News & Analysis as of

Litigation Fees & Costs

Financing arbitration: Someone wants to pay your legal bills

Arbitration is quicker and more cost-effective than court. And no one likes paying legal bills. Life can be strange, however, and, in the arbitration context, perhaps neither of these “truisms” stands up any longer. It is...more

When the costs of litigation catch up with delinquent state actors

by Hogan Lovells on

In July last year the Labour Court handed down a very important judgment against the SABC, in which it reinstated a number of dismissed employees following what we, in time, have come to learn has been political interference...more

Save Me Some Money: Paring Down Costs in Patent Litigation

by Orrick - IP Landscape on

Order Re Pilot Motions for Summary Judgment, Comcast Cable Communications, LLC v. OpenTV, Inc. et. al., N.D. Cal. (August 4, 2017) (Judge William Alsup) - It’s no secret that patent litigation is expensive—especially when...more

5 Questions To Ask Before Entering Joint-Representation AFA

by WilmerHale on

One growing trend is for clients to enter into alternative fee arrangements in which one law firm represents multiple parties who “share” fees and costs in a related matter. For example, a law firm might represent...more

Mining company doomed in resurrected 'mark of the beast' lawsuit

by McNair Law Firm, P.A. on

The U.S. 4th Circuit Court of Appeals (whose rulings apply to all South Carolina employers) recently decided a religious accommodation case in which a jury awarded a former employee more than half a million dollars. The Equal...more

CalAmp Hit with Treble Damages for Willful Infringement of a Patent Assertion Entity’s Portfolio of Auto Tracking Patents

by Knobbe Martens on

Patent Judgments & Awards - In a final judgment dated July 19, 2017, a Florida federal court awarded treble damages to Omega Patents, a non-practicing patent licensing entity, for the infringement of five patents directed...more

Developments in civil litigation: second Jackson report published

by White & Case LLP on

Lord Justice Jackson's hotly anticipated report on fixed recoverable costs has just been published and makes a forceful case for fixed costs recovery in lower-value claims in England and Wales....more

Business Litigation Alert: "No Objection - Why Tort Lawsuits in the U.S. are Declining"

by Porter Hedges LLP on

According to a recent Wall Street Journal article, the number of tort lawsuits filed in the U.S. is rapidly declining. In its analysis of data from the National Center for State Courts, the WSJ found that less than two out...more

Lord Justice Jackson suggests extending Aarhus Rules to all JR claims… again

by Hogan Lovells on

On 31 July, Lord Justice Jackson published a report containing a series of proposals on civil litigation costs. While mainly focused on fixed recoverable costs, the report also contained a radical suggestion: to extend the...more

IP litigation in Canada: 10 reasons to litigate north of the border

by DLA Piper on

Although Canada is globally recognized for maple syrup, hockey and universal healthcare, it is also a standard bearer in the area of IP litigation. Businesses should consider litigating in Canada as part of their global...more

Saudi Arabia set to introduce new fees for litigation

by DLA Piper on

Ever since the inception of the civil courts in Saudi Arabia, filing a case has been free of charge. However, this is set to change with a recent proposed draft law for judicial fees which is currently under review by the...more

District Court Awards Attorney’s Fees after Holding That Plaintiff Had Repeatedly Sought to Avoid a Section 101 Ruling

by Knobbe Martens on

In Shipping and Transit, LLC v. Hall Enterprises, Inc., a district court recently held that a patent infringement case was “exceptional” under 35 U.S.C. § 285 and the defendant was entitled to recover attorney fees and costs...more

“All Expenses Paid” Is No Trip to the E.D. Va. for Patent and Trademark Applicants

by BakerHostetler on

On June 23, 2017, the Federal Circuit confirmed in Nantkwest, Inc. v. Matal (No. 2016-1794) that patent applicants facing rejection from the Patent Trial and Appeal Board (PTAB) may seek relief in the Eastern District of...more

Employers Litigating PAGA Actions Take Hit From California Supreme Court

by Fisher Phillips on

In a unanimous decision, the California Supreme Court ruled today that plaintiffs in lawsuits brought pursuant to the California Private Attorneys General Act (PAGA), can seek the contact information for their fellow...more

Recover of Costs After Arbitration Pursuant to C.C.P. § 998

by Low, Ball & Lynch on

Alan Heimlich v. Shiraz M. Shivji - Court of Appeal, Sixth Appellate District (May 31, 2017) - Must a party that has served a statutory offer to compromise pursuant to Code of Civil Procedure Section 998 present it to...more

Litigation Funding in Ireland: Still Champertous in the 21st Century

by Sedgwick LLP on

On 23 May 2017, the Supreme Court of Ireland handed down an important judgment in the case of Persona Digital Telephony Ltd and Sigma Wireless Networks Ltd v The Minister for Public Enterprise, Ireland and the Attorney...more

The U.S. Supreme Court Limits Sanctions to Compensation, Not Punishment

by Moore & Van Allen PLLC on

It is not every day the U.S. Supreme Court pays attention to matters that affect the practice of discovery, but that day came with Goodyear Tire and Rubber Co. v. Haeger, 581 U.S. ___, 137 S.Ct 1178 (April 18, 2017). Writing...more

A District Court’s Discretion to Sanction Is Broad, “But For” a Causal Limitation

Recently, the U.S. Supreme Court clarified in Goodyear Tire & Rubber Co. v. Haeger that even a district court’s exercise of broad discretion to impose a civil sanction for a litigant’s bad faith conduct has to be limited by a...more

Massachusetts High Court: Insurers Not Obligated to Prosecute Counterclaims under Duty-to-Defend Policies

by Wilson Elser on

On June 22, 2017, the Massachusetts Supreme Judicial Court (SJC) in Mount Vernon Fire Insurance Co. v. Visionaid, Inc. (No. SJC-12142) considered three questions certified by the First Circuit Court of Appeals addressing the...more

Paying for Attorneys' Fees Whether you Win or Lose on Appeals from the PTAB

by Brinks Gilson & Lione on

On June 23, 2017, the Federal Circuit held that a party appealing a decision from the Patent Trial and Appeal Board (“PTAB”) by bringing a civil action against the Director of the United States Patent & Trademark Office...more

Professional third-party litigation funder ordered to pay security for costs

by Allen & Overy LLP on

The High Court ordered security for costs against a commercial litigation funder but declined to do so in respect of a third-party funder who was not involved in litigation funding as a business. The case is interesting for...more

The Missing Key To Third-Party Litigation Funding

Civil litigation, once a realm confined to rules-based conflict resolution between adverse parties, has become profitable commerce in the United States. Where commerce thrives, investors looking for healthy returns follow....more

Hong Kong Permits Third Party Funding of Arbitration

by Latham & Watkins LLP on

Hong Kong approved last week the awaited Arbitration and Mediation Legislation (Third Party Funding) (Amendment) Bill 2016 to permit third party funding of arbitration, as well as supporting court, emergency arbitration and...more

DOJ Ban Pushes Third Parties to the Periphery - A new restriction on settlement payments could limit role of Supplemental...

A one-page memorandum from Attorney General Jeff Sessions could cause significant changes to how settling defendants can use supplemental environmental projects (SEPs) in settling Department of Justice (DOJ) environmental...more

DOJ to No Longer Allow Settlements to Include Contributions to Third Parties, Thereby Threatening the Future of SEPs

by Seyfarth Shaw LLP on

Seyfarth Synopsis: The U.S. Attorney General has directed the Department of Justice to no longer allow payments to third parties as part of resolving federal cases. For environmental cases, this prohibition could...more

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