In Holland v. Jachmann, 9 N.E. 3d 340 (Mass. App. Ct. 2014) (No. 13-P-0280), plaintiff prevailed on a claim against defendant under a Massachusetts unfair trade practices statute that, among other things, authorizes the award of attorneys’ fees “incurred in connection with [the] action.” In awarding plaintiff its attorneys’ fees, the trial court included fees for legal work performed by plaintiff’s in-house counsel. A Massachusetts appellate court affirmed the award. Noting that the case presented a novel issue, the court rejected defendant’s argument that fees attributable to in-house counsel were not “incurred,” and therefore not recoverable, because the in-house attorney was a salaried employee who did not bill plaintiff for his services. The court instead held that every hour in-house counsel had spent on the litigation was an hour directed away from other of plaintiff’s legal matters and, in that respect, plaintiff had “incurred” a concrete cost. The court stated that its holding was further supported by the fact that in-house counsel had actively participated in all stages of the case, including trial.