Should a flat fee cover post trial work? Depends on the work…
Flat Fee IP
The Frontlines of IP Litigation
Flat Fee IP, published by Greenfield Draa & Harrington, focuses on legal issues related to intellectual property, particularly trade secret misappropriation. The blog discusses topics such as the measurement and duration of damages for trade secret theft, including the application of the Uniform Trade Secrets Act and related case law. It addresses complex questions about when damages should begin and end, the concept of unfair commercial advantage or "head start," and the interplay between trade secret protection and monetary relief. The blog also explores litigation strategies, jury trial rights on unjust enrichment damages, and practical considerations in high-stakes IP disputes.
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Willingness to Flat Fee is a Litmus Test
The negotiation of an alternative fee, even if unsuccessful, provides the client with valuable feedback on their case. As discussed by Cisco litigation manager Neal Rubin on Legal OnRamp:
[C]ounsel’s willingness (or unwillingness) to share the risks and rewards…
Cutting Discovery Costs With Remote Foreign Custodian Interviews
Using on-line technology to cut costs of e-discovery by reducing the number of documents collected…
Trust your client’s instincts
Adam Smith Esq. recently discussed a major obstacle to setting a fixed price for litigation: trust. Sadly, for too many of us, clients don’t trust us with their money and we don’t trust them to reward us fairly. The view…
E-Discovery: Taiwan Collection on a Shoestring
How we cut collection costs for a small high tech company in Taiwan by 75%…
Setting a fixed price: focus on the short term
John Maynard Keynes’ quote “in the long run we are all dead” rejected the notion that inflation would control itself absent government intervention in the short term. It has equal application to flat fee pricing of litigation, where, for many…