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McDermott Will & Emery

Unclean Hands Aren’t Just for Toddlers

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In an action involving manufacturers of a self-sealing dining mat for toddlers, the US Court of Appeals for the Federal Circuit affirmed a district court’s finding that the defendants were barred from obtaining relief on...more

Ward and Smith, P.A.

740,000 Reasons to Think Twice Before Putting a Company in Bankruptcy

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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

Vondran Legal

BMI Files Multiple Music Infringement Cases in Arizona District Court

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This blog is written by Arizona copyright lawyer Steve Vondran. Vondran Legal has handled hundreds of federal court litigation cases since its founding in 2004. One important area we practice is restaurant IP law, which...more

Robins Kaplan LLP

Who Pays When You Fight Over a Trust?

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Litigation is often expensive. When a client considers filing a lawsuit or must decide how to handle a lawsuit someone else started, one of the most fundamental questions to ask is: Who pays the lawyers? Under the American...more

Robins Kaplan LLP

Advancement Proceedings: A Litigation Expense Your Client Might Not Have Anticipated

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When representing a client, it is helpful when law and logic align in an obvious manner. But alignment of law and logic sometimes appears murky at best, and often directly at odds. An example of this is when you need to...more

Weber Gallagher Simpson Stapleton Fires &...

Let's Talk About How Much It Costs To Get Divorced

When filing for divorce, everyone always asks how much does it cost to get divorced and what makes divorce so expensive? In this Let's Talk Family Law episode, family law partner John Zurzola looks at the process,...more

Downey Brand LLP

When Can California Trustees Use Trust Funds to Hire Lawyers?

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Many family member trustees are uncertain about whether and to what extent they can use trust assets to obtain legal representation. For example, when two parents choose their daughter, upon their incapacity or death, to...more

Stinson - Government Contracting Matters

EAJA Provides Relief to Construction Contractor for Government’s Bad Actions

In Vet4U, LLC v. Department of Veterans Affairs, the Civilian Board of Contract Appeals awarded costs and attorney fees to the small business contractor that won its appeal pursuant to the Equal Access to Justice Act (EAJA),...more

Robins Kaplan LLP

The Big Three Sue an ISP for Enabling Copyright Infringement

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The so-called Big Three record companies—Universal, Sony, and Warner—have sued to hold an internet service provider liable for facilitating its customers’ copyright infringement....more

Carlton Fields

Eighth Circuit Upholds Confirmation of Arbitration Award Directing Payment of Attorney’s Fees and Expenses Unrestricted by...

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In a case concerning a contract for the construction of a pipe conveyor system, ProEnergy Services, LLC, and its surety Western Surety Company (collectively, “ProEnergy”), appealed a judgment confirming an arbitration award...more

Carlton Fields

Court Construes Reinsurance Participation Agreement, Rejects Venue Objection, and Confirms Arbitration Award

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O’Connell Landscape Maintenance, Inc. (O’Connell) and Applied Underwriters Captive Risk Assurance Co. (AUCRA) entered into a reinsurance participation agreement (RPA)....more

Carlton Fields

Third Circuit Upholds Arbitration Agreement In Retail Installment Agreement Between Used Car Buyer And Dealer

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This dispute stemmed from a complaint filed by Edmondson, alleging claims under the Federal Odometer Act and the Magnuson-Moss Warranty Act, as well as state law claims for fraud, in relation to her purchase of a used car...more

Dickinson Wright

Michigan Court of Appeals Clarifies That the Offer of Judgment Rule Applies to a Judgment Entered on an Arbitration Award

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Under Michigan’s “offer of judgment” rule, MCR 2.405, costs and attorney fees may be imposed on a party that rejects an offer to stipulate to entry of a judgment and fails to obtain a more favorable “verdict.” In Simcor...more

Seyfarth Shaw LLP

Class Action Cash-In: 7th Circuit Allows Attorneys’ Fees To Exceed Plaintiffs’ Payout

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Seyfarth Synopsis: In a class action asserting claims for breach of contract, unjust enrichment, and statutory fraud in regards to the sale of general-use, pre-paid gift cards, the Seventh Circuit affirmed the final approval...more

Butler Weihmuller Katz Craig LLP

To Fee Or Not To Fee, That Is The Question: The Florida Supreme Court Finds Coverage For Proposal For Settlement Sanctions In...

To understand the implications of Macedo II, it is important to understand what brought us here. It’s a long and bumpy road, but understanding what brought us here will be critical in order to understanding how to go forward....more

LawVision

What To Do When Your Prospect Objects To Your Fee

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Fee objections happen often, but they are not always what they seem. Next time a prospect objects to your firm’s fees, think about the following questions: Is it real? Is it time? Is there something else? Is that all?...more

Morris James LLP

Court Of Chancery Limits Fee Award To Account For Misconduct

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What will the Court of Chancery do when a Petitioner's attorney alters his records to increase the fees sought in an advancement or indemnification case? Here at least the Court disallows the altered fees, rather than barring...more

Akerman LLP - Marks, Works & Secrets

The Yellow Pages Live On

Calling the district court’s action an “abuse of discretion,” the 11th Circuit reversed a decision that cut by more than 90 percent a successful copyright infringement plaintiff’s request for attorney’s fees and costs. Yellow...more

Morris James LLP

Court Awards Costs But Not Attorneys’ Fees

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Andrews, J. Defendant’s motion for costs and fees is granted as to costs and denied as to fees. Plaintiff filed an unopposed motion to dismiss after defendant’s suppliers had settled with plaintiff. Defendant moved for...more

Carlton Fields

Food for Thought: Federal Court Says Subway's Sandwiches Must Measure Up

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A federal court judge from the Eastern District of Wisconsin gave preliminary approval to a settlement of the consumer class action lawsuit alleging that Subway deceptively and fraudulently advertised and sold “six-inch and...more

Burr & Forman

Can I Get My Legal Fees Back for Having to Defend This Case?

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One of the most common questions I get from my clients is whether they can recover their legal expenses for having to defend a meritless case. The short answer is that in most cases, no. That may seem unfair, especially...more

Laner Muchin, Ltd.

Court Orders EEOC To Pay Employer Nearly $1 Million In Attorneys' Fees And Costs, Finds EEOC Pursued Case Long After It Was Clear...

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Employers often criticize the EEOC’s position on employers’ use of background checks in the application process as increasing exposure for disparate treatment claims from applicants and as being willfully blind to legitimate...more

Mintz - Securities Litigation Viewpoints

Australia – A New Frontier for Plaintiffs?

With the increasing barriers to successfully prosecuting a securities fraud case in the United States, including the jurisdictional limitations caused by the Morrison decision, institutional investors are sometimes now...more

Bradley Arant Boult Cummings LLP

’Tis the Season of Giving, Right?

We all think of December as the season of giving. Unfortunately, prevailing defendants in Title VII cases don’t always feel that way. Under Title VII of the Civil Rights Act of 1964, prevailing plaintiffs enjoy compensatory...more

Cozen O'Connor

Goldman Ordered to Advance Defense Fees for Former Employee Accused of Stealing Computer Codes

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On October 16, 2013, the U.S. District Court for the District of New Jersey, in Aleynikov v. The Goldman Sachs Group, Inc., found that a former vice president and computer programmer was an “officer” of Goldman Sachs & Co.,...more

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