Miller Barondess Represents Former EU Ambassador Gordon Sondland in Landmark Legal Victory Against U.S. Government

Yahoo

01-04-2025

WASHINGTON, April 01, 2025--(BUSINESS WIRE)--Former European Union Ambassador Gordon Sondland and the U.S. government have settled a dispute over attorneys' fees incurred during Sondland's testimony before the U.S. Congress in the 2019 impeachment proceedings against President Trump. The parties previously notified the U.S. Court of Federal Claims of their agreement, and the case has been dismissed with prejudice. Ambassador Sondland is represented by Mark A. Barondess of Miller Barondess, LLP.
The U.S. Court of Federal Claims heard compelling testimony at trial confirming the existence of an oral agreement between Sondland and former Secretary of State Michael Pompeo regarding the payment of Sondland's attorneys' fees arising from his testimony during the impeachment proceedings. Uncontradicted evidence at trial established that Sondland was denied any legal representation by the government in preparation for his historic, globally televised testimony.
The case, Sondland v. United States, Fed. Cl., No. 21-cv-2083, is significant as a rare example of the government being bound to an oral agreement. While the government can be held liable for an oral contract under the Tucker Act (28 U.S.C. § 1491), courts enforce such agreements only under very strict conditions and are generally reluctant to do so unless the facts are unusually compelling.
Testimony at trial further revealed that the State Department had no established policy for covering legal fees for diplomats or other employees testifying before Congress until Sondland asserted his claim. The government subsequently enacted a policy capping legal fees at $300 per hour with a 120-hour limit. However, Sondland's legal fees amounted to approximately $1.8 million due to the scope and international significance of the proceedings.
Following the trial and before closing arguments were scheduled, the government agreed to a seven-figure payment to settle Sondland's claims under the terms he originally proposed before trial. Judge Loren A. Smith stayed the case pending payment to Sondland.
"Ambassador Sondland simply sought to hold the government accountable for the clear and unequivocal commitments made to him by former Secretary of State Pompeo and other State Department officials," said Mark Barondess. He further added, "We clearly proved the facts alleged in our Complaint at trial, and Ambassador Sondland is very pleased that the government recognized that."
About Miller Barondess, LLP:
Miller Barondess, LLP is a Los Angeles-based law firm that specializes in litigation, including trial, arbitration, and appellate proceedings in California and nationwide. The firm represents both plaintiffs and defendants across a wide range of sectors, including private equity, securities, financial services, intellectual property, patents, licensing and branding, technology and cybersecurity, real estate, healthcare, entertainment and music, sports, consumer products, insurance, retail, environmental, and government. With a reputation for winning bet-the-company litigation, the firm is frequently engaged to resolve pivotal issues before trial, and other law firms bring in Miller Barondess when their clients need a trial or appellate team.
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Contacts
Media: Mark A. BarondessMiller Barondess, LLP+1 [e-mail]