Citibank v. Nevares

Background

The court had previously issued a temporary restraining order barring De Nevares from taking certain actions affecting the parties’ underlying dispute. On December 17, 2021, the court held De Nevares in contempt for violating that order and required him to withdraw from a request for clarification filed in an Argentine labor court. The court later found that De Nevares had complied with the contempt order and did not require additional proof or further efforts concerning compliance.

Citibank Argentina then sought attorney’s fees and costs for prosecuting the contempt matter and investigating De Nevares’s compliance. It requested $88,805.97, supported by billing records and a declaration from its attorney. De Nevares opposed the request, arguing that his conduct was not willful, that the hourly rates and number of hours were unreasonable, and that Citibank Argentina had not shown that it received or paid the invoices.

Court’s analysis

The court explained that reasonable attorney’s fees and costs may be awarded as compensation for contemptuous conduct. It reaffirmed its earlier finding that De Nevares’s contempt was willful. The court found that the restraining order was clear, that the violation was established, and that De Nevares had not made a diligent effort to comply in a reasonable manner. The court therefore concluded that his willful contempt strongly supported awarding fees and costs.

The court found reasonable the hourly rates charged by attorneys from Pillsbury Winthrop Shaw Pittman LLP, including rates of $570 and $656.26 per hour for an associate and $971.25 and $1,020 per hour for a partner. It also found reasonable the 113.15 hours billed. The court allowed time spent responding to De Nevares’s letter and preparing an order-to-show-cause motion that was never formally filed because the substance of the proposed motion was presented in shortened form and helped reduce the work required for the filed letter motion.

The court rejected De Nevares’s arguments that the billing was excessive or that Citibank Argentina had to prove formal engagement or payment of the fees. It concluded that the billing records were sufficiently detailed and that the work was reasonable given the case’s complexity and international-law issues.

Disposition

The court ordered Alejandro De Nevares to pay The branch of Citibank, N.A. established in the Republic of Argentina $85,729.06 in attorney’s fees and $3,076.91 in expenses, totaling $88,805.97. The court also ordered the clerk to close the case.