His original Application to retain Special Counsel, Document No. A later Motion, dated May 22, and filed May 23, amended the earlier application to seek retention nunc pro tunc to May 14. We approved that hourly rate reluctantly, because there was no opposition, despite the fact that it was about two times the going rate in Vermont. It was, however, a case with national and possibly international financial significance. Special Counsel, whose bona fides are indeed impressive, recites a number of cases from around the nation in which, as attorney for various plaintiffs, he won settlements of millions of dollars.
Several distinctions are apparent.
First, many of those cases were national cases. This is a Vermont case involving a mostly Vermont dispute. Third, Special Counsel did not function as plaintiffs' attorney. More specifically, he was not required to investigate, prepare, and file the complaint. Rather, his task here was to assist Trustee in evaluating the merits of the shareholders derivative suit that devolved to Trustee upon Debtor's filing.