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Legal Fees Contract Terms

Freiberger Haber LLP

Courts Will Not Assist An Effort To Enforce An Illegal Contract

Freiberger Haber LLP on

By Jonathan H. Freiberger  The Courts of New York will not aid in the enforcement of a contract when the subject matter is illegal. Cases standing for this seemingly unremarkable proposition are varied. For example, in...more

Farrell Fritz, P.C.

A Lifeline for the Stale “Schedule A”

Farrell Fritz, P.C. on

One need not peruse the pages of this blog for long to learn that its authors strongly advise against entering into an owners’ agreement that calls on the members to “annually” (or worse, “regularly”) update a critical aspect...more

Farrell Fritz, P.C.

The Answer is Almost Always No

Farrell Fritz, P.C. on

Following up on the question posed in a post from a few years ago: when clients ask whether they can “sue for legal fees,” the courts continue to reiterate that the answer is almost always no; that the American Rule still...more

Constangy, Brooks, Smith & Prophete, LLP

Beware Fee Shifting Contract Clauses

Are they a good idea? Lawyers drafting or reviewing contracts should carefully consider whether a fee shifting clause serves the parties’ interests. Sometimes, perhaps often, they do not. Bonnie and Gus agreed that...more

Littler

Deal or no Deal? Ontario, Canada Court Determines Employer and Employees Agreed to Settlement Absent Written Contract

Littler on

In a recent appeal to the Divisional Court of Ontario’s Superior Court in Shete, Lada, and Chung v. Bombardier Inc., 2019 ONSC 4083, the court applied the most basic principle that serves as the foundation of common law...more

Farrell Fritz, P.C.

Ambiguous Advancement Provision Favors Former Officer and Director

Farrell Fritz, P.C. on

I’ve long been intrigued with the frequency of litigation — especially in Delaware Chancery Court — over advancement of legal fees of a corporate director or officer or LLC manager who’s the target of a lawsuit by the entity...more

Farrell Fritz, P.C.

“Can I sue them for legal fees?”

Farrell Fritz, P.C. on

This is a common question from clients involved in litigation – – especially estate litigation. As a general rule, a party cannot recover attorney’s fees for successfully prosecuting or defending a lawsuit. This is the...more

Patterson Belknap Webb & Tyler LLP

Fees for Fees: Testing the Limits of ASARCO

Unsecured creditors and other stakeholders sometimes challenge the reasonableness of fees incurred by estate professionals in a bankruptcy case. Whether this is to augment unsecured creditor recoveries or serve as a check on...more

Morris James LLP

Chancery Court Upholds Indicted Ex-Director's Advancement Rights

Morris James LLP on

Advancement provides corporate officials with immediate interim relief from the personal out-of-pocket financial burden of paying the significant ongoing expenses inevitably involved with defending investigations and legal...more

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