-BLF;
`5:18-cv-00767-BLF; 5:18-cv-05619-BLF
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`ATTORNEYS AT LAW
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`FENWICK & WEST LLP
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`Case 5:18-md-02834-BLF Document 874 Filed 05/05/23 Page 3 of 8
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`management of a large law firm has given me a great deal of experience with the issues facing a
`provider of legal services—issues both internal to the firm itself and inherent in the lawyer-client
`relationship, especially with respect to the setting of hourly billing rates for firm professionals.
`5.
`I have particularly been involved in supervising, as the lead attorney, a number of
`what are commonly referred to as “complex cases.” In my practice, this means that in addition to
`being analytically complex, the cases are also large in size in terms of the amount of documents
`and other information that has to be handled in the course of the litigation.
`6.
`In most of the large matters I have handled over the years, I have been not only the
`lead partner in providing services to the client, I have also been the partner responsible for billing.
`I have reviewed many hundreds of invoices and submitted them to clients, and I have dealt with
`any client questions that arose about those billings. In addition, I have consulted with a number of
`my partners over the years about billing questions involving clients for whom they were
`responsible. I have also been responsible for negotiating rates with clients on matters based here
`in D.C. and throughout the world. As a result, I have become quite familiar with the applicable
`rates lawyers charge for a variety of civil cases.
`7.
`Additionally, I have been retained as fee counsel or consulted on a number of cases
`involving attorneys’ fees disputes. Most often, I have represented prevailing plaintiffs and their
`counsel seeking attorneys’ fees and expenses under contractual fee-shifting provisions, civil rights
`laws, and fee-shifting statutes. I have also represented parties opposing an award of fees, and I have
`served as an expert witness on attorneys’ fee issues numerous times. Through these representations,
`I have developed a familiarity with statutory and contractual fee awards and fee petitions.
`8.
`I have also represented numerous clients in attorney malpractice, legal ethics, and
`professional liability matters. These disputes generally require detailed analysis of billing records,
`time sheets, and expense reports. As a result, I have extensive knowledge of the billing practices
`and procedures at a number of law firms in the Washington metropolitan area.
`9.
`As a result of the activities described in paragraphs 4 through 8 above, I have
`reviewed hourly rates and billing practices of a variety of law firms in many different types of
`cases. In particular, I have significant knowledge of the hourly rates typically charged by firms
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`DAVIDSON DECL. ISO
`SUPPLEMENTAL FEES (MAY 2023)
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`2
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`CASE NOS.: 5:18-md-02834-BLF;
`5:18-cv-00767-BLF; 5:18-cv-05619-BLF
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`ATTORNEYS AT LAW
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`FENWICK & WEST LLP
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`Case 5:18-md-02834-BLF Document 874 Filed 05/05/23 Page 4 of 8
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`involved in all types of litigation, including the rates of firms which practice before state and federal
`courts in the District of Columbia, Maryland, Virginia, and New York. I regularly review national
`surveys, publications and non-public reports on law firm rates. It is also part of my practice to keep
`current on reported attorneys’ fees decisions, so that I can be aware of legal developments in the
`field and the type, nature, and amount of fees and expenses courts approve as reasonable, including
`the hourly rates that firms charge and courts approve.
`10.
`I have been the lead lawyer and billing attorney for our firm’s representation of
`Amazon. In connection with this representation, I have been admitted pro hac vice in California
`Superior Court proceedings between these parties and other related entities. Both in real time and
`for purposes of this Declaration, I have reviewed the invoices and back-up documentation
`submitted by our firm for this matter. The applicable ethics rules and opinions require that rates be
`reasonable. They do not impose any limits on either rates or rate increases, so long as the resulting
`rate is reasonable. My years of experience in reviewing rates and in the setting of rates puts me in
`a position to be aware of rates generally in the Washington, D.C. market.
`11.
`Steptoe & Johnson LLP is a firm of over 450 attorneys with more than 100 years of
`practice which has earned an international reputation for vigorous representation of clients before
`governmental agencies, successful advocacy in litigation and arbitration, and creative and practical
`advice in structuring business transactions.
`12.
`The Steptoe lawyers on the Amazon case are based in our Washington, D.C. office.
`In my judgment, the rates sought by Steptoe here are within the bounds of what is customary in the
`marketplace in the Washington, D.C. metropolitan area for large, highly- regarded law firms that
`have the capacity to handle major complex litigation such as this case.
`13. While information on rates charged by other Washington, D.C. law firms for
`complex commercial litigation, such as this, is not readily available to the public, as described
`above, I have consulted sources of information available to me on rates generally for large law
`firms in Washington, D.C. I have used this general information and my extensive experience
`setting, negotiating and reviewing rates in reaching my conclusion that the rates sought by Amazon
`are reasonable and consistent with the customary market rates for the District of Columbia.
`
`DAVIDSON DECL. ISO
`SUPPLEMENTAL FEES (MAY 2023)
`
`
`
`3
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`CASE NOS.: 5:18-md-02834-BLF;
`5:18-cv-00767-BLF; 5:18-cv-05619-BLF
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`ATTORNEYS AT LAW
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`FENWICK & WEST LLP
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`Case 5:18-md-02834-BLF Document 874 Filed 05/05/23 Page 5 of 8
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`14.
`The billing rates for attorneys at large law firms are similar in the largest U.S. legal
`markets. I am familiar with commercial litigator rates in Washington, New York, Chicago, Los
`Angeles and San Francisco because in each of those offices I have been involved in setting
`Steptoe’s rates for our commercial litigators. Consequently, I believe that data reflecting the rates
`of commercial litigators at large law firms in the largest U.S. legal markets generally are
`informative of market rates for commercial litigators in Washington, D.C. Indeed, I agree with the
`Court of Appeals for the D.C. Circuit’s observation in DL v. District of Columbia that Washington,
`D.C. is one of the most expensive legal markets in the country. 924 F.3d 585, 592 (D.C. Cir. 2019).
`15.
`In addition, I have reviewed the Steptoe bills to Amazon—both before we sent them
`and again recently—and believe that the number of hours charged is reasonable for the tasks
`performed. Amazon is current on all outstanding invoices.
`16.
`Steptoe, a large international law firm, and specifically the below attorneys, were
`appropriate counsel for Amazon in this action because they are highly experienced in judgment
`enforcement. Steptoe has enforced arbitral awards and judgments in the eight, nine, and even 10-
`figure range that have been enforced both in the United States and abroad. In his book Private
`Empire: ExxonMobil and American Power, Pulitzer Prize-winning journalist Steve Coll wrote
`about Steptoe’s judgment enforcement efforts in another matter, “For the Steptoe attorneys the late-
`December Friday afternoon seizure of $300 million belonging to Hugo Chávez’s government was
`like hitting a walk-off home run in the bottom of the ninth before a full house at Yankee Stadium.”
`17.
`This matter involved judgment enforcement proceedings in federal and state courts
`involving domestic and international entities and individuals spanning at least California,
`Delaware, and Texas as well as individual South Africans permanently residing in Australia. In
`particular, Steptoe has devised litigation strategy, drafted pleadings, and presented oral argument
`relating to judgment enforcement in this matter drawing upon their considerable experience in this
`highly specialized area of the law. As a result of Steptoe’s substantial contributions, thus far,
`Amazon has, among other victories, successfully obtained an appellate reversal—and subsequently
`intervened—in the Superior Court receivership action, fended off entry of judgment between
`PersonalWeb and the PersonalWeb investors that would have terminated the receivership and
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`DAVIDSON DECL. ISO
`SUPPLEMENTAL FEES (MAY 2023)
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`4
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`CASE NOS.: 5:18-md-02834-BLF;
`5:18-cv-00767-BLF; 5:18-cv-05619-BLF
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`ATTORNEYS AT LAW
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`FENWICK & WEST LLP
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`Case 5:18-md-02834-BLF Document 874 Filed 05/05/23 Page 6 of 8
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`foreclosed on the PersonalWeb estate, and asserted meritorious counterclaims against the
`PersonalWeb investors.
`18.
`The Steptoe attorneys who worked more than a nominal amount on this matter are
`identified below, along with a summary of their experience and qualifications. Additionally, copies
`of the attorneys’ biographies as they appear on the Steptoe website are attached as Exhibit A.
`a. Michael Baratz: Mr. Baratz, a partner at Steptoe, is a member in good
`standing with the Maryland State Bar and District of Columbia Bar, graduated from law school in
`2002, and has practiced judgment enforcement law in the District of Columbia since 2002. Mr.
`Baratz’s rate on this matter was $955 per hour for all work performed in 2021, $1,030 per hour for
`all work performed in 2022, and $1,120 per hour for all work performed in 2023. Mr. Baratz’s
`responsibilities on this case included devising litigation strategy, coordinating and reviewing
`associate work, and motion practice.
`b. Emma Marshak: Ms. Marshak, an associate at Steptoe, is a member in
`good standing with the Massachusetts State Bar, Maryland State Bar, and District of Columbia Bar,
`graduated from law school in 2016, and has practiced judgment enforcement law in the District of
`Columbia since 2020. Ms. Marshak’s rate on this matter was $745 per hour for all work performed
`in 2021, $835 per hour for all work performed in 2022, and $950 per hour for all work performed
`in 2023. Ms. Marshak’s responsibilities on this case included case management, motion practice,
`and fact discovery.
`Exbibit B is a copy of all monthly Steptoe invoices to Amazon for work performed
`19.
`on this matter from June 2021 through February 2023, reflecting the work of each timekeeper at
`Steptoe who billed to this matter during that time period.
`20.
`As stated above, in my role, I am familiar with Steptoe’s business and billing
`practices, and I am generally familiar with the rates comparable firms charge for judgment
`enforcement in the District of Columbia. Steptoe sets its hourly billing rates to be competitive with
`rates generally charged by other full-service law firms for attorneys of similar experience. Steptoe
`attorneys routinely practice in judgment enforcement in federal and state courts involving entities
`and individuals with affiliations and citizenships spanning the globe in high-stakes complex
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`DAVIDSON DECL. ISO
`SUPPLEMENTAL FEES (MAY 2023)
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`CASE NOS.: 5:18-md-02834-BLF;
`5:18-cv-00767-BLF; 5:18-cv-05619-BLF
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`ATTORNEYS AT LAW
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`FENWICK & WEST LLP
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`Case 5:18-md-02834-BLF Document 874 Filed 05/05/23 Page 7 of 8
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`commercial litigation like this action. In my opinion, the billable rates charged by the specific
`attorneys on this case are reasonable for their respective levels of expertise and as compared to
`other law firms with similar experience in the District of Columbia.
`21.
`Steptoe is widely recognized for its handling of, among other things, complex
`corporate investigations and judgment enforcement. For example, over the past year Steptoe was:
`a. Ranked in Corporate Crime & Investigations and Investigations &
`Enforcement (International & Cross-Border) by Chambers Global (2023);
`b. Ranked in Corporate Crime & Investigations and Litigation: General
`Commercial by Chambers USA (2022); and
`c. Recommended for Dispute Resolution - General Commercial Disputes and
`Dispute Resolution – Leading Trial Lawyers by Legal 500 (2022).
`22. Multiple federal and state courts in California have found Steptoe’s rates to be
`reasonable for judgment enforcement cases and bankruptcy cases of similar or lesser complexity
`than this proceeding. See In re HCA West, Inc., No. 20-bk-11507-ES, Dkt. 760 (Bankr. C.D. Cal.
`June 14, 2022) (awarding requested attorneys’ fees in full at Steptoe standard billing rates); In re
`Better 4 You Breakfast, Inc., No. 22-bk-10994-BB, Dkt. 589 (Bankr. C.D. Cal. Oct. 12, 2022)
`(same); P Standard Gen. Ltd. v. Charney, No. BS172538 (Super. Ct., Cnty. of L.A. Mar. 28, 2023)
`(Tentative Ruling) (“In terms of the hourly rates of LAA’s counsel [Steptoe], the Court finds them
`reasonable.”) Attached as Exhibit C are copies of these orders.
`23.
`All of the conclusions and opinions stated above are based on my 38 years of
`experience in private practice—a litigation practice predominantly involving sizeable matters
`requiring the management of teams and support staff. During my years of practice, I have litigated
`with counsel for other parties that were from large metropolitan law firms as my adversaries and as
`my co-counsel. These collective experiences have, I believe, given me a good understanding of
`the practices of law firms in serving their clients.
`24.
`All opinions expressed by me in this Declaration have been stated within a
`reasonable degree of professional certainty.
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`DAVIDSON DECL. ISO
`SUPPLEMENTAL FEES (MAY 2023)
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`6
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`CASE NOS.: 5:18-md-02834-BLF;
`5:18-cv-00767-BLF; 5:18-cv-05619-BLF
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`ATTORNEYS AT LAW
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`FENWICK & WEST LLP
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`Case 5:18-md-02834-BLF Document 874 Filed 05/05/23 Page 8 of 8
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`I declare under penalty of perjury under the laws of the United States that the foregoing is
`true and correct. Executed in Washington, District of Columbia on this 5th day of May, 2023.
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`/s/ Steven K. Davidson
`Steven K. Davidson
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`CERTIFICATION OF CONCURRENCE IN FILING
`I, Todd R. Gregorian, am the ECF user whose identification and password are being used
`to file this Declaration. In compliance with Civil L.R. 5-1(h)(3), I hereby attest that Steven K.
`Davidson has concurred in this filing.
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`Dated: May 5, 2023
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`By: /s/ Todd R. Gregorian______
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` Todd R. Gregorian
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`DAVIDSON DECL. ISO
`SUPPLEMENTAL FEES (MAY 2023)
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`CASE NOS.: 5:18-md-02834-BLF;
`5:18-cv-00767-BLF; 5:18-cv-05619-BLF
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`ATTORNEYS AT LAW
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`FENWICK & WEST LLP
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