Topic
Fee-Shifting
101 published works
Delaware Corporate & Commercial Litigation Blog
Chancery Awards Fees for Pre-Litigation Errant Conduct
Two recent Delaware Court of Chancery decisions awarded fees for errant pre-litigation conduct which makes then noteworthy for that point alone, although there is much else to commend them. In…
Imagine That IP Law Blog
When IP Enforcement Becomes the Story: Trade Dress, Antitrust, and Fee-Shifting After Deckers v. Quince
Aggressive IP enforcement can be a powerful tool for protecting product designs, brand equity, and market position. But the related proceedings between Deckers Outdoor Corporation and Last Brand, Inc., d/b/a…
IP IQ
Wrong Is Not Weak: The Federal Circuit Reins In Fee Shifting After IPR
By Adam Baker, Stephanie D. Scruggs
In mCom IP, LLC v. City National Bank of Florida, the Federal Circuit reversed an award of attorneys’ fees under 35 U.S.C. § 285 against the patent owner and sanctions…
Commercial Case Notes
Court Finds Indemnification Provision Provides for Only One-Way Fee Shifting
By John Lundin
On October 2, 2025, Justice Patel of the New York County Commercial Division issued a decision in Credit Suisse Intl. v. Broadcom Inc., 2025 NY Slip Op. 33772(U), holding that…
The Wannos Law Firm Blog
Navigating Attorneys’ Fees in Fee-Shifting Employment Cases: Why Your Mediator’s Approach Matters
By Karly Wannos
By Karly Wannos, Esq. | Employment Attorney & Florida Supreme Court Certified Circuit Mediator Employment disputes—especially those involving discrimination, retaliation, and wage claims—often include fee-shifting provisions, where the prevailing party…
Delaware Corporate & Commercial Litigation Blog
Chancery Explains Standard for Fee Shifting in Connection with Denials in Reply to Requests for Admissions
Compared to what might be described as an epistemological analysis of some aspects of Delaware corporate law, this short post is a more practical tool for the toolbox of litigators…
Hague Law Blog
Rule 4(d), offshore fee-shifting, and a really crummy precedent.
By Aaron Lukken
(Hat tip to Ted Folkman, for whom Gurung v. Molhatra is a White Whale. This issue is one of mine, for similarly frustrating reasons addressed in 2020 and extended here.)…
Archer Estate & Trust Litigation Law
Limitations Defined to Exception to “American Rule”: Fee Shifting in Guardianship Actions
In the Matter of A.D., 477 N.J. Super. 288 (App. Div. 2023) This published opinion defines limitations to the exception to the American Rule against fee shifting in guardianship actions. …
Archer Estate & Trust Litigation Law
Fee Shifting Order Violated “American Rule”
Matter of Estate of Ryan, No. A-2252-21, 2023 WL 6799134 (N.J. Super. Ct. App. Div. Oct. 16, 2023) This case addressed fee shifting and the application of the American Rule…
Delaware Corporate & Commercial Litigation Blog
Litigation Misconduct Warrants Fee Shifting
For my latest ethics column, now in its 25th year, for the national publication of the American Inns of Court called The Bencher, in the January/February 2024 edition, I highlight…