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Fee-Sharing

Hinshaw & Culbertson - Lawyers' Lawyer...

Fee Sharing Between Lawyers Under ABA Rule 1.5(e): How to Protect Yourself and the Client

I. Introduction - When done correctly, fee-sharing arrangements between lawyers can be lucrative for lawyers while simultaneously maximizing the quality of legal representation for the client without increasing the cost....more

Dorsey & Whitney LLP

Healthcare Fraud: A World Beyond the Anti-Kickback Statute

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Americans spend more than $3 trillion per-year on healthcare-related expenses. Of that, the National Health Care Anti-Fraud Association estimates that between $60-250 billion is lost to fraud every year....more

DarrowEverett LLP

No Such Thing as Finders Keepers Among Attorney Referrals

DarrowEverett LLP on

Referral fees, or fee sharing, among attorneys have become so commonplace that it may be easy to forget about the headache that they can cause to attorneys and clients alike. Our focus today is on the potential consequences...more

Hinshaw & Culbertson - Lawyers' Lawyer...

Sharing Fees Between Lawyers – Lawyers' Lawyer Newsletter - Do it Right or Pay the Price

The recent case of Edelson, P.C. v. Girardi, et al.[i] shows what can happen when a fee-sharing agreement goes bad. Edelson, P.C. claims that it acted as Illinois local co-counsel for California law firm Girardi Keese under...more

Goodwin

California Physicians Allege PE-Backed Provider Violates Corporate Practice Law

Goodwin on

On December 20, 2021, a group of emergency medicine physicians in California filed suit against a private equity-backed health care services company, claiming that (among other things), the company has run afoul of the...more

Farrell Fritz, P.C.

Fee Sharing in LLC Derivative Suits: A Common Law Right and a One Way Street

Farrell Fritz, P.C. on

BCL 626 governs shareholder derivative actions, or suits brought by individual shareholders on behalf of, and for injury to, the corporation. Subsection (e) provides that if the plaintiff—the individual shareholder asserting...more

Proskauer - The Capital Commitment

SEC Enforcers Continue to Focus on Undisclosed Fees

In a series of enforcement cases over the past few months, the SEC has continued to bring actions focused on undisclosed fees charged to clients. Many of these cases have charged firms with fraud and other violations based on...more

Epiq

California’s Ethics Rules - Setting The Stage For Legal Technology

Epiq on

California is at it again with legal innovation. The California State Bar is exploring the benefits of allowing non-lawyers to perform certain legal functions. The main goal is to determine if allowing this change and...more

Hinshaw & Culbertson LLP

Financing Arrangements Between a Lawyer and Litigation Funder Contingent on Recovery of Legal Fees Violates Prohibition on Fee...

New York City Bar Association, Professional Ethics Committee, Formal Opinion 2018-5: Litigation Funders' Contingent Interest in Legal Fees (July 30, 2018) - Brief Summary - Litigation funders extend financing to lawyers...more

Holland & Knight LLP

New York City Bar Opinion on Commercial Litigation Funding Raises Concerns - But It Also Suggests a Way Forward

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• The New York City Bar Association's Professional Ethics Committee recently issued advisory (i.e., not legally binding) Opinion 2018-5 (Opinion), which concludes that nonrecourse commercial litigation funding agreements...more

Mintz - Securities Litigation Viewpoints

Special Master Recommends Return of $10.6 Million in Attorneys’ Fees to Class Members

Former U.S. District Judge Gerald Rosen, the Special Master appointed to investigate alleged improper billing by class plaintiffs’ firms in Arkansas Teacher Retirement System v. State Street Bank and Trust Company,...more

Dorsey & Whitney LLP

OCIE Risk Alert Highlights the Most Frequent Adviser Fees and Expenses Deficiencies

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On April 12, 2018, the SEC’s Office of Compliance Inspections and Examinations (“OCIE”) released a Risk Alert identifying the most frequently cited compliance deficiencies relating to fees and expenses charged by SEC...more

Smith Debnam Narron Drake Saintsing & Myers,...

Sharing Of Convenience Fees Spells Trouble Under The FDCPA

A recent opinion from a district court in California serves as a reminder to creditors and debt collectors of the limited circumstances upon which convenience fees can be collected. ...more

Akerman LLP - Health Law Rx

2018 Legislative Session –A Sampling of Health Related Bills Filed

The 2018 Florida Legislative Session began its 60 day trek to completion on Tuesday, January 9, 2018. Both House and Senate will be debating various health related bills which may be of interest to healthcare providers in...more

LawVision

PwC – What to do about it

LawVision on

As if the continuing flat market and stagnant growth for U.S. law firms hasn’t been enough, a new challenge emerged last month when, for the first time, the legal arm of PwC, one of the big four accounting firms, opened a...more

Winstead PC

Court Held That Estate Representative Was Entitled To Discover Documents To Establish A Claim

Winstead PC on

In In re Cokinos, Boisien & Young, a representative of an estate of a deceased attorney sought documents from a law firm related to an alleged agreement to share fees. No. 05-16-01331-CV, 2017 Tex. App. LEXIS 6911 (Tex....more

Hinshaw & Culbertson LLP

Absent a Fee-Sharing Agreement Signed by Client, Referring Attorney Cannot Recover Fees From Receiving Attorney

Naughton v. Pfaff, 2016 IL.App (2nd) 150360 - Brief Summary - A referring attorney sought to recover under an oral fee-sharing agreement with another attorney, alleging that their agreement constituted a joint...more

Genova Burns LLC

NJ Appellate Division Rules that Continued Employment Means Consent to Arbitration

Genova Burns LLC on

On July 23, 2015, the New Jersey Appellate Division upheld Ernst & Young’s alternative dispute resolution (“ADR”) policy statement as valid and enforceable. In Jaworski v. Ernst & Young, No. A-5259-13T2, three former...more

Morrison & Foerster LLP

Referral Fees and Commission Sharing - When May Broker-Dealers Share Their Fees with Non-Brokers?

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FINRA recently filed proposed rule changes with the SEC addressing when broker-dealers may pay referral fees or otherwise share compensation with persons who are not registered as broker-dealers. The proposed rule changes are...more

Jackson Walker

Reasonable Fee Issues for Fiduciaries on the Horizon

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The Supreme Court is poised to address whether fiduciaries' decisions—especially in using fee sharing arrangements—are subject to deference when challenged. The Eighth and Ninth Circuit courts recently decided these issues,...more

Dorsey & Whitney LLP

SEC Charges Adviser, Others In Fee Splitting Scheme

Dorsey & Whitney LLP on

A registered investment adviser and its principals were named as Respondents in a proceeding that centers on allegations of undisclosed revenue sharing arrangements, conflict of interest, violations of the custody rule and...more

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