Attorney's Fees

News & Analysis as of

Using ADR to Streamline the Complex Case

Handling complex or “bet the company” litigation in a cost effective and timely manner is often a significant challenge for litigation counsel. These cases frequently have secondary and collateral issues that take on a...more

The High Price Of Trying To Enforce The Unenforceable

Readers of this blog will know that California marches to its own drummer when it comes to the enforceability of covenants not to compete. California Business & Professions Code Section 16600 declares these covenants void...more

Court Of Chancery Explains Fee Award In Appraisal Case

Plaintiffs’ attorneys in representative litigation may obtain awards of fees and expenses when their efforts prove successful and provide benefits to the represented class. This decision explains how the Court of Chancery...more

New Labor Code Section Prevents Employers from Using Out-of-State Choice of Laws Provisions in Contracts with California Employees

On September 27, 2016 Governor Jerry Brown signed a new law impacting the contract rights of California employees. Labor Code Section 925 imposes new limits on contract provisions that seek to impose choice of law and...more

Florida Court Deals Big Blow to Plaintiffs Challenging Rural Electric Cooperatives - Ruling Involved Patronage Capital Case Filed...

Since April 2014, seven cases have been filed in Florida against rural electric cooperatives regarding the distribution of patronage capital. In each of these putative class action cases, the plaintiff – a customer and member...more

Real Property & Title Insurance Update: Week Ending October 7, 2016

Foreclosure: debtor that agreed to “surrender” property in bankruptcy was required to surrender the property to the bankruptcy trustee and secured creditor, and lost right to defend secured creditor’s foreclosure action...more

Employment Alert: "Federal Protection of Trade Secrets - the Defend Trade Secrets Act of 2016"

Earlier this year, Congress passed the Defend Trade Secrets Act ("DTSA"), a comprehensive amendment of existing legislation that previously addressed economic espionage and now provides for a private federal civil cause of...more

Happy Birthday To Me: An Iconic Song Enters The Public Domain After Copyright Settlement

As I turn 50 years old this week, I can’t help but think of the famous Happy Birthday song and the class action that resulted in its entering the public domain earlier this year. The class action plaintiffs in that case...more

Lawsuit Involving IP Protection for a Lamp

Last week a federal lawsuit was filed in Minnesota by Blu Dot to protect alleged intellectual property rights in the floor lamp shown on the left below. The accused “strikingly and confusingly similar” floor lamp shown on the...more

Another Day, Another NLRB Benchslap

And so the saga of the runaway NLRB continues. Last Friday, the D.C. Circuit Court of Appeals, widely recognized as our nation’s leader in administrative law, issued a hard-hitting opinion sharply criticizing the NLRB for its...more

Significant Change in Award of Attorneys’ Fees in Idaho Coming in 2017

On March 1, 2017, the standard for awarding attorneys’ fees in civil actions under Idaho Code § 12-121 will change significantly to allow attorneys’ fees in all civil actions “when justice so requires.” Hoffer v. Shappard,...more

California Bans Out-of-State Law

California has passed a novel piece of employment law. New section 925 of the California Labor Code prohibits employers from requiring employees to sign an agreement that (a) forces the employee to litigate or arbitrate...more

In the Tenth Circuit, Colorado’s On-Going Debate over the “Fairly Debatable” Defense

A recent Tenth Circuit Court of Appeals decision, The Home Loan Investment Co. v. St. Paul Mercury Ins. Co., 827 F.3d 1256 (10th Cir. 2016), demonstrates that, although multiple jurisdictions may recognize similar defenses...more

Litigation Funding Contract Invalidated as Champertous in Pennsylvania

This post does not involve a drug/device case – or even a tort case - but counsel worried about potentially abusive litigation funding should take a look at WFIC, LLC v. Labarre, ___ A.3d ___, 2016 WL 4769436 (Pa. Super....more

Supreme Court Update: Order List (9/26/16)

Greetings, Court fans! It's (still) the first Monday in October, which means the Supreme Court (and the Update) are back in action. Actually, The Eight dug in a bit last week, issuing cert grants from their September...more

Federal Circuit Revisits Willfulness Post Halo

On remand from the Supreme Court’s decision in Halo Elecs., Inc. v. Pulse Elecs., Inc., 136 S. Ct. 1923 (2016), the Federal Circuit recently issued a revised decision in Stryker Corp. v. Zimmer, Inc., No. 2013-1668 (Fed. Cir....more

New Federal Law Protects Trade Secrets

A company’s trade secrets are its lifeblood, but they are valuable only if they remain secret. Faced with a growing rise in theft from foreign hackers, nation states, and rogue employees, trade secret owners now have a new...more

New California Limits on Choice-of-Law and Venue Provisions in Employment Contracts, Including Arbitration Agreements, with...

Recently, Governor Jerry Brown signed S.B. 1241, which addresses choice-of-law and venue provisions in employment contracts that are entered into, modified or extended on or after January 1, 2017. Under the bill, the...more

California prohibits employee agreements providing for out-of-state venue or law

Effective January 1, 2017, employers doing business in California can no longer require, in an employment contract or offer letter, that a California employee bring an employment dispute outside California or have a dispute...more

Another Setback For TCCWNA Plaintiffs: New Jersey Appellate Division Reigns In Interpretation of “Consumer” and “Consumer...

This past year, the plaintiffs’ bar has been aggressively pursuing class action claims under New Jersey’s Truth-in-Consumer Contract and Warranty Notification Act (“TCCWNA”), N.J.S.A. 56:12-14, et seq.—presumably because of...more

Judge Approves LifeLock’s $68M Proposed Settlement with Class and $10.2M with Lawyers

On Tuesday, September 20, 2016, a federal judge in California granted approval of the $68 million settlement between LifeLock and a class of plaintiffs that alleged it made false statements about the services it provides to...more

The Honest Company Faces False Advertising Class Action

Last Tuesday, a class action lawsuit was filed against The Honest Company, Inc. (“THC”) alleging that the “natural” products manufacturer has violated numerous California State false advertising laws. Specifically, the class...more

Are Patent Opinions Again Necessary?

Patent opinions are no longer necessary to avoid an inference at trial that the opinion would have been unfavorable, but, in view of the recent Supreme Court decisions in Halo and Octane Fitness they may be advisable upon...more

New Jersey Court Ruling Raises Price Of Employment Discrimination

Supreme Court Decision Impacts Potential Emotional Distress Damages - On September 19, 2016, the New Jersey Supreme Court upheld a jury’s award of $1.4 million in emotional distress damages to two Hispanic brothers who...more

Court Of Chancery Rejects Fee Application From Litigation Funder

This is a decision worth reading because it so well tells an interesting story. But its legal significance may well be that it holds a litigation funding firm is not entitled to an attorney fee award at least when it does not...more

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