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calculated if there should be a recovery. Other sections of the
agreement summarized below provided for the attorney’s lien.
The contingent fee agreement required aggregation of the
elements of any settlement offer divided between damages and
attorney’s fees and provided that any division of such an offer
into damages and attorney’s fees would be disregarded by Fox &
Fox and petitioner. The contingent fee agreement provided that
petitioner could not settle his case against APV without the
consent of Fox & Fox. Under the contingent fee agreement,
petitioner agreed that Fox & Fox “shall have a lien” for its fees
and costs against any recovery in petitioner’s action against
APV. This lien by its terms was to be satisfied before or
concurrently with the disbursement of the recovery. The
contingent fee agreement further provided that, if petitioner
should terminate his representation by Fox & Fox, the firm would
have a lien for the fees set forth in section III of the
agreement, and all costs and disbursements that had been expended
by Fox & Fox would become due and payable by petitioner within 10
days of his termination of his representation by Fox & Fox.
APV had proposed that petitioner and the other members of
the class sign separation agreements in return for some severance
pay. Fox & Fox advised the class members that the form of
separation agreement used by APV did not comply with the Older
Workers Benefits Protection Act of 1990, Pub. L. 101-433, 104
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Last modified: May 25, 2011