News & Analysis as of

Contingency Fees

Bennett Jones LLP

Superior Court of Quebec Warns of the Risks of Making Settlement Approval Contingent on Approval of Class Counsel Fees

Bennett Jones LLP on

In Walid c. Compagnie Nationale Royal Air Maroc, 2024 QCCS 2674, the Superior Court of Quebec refused to approve a settlement agreement because Class Counsel’s fees were unreasonable and excessive, even though the settlement...more

Farrell Fritz, P.C.

When Law Firms Break Bad: The Valuation Battle Over Contingency Fees and Crypto Tokens

Farrell Fritz, P.C. on

As both a practitioner and a close follower of New York business divorce caselaw, I’ve seen a recent uptick in disputes centered on the breakup of professional services firms and cryptocurrency businesses. Perhaps the crypto...more

ArentFox Schiff

Everybody’s Got Something to Hide Except Me and My Monkey: IRS Issues Moratorium on Processing New Employee Retention Credit...

ArentFox Schiff on

The IRS has announced an immediate moratorium on the processing of new employee retention credit claims and warns taxpayers of aggressive promoters and marketers “hustling to get a hefty contingency fee.” On September 14,...more

Blank Rome LLP

Locality Cannot Pay Contingent Fee to Attorney to Litigate for Increased Property Value

Blank Rome LLP on

The Texas Supreme Court held that, while permitted in certain limited circumstances, a school district cannot pay a contingent fee to an attorney to litigate its challenge to increase the appraised value of property. Pecos...more

Troutman Pepper

CFPB Report Finds Decline in Debt in Collections Appearing on Consumer Reports

Troutman Pepper on

On February 14, the Consumer Financial Protection Bureau (CFPB) released a report entitled Market Snapshot: An Update on Third-Party Debt Collections Tradelines Reporting. The report sought to examine trends in the reporting...more

Faegre Drinker Biddle & Reath LLP

Minnesota Supreme Court Takes on Litigation Financing for Second Time in Single Suit

For the second time in a single litigation (Maslowski v. Prospect Funding Partners, LLC, et al. v. James Schwebel, Esq., et al.), the Minnesota Supreme Court will consider the propriety and permissible scope of private...more

Farrell Fritz, P.C.

Disputes Abound When Law Firms Dissolve

Farrell Fritz, P.C. on

Some of the most complex and hotly-contested business divorce litigation arises from the dissolution of law firms. Perhaps law firm dissolutions are prone to litigation because many are organized as partnerships or LLPs, and...more

A&O Shearman

Interpreting “subject to” with business common sense

A&O Shearman on

BlackLion, a law firm, sued its former client, Amira, for breach of contract in relation to a retainer for a proposed bond issue. The High Court held that the words “subject to the completion of the Matter by 31 May 2017” in...more

Hinshaw & Culbertson LLP

Hinshaw Insurance Law TV: Recent Changes in Florida Property Insurance Law and How They Will Affect First Party Insurance

Scott Seaman—Chicago-based partner and co-chair of Hinshaw's Global Insurance Services Practice Group—hosts Miami-based Hinshaw partner Daniel Shatz in a discussion about new Florida legislation, which aims to address the...more

Conyers

BVI Cross-Border Litigation: The Current State of Cost Recovery

Conyers on

The Legal Profession Act 2015 (as amended) (the “LPA”) introduced significant changes to regulation of the legal profession in the British Virgin Islands (BVI) , including restrictions aimed at preventing persons not admitted...more

Vinson & Elkins LLP

A “Measured Approach” to Conditional Fee Agreements with the Enactment of the Legal Profession (Amendment) Act 2022

Vinson & Elkins LLP on

On 12 January 2022, the Ministry of Law (“MinLaw”) of Singapore announced various amendments to the Legal Profession Act 1966 (“LPA”), which were subsequently passed in the Legal Profession (Amendment) Act 2022....more

Bond Schoeneck & King PLLC

Appellate Division Clarifies the Impact of Financial Disincentives on Attorney Employment Agreements 

For the first time since 1998, a New York Appellate Court has addressed the standard governing restrictions placed on attorneys following their separation from a law firm. In a pair of decisions released in November, the...more

Proskauer - California Employment Law

California Employment Law Notes - November 2021

Ninth Circuit Resurrects California’s Anti-Arbitration Statute - Chamber of Commerce of the U.S.A. v. Bonta, 13 F.4th 766 (9th Cir. 2021) - The Ninth Circuit Court of Appeals reversed in part a 2020 preliminary...more

Butler Weihmuller Katz Craig LLP

The Continued Question Of Disinterested Appraisers For Florida Appraisals

In most circumstances involving an insurer’s extension of coverage for a property loss, an appraisal provision in an insurance policy provides an insured and an insurer a mechanism by which to resolve disagreements regarding...more

Jones Day

Victorian Supreme Court Denies First Ever Contingency Fee Applications in Class Actions

Jones Day on

The Facts  The plaintiffs in two separate class actions (Fox v Westpac Banking Corporation & Anor (Fox) and Crawford v Australia and New Zealand Banking Group Ltd & Ors (Crawford)) sought GCOs from the court pursuant to the...more

Fox Rothschild LLP

Contingency Drama

Fox Rothschild LLP on

Rule 1.5(c) of the North Carolina Rules of Professional Conduct provides protection to clients with its requirement that “[a] contingent fee arrangement shall be in a writing signed by the client.” In Rossabi Law PLLC v....more

Jones Day

'Put the Brakes on Class Actions': Australian Parliamentary Joint Committee Report

Jones Day on

The Situation: Australia has become a hot spot for class actions fueled in large part by litigation funders, who have operated for many years in a largely unregulated market and have derived spectacular returns from their...more

A&O Shearman

Damages-based agreement can include costs on early termination: DBA A-OK!

A&O Shearman on

In Zuberi v Lexlaw, the Court of Appeal held that “damages-based agreement” should be construed narrowly, comprising only the particular provisions of a retainer dealing with payments out of recoveries, not the retainer as a...more

Rumberger | Kirk

Florida’s 3rd DCA Analyzes Whether a Public Adjuster Who Receives Contingency Fee can Act as a “Disinterested” Appraiser

Rumberger | Kirk on

Is it possible for a public adjuster to be considered disinterested in the outcome of a case, yet get paid based on the outcome of that same case? Florida’s Third District Court of Appeal says yes, for now! ...more

Chartwell Law

Pennsylvania Courts Maintain Protections for Defendants in Fee Agreements

Chartwell Law on

Despite a recent decision expanding the traditional notions of recoverable attorney’s fees in workers’ compensation cases, the court still maintains protections for defendants with respect to the assessment of attorney’s fees...more

Gerald Nowotny - Law Office of Gerald R....

THE PAPER CHASE

THE PAPER CHASE - Using the Loan Method of Split Dollar as an alternative to attorney fee deferrals. 1) Defer fees. 2) Once deferred convert fees into tax free income. 3) Reposition in a Structured Settlement Life Insurance...more

Gerald Nowotny - Law Office of Gerald R....

THE PAPER CHASE

Nowotny On Death and Taxes, podcast episode #19, focuses on using deferred contingency fees and how they can be strategically repositioned through the Loan Method of Split Dollar to provide more tax efficient benefits for...more

Gerald Nowotny - Law Office of Gerald R....

The Paper Chase - Using the Loan Method of Split Dollar as an Alternative to Attorney Fee Deferrals

I have written previously about the deferral of attorney contingency fees and have been on a several week rant about the planning power of the Loan Regime Method of Split Dollar. This article focuses on how deferred...more

Hinshaw & Culbertson - Lawyers for the...

Illinois Law Firm Recovers No Attorney's Fees After Trial Court Concluded The Firm Breached Its Fiduciary Duties

Scot Vandenberg v. RQM, LLC, 2020 IL App (1st) 190544 - Brief Summary - An Illinois appellate court affirmed the adjudication of a firm's attorney's liens down to zero, where the discharged firm failed to provide any...more

Gerald Nowotny - Law Office of Gerald R....

California Dreamïn!

Reimagining the Tax Planning Paradigm for Trial Attorneys...more

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