Views from the Bench: A Conversation with the Judiciary
We previously reported on the dispute between AECOM and Exxon over work performed at Exxon’s refinery in Montana. AECOM claimed it was owed roughly $100 million for extra work performed during a plant turnaround in 2019 that...more
In Mable v. Duke Energy, 2025 WL 3535057 (N.D. Fl. Nov. 18, 2025) the court overrule most of Duke’s objections and compelled a massive production consisting of for the period from September 17, 2020 through October 31, 2025,...more
At the end of December, the first two cases dealing with the newly introduced Jersey Tribunal costs regime were published. The regime, which came into force on 25 July 2025, allows Tribunals to award costs of up to £10,000...more
You just received a formal legal document demanding documents or testimony – and the clock is already ticking. Before you decide whether to comply, ignore it, or call an attorney, you need to understand exactly what you're...more
The prevailing party in a civil appeal may be entitled to tax costs. See MCR 7.115 (appeals to circuit court); MCR 7.219 (Court of Appeals); MCR 7.318 (Michigan Supreme Court)....more
This ninth installment of our series considers the ability for employers to resolve disputes quickly and efficiently. Speed of resolution is crucial for maintaining smooth operations and minimizing disruptions. Arbitration...more
Companies doing business internationally often insert arbitration clauses in their contracts. They do so for good reasons. One is to ensure that future disputes will be resolved in a neutral forum, not in the home court of...more
The U.S. Supreme Court on April 17, 2025, issued a greatly anticipated decision in which the justices unanimously held that plaintiffs alleging a prohibited transaction under Section 1106(a)(1)(C) of the Employee Retirement...more
The California Supreme Court has clarified how the cost-shifting provisions of California Code of Civil Procedure Section 998 (“Section 998”) may apply when a case settles before trial. In a recent decision, Madrigal v....more
In Geezil v. White Cliffs Condo. Four Ass’n, 105 Mass. App. Ct. 103 (2024), the Massachusetts Appeals Court held that an association of condominium unit owners was not responsible for the expense of accommodating an...more
Last week a trial court in Alameda County entered an order permitting Hobby Lobby Stores, Inc. to recover nearly $125,000 in costs from the California Labor and Workforce Development Agency (LWDA). Hobby Lobby incurred these...more
The Fiscal Year 2024 National Defense Authorization Act (NDAA) includes numerous provisions relevant to government contractors in areas such as artificial intelligence (AI), cybersecurity, supply chain concerns related to...more
Reasonable expenses for an expert witness deposition surely include the expert’s travel time, airfare and hotel accommodations. Right? It’s true that litigators are free to make their own financial arrangements regarding the...more
A divided court in Madrigal v. Hyundai Motor America (2023) 90 Cal.App.5th 385, as modified on denial of reh’g (May 9, 2023), review filed (June 20, 2023) recently held that the cost-shifting penalty provisions of California...more
For years, there’s been a popular sentiment that the absence of economies of scale made ediscovery impractical for small law firms, especially those with infrequent cases. While that may have been a legitimate argument in...more
In Mostafavi Law Group, APC v. Larry Rabineau, APC (B302344, Mar. 3, 2021), the California Court of Appeal, Second Appellate District (Los Angeles), addressed an issue of first impression: whether the purported acceptance of...more
Pursuant to 28 U.S.C. § 1920, a prevailing party may have a right to recover certain costs associated with the litigation. Many prevailing parties seek to recoup costs attendant to e-discovery, given the expense associated...more
All courts agree that litigants asserting attorney-client privilege or work product protection must establish the protection's applicability. But courts take different positions on whether any presumptions guide their...more
New York CPLR 3122(d) provides that the “reasonable production expenses” incurred by a non-party’s compliance with a subpoena shall be defrayed by the party issuing the subpoena....more
Recent case law reveals that courts vary widely in their approaches to shifting the costs and fees incurred in responding to a Federal Rule of Civil Procedure 45 subpoena. Originally published in Law360 - February 12,...more
Judges presiding over multidistrict litigation can reduce discovery abuse by requiring litigants to pay for “core document” requests and shifting production costs to plaintiffs who cannot meet some threshold showing of merit....more
The cost of arbitration, including attorneys’ fees, can be substantial, commensurate with the matters in dispute. Your desire to settle a dispute that is going to arbitration is often as or more substantial. But sometimes...more
The ninth edition of The E-Discovery Digest focuses on recent decisions addressing the scope and application of the attorney-client privilege and work-product doctrine, spoliation, and discovery responses....more
Under California Code of Civil Procedure section 2033.300, a court may permit a party to withdraw an admission made in response to a request for admission upon noticed motion. The court may only do so, however, “if it...more
The eighth edition of The E-Discovery Digest focuses on recent decisions addressing the scope and application of the attorney-client privilege and work-product doctrine, spoliation, and discovery responses....more