Law Firm ILN-telligence Podcast | Episode 92: Ron Davis | Fogler Rubinoff
JONES DAY TALKS®: Class Actions Worldview Guide: Part 1–The United States and European Union
Policyholders vs. Insurers: 3 Arguments to Make When Selecting Defense Counsel & Hourly Rates
Goldberg Segalla Product Liability Series: Containing Nuclear and Thermo Nuclear Verdicts
State AG Pulse | Money, Money, Money: Where does it go and why?
Preparing for Litigation in the U.S.
Jones Day Talks: Women in IP: The Supreme Court's "Copyright Day"
CorpCast Episode 2: Advancement 101
How This Investment Firm Hopes to Revolutionize Litigation in America
In Walid c. Compagnie Nationale Royal Air Maroc, 2024 QCCS 2674, the Superior Court of Quebec refused to approve a settlement agreement because Class Counsel’s fees were unreasonable and excessive, even though the settlement...more
We’ve written frequently on ways that parties can recover their costs of suit — particularly deposition-related costs — at the conclusion of civil litigation. Costs related to deposition transcripts used at trial, deposition...more
With the rise of litigation funding of group actions, there has been an increasing use of representative actions by Claimants in recent years. In turn, Defendants are challenging this and the Courts are scrutinising cases in...more
Be cautious, be curious, be vigilant, and be brave. Those were the words of the New York State Bar Association’s Task Force on Artificial Intelligence. It is good advice. GenAI is here and lawyers need to understand its...more
Contracts with “prevailing party” provisions offer the tantalizing, coveted prospect of the winner recovering attorneys’ fees from the loser in legal disputes over the contract’s enforcement....more
Last week’s Privilege Point described two cases finding that successful plaintiffs had waived work product protection covering their invoices and other attorney’s fees billing documents because they sought attorney’s fees as...more
In most cases, the grind of litigation moves forward under the careful scrutiny of courts and within the applicable rules of civil procedure. Settlement, on the other hand, is often separate and secretive; hammered out after...more
Most states have an offer of judgment provision, and many of them are patterned after Federal Rule of Civil Procedure 68. Unlike Fed. R. Civ. P. 68, some states allow either party—not just the defendant—to make an offer of...more
There are three actions PEOs and their customers can take to save up to 85% in California litigation costs thanks to a recent legislative compromise. Anyone doing business in California is no doubt familiar with the Private...more
Yesterday, in SEC v. Jarkesy, the Supreme Court ruled that the defendants in a securities fraud case brought by the SEC were entitled to have the SEC’s claims for civil penalties decided by a jury. The question now is how...more
On May 30, 2024, the Supreme Court of New Jersey issued its decision in Boyle v. Huff, holding that an indemnification clause cannot apply to first-party claims unless the parties include specific language expanding the...more
The UK’s snap general election has delayed indefinitely the progress of draft legislation which had been introduced with a view to restoring the pre-PACCAR status quo in which litigation funding agreements were distinct from...more
On Tuesday, in Lehmann v. WFV Holdings, LLC, Record No. 0201-23-2 (Ct. App. Va. May 14, 2024), available here, the Court of Appeals of Virginia reversed a decision from the Circuit Court of Amelia County, holding that because...more
Ron Davis is a partner with Fogler Rubinoff in Toronto, where he has over 35 years of litigation experience. In this episode, he and Lindsay chat about challenges and opportunities in the legal industry in Toronto and...more
Following the second reading of the Litigation Funding Agreements (Enforceability) Bill in the House of Lords on April 15th, there is a shared acknowledgment among the House of the significance of maintaining and protecting...more
A recent blog post here examined the circumstances under which a prevailing party in litigation can obtain reimbursement for deposition-related costs in federal courts. The rules are complicated, constrained by the statutory...more
On April 12, 2024, the United States Supreme Court delivered its highly-anticipated opinion in Sheetz v. County of El Dorado, unanimously holding that fees imposed through legislative action as a condition of property...more
Nonprofits and associations commonly receive subpoenas. Though it can be stressful to receive one, engaging in appropriate due diligence can help an organization effectively manage its response....more
Forget cryptocurrency—there is another kind of investment making the news in recent years and creating major headaches for corporate defendants: litigation funding. Originally published in the Winter 2024 Issue of In-House...more
Please join us for a webinar on the 2024 Carlton Fields Class Action Survey results. Now in its 13th year, the survey offers both a current snapshot and insights over time into management practices and experiences of in-house...more
Under a common-law doctrine successful litigants love to hate – the “American Rule” – a party to litigation cannot recover its legal fees unless a contract, statute, or court rule expressly authorizes fee-shifting to the...more
Litigation finance is a growing industry. Increasing awareness of the ability to finance lawsuits is changing claimants’ analysis of when to bring claims and how to fund their businesses while they do. In deciding whether...more
The emergence of artificial intelligence as a critical legal technology has prompted discussions among law firm leaders regarding how AI usage should be disclosed to clients and who – the law firm or the client – should...more
My life as a discovery mediator began with a court order appointing me to conduct a mediation among the parties on all disputed discovery issues in a complex, multiparty case. At the time, I had not heard of the term...more
As litigators know, the United States follows the so-called “American Rule” when apportioning the costs of litigation. Unless a statute specifically provides otherwise, parties in court are responsible for their own...more