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Apparently Quinn Emanuel Urquhart & Sullivan is not alone in its quest for legal fees from Cameron and Tyler Winklevoss in the twins’ long-running blood feud with Facebook Inc. Finnegan, Henderson, Farabow, Garrett & Dunner was the Winklevosses’ original counsel in their 2004 Boston federal district court trade secrets case against Facebook and its founder Mark Zuckerberg. The twins and a Harvard classmate, Divya Nirenda, claimed that Zuckerberg stole the idea for Facebook from their inchoate social networking site, ConnectU. Both Finnegan and Quinn Emanuel were counsel to the ConnectU founders in their February 2008 settlement with Facebook, which at the time was worth a reported $65 million but may now be worth as much as $150 million. Last week Finnegan filed an attorneys’ lien against the proceeds of the settlement, which, as we’ve reported, the Winklevosses have asked the U.S. Court of Appeals for the Ninth Circuit to void, claiming they were misled about the value of the private Facebook shares that comprise a big chunk of their payout. In the lien, Finnegan has staked a claim to fees in both the original Massachusetts case and the San Jose federal district court action Facebook filed to enforce the settlement after the Winklevosses first tried to wriggle out of it. “Finnegan’s lien is claimed for the purpose of securing payment of attorneys’ fees earned, and costs and expenses incurred,” the firm’s lawyers from Zuckerman Spaeder wrote in the Jan. 19 lien, filed in San Jose federal district court. Quinn Emanuel’s well-documented fee dispute with the contentious Winklevosses also began with an an attorneys’ lien, which Quinn filed back in April 2008. The firm later won an arbitration against the Winklevosses to enforce its contingency fee of 20 percent, or $13 million, despite the twins’ assertion of malpractice claims against Quinn Emanuel. In November, Manhattan state supreme court justice Richard Lowe III confirmed the award, although San Jose federal district court judge James Ware, who’s overseeing Facebook’s case to enforce the ConnectU settlement, has since ruled the $13 million must remain in escrow until the Ninth Circuit rules on the Winklevosses’ appeal. Judge Ware disqualified Finnegan from continuing to represent the Winklevosses in September 2009, after Facebook acquired ConnectU in the settlement of the Massachusetts trade secrets case. Finnegan subsequently moved to withdraw as counsel to the Winklevosses and Narenda in the Massachusetts litigation in January 2010. Thomas Mason, who chairs Zuckerman Spaeder’s legal profession and ethics practice, filed Finnegan Henderson’s attorneys’ lien. He did not respond to a request for comment. Nor did John Hornick, the Finnegan partner who was lead counsel for ConnectU in the Massachusetts case. Jerome Falk of Howard Rice Nemerovski Canady Falk & Rabkin, who represents the Winklevosses in the Ninth Circuit appeal, said he had “no information or comment” about the lien.

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