These documents were filed earlier this month, but due to exams and other personal issues, I’ve not had an opportunity to post them. They provide, however, the other view of the EFF’s fee request which is discussed below.

Defendant Sony BMG Music Entertainment’s Memorandum in Opposition to the "EFF Group's" Motion for the Award of Attorneys’ Fees (PDF)

Declaration of Jeffrey S. Jacobson, Esq., in Opposition to the "EFF Group's" Motion for the Award of Attorneys’ Fees (PDF)

The fairness hearing will occur tomorrow, May 22, 2006 at 9:15 am at the Daniel Patrick Moynihan United States Courthouse for the Southern District of New York at 500 Pearl Street, Room 2270, New York, NY. I will not be able to attend, but expect to post the documents that result from the hearing as soon as they are made available.

I anticipate that the settlement will be approved as proposed, and that there will be significant discussion of the amount and allocation of fees. This case provides a good example as to why fees should be disclosed to class members in advance, even if the parties claim that the amount of fees will not impact the compensation to class members. The attorneys involved certainly deserve to get paid, but consumers should have gotten more out of this deal as well.