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In 1982, the U.S. congress formed a new specialised appeals court, the Court of Appeals for the Federal Circuit, or “CAFC,” and transferred responsibility for patent appeals from the various regional courts of appeal to this...more
This Legal Insight updates our Legal Insight dated June 25, 2013, regarding the Delaware Chancery Court case captioned PharmAthene, Inc. v. SIGA Technologies, Inc., Civ. Action No. 2627-VCP, in which K&L Gates LLP serves as...more
Angela Aguilar who worked in a copper mine for approximately 11 months claimed she was sexually harassed, retaliated against, subjected to intentional infliction of emotional distress and was constructively terminated from...more
We wrote last May about the court’s rejection of a $1.75 million settlement in Cruz v. Sky Chefs, Inc., Case No. C-12-02705 DMR (N.D. Cal. 2014) [May 27, 2014]. The court’s decision related to the settlement of...more
The so-called “American Rule” generally requires each party to a lawsuit to bear its own costs and attorneys’ fees in the absence of a statute or contract to the contrary. Likewise, there is no inherent power or implied...more
Most developers have been there a few times. You found a great property, it’s well priced, and perfect for your newest development; be it a flip or an income property.
Originally published on Commercial Property...more
What can you do when the IRS is misbehaving and it directly affects you?
You will have to fight them, but the law allows you to recover your litigation costs if you win.
As many know, the IRS has had a very...more
SC19037 - Brody v. Brody -
In this multi-million dollar matrimonial dissolution action, the SCT took the opportunity to clarify Connecticut law on civil contempt. The court set aside prior Appellate precedent and held...more
We have previously addressed the Supreme Court’s decision in Octane Fitness, LLC v. Icon Health & Fitness, Inc., 12-1184, Slip Op. at 7 (2014), which relaxed the standard for awarding attorney’s fees under Section 285 of the...more
Excerpt from Question 1:
Your firm is visited by the SEC or state regulator for a routine regulatory examination and you enlist a law firm or consultant to help guide you through the process. Who pays the legal or...more
In The Yacht Club on the Intracoastal Condo. Assoc., Inc. v. Lexington Insurance Company, 2015 U.S. App. Lexis 293 (11th Cir. Jan. 8, 2015), the Eleventh Circuit upheld a district court’s entry of summary judgment in favor of...more
The Eleventh Circuit Court of Appeals recently explained that under Florida law a policyholder who fails to provide prompt notice of a claim faces an uphill battle defeating the resulting rebuttable presumption of prejudice...more
As 2014 came to a close, Massachusetts state and federal courts issued decisions concerning a number of issues of interest to estate planning attorneys and probate litigation attorneys, including testamentary capacity,...more
Generally, a failure rate of two-thirds would indicate that what you are doing isn't profitable. However, when dealing with environmental law, that clearly isn't the case. In Cascadia Wildlands v. Bureau of Land Management,...more
In this memorandum opinion, the Court of Chancery granted partial summary judgment in favor of a former director on his advancement claims relating to his defense of a pending SEC civil lawsuit alleging insider-trading...more
Baker Botts L.L.P. et al. v. ASARCO L.L.C., currently pending before the Supreme Court of the United States, is of particular interest to bankruptcy practitioners because this decision will have far-reaching effects regarding...more
Happy New Year, everyone! While I’ve been out for the holidays, the courts and government agencies have stayed busy with employment law matters. Here are the developments that I thought were especially noteworthy...more
The Washington Supreme Court has long endorsed a liberal construction of the Washington Public Records Act (PRA), calling it a “strongly-worded mandate for broad disclosure of public records.” Hearst Corp. v. Hoppe, 90 Wn.2d...more
We previously reported on a case where the EEOC was hit with a $4.7 million judgment in attorneys’ fees and costs for pursuing a frivolous class action. (See blog post EEOC Silent on Sanctions) This week the Eighth Circuit...more
A wave of FLSA collective (class) actions have been filed against scores of marine shipping and towing companies in the Gulf States for violation of the FLSA. Specifically, these suits claim that the commonly used “day-rate”...more
In CB Richard Ellis Inc. v. Terra Nostra Consultants the California Court of Appeal for the Fourth Appellate District decided an interesting issue concerning the liability of an LLC member for a fee award imposed against the...more
Lumen View Technology, LLC v. Findthebest.com, Inc.
Case Number: 1:13-cv-03599-DLC
Defendant Findthebest.com, Inc.’s motion for attorneys’ fees for an “exceptional” case under 35 U.S.C. § 285 was granted on May...more
My clients sometimes bemoan the reluctance of courts to award attorneys' fees to litigants forced to defend frivolous lawsuits. However, in Norkus v. ING U.S. Inc., the Honorable Robert Holmes Bell reaffirmed that in the...more
A recent unpublished decision from California’s Second Appellate Division highlights one of the most common mistakes lawyers make when obtaining insurance coverage for the defense of a lawsuit: accepting the insurer’s...more
In today’s litigious world, it is all too common for a disgruntled former business partner to file a lawsuit based on legally weak, if not outright frivolous, claims of wrongdoing. One common reaction is to fight fire with...more
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