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Bankruptcy filings affect businesses across America. The Bankruptcy Code is complex and difficult to navigate. But used properly, it can helpcreditors to minimize losses when a customer files bankruptcy. ...more
A recent decision from a bankruptcy court in Delaware provides a cautionary tale about the risks of involuntary bankruptcy. In the Delaware case, the debtor managed a group of investment funds. The business was all but...more
We have written in the past about exceptions to the general rule regarding a debtor’s ability to discharge debt in bankruptcy and achieve a “fresh start.” In a recent decision of interest, the Court of Appeals for the Fourth...more
Judge Jacqueline P. Cox recently found that three Illinois attorneys violated their ethical obligations by failing to return their client’s phone calls. She thus ordered the attorneys to return half of their...more
Fraudulent Transfer- Leonard Holdings, Inc. v. Rohaley, 11th District Lake County, 2023-Ohio-4096- In this appeal, the Eleventh Appellate District affirmed the trial court’s decision to grant the defendant’s motion for...more
Traditionally, California permitted judgments by confession are subject to certain limitations, such as requiring an independent attorney to examine the proposal and advise the debtor on the waiver of rights and defenses. As...more
Finding a good dance partner can be difficult. If all goes well, your and your partner's steps and turns are in sync, and you both are happy with the resulting dance. But occasionally, your dance partner may make a misstep...more
The California Supreme Court has ruled in Pulliam v. HNL Automotive Inc. that the FTC Holder Rule’s limit on a consumer’s “recovery” to the “amounts paid by the debtor” under the contract does include the consumer’s...more
On May 26, 2022, the California Supreme Court issued its decision in Pulliam v. HNL Automotive Inc., et al., Case No. S267576, 2022 WL 1672918 (May 26, 2022). The court held that the Federal Trade Commission (FTC) “Holder...more
On May 26, California Supreme Court ruled that the Federal Trade Commission’s (FTC) “Holder Rule” does not limit the award of attorneys’ fees where a consumer seeks fees from a holder under a state prevailing party statute....more
On March 22, California’s Fifth Appellate District Court of Appeals issued a decision on the availability of attorneys’ fees under the Federal Trade Commission’s (FTC) Holder Rule. This case follows recent FTC guidance and...more
Section 362(k) of the U.S. Bankruptcy Code entitles an individual injured by a willful violation of the automatic stay to recover actual damages, including costs and attorneys’ fees, as well as punitive damages in appropriate...more
The FTC has issued an advisory opinion that addresses the impact of its Holder Rule on the ability of consumers to recover attorney’s fees and costs....more
On January 20, the Federal Trade Commission (FTC) issued an advisory opinion on the impact of the Trade Regulation Rule Concerning Preservation of Consumers’ Claims and Defenses (Holder Rule) on the recovery of attorneys’...more
The American Bankers Association, American Financial Services Association, California Financial Services Association, and Consumer Bankers Association have filed a joint amicus brief with the California Supreme Court in...more
Texas law prohibits a debtor who is subject to a valid judgment from moving assets out of reach of creditors in order to hinder, delay, or defraud a judgment creditor. This legal restriction applies even if the transfer takes...more
We previously blogged about the Bisbing matter with respect to the precedent-setting decision that modified the standard for a custodial parent seeking to relocate with the minor children outside of the State of New Jersey,...more
In Midland Funding, LLC v. Johnson, 137 S.Ct. 1407 (2017), the U.S. Supreme Court held that filing a proof of claim for a debt subject to a limitations defense does not violate the FDCPA, at least in the vast majority of...more
In practice, it is not uncommon for bankruptcy debtors to file suit against creditors or debt collectors for stay and discharge injunction violations. Often, they will do so before making any meaningful attempt to communicate...more
Much of the bankruptcy chatter arising from the pandemic world in which we find ourselves is now focusing on the cascade of new bankruptcy cases that are predicted to arrive soon. We have already seen the effects of closed...more
Bankruptcy court is not the first place that comes to mind when a lender thinks about full recovery on a loan. Usually, debtors file bankruptcy because they can't pay all their creditors in the ordinary course of business....more
In SummitBridge Nat’l Invs. III, LLC v. Faison, 915 F.3d 288 (4th Cir. 2019), the U.S. Court of Appeals for the Fourth Circuit ruled that an unsecured or undersecured creditor may include postpetition attorney’s fees and...more
In Paz v. Portfolio Recovery Associates, a debtor sued for violations of the Fair Debt Collection Practices Act and the Fair Credit Reporting Act. Within a month of filing suit, the creditor invoked Rule 68 in making a formal...more
Presented as a major measure of the five-year French presidential term, the law “on growth and business transformation”, also known as the PACTE Act, came into force on May 24th, 2019. Amongst the changes that were brought,...more