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Business Disputes Litigation Fees & Costs

Farrell Fritz, P.C.

“Prevailing Party” Attorneys’ Fee Provisions

Farrell Fritz, P.C. on

Contracts with “prevailing party” provisions offer the tantalizing, coveted prospect of the winner recovering attorneys’ fees from the loser in legal disputes over the contract’s enforcement....more

Farrell Fritz, P.C.

Two Cases. Two Mammoth Fee Awards. Coup de Grâce or Pyrrhic Victory?

Farrell Fritz, P.C. on

Under a common-law doctrine successful litigants love to hate – the “American Rule” – a party to litigation cannot recover its legal fees unless a contract, statute, or court rule expressly authorizes fee-shifting to the...more

Latham & Watkins LLP

Beware the “Non-Exclusive” Arbitration Clause

Latham & Watkins LLP on

“Non-exclusive” arbitration clauses provide that disputes “may” be referred to arbitration (rather than “shall” or “should” be so referred). The Privy Council clarified the nature of these clauses in a recent case but...more

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