A federal appeals court, citing an “egregious” ethical violation, has denied attorney fees to McGuireWoods for its work in obtaining a $49 million settlement of antitrust claims against the publishers of the BAR/BRI bar review course.

The U.S. Court of Appeals for the Ninth Circuit on August 10 upheld a ruling by U.S. District Judge Manuel Real of the Central District of California, who had concluded that failing to disclose to class members that incentive awards based on the settlement’s value would go to named plaintiffs constituted an “egregious breach of McGuireWoods’ ethical duties” under the California Rules of Professional Conduct.