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At least 30% of the $ 100 million development fund that Apple will create to settle a class action lawsuit will go towards attorney fees, the settlement proposal says.
Apple on Thursday announced a settlement that would resolve a class action lawsuit brought by a group of US developers. In addition to some App Store policy changes, the settlement will also create a $ 100 million fund to help small developers. Depending on the size and history of the App Store, developers can claim between $ 250 and $ 30,000 from the fund.
Hagens Berman, the law firm representing the plaintiffs in the lawsuit, is expected to have a much larger stake than any individual app maker. The settlement agreement proposes that the plaintiffs apply for attorney fees of up to $ 30 million, paid by the Small Developer Assistance Fund.
“A cost award of $ 30 million, which is again the maximum amount plaintiffs will ask for, represents 30 percent of the Small Developers Assistance Fund,” the proposed settlement reads. “Even if one looked only at this monetary relief, such a request would be reasonable.”
According to the proposed regulation, 30% of a common fund for attorney’s fees and court costs is common practice. He argues that the 30% fee is at the lower end of the standard range, and “the Settlement also provides substantial non-monetary relief to the Group”.
The proposed settlement administrator, Angeion Group, estimates a claims rate of around 35%. If that many developers file a claim, the proposed settlement states that the minimum payout amounts to class members “will increase proportionally with each level.”
The original lawsuit, filed in 2019, listed Apple’s 30% reduction in app and app purchases as one of the ways the iPhone maker is abusing its power.
Of course, the settlement has yet to be approved by the court. This may change by the time the court approves.
In addition to the Small Developer Assistance Fund, Apple is also removing some of its anti-leadership regulations and has promised to keep certain App Store policies and programs, like the Small Business program, for at least three years.
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