News & Analysis as of

Legal Costs Attorney's Fees

Court Of Chancery Limits Fee Award To Account For Misconduct

by Morris James LLP on

What will the Court of Chancery do when a Petitioner's attorney alters his records to increase the fees sought in an advancement or indemnification case? Here at least the Court disallows the altered fees, rather than barring...more

The Yellow Pages Live On

Calling the district court’s action an “abuse of discretion,” the 11th Circuit reversed a decision that cut by more than 90 percent a successful copyright infringement plaintiff’s request for attorney’s fees and costs. Yellow...more

Attorneys must be precise in representations to court

by Dentons on

On May 19, Judge Andrew Hanen of the US District Court for the Southern District of Texas issued a scathing order criticizing the conduct of several Department of Justice attorneys defending the federal government against a...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

Court Awards Costs But Not Attorneys’ Fees

by Morris James LLP on

Andrews, J. Defendant’s motion for costs and fees is granted as to costs and denied as to fees. Plaintiff filed an unopposed motion to dismiss after defendant’s suppliers had settled with plaintiff. Defendant moved for...more

Food for Thought: Federal Court Says Subway's Sandwiches Must Measure Up

by Carlton Fields on

A federal court judge from the Eastern District of Wisconsin gave preliminary approval to a settlement of the consumer class action lawsuit alleging that Subway deceptively and fraudulently advertised and sold “six-inch and...more

Can I Get My Legal Fees Back for Having to Defend This Case?

by Burr & Forman on

One of the most common questions I get from my clients is whether they can recover their legal expenses for having to defend a meritless case. The short answer is that in most cases, no. That may seem unfair, especially...more

Australia – A New Frontier for Plaintiffs?

With the increasing barriers to successfully prosecuting a securities fraud case in the United States, including the jurisdictional limitations caused by the Morrison decision, institutional investors are sometimes now...more

’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

by Cozen O'Connor on

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

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

by Low, Ball & Lynch on

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

by Morrison & Foerster LLP on

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

Courts Must Show Their Work When Calculating Attorney Fee

by Hinshaw & Culbertson LLP on

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

by Valorem Law Group LLC on

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

8 Ways to Avoid Paying Expensive Legal Fees

by Jaburg Wilk on

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

by BakerHostetler on

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

Attorney’s Fees In Probate

by Jackson Walker on

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

by Valorem Law Group LLC on

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

Government Agrees to Pay $2.5 Million to Settle Contract Dispute

by Nancie G. Marzulla on

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

by Valorem Law Group LLC on

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

by Ballard Spahr LLP on

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

Prevailing Defendant Can Recover Costs in FDCPA Suit Not Filed in Bad Faith, Supreme Court Rules

by Ballard Spahr LLP on

A prevailing defendant in a Fair Debt Collection Practices Act (FDCPA) case can recover costs even without a court finding that the plaintiff filed suit in bad faith and for the purpose of harassment, the U.S. Supreme Court...more

Supreme Court Upholds Prevailing Debt Collectors' Right to Obtain Litigation Costs from Plaintiffs Under the Fair Debt Collection...

by Saul Ewing LLP on

In Marx v. General Revenue Corp., decided on February 26, 2013, the United States Supreme Court, by a margin of 7-2, held that a debt collector sued by a borrower under the Fair Debt Collection Practices Act ("FDCPA") may...more

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