News & Analysis as of

Litigation Fees & Costs

Tyson & Mendes LLP

Litigation Funding in New York: The Effect on Nuclear Verdicts™ and Overall Implications

Tyson & Mendes LLP on

Litigation funding, also called litigation finance, is a rapidly growing industry and involves a practice where a third-party funds some, or all, of a plaintiff’s legal expenses in exchange for a portion of the proceeds from...more

Haight Brown & Bonesteel LLP

A Party that Obtains a Money Judgment is not Always the Prevailing Party

In Harris v. Rojas (“Harris”), the Second Appellate District Court of Appeal (Los Angeles) held that the trial judge has discretion to decide the “victory” is pyrrhic and nobody won in ruling on a motion for attorney’s fees...more

Dentons

Development in Third-party Litigation Funding in Singapore

Dentons on

はじめに - 1.「A rising tide lifts all boats―上げ潮はすべての船を持ち上げる」という格言があります。- 2. これに例えられるように、シンガポール訴訟における「第三者による費用負担(Third-party Funding)」に関する最近の規制緩和に伴い、シンガポールにおける紛争解決の増加傾向(上げ潮)が加速しています。...more

Dorsey & Whitney LLP

International Arbitration by PRC Companies (Series 3): Is it costly to arbitrate in Hong Kong?

Dorsey & Whitney LLP on

In this part of our ongoing series, we will examine the costs of arbitration in Hong Kong and if it is expensive as thought. Arbitration costs mainly comprise of two parts: solicitors’ fees and the costs attributable to...more

Holland & Knight LLP

The Litigation Funding Case That Keeps On Giving

Holland & Knight LLP on

As litigation funding becomes more commonplace, courts are having to determine how a wide variety of laws apply to litigation funding agreements. Until now, courts have primarily focused on two issues: 1) whether or when...more

Faegre Drinker Biddle & Reath LLP

Supreme Court Decides City of San Antonio, Texas v. Hotels.com, L.P.

On May 27, 2021, the Supreme Court of the United States decided City of San Antonio, Texas v. Hotels.com, L.P., No. 20-334, holding that the federal courts of appeals have the discretion to apportion all the appellate costs...more

Jaburg Wilk

Mediate, Not Litigate

Jaburg Wilk on

Your client just received a demand letter, or conversely your client wants to file a lawsuit against an adverse party. Often, the best time to resolve disputes is before the parties engage in litigation. Whether representing...more

McDermott Will & Emery

Tax Court Allows Partial Deduction, Requires Partial Capitalization of Generic Drug Approval Legal Expenses

McDermott Will & Emery on

The US Tax Court determined that a pharmaceutical manufacturer’s legal expenses incurred to defend against a patent infringement suit were eligible for an immediate deduction as ordinary and necessary business expenses, while...more

Thompson Coburn LLP

Litigation fees may be tax-deductible, confirms new Tax Court ruling

Thompson Coburn LLP on

Mylan Inc. achieved a victory in a tax dispute with the IRS in the Tax Court which may result in tax savings for companies who frequently face litigation related to intellectual property, especially patents. Mylan is a...more

Pullman & Comley, LLC

Litigation Funding for Bankruptcy Litigation Gets a Boost from Recent Appellate Decisions

Pullman & Comley, LLC on

Litigation funding has becoming increasingly common for general litigation matters, although its validity will still depend upon applicable state law.  See generally Robert Miller, J.D., Annotation, Enforcement and Funding of...more

Perkins Coie

Consumer Finance Law – COVID-19 Year in Review

Perkins Coie on

The year 2020 was a tumultuous one given the unexpected COVID-19 pandemic, particularly for the mortgage lending and servicing industry. In response to sudden stay-at-home orders and a sharp drop in employment rates, federal...more

Downey Brand LLP

When Can California Trustees Use Trust Funds to Hire Lawyers?

Downey Brand LLP on

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

Sheppard Mullin Richter & Hampton LLP

Statutory Offer To Compromise Void Without Express Acceptance Provision

Mostafavi Law Group, APC v. Larry Rabineau, APC, et al., 2021 WL 803685 (March 3, 2021); Second Appellate District Court of Appeal, Division Four, Case No. B302344 (March 3, 2021)... California Code of Civil Procedure...more

NAM (National Arbitration and Mediation)

A Proposal For Private Judging In New York

The COVID-19 pandemic has thrust a dagger into the heart of our state court system. The Office of Court Administration is to be lauded, however, for its efforts to ensure that appropriate technology has been utilized to...more

Barnea Jaffa Lande & Co.

Precedent-Setting Ruling Awards Actual Litigation Costs

An Israeli court recently handed down a precedent-setting ruling in a case we litigated and won. This ruling marks a game changer in terms of the costs awarded in proceedings in Israel. In its ruling, the court granted our...more

Kidon IP

The Patent Litigation Money Pit

Kidon IP on

Patent litigation, the Sport of Kings, does not come cheap, especially when the litigation transmogrifies into a multi-jurisdictional slugfest. When managing a global patent fight, it is important to keep the big picture in...more

Novack and Macey LLP

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

Novack and Macey LLP on

Scot and Patricia Vandenberg (the “Vandenbergs”) retained the McNabola Law Group, P.C. (“MLG”) to represent them in a lawsuit against RQM, LLC (“RQM”), Brunswick Corporation, and Brunswick Boat Group (together “Brunswick”)....more

Sterne, Kessler, Goldstein & Fox P.L.L.C.

Federal Circuit Appeals from the PTAB and ITC: Summaries of Key 2020 Decisions: Amneal Pharm. LLC v. Almirall, LLC, 960 F.3d 1368...

Abbreviated new drug (ANDA) applicant Amneal petitioned for an inter partes review (IPR) of Almirall’s patent listed in the Food and Drug Administration’s (FDA) Orange Book for a prescription drug to treat acne. Almirall...more

Carlton Fields

Outlier Decision of New York Appellate Court Denies Insurer’s Right to Recoup Defense Costs Even Though Court Found No Duty to...

Carlton Fields on

Recoupment of defense costs (defense fees and costs) by insurers in the absence of a duty to indemnify under a liability policy is an unsettled issue in many states. In a recent decision, a New York intermediate appellate...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

Hudson Cook, LLP

ABA Outlines Best Practices for Third-Party Litigation Funding

Hudson Cook, LLP on

In August of 2020, the American Bar Association (ABA) House of Delegates issued "Best Practices for Third-Party Litigation Funding" (the "Report"). Litigation funding, in any of its various forms, is largely unregulated by...more

Bradley Arant Boult Cummings LLP

Trademark Law Trends To Follow In 2021

2020 was a busy year for trademark litigation, with three U.S. Supreme Court decisions and several high-profile lower court cases involving trademark law. But many folks are understandably eager to put 2020 in the rearview...more

Roetzel & Andress

The New Year Brings A More Relaxed, Pro-Business Summary-Judgment Standard

Roetzel & Andress on

In the waning hours of 2020, the Florida Supreme Court changed Florida’s summary-judgment standard by adopting the much more relaxed federal standard. Although the change does not take effect until May 2021–and even then...more

Fox Rothschild LLP

The True Cost Of Zoning Litigation

Fox Rothschild LLP on

The week before Christmas 2020, I received word from the N.C. Supreme Court that it had denied discretionary review in a case out of Western North Carolina that my client had won in the N.C. Court of Appeals in 2018. We had...more

Smart & Biggar

Canadian courts show trend of awarding higher costs in IP litigation

Smart & Biggar on

Every IP litigant has the same questions on their mind: “If I win, how much of my legal costs can I recover? And if I lose, how much will I have to pay?” These are important questions, and the answers now may be different...more

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Privacy Officer
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Updates to This Policy

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