News & Analysis as of

Cost-Shifting

Commercial Division Reprimands Lawyer for Misconduct in Deposition

On August 25, 2017, Justice Shirley Werner Kornreich of the New York Commercial Division entered an order reprimanding a high-profile lawyer, Mark Geragos, for misconduct during a deposition, including refusing to answer...more

After Failing to Consult With Client, Counsel Ordered to Pay 60% of Discovery

by Zapproved LLC on

Judge Shifts Costs to Counsel in Employment Discrimination Case - Bailey v. Brookdale Univ. Hosp. Med. Ctr., No. C 16-2195 (ADS) (AKT), 2017 WL 2616957 (E.D.N.Y. June 16, 2017). In this employment discrimination case,...more

Defendant Loses Cost-Shifting Motion in Discrimination Lawsuit

by Zapproved LLC on

Court Denied Defendant Cost-Shifting in Discrimination Lawsuit - Hawa v. Coatesville Area Sch. Dist., No. 15-4828, 2017 WL 1021026 (E.D. Pa. Mar. 16, 2017). In this employment discrimination lawsuit, the court denied...more

Court Shifts Costs of Forensic Computer Exam to Plaintiff for Not Preserving Emails

by Zapproved LLC on

Estate of Shaw v. Marcus, Nos. 14 Civ. 3849 (NSR) (JCM), 14 Civ. 5653 (NSR) (JCM), 2017 WL 825317 (S.D.N.Y. Mar. 1, 2017). In this complex dispute over a family business, the court redressed the plaintiff’s former...more

Cost Shifting Ordered Due to Inadequate Meet and Confer

by BakerHostetler on

Discovery is not about gamesmanship, and parties are expected to engage in meaningful negotiation about the terms of discovery agreements. That is the message from Judge A. Kathleen Tomlinson of the Eastern District of New...more

Special Edition: Key BCRA Policy Concerns

Congressional action on repeal and replace took a number of significant turns in the past few days, and next steps still remain uncertain. On Monday evening, Senators Mike Lee (R-UT) and Jerry Moran (R-KS) joined Senators...more

The E-Discovery Digest - June 2017

The seventh edition of The E-Discovery Digest focuses on recent decisions addressing the scope and application of the attorney-client privilege and work-product doctrine, spoliation, and discovery responses....more

Court Awards Plaintiff Costs and Fees in Class-Action Against Angie’s List

by Zapproved LLC on

In Williams v. Angie’s List, Inc., No. 1:16-cv-00878-WTL-MJD (S.D. Ind. Apr. 10, 2017), the court finds that information ‘possessed’ by a party is subject to e-discovery. In this class-action employment case, the court...more

Section 998 Update - What every lawyer should know about the latest interpretations of California's cost-shifting settlement...

Given the fact that the vast majority of litigated cases eventually settle, it makes sense to posture your client to be in the best position to cause that result to materialize, and to be in a good position if it doesn’t. ...more

"The E-Discovery Digest - June 2016"

The fourth edition of The E-Discovery Digest focuses on recent decisions addressing the scope and application of the attorney-client privilege and work-product doctrine, spoliation, cost shifting and other e-discovery...more

The Future European Patent System: Update on the Latest News - Spring 2016

by WilmerHale on

With the ninth Contracting State having ratified the EU Unified Patent Court Agreement, the commencement of the Unified Patent Court is approaching. We report on the latest news, including an announcement about opt-outs, and...more

Insurer’s Attempt to Shift Cost of Defense to Another Insurer Found Void as to Public Policy

While construction can sometimes be risky, construction litigation is almost always expensive. This volatile mix of risk and expense has made risk shifting, through indemnity and insurance, a primary goal and concern by those...more

How to Maximize Legal Fee Recovery in English Litigation

by Kobre & Kim on

It is well known that in English courts, the losing litigant is at risk of being ordered to pay up to 90% of the winner’s legal costs, known as “costs shifting”. Less well-known but strategically important is the fact that...more

North Carolina Rejects Third-Party Sales of Solar-Generated Electricity

The North Carolina Utilities Commission recently ruled that third-party sales of solar-generated electricity violate state law. The Commission rejected a test case brought by an advocacy group seeking to legitimize such...more

The E-Discovery Digest - February 2016

This is the third edition of The E-Discovery Digest, a periodic publication on notable decisions relating to key discovery topics. It is designed to keep clients up to date on the evolving state of the law regarding discovery...more

Construction Law Advisory - December 2015

Use of Drones Increasing in Construction Industry - Affordable and easy-to-fly, small unmanned aircraft systems (sUAS), commonly referred to as “drones,” now are widely available for consumer purchase and use. Companies...more

Santee Cooper sets solar standby charge

by PretiFlaherty on

The board of South Carolina's state-owned electric utility has approved a plan to increase retail rates and -- controversially -- add new charges for customers who install solar panels. Santee Cooper is South Carolina's...more

2015 amendments to the Federal Rules of Civil Procedure now in effect

by McAfee & Taft on

Amendments to the Federal Rules of Civil Procedure went into effect December 1. The rules committee’s objectives behind the amendments were to (1) reduce delay, (2) encourage judges to get more involved, (3) clarify the scope...more

The E-Discovery Digest - October 2015

In This Issue: - Attorney-Client Privilege/Work Product Decisions: ..Decisions Protecting Against Disclosure ..Decisions Ordering Disclosure Other - Spoliation Decisions: ..Spoliation Sanctions...more

Policy and Legal Implications of Implementing Renewable Energy at Scale: To DG or Not to DG – That’s The Question (Part 5 of 6)

The Problem: To DG or Not to DG – That’s The Question: The rapid growth of distributed generation (DG) over the past two years is expected to continue: as of 2013, the U.S. installed one PV solar system every four...more

Global Private Equity Newsletter - Fall 2015 Edition: The Summer Budget – Changes to the UK Tax Treatment of Carried Interest

by Dechert LLP on

The Chancellor of the Exchequer’s recent Summer Budget and the related legislation introduced a series of unexpected tax changes along with the promise of further changes to come. Shortly after the Summer Budget was issued...more

CPUC Likely to Hold Verizon Responsible for its Share of Costs Related to Underground Communications Facilities

by Best Best & Krieger LLP on

The California Public Utilities Commission will decide whether Verizon is improperly shifting costs to California cities by refusing to pay its share of expenses related to the installation of underground service facilities....more

Changes in the UK Tax Treatment of Carried Interest

by Morrison & Foerster LLP on

In the recent Summer Budget, the Chancellor announced that with immediate effect, there would be changes to the way that carried interest is taxed. In technical terms, the “base cost shift” which enabled an investment manager...more

Does Delaware’s New Telemedicine Law Foreshadow Broader Payment Parity?

by Foley & Lardner LLP on

Nationwide, states continue to enact laws requiring commercial health plans to cover medical services provided via telemedicine to the same extent they cover medical services provided in-person. These laws are intended to...more

UK Summer Budget 2015 – Key Issues for Asset Managers and Non-UK Domiciled Individuals

by Proskauer Rose LLP on

On 8th July 2015, the UK Government announced several changes to UK tax legislation that will affect those holding carried interest in fund structures which utilise at least one partnership (including a limited partnership),...more

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