News & Analysis as of

’Tis the Season of Giving, Right?

We all think of December as the season of giving. Unfortunately, prevailing defendants in Title VII cases don’t always feel that way. Under Title VII of the Civil Rights Act of 1964, prevailing plaintiffs enjoy compensatory...more

Goldman Ordered to Advance Defense Fees for Former Employee Accused of Stealing Computer Codes

On October 16, 2013, the U.S. District Court for the District of New Jersey, in Aleynikov v. The Goldman Sachs Group, Inc., found that a former vice president and computer programmer was an “officer” of Goldman Sachs & Co.,...more

October 2013 Bonus Case Summaries: West Virginia: Defendants’ Spoliation Warrants Costs and Fees

Clay v. Consol Pennsylvania Coal Co. LLC, 2013 WL 4854746 (N.D.W. Va. Sept. 11, 2013). In this racial discrimination case, the plaintiff moved for spoliation sanctions after the defendants failed to provide plaintiff with...more

Managing Litigation Cost - Florida's Expedited Foreclosure Procedure

This article is the final article of a series and is excerpted from my book entitled Mortgage Foreclosure and Loan Collection: A Practical Guide for Lenders which is now available at Amazon.com. Here, we discuss Florida’s...more

Life Insurance Company that Filed Interpleader Action to Determine How to Proceed With Benefits Resulting From a Homicide is...

In Farmers New World Life Insurance Company v. Rees (--- Cal.Rptr.3d ----, Cal.App. 2 Dist., August 30, 2013), a California court of appeal considered whether a life insurance company that delayed paying benefits to the...more

A Midsummer Night’s Dream? Not So Much, For California Employers: Two New Employee-Friendly Bills Are Signed by Governor Brown

Even in the summer months, the California legislature is busy changing the laws that affect the state’s employers. This summer, California’s governor signed into law two bills that should be of interest to all employers—one...more

Weekly Law Resume - July 18, 2013: Insurance Coverage – Attempted Recovery of Independent Counsel Fees

J.R. Marketing, L.L.C. et al. v. Hartford Casualty Insurance Company - Court of Appeal, First District (June 11, 2013) - Under the Independent Counsel provisions of Civil Code Section 2860, a carrier that defends...more

Dispute Resolution Multi-Jurisdictional Guide 2013/14 Country Q&A: Japan

MAIN DISPUTE RESOLUTION METHODS - 1. What are the main dispute resolution methods used in your jurisdiction to settle large commercial disputes? Litigation -- Litigation is the most frequently used...more

Medical Malpractice Claims: Not What You Think

The American legal system is legendary. Receive a minor injury in a car accident, settle for lots of money. The habitual use of the legal system to obtain big compensation for small injuries has sucked the medical system...more

Colorado AG Investigating Foreclosure Law Firm Fees

On July 11, the Denver Post reported that Colorado Attorney General (AG) John Suthers is investigating whether foreclosure law firms are inflating fees that are added to the cost of the foreclosure and mortgage balance, and...more

Courts Must Show Their Work When Calculating Attorney Fee

In Barnard v. Theobald the Ninth Circuit Court of Appeals ruled that the district court abused its discretion when it reduced the amount of attorney’s fee by 40 percent without explaining why a 40 percent reduction is...more

It’s hard to make this stuff up

Michael Rynowecer writes as “The Mad Clientist” and his latest post, Outtakes for the Client Service Laboratory makes you wonder just what kind of drug-induced haze so many seem to live in. Take these two examples...more

Rogers Towers: Managing Litigation Cost: Pre-Lawsuit File Review

In today’s environment, clients are more cost-conscious than ever and this is in direct conflict with the ever-increasing cost of litigation. There are, however, some common sense ways in which a case can be managed in order...more

8 Ways to Avoid Paying Expensive Legal Fees

Meeting new people at a cocktail party and telling them that I'm a lawyer frequently generates disdain. The experience that most people have had with lawyers is in connection with their divorce or a business litigation...more

Recent Updates on Reimbursing Creditors' Legal Fees Under a Chapter 11 Plan

Unsecured creditors in chapter 11 cases face the prospect of two financial blows: the possibility of not receiving full payment of their claims and the cost of attorney's fees for defending their interests....more

How Venture Capitalists Keep Attorneys' Fees Down

Venture capitalists are among my favorite clients. Whether the client is the firm or an individual or a portfolio company, they are often very good at keeping litigation costs down, relatively speaking. Here's how they do...more

Attorney’s Fees In Probate

Litigating disputes in probate matters is just as expensive and time-consuming as litigation in other types of cases. However, because most probate lawyers do not handle contested matters in probate courts on a regular basis,...more

Hugely successful GC on the role of Value Fees in highly successful law departments

With his permission, I want to share with you a note I received from Ken Grady, the former General Counsel of Wolverine World Wide, Inc. and architect of the astonishingly successful Wolverine law department and its...more

Senior Housing Capital, LLC v. SHP Senior Housing Fund, LLC, C.A. No. 4586-CS (Del. Ch. May 13, 2013) (Strine, C.)

In this memorandum opinion, the Court of Chancery awarded the plaintiff substantial payments, pre-judgment interest and attorneys’ fees and costs. Plaintiffs, entities that managed and invested in a fund that owned...more

Rogers Towers: Post-Judgment Recovery of Attorney’s Fees and Costs

One of the issues faced by a judgment creditor in pursuing collection of the judgment is the amount of attorney’s fees and costs that will be incurred in the collection efforts. They can be substantial and are generally not...more

Costs and Attorney Fees Awarded In the Same Action in Idaho

In Employers Mutual Casualty Co. v. Donnelly, No. — P.3d —-, 2013 WL 1693661 (Idaho Apr. 19, 2013), a majority of the Idaho Supreme Court affirmed a declaratory judgment action decision that an insurer was required to pay...more

Government Agrees to Pay $2.5 Million to Settle Contract Dispute

On April 24, 2013, the United States agreed to settle a breach of contract lawsuit, International Industrial Park, Inc. v. United States, Case No. 09-691C, stipulating to the entry of final judgment and to payment of...more

The Premise of Pricing

I am frequently asked how I go about pricing the handling of a lawsuit. I am always tempted to answer with the old line, “I could tell you but then I’d have to kill you.” My real answer goes something like this: “Before...more

California Federal Court Awards Millions for Predictive Coding Costs in Document Review

A federal court in California recently awarded defendants in a patent infringement case more than $2.8 million in attorneys’ fees relating to the use of “predictive coding,” also known as “computer-assisted technology,” to...more

Congress to Consider New 'Patent Troll' Legislation

On February 27, Congressional Representatives Peter DeFazio, D-Oregon, and Jason Chaffetz, R-Utah, introduced a proposed bill intended to curb litigation initiated by Non-Practicing Entities (NPEs), or “patent trolls.” NPE...more

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