Litigation Fees & Costs

News & Analysis as of

5 tips for cutting patent litigation costs

Ever since the U.S. Supreme Court’s Alice Corp. v. CLS Bank decision, the number of patent litigation cases, which for years leading up to that case had been on the increase, have been on the decline. Projections are that the...more

"But we have a solid legal case, right?"

Business people with legal disputes often expect that when their legal position is very strong, litigating it to victory should be relatively quick and painless. That’s often not the case, however, as illustrated by a recent...more

Court Orders Plaintiffs to Pay Defendants’ $13.3 Million Appellate Costs in Lawrence E. Jaffe Pension Plan v. Household...

Recently, in Lawrence E. Jaffe Pension Plan v. Household International, Inc., the United States District Court for the Northern District of Illinois granted the defendants’ Rule 39 motion for appellate costs and ordered the...more

Caltrans’ Highway 101 Overpass Condemnation Case Ends in Split Decision

For several years, we’ve been following an eminent domain lawsuit in Marin County involving Caltrans’ acquisition of 34 acres for a $29.7 million interchange project at the Redwood Sanitary Landfill, which would widen the...more

Changes to Court Fees in Alberta

The Budget delivered by the Alberta Government on March 26, 2015 announced an increase in court filing fees. The new fee schedule went into effect on May 1, 2015. Some of the fee schedules coming from the Court of...more

California Court Upholds a Reduction of Attorneys’ Fees but Reverses a Reduction of Costs

In a recent, unpublished opinion Myres v. San Francisco Housing Authority, a California Court of Appeal reversed a trial court’s order reducing the amount of costs a plaintiff had claimed as a result of limited success at...more

A Case to Watch: Highway Contractor Appeals $663M False Claims Act Judgment

On August 31, 2015, highway contractors Trinity Industries, Inc. and Trinity Highway Products, LLC (collectively, Trinity) appealed to the U.S. Court of Appeals for the Fifth Circuit a $663,360,750 final judgment entered...more

Securities Class Action Defense Counsel Selection: An Interview Process is Essential

When a public company purchases a significant good or service, it typically seeks competitive proposals. From coffee machines to architects, companies invite multiple vendors to bid, evaluate their proposals, and choose one...more

What's Market? Update: Delaware Corporate and M&A

Fee Shifting and Forum Selection Clauses - Much attention has been paid to Delaware legislative developments regarding fee shifting and forum selection clauses. On June 24, 2015, Delaware Governor Jack Markell signed...more

Update from Wilson Elser’s D&O Insurance Digest

Litigation Developments and Mega Settlements - Dole Food, Inc. Derivative Action – Delaware Chancery Court Finds D&Os Engaged in Fraud - Dole Food, Inc. shareholders sued Dole Chairman and CEO David Murdock and Dole...more

DBAs revisited – recommendations of the Civil Justice Council in relation to damages-based agreements

Damages-based agreements (“DBAs”) – a form of contingency fee arrangement, whereby the legal representative’s fee is dependent on the success/outcome of the case – were introduced in April 2013 by virtue of the DBA...more

Failure to Comply with Court Proceedings Results in Default Order (Illinois)

United States v. Alacran Contracting, LLC, 2015 WL 5829710 (N.D. Ill. Oct. 5, 2015) - In this breach of contract case, the defendant moved to set aside the court’s previous orders entering default against it based on the...more

Necessary Production of Documents Results in Award of Production Costs (Texas)

Mobile Telecomms. Techs., LLC, v. Samsung Telecomms. Am., LLC, 2015 WL 5719123, (E.D. Tex. Sept. 28, 2015) - In this patent infringement case, the plaintiff contested a prior ruling by the court that held that the...more

Charney v. American Apparel, Inc., C.A. No. 11098-CB (Del. Ch. Sept. 11, 2015) (Bouchard, C.)

In this opinion, the Court of Chancery held that Dov Charney (“Charney”), the former CEO of American Apparel, Inc. (the “Company”), was not entitled to advancement of litigation fees and expenses under either the Company’s...more

10 Ways to Control Litigation Costs in Challenging Economic Times

Litigation costs management has become a significant concern to corporations, particularly in this challenging economic environment. Effective litigation management is not only key to reducing costs but to achieving timely...more

Mississippi Court Holds Defense Costs Outside of Limits

In its recent decision in Federal Ins. Co. v. Singing River Health System, 2015 U.S. Dist. LEXIS 134814 (S.D. Miss. October 2, 2015), the United States District Court for the Southern District of Mississippi issued a decision...more

DOL penalized for ‘bad faith’ conduct

The Department of Labor recently agreed to pay an employer $1.5 million for costs and attorneys’ fees it had incurred in a lawsuit filed by the DOL. The 5th Circuit Court of Appeals determined that the employer was entitled...more

In the Wake of France’s Adoption of a Class Action Model, Companies Domiciled and Doing Business in France Should Ensure Insurance...

In the wake of the institution of class action claims in France, where, unlike the U.S. class action model, liability and damages are assessed prior to “massification” of the class, corporations should prepare for these new...more

When Someone Else Is Paying Your Fees

When, in a noncontingent matter, a third party is paying all or some of the attorney fees for your client, do you know how to deal with the issues that can arise? Short answer: Address them upfront in your fee agreement. Here...more

Law Firm Signal and Noise: Telltale signs of signal

In Part 1 of this post, I noted how law firms had become so adept at creating “noise” about various topics–client service and AFAs for example, they they effectively drowned out any signal on these topics. Much of what firms...more

Court Of Chancery Explains Advancement Agreement

This decision explains that an advancement agreement that covers a former director for claims “related to the fact” he was a director has the same meaning as the more typical provision providing for advancement for claim...more

That is SO last week - September 2015 #2

Last week, Ellen Pao withdrew the appeal in her sex discrimination lawsuit against Kleiner Perkins. The Pao v. Kleiner Perkins trial captivated Silicon Valley as it sought to spotlight all-male company ski trips and double...more

What Questions Executives Should Be Asking About Their D&O Insurance Following The New DOJ Policies Issued Last Week

As was recently reported in the New York Times and elsewhere, the Justice Department issued new policies last week that place individual executives as the focus of their prosecution efforts, and encourage companies to...more

Fixing the Economics of Securities Class Action Defense: Nationwide Defense by Regional Firms

In my last D&O Discourse post, I discussed why changes to the securities litigation defense bar are inevitable: in a nutshell, the economic structures of the typical securities defense firms – mostly national law firms –...more

Guzman v. Hacienda Records and Recording Studio, Inc. - USDC, S.D. Texas, August 18, 2015

Defendant Hacienda Records and Recording Studio, Inc. prevailed on a copyright infringement claim brought by plaintiff Jose O. Guzman following a bench trial in the U.S. District Court for the Southern District of Texas....more

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