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Fee-Shifting

101 published works

  1. Sanns ADR

    Why You Should Settle A Fee Shifting Case

    By Marvin Schuldiner

    Fee shifting is permitted when a statute or contractual provision provides for the loser of a lawsuit to pay the winner’s legal costs. Generally in the United States, we follow…

  2. Delaware Corporate & Commercial Litigation Blog

    Fee-Shifting in Rule 5.1 Dispute

    By Francis Pileggi

    Delaware Court of Chancery Rule 5.1 provides the standard and an intricate series of procedures for the parties to seek “confidential treatment” to prevent pleadings filed with the court from…

  3. Sidley Austin Blog

    Two Cautionary Tales: Fee Shifting Imposed for Litigating Books-and-Records Inspection Demands

    By Hille R. Sheppard, Thomas H. Collier

    While there are limits to a stockholder’s right to inspect books and records under Section 220 of the Delaware General Corporation Law or other sections allowing inspection—and corporations can negotiate the…

  4. Family

    Scope of Fee-Shifting Statute Addressed in Cleveland, Tennessee Postdivorce Dispute: Parker v. Parker

    By K.O. Herston

    When can a prevailing party recover attorney's fees for civil or criminal contempt in Tennessee?

  5. Sidley Austin Blog

    How To Draft Fee-Shifting Provisions in Indemnification Clauses

    By Heather Benzmiller Sultanian, Jarrett H. Gross

    Delaware courts have determined that even quite broad language referencing attorneys’ fees may not be explicit enough to shift fees in first-party litigation. The post How To Draft Fee-Shifting Provisions…

  6. New York Trusts & Estates Litigation

    The Answer is Almost Always No

    By Frank T. Santoro

    When clients ask whether they can “sue for legal fees,” the courts continue to reiterate that the answer is almost always no; that the American Rule still controls.  In our…

  7. Health Care and Life Sciences

    Defendant Aventis Pharma Awarded Over $17.2 Million in Attorneys’ Fees in False Claims Act Case

    By George B. Breen, Erica Sibley Bahnsen, Daniel C. Fundakowski, Elizabeth A. Harris, Devon Minnick

    In a move that reminds us that successful defendants can—and should—seek attorneys’ fees in the right case, a magistrate judge in the U.S. Court of Appeals for the Ninth Circuit…

  8. Canna Law Blog

    California Cannabis Supply Chain Contracts: Fee-Shifting Provisions

    By Griffen Thorne

    California’s cannabis regime is set up to separate every point in the supply chain into different license types: cultivation, manufacturing, distribution, testing, and retail sales, to name a few. Except…

  9. Delaware Courts

    Chancery Rules on Equitable Fee Shifting and Indemnity Provisions in Support of Fee Shifting

    By John Delikanakis

    On December 31, 2020, Vice Chancellor Glasscock issued an opinion regarding what he called a “novel issue” arising from cross motions for fees. The motions were supported by a contractual…

  10. Delaware Corporate & Commercial Litigation Blog

    Chancery Addresses Contractual Fee-Shifting Where Prevailing Party Is Unclear

    By Francis Pileggi

    Applying a contractual fee-shifting provision when it is not clear which party prevailed, is a topic that does not benefit from an extensive body of case law, relatively speaking. The…