Frankel: Judge Thrash called on class counsel to file the draft opinion in the Equifax docket “as soon as reasonably possible.” Class action watchdog Ted Frank of the Hamilton Lincoln Law Institute contends that the draft opinion may show that the trial judge improperly adopted accusations by class counsel.

Judge Thrash’s written opinion in January was much more extensive than his oral opinion at the end of the fairness hearing. It was also much more critical of objectors to the settlement, including Frank.

The most promising of those arguments seems to me to be CCAF’s assertion that Equifax and class counsel failed to acknowledge and address potential conflicts among class members. The brief uses Frank and Watkins, the named objectors, to illustrate that point. In Watkins’ home state of Utah, he might be entitled to statutory damages of as much as $2,000 in claims arising from the Equifax breach. Frank, who lived in Washington, could have claimed statutory damages of $1,500. But New Yorkers in the Equifax class would be permitted only $50 for claims under New York general business law.

The fee request is the highest of any data breach settlement, with fee awards approved in similar cases against Anthem and Yahoo totaling $31 million and $30 million, respectively. In those data breach cases, U.S. District Judge Lucy Koh of the Northern District of California questioned the amount of billing and the number of law firms involved. Those same problems exist in the Equifax settlement, Frank said.