Litigation Fees & Costs

News & Analysis as of

Ninth Circuit Shifts “Significant Expense” of Compliance with Third Party Subpoenas to Party Seeking Discovery

The escalating cost of discovery compliance is especially frustrating for non-parties who are subpoenaed for evidence allegedly relevant to litigation in which they have no stake. Responding to a broad subpoena may require...more

The State of the Law on Shifting the Costs of E-Discovery

Though there has been significant price compression in the market over the last several years, the ever increasing volumes of corporate data during that time have seen the costs of e-discovery continuing to rise, while many...more

South Carolina Decision on Allocation of Defense Costs Creates a Trap for the Responsive Insurer

A recent decision by the U.S. District Court in South Carolina confirms the state’s position as an outlier when it comes to whether an insurer that has a duty to defend can require other insurers to contribute to defense...more

Judge Forrest Denies Attorneys’ Fees and Ancillary Electronic Discovery Costs

Rejecting claims that the matter was “exceptional” under 35 U.S.C. § 285 so as to permit the recovery of attorneys’ fees, Judge Forrest declined to award fees incurred between the court’s Markman order and order on summary...more

Real Property, Financial Services & Title Insurance Update

Easements: trial court erred in denying statutory easement or “way of necessity” where owners established all elements pursuant to section 704.01(2), Fla. Stat. – Messer v. Sanders, No. 1D13-3084 (Fla. 1st DCA July 9, 2014)...more

D&O Coverage: The Devil Is In the Details

A five-paragraph opinion by the New York Appellate Division suggests the potentially devastating consequences of ignoring the fine print of Directors & Officers Liability insurance policies. In Associated Community Bancorp.,...more

ONE DAY, ONE TRIAL: Expedited jury trials – an underutilized tool

The lawyer sat there doing the math. Expert costs, jury fees, and a court reporter for a three or four day trial would eat up most of any recovery. But the settlement offer just wasn’t fair for the client. If only there was a...more

AAA Changes the Rules of the Game: Why AAA Arbitration May Be Worth the Cost

According to the American Arbitration Association, "[a]rbitration is a time-tested, cost-effective alternative to litigation . . . . [and] AAA arbitrators possess years of industry-specific knowledge and experience." Most...more

10 Characteristics of an Ideal Managed Services Provider

In our last post, we considered internal factors that organizations should evaluate when deciding whether and how to allocate responsibility for e-discovery between in-house and external resources. However, as they choose the...more

Does Litigating Make Economic Sense?

One of the most important factors to consider when taking a case is whether the cost of litigating is likely to outweigh the gain. Even if the potential clients are willing to pay your fee, you may better serve them by saying...more

Achieve Organizational Goals by Taking a Managed Services Approach to E-Discovery

With data volumes skyrocketing and the costs of litigation following a similar trajectory, organizations are exploring alternative models for managing e-discovery aside from the traditional model of outsourcing parts (or all)...more

Non-Parties And Electronic Discovery: Limiting The Scope And Cost Of Responding To Invasive Rule 45 Subpoenas

“[D]iscovery is by definition invasive [and] parties to a law suit must accept its travails as a natural concomitant of modern civil litigation.” But “[n]on parties have a different set of expectations” and discovery aimed at...more

Amendments to the Federal Rules of Civil Procedure Aim to Reduce the Costs and Burdens of Discovery

Organizations involved in litigation—as well as those navigating their obligation to preserve information for potential litigation—are likely to benefit from the proposed amendments to the Federal Rules of Civil Procedure...more

Settlement Agreements: Forgetting Costs May Cost You in California

DeSaulles v. Community Hospital of the Monterey Peninsula, No. H038184 (May 2, 2014): A California Court of Appeal recently considered the issue of whether one of the parties in a litigation can be considered to be...more

California District Court Rejects Class Action Settlement Due To Fee, Enhancement, and Other Issues

Do your homework before you seek approval of a class action settlement! Meals on airlines have all but disappeared for anyone other than those in first class, but the company Sky Chefs contends on its website that it...more

Message To Companies from DOJ and SEC: Take FCPA Compliance Seriously

Federal regulators have been particularly aggressive in enforcing the Foreign Corrupt Practices Act (FCPA), making it crucial for companies to take anti-corruption training seriously. Beauty products giant Avon...more

Settlement Agreement Silent On "Costs" Leads To Prevailing Party Award

In deSaulles v. Community Hospital of the Monterey Peninsula, 2014 DJDAR 5571 (2014), the California Court of Appeal for the Sixth Appellate District decided that a prevailing party was entitled to costs, despite the fact...more

House Approves Bill Requiring The Executive Branch To Report Fees Awarded To Prevailing Parties

Yesterday, the House of Representatives approved the Open Book on Equal Access to Justice Act (H.R. 2919), which would amend existing law to require the Executive Branch to provide an annual report to Congress on the amount...more

Offers of Judgment – Can They Shift Fees?

A recent Resource Conservation and Recovery Act (“RCRA”) lawsuit may offer some additional guidance on when offers of judgment may cut off a party’s right to recover attorneys’ fees and costs under environmental laws....more

Quality Control Is Job 1

In January, U.S. Magistrate Judge Paul S. Grewal sanctioned Samsung and its law firm for a series of violations involving the disclosure of a document containing confidential information in contravention of the court’s...more

Natural Resources Committee Discusses Endangered Species Act Reform

Earlier this week, the House Natural Resources Committee held a hearing to discuss Endangered Species Act (ESA) reform. The hearing focused on four bills that seek to require data and spending transparency under the ESA....more

Grimes: Another Look at Reliance and Loss Under Pa.'s UTPCPL

The Pennsylvania Supreme Court is taking another look at justifiable reliance and "ascertainable loss" under Pennsylvania's Unfair Trade Practices and Consumer Protection Law (UTPCPL). On Jan. 30, the court granted allocatur...more

Are "pro hac vice" counsel entitled to recover costs?

In Kalitta Air LLC v. Central Texas Airborne System Inc., 2013 DJDAR 16393 (2013), the Ninth Circuit Court of Appeals decided a unique issue which other federal circuits have reached different conclusions on. The main issue...more

CFPB Finalizes Rule on Awards of Expenses, Attorney Fees to Prevailing Parties in Adversary Proceedings

As previously noted on this blog, the Consumer Financial Protection Bureau (CFPB) issued an interim final rule in June 2012 to implement the Equal Access to Justice Act. At the time, the CFPB requested public comment on the...more

What Your Financial Statements Tell your Lender about Your Firm

For personal injury attorneys working on contingency, securing a loan to finance case/trial costs and working capital is a great alternative when compared to partners using their own capital to fund the firm and their cases....more

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