News & Analysis as of

Attorney's Fees

Department Of Business Oversight Found Liable For Investors' Attorney Fees

by Allen Matkins on

In 2011, the Department of Business Oversight filed a civil action against Investco Management & Development LLC and its promoters alleging various violations of the securities laws in connection with the offer and sale of...more

PRA Fee Award Narrowed to Cover the Issue of Scope of Redactions - Part I: Pasadena Police Officers Association v. City of...

by Best Best & Krieger LLP on

A California Court of Appeal upheld a decision to drastically reduce an attorney fee award request against the City of Pasadena to a newspaper in a Public Records Act litigation — a decision that should bring relief to public...more

What is the Average Settlement of a Truck Accident Case?

by The Roth Firm on

Commercial Trucks are substantially larger and heavier than regular motor vehicles, therefore when a truck is involved in an accident with a car, the outcome can devastating. Due to the size of the large tractor trailers,...more

New Jersey Becomes Latest State To Pass Equal Pay Legislation

by Fisher Phillips on

New Jersey will become the latest state to mandate a comprehensive equal pay law as Governor Phil Murphy announced that he will sign the “Diane B. Allen Equal Pay Act”—recently passed by the state legislature—on April 24,...more

Stormy Daniels’ Attorney May Have Fallen Into SLAPP Trap - Legal Analysis by BB&K Attorneys Damian Moos and Kandice Kim in Law360

by Best Best & Krieger LLP on

California’s anti-SLAPP statute presents a formidable trap for the unsuspecting plaintiffs attorney, especially when it comes to claims that are based on statements connected to an actual or possible legal matter. The...more

Tips for Effective Advocacy in Arbitration

by Holland & Hart LLP on

Parties to arbitration proceedings frequently comment that they appreciate the arbitration process because it is a faster, more efficient, and less costly way to resolve their business disputes. Unlike litigation, arbitration...more

K&L Gates Triage: Protecting Patient Information in Bankruptcy Cases

by K&L Gates LLP on

In this episode, Margaret Westbrook discusses privacy issues that may affect health care providers when filing proofs of claim in the bankruptcy court. Given the potential for public access of these records, it is important...more

Three Point Shot - March 2018

by Proskauer Rose LLP on

Can a High School Football Coach Say a Hail Mary after a Hail Mary? High school football coach Joseph Kennedy was not instructing his quarterback to take a knee in victory formation to run down the clock. Instead, in an...more

Nebraska Amends Provisions Regarding Security Instruments

by Weiner Brodsky Kider PC on

Nebraska recently enacted legislation clarifying the requirements for a lender to release its lien upon the satisfaction of the obligation secured thereby and receipt of a written request for release, and the consequences for...more

Patent Appeals to the District Court: Win or Lose, You Pay Attorneys’ Fees?

Recently, the Federal Circuit Court of Appeals (the federal appellate court that primarily hears appeals in patents cases) heard arguments in NantKwest Inc. v. Matal, No. 16-1794 on the issue of attorneys’ fees (a timely...more

#MeToo Movement Creates Change in Tax Code

During the height of the #MeToo movement and in the wake of the Harvey Weinstein scandal, Congress enacted a sweeping tax reform bill containing a provision intended to penalize businesses who settle claims involving sexual...more

Shareholder Oppression Requires More Than Denial of Access to Company Information

by Farrell Fritz, P.C. on

The family-owned business at the center of Vaccari v Vaccari, 2018 NY Slip Op 30546(U) [Sup Ct NY County Mar. 28, 2018], decided last month by veteran Manhattan Commercial Division Justice Eileen Bransten, is a classic...more

Texas Supreme Court Holds Attorney’s Fees are Not Recoverable Under the Texas Construction Trust Fund Act.

In an opinion delivered last week, the Texas Supreme Court held that attorney’s fees are not recoverable under the Texas Construction Trust Fund Act. Dudley Construction, Ltd. v. ACT Pipe and Supply, Inc., No. 16-0651 (Tex....more

Deducting Attorneys’ Fees Under the Tax Cuts and Jobs Act of 2017

The Tax Cuts and Jobs Act of 2017 (the “2017 Act”) purports to bring broadly lower tax rates to most U.S. individuals and companies; however, it does so at the expense of clear tax policy objectives in many areas. That lack...more

So What’s it Going to Cost Me?

by Foley & Lardner LLP on

When faced with an employment discrimination, harassment or retaliation claim, often the immediate response is, “We are going to defend ourselves and prove we are right,” followed by, “So what will it cost us if we lose?”...more

de Havilland vs Feud – FX Wins Round in California Court of Appeal

by Dorsey & Whitney LLP on

It is hard to imagine that any one person could initiate separate lawsuits resulting in decisions of substantial importance to the entire U.S. entertainment industry. And when that person is iconic actress Olivia de...more

Attorneys’ Fees Denied To Plaintiff Even Though He Proved His Termination Was Substantially Motivated By His Disabilities

by Low, Ball & Lynch on

Bustos v. Global P.E.T., Inc., et al., - Fourth Appellate Court of Appeal, No. E065869 (Jan. 16, 2018) - The California Court of Appeals affirmed the denial of attorneys’ fees for an employee despite the jury finding...more

California Statute May Be An Issue In Dispute Between President Trump And Adult Film Actress

by Allen Matkins on

Not too long ago, I wrote about the lawsuit filed in California challenging a confidentiality agreement allegedly entered into by President Donald Trump. Clifford v. Trump, L.A. Super. Ct. Case No. BC 696568 (filed Mar. 6,...more

Seventh Circuit Sanctions an Appellant for Failing To Include the District Court’s Rulings with Its Opening Brief

by Foley & Lardner LLP on

Seventh Circuit Rule 30(a) requires an appellant to “append to [its] opening brief[] the judgment under review and its adjoining findings of fact and conclusions of law.” Rule 30(b) further requires an appellant to include...more

“Frivolous” Town Complaint Results in Attorney’s Fees Award for Affordable Housing Developer

by Beveridge & Diamond PC on

The Massachusetts Land Court’s recent award of attorney’s fees to an affordable housing developer serves as a warning to municipalities opposed to affordable housing projects under the Massachusetts affordable housing...more

Attorneys’ Fees Can Be Awarded to CEQA Litigants Hoping to Preserve Their Home Values

by Perkins Coie on

Successful petitioners under CEQA who are motivated to file suit, in part, by their private financial interests are not necessarily ineligible for an award of attorneys’ fees under the public interest fee statute. Heron Bay...more

New Jersey Passes Equal Pay Legislation Aimed at Closing the Wage Gap for All Protected Classes

by Fisher Phillips on

On March 27, 2018, New Jersey became the latest state to pass comprehensive equal pay legislation, and one of the first states to pass an equal pay law that extends protections beyond gender to all classes of employees that...more

Debt Collection Letter’s Inclusion of Court Costs Was Not Deceptive

Any opinion that starts out by stating “[t]his case is about $82.00” is not likely to go well for one party and in this instance, that was the case for Nestor Saroza. A New Jersey district court recently held that a debt...more

Graffiti Artists Request $2.6 Million In Attorneys’ Fees After Last Month’s Victory

by Fox Rothschild LLP on

In recent art world news, following last month’s federal district court ruling that a New York City developer violated the Visual Artists Rights Act (“VARA”) when he demolished well known graffiti space, 5Pointz Aerosol Art...more

Appellate Court Notes

by Pullman & Comley, LLC on

Appellate Court Advance Release Opinions: Husband and wife defendants were related to the husband and wife plaintiffs. The defendants were convinced the plaintiff husband (a state trooper) was abusing his wife, despite her...more

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