While I'd love a percentage based fee, this is a damages suit, so it should be actual damages these people are owed, as determined by the court. A percentage just doesn't make sense here unless punitive damages were also on the table.

In principle I agree, though, breaking the law should not be an affordable "cost of doing business".

These companies shift gains and losses around so much that they would evade any punishment

Are you basically saying 'When will corporations stop profit seeking?'

Because the answer to that is 'never by choice'.