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When embarking on litigation, a common question clients ask is: Can I recover my attorneys’ fees? Short of a contractual fee-shifting provision, the answer is almost invariably, “No.” A potentially valuable exception exists, however, in New York insurance coverage cases.
Continue Reading Taking the First (Legal) Step: Fee Shifting in Insurance Coverage Litigation

As litigators, we not only represent our clients in court, we counsel them on litigation risk mitigation. In that capacity, we are often asked to review proposed commercial contracts for potential pitfalls from a litigator’s perspective. It can be difficult
Continue Reading Know Your Limits: Contractual Waivers of Jury Trials and Extra-Contractual Damages