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THE PAPER CHASE
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In Walid c. Compagnie Nationale Royal Air Maroc, 2024 QCCS 2674, the Superior Court of Quebec refused to approve a settlement agreement because Class Counsel’s fees were unreasonable and excessive, even though the settlement...more
The Texas Supreme Court held that, while permitted in certain limited circumstances, a school district cannot pay a contingent fee to an attorney to litigate its challenge to increase the appraised value of property. Pecos...more
Scott Seaman—Chicago-based partner and co-chair of Hinshaw's Global Insurance Services Practice Group—hosts Miami-based Hinshaw partner Daniel Shatz in a discussion about new Florida legislation, which aims to address the...more
Ninth Circuit Resurrects California’s Anti-Arbitration Statute - Chamber of Commerce of the U.S.A. v. Bonta, 13 F.4th 766 (9th Cir. 2021) - The Ninth Circuit Court of Appeals reversed in part a 2020 preliminary...more
The Facts The plaintiffs in two separate class actions (Fox v Westpac Banking Corporation & Anor (Fox) and Crawford v Australia and New Zealand Banking Group Ltd & Ors (Crawford)) sought GCOs from the court pursuant to the...more
Rule 1.5(c) of the North Carolina Rules of Professional Conduct provides protection to clients with its requirement that “[a] contingent fee arrangement shall be in a writing signed by the client.” In Rossabi Law PLLC v....more
In Zuberi v Lexlaw, the Court of Appeal held that “damages-based agreement” should be construed narrowly, comprising only the particular provisions of a retainer dealing with payments out of recoveries, not the retainer as a...more
Despite a recent decision expanding the traditional notions of recoverable attorney’s fees in workers’ compensation cases, the court still maintains protections for defendants with respect to the assessment of attorney’s fees...more
THE PAPER CHASE - Using the Loan Method of Split Dollar as an alternative to attorney fee deferrals. 1) Defer fees. 2) Once deferred convert fees into tax free income. 3) Reposition in a Structured Settlement Life Insurance...more
Nowotny On Death and Taxes, podcast episode #19, focuses on using deferred contingency fees and how they can be strategically repositioned through the Loan Method of Split Dollar to provide more tax efficient benefits for...more
Scot Vandenberg v. RQM, LLC, 2020 IL App (1st) 190544 - Brief Summary - An Illinois appellate court affirmed the adjudication of a firm's attorney's liens down to zero, where the discharged firm failed to provide any...more
Significant state tax legislation will move forward through the Georgia General Assembly. “Crossover Day” was Thursday, March 11 - the 28th legislative day of 40 total legislative days - the day by which all bills must have...more
Obtaining an award of attorneys’ fees might be the final step in a long-waged litigation battle but to do so successfully requires careful planning and diligence from the outset of a case. The Texas Supreme Court recently...more
The thought of attorney’s fees can strike fear in even the most brave and confident business person. This is because the law is one of the few fields where you may ask for services and agree to pay for them while not knowing...more
Litigation funders are well aware that half of the potential market is largely untapped. Clients would prefer to focus on their business rather than litigation, and offload some or all of their defense costs to a third-party....more
The Ontario Superior Court of Justice has added to its growing collection of cases that increase court scrutiny over litigation funding and contingency fee arrangements. In Houle v St Jude Medical Inc, 2017 ONSC 5129 [Houle]...more
The decision of the Ontario Court of Appeal in Hodge v Neinstein, 2017 ONCA 494 [Hodge], released on June 15, 2017, was surprising with respect to its treatment of the balance between common and individual issues in a class...more
On April 20, 2016, the 1st District Court of Appeals fired the most significant shot in years at controversial attorney fee restrictions in Florida. In 2003, the Florida State Workers' Compensation Statute placed strict...more
Attorneys cannot double dip on contingency fees to settle third party liens or claims. In Ethics Opinion RO-2015-01, the Disciplinary Commission of the Alabama State Bar addressed whether or not a lawyer representing a...more
The New York State Court of Appeals has ruled that a contingency fee agreement that netted Graubard Miller $44 million for five months' work was valid and enforceable. According to the court, the law firm took substantial...more
Property owners are routinely hiring attorneys well in advance of a public agency's filing of an eminent domain action. Many times, the representation begins before it is even certain whether the agency will actually move...more
The Court of Appeals in February 2011 ordered Judge Jolly to dissolve Mitchell, Brewer, Richardson, Adams, Burge & Boughman, a law firm organized as a member-managed professional limited liability company. The dissolution was...more