Microsoft Legal and Corporate Affairs Task and Expense codes

Expense and task codes are critical to LCA’s analysis and management of fees and expenses. The task and expense codes detailed in the following pages must be used when required as follows:

SUMMARY Fee & Expenses Invoices

In some situations it is appropriate for vendors to provide summary billing information on invoices submitted through TyMetrix’s T360 e-billing system. Where it is appropriate to provide summary information, vendors should have received positive confirmation from LCA’s Business Support Team () that they may use this summary invoicing method. Summary Fee and Expense invoices are submitted by vendors using the “Create Manual Invoice” process in T360 which requires you to fill out a Summary Fee and Expense template.

The Summary Fee and Expense invoice includes one line item for fees (no task code), and another line item for reimbursable expenses (no expense code). While no billing details are required on the face of the Summary Fee and Expense invoice, an image of an invoice or other document (e.g. Word document) containing all the required task and expense codes and other supporting documentation (e.g. for hourly billing you need timekeeper name, hours billed, hourly rate, date(s) of service, total billed and work description) is required to be attached to the Summary Fee and Expense invoice. You should consult with TyMetrix if you don’t know how to attach an image to an invoice. Any Summary Fee and Expense invoices that do not include the appropriate images are subject to rejection or adjustment.

DETAILED Fee & Expense Invoices

Detailed Fee and Expense invoices are either submitted automatically from your time and billing system using a direct LEDES (Legal Electronic Data Exchange Standard) format, OR manually using a template which you must select, based on the Work Area of the matter. Specific Work Areas include Litigation, Patent, Trademark, Copyright, Immigration and Bankruptcy matters. If your work does not involve any of these work areas, you would use the Simple Fees and Expense manual invoice template.

Please note that we do not allow the use of the Standard “C” and “P” LEDES task codes as we don’t use this data. Firms who previously (before July 1, 2011) used the “C” and “P” codes or NO task code at all should now use the generic H100Q task code. Also, firms billing on antipiracy matters should NOT use the Litigation task codes (LXXXQ). Also, please note that detailed invoices always require a task code and an activity code. You should ALWAYS use the activity code A111 – Other when you use ANY task code.

ACTIVITY Code

You must use ONLY activity code, A111 – Other, whenever you submit a line entry with a task code. Use of an activity code is required by the TyMetrix T3600 system.

The categories of task and expense codes are listed below. Click the underlined link to go to the section of this document that contains the detailed list of task codes you should use in each task code category.

·  Task Codes – Alternative Fixed Arrangements

·  F100 – Alternative Fee Arrangements

·  F120 – Contingency/Performance Fees (CP’s)

·  F200 – Hourly Fee Adjustment

·  Task Codes – General Hourly Work

·  H100Q – General Hourly work

·  Task Codes – Litigation (LXXXQ)

·  L200Q – Pre-Trial Pleadings and Motions

·  L300Q – Discovery

·  L400Q – Trial Preparation and Trial

·  L500Q – Appeal

·  L600Q – Early Case Assessment

·  L700Q – Technical Analysis

·  L800Q – Class Certification

·  Task Codes – Bankruptcy

·  B100 – Administration

·  B200 – Operations

·  B300 – Claims and Plan

·  B400 – Bankruptcy Related Advice

·  Task Codes – Patents

·  N100 – Domestic Patent Professional Fees

·  N200 – International Patent Professional Fees

·  N400 – Portfolio Analysis

·  N500 – Conflicts

·  Task Codes – Trademarks and Copyright

·  TM100 – Trademark Clearance Professional Fees

·  TM200 – Trademark Prosecution Professional Fees

·  TM300 – Trademark Conflict Professional Fees

·  TM400 – Trademark Licensing Professional Fees

·  CR100 – Copyright Professional Fees

·  Task Codes – Immigration

·  IM100 – Immigration

·  Expense Codes

·  E100 – Standard

·  E200 – Domestic Patent Applications

·  E220 – International Patent Applications

·  E300 – Trademark Clearance

·  E320 – Trademark Prosecution

·  E340 – Trademark Conflict

·  E360 – Trademark Licensing

·  E380 – Copyright

Task Codes for E-Billing – Alternative Fee Arrangements
TASK CODE # / DEFINITIONS/LIMITATIONS
Task-Based Billing – Alternative Fees Code Set
Invoicing Alternative Fee Arrangements.
F100 / Alternative Fee Arrangements (AFA’s). Fees not charged on the basis of hourly rates (other than Immigration, Patent and Trademark fees which have their own fixed fee code set) for timekeepers (e.g., retainers, fixed fees per project or phase, fixed per unit charges).. AFA’s must be agreed upon in writing in advance with the LCA Lead and are typically documented in the form of a confirming agreement, e-mail or letter from the LCA attorney. Do not include timekeeper billing information (TK ID, hours, rate, etc.) with the F100 code or your invoice will be rejected.
F120 / Contingency/Performance Fees (CP’s). Fees whose payment is conditional upon specified deliverables/milestones or performance measures, such as settlement of antipiracy cases or litigation case performance bonuses. CP fees are not paid if deliverables/milestones or performance measures are not met. CP’s must be agreed upon in writing in advance with the LCA Lead and are typically documented in the form of a confirming agreement, e-mail or letter from the LCA attorney.
F200 / Hourly Fee Adjustment. Task code to record adjustments to hourly fees. Requires LCA Procurement Approval.
Task Codes for E-Billing – General Hourly work
TASK CODE # / DEFINITIONS/LIMITATIONS
H100Q / General Hourly work. Generic task code to describe hourly work of a more general nature (not litigation, patent, immigration, or bankruptcy). If you previously use the standard LEDES “C” or “P” codes or no code at all for hourly work, you should now use this task code.
Task Codes for E-Billing - Litigation
TASK CODE # / DEFINITIONS/LIMITATIONS
Pre-Trial Pleadings and Motions Covers all pleadings and all pretrial motions and procedures other than discovery and class certification.
Task-Based Billing - Litigation Code Set
L201Q / Pre-Trial Pleadings & Motions. Researching, drafting, editing, and filing all pleadings/motions except discovery, class certification, summary judgment and appellate pleadings for which there are separate task codes -- see below) prior to trial -- e.g., Motions to Dismiss/Demur, Motions to Strike, Motions to Stay, Motions to Consolidate, to Bifurcate, to Remand, to Compel arbitration, Motions for MDL treatment, for Change of Venue, other jurisdictional motions and other Motions not set forth in the specific codes below. Includes preparation of Affidavits, Declarations and Exhibits to be filed with these pleadings. Includes reviewing complaints, answers, counter-claims, and third-party complaints.
L207Q / Case Assessment & Development/Client Updates. Pre-approved research and/or analysis of issues and/or claims and memos or communication to the LCA team regarding same. Routine status updates of case events. Collection and review of documents separate and apart from formal discovery. Meetings or conference calls with Microsoft employees and the Microsoft legal team to obtain factual background information.
L220Q / Preliminary Injunctions/Provisional Remedies. Developing and discussing strategy for these remedies, preparing motions, oppositions, affidavits, declarations and briefs, reviewing opponent's papers, preparing for and attending court hearings, preparing witnesses for the hearing, and effectuating the remedy.
L235Q / Hearings/Appearances/Court Mandated Conferences. Preparing for and attending hearings in the case. Determination of who shall appear at each hearing on behalf of Microsoft shall be made by the LCA attorney managing the matter in conjunction with outside counsel. Preparing for and attending conferences required by court order or procedural rules (including Rule 16 sessions).
L240Q / Summary Judgment Motions. Developing and discussing strategy for or opposing motions for judgment on the pleadings and motions for complete or partial summary judgment, preparing briefs, affidavits, declarations, reviewing opponent's briefs, defensive motions (e.g., motion to strike affidavit testimony, Rule 56(f) motion), and preparing for and attending the summary judgment hearing(s).
L245Q / Alternative Dispute Resolution. Preparing for and attending arbitration, mediation and settlement conferences. Determination of who shall attend these events shall be made in advance by the LCA attorney managing the matter. Includes selection of mediator/arbitrator.
L255Q / Markman/Claims Construction/Tutorials. Developing claim construction strategy. Creation and revision of demonstratives and other materials used at Markman hearing andtutorial. Preparation for Markman hearing oral argument, preparation for tutorial presentation, and preparation of witnesses for both/either (if necessary).
Discovery
Task-Based Billing - Litigation Code Set
L307Q / Case Assessment & Development/Client Updates. Pre-approved research and/or analysis of issues and/or claims and memos or communication to the LCA team regarding same. Routine status updates of case events. Collection and review of documents separate and apart from formal discovery. Meetings or conference calls with Microsoft employees and the Microsoft legal team to obtain factual background information.
L310Q / Written Discovery. Drafting, negotiating scope, responding to, objecting to interrogatories, requests for production, requests for admission and third party subpoenas. Includes meet-and-confer sessions. Also covers mandatory written disclosures as under Rule 26(a). Drafting and finalizing written discovery to be served on opposing or third parties. Motions relating to discovery fall into this task code (e.g., Motions to Compel).
L315Q / Protective Orders. Drafting and negotiating the scope of Protective Orders for documents and information produced by either side in response to discovery requests.
L320Q / Document Production. Includes all aspects associated with the identification, preservation, collection, processing, review and production of documents to opposing counsel, third parties and Microsoft’s own counsel.Preparation of Privilege Logs and work associated with same is Task L360.Managing the document review process of any third-party vendor retained to perform this task (e.g., data hosts, review platforms, tiff file conversion, image branding, preparation of load files for production), including retaining the vendor and working with LCA to respond to all questions by the vendor. (NOTE: No e-Discovery vendors should be retained without input from Litigation.)
L325Q / Witness Interviews. Preparation for and interview of witnesses to assist in the lawsuit. This includes reviewing documents, drafting an interview outline and participating in the interview. Attendance by more than one outside counsel in or at a witness interview must be approved in advance by the LCA attorney managing the matter.
L330Q / Depositions. All work concerning depositions, including determining the deponents and the timing and sequence of depositions, preparing deposition notices and subpoenas, communicating with opposing or other party's counsel on scheduling and logistics, planning for and preparing to take the depositions (court reporters and videographers), discussing deposition strategy, preparing witnesses, reviewing documents for deposition preparation, attending depositions and drafting any deposition summaries. This is meant to include both taking and defending depositions.
L340Q / Expert Discovery. All work to identify /prepare /meet /depose /defend and author reports for experts (both consulting and testifying experts).
L350Q / Discovery Motions. Developing, responding to, and arguing all motions that arise out of the discovery process. Includes the protective order process and Motions to Compel, Motions for Protective Order, Motions to Quash, etc.
L360Q / Privilege Log. Review of potentially privileged documents and preparation and revision of Privilege Log. Responding to all questions or challenges relating to claims of Attorney/Client Privilege and/or Work Product Privilege. Managing the Privilege review done by any third party vendor retained to perform such review including responding to questions about privilege and assisting in final determination of privilege designation as needed.
L390Q / Other Discovery. Less frequently used forms of discovery, such as medical examinations and on-site inspections.
Trial Preparation and Trial - Trial Preparation commences when outside counsel and client determine that trial is sufficiently likely and imminent so that the process of actually preparing for trial begins. It continues through the trial and post-trial proceedings in the trial court. Once trial begins, attorneys /paralegals that appear in court presumptively should bill their time to L450 Trial and Hearing Attendance. Litigation work outside the courtroom during this phase (e.g., evenings, weekends, and the time of other attorneys and support counsel), should continue to be classified using other L400 Tasks.
Task-Based Billing - Litigation Code Set
L401Q / Trial Preparation & Trial Budget. Determining the trial team, budget, logistics requirements, witnesses and exhibits for the matter and communication with the LCA team regarding same. Includes preparing opening and closing arguments.
L407Q / Case Assessment & Development/Client Updates. Pre-approved research and/or analysis of issues and/or claims and memos or communication to the LCA team regarding same. Routine status updates of case events. Collection and review of documents separate and apart from formal discovery. Meetings or conference calls with Microsoft employees and the Microsoft legal team to obtain factual background information.
L410Q / Fact Witnesses. Preparing for examination and cross-examination of non-expert witnesses.
L420Q / Expert Witnesses. Preparing for examination and cross-examination of expert witnesses.
L430Q / Written Motions/Submissions. Drafting, responding to, and arguing written motions during preparation for trial, such as motions in limine and motions to strike evidence. Also includes developing other written pre-trial and trial filings, such as jury instructions, witness lists, proposed findings of fact and conclusions of law, and trial briefs.
L435Q / Alternative Dispute Resolution (ADR). Drafting submissions to ADR body, including communications with ADR body, opposing counsel and Microsoft related to same. Participation in ADR sessions. Attendance by more than one attorney at ADR session must be approved in advance by LCA lead attorney managing the matter.
L445Q / Jury Consultants/Mock Trials. Participate in decision whether or not to hire jury consultants and the scope of work. Preparation for and participation in mock exercises. Attendance at mock trial or other consultant activities must be approved in advance by LCA lead attorney managing the matter.
L447Q / Demonstratives. Developing in the selection and creation of demonstrative exhibits for trial. Discussions related to hiring of third-party vendors to assist in creation of demonstrative exhibits.