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Fee-Shifting

101 published works

  1. Corporate and Securities Law

    Fee-Shifting Provision in Stockholders Agreement Does Not Violate Delaware Law

    By Steve Quinlivan

  2. PrawfsBlawg

    Anti-SLAPP fee-shifting in federal court

    By prawfsblawg@gmail.com

    Main Thursday, August 06, 2020Anti-SLAPP fee-shifting in federal courtI have argued in prior posts that the solution to SLAPP suits is not the heightened standards from state laws (which cannot…

  3. Protecting Your Legal Practice

    NJ’s Highest Court Reverses Ethical Requirements Imposed on Retainer Agreements by Attorneys Handling Fee-Shifting Cases

    By Marie L. Mathews

    The Supreme Court of New Jersey reversed the “ethical pronouncements” from the 2018 decision in Cige v. Balducci, pursuant to which an appellate panel found that a retainer agreement entitling…

  4. Legal Profession Blog

    New Jersey Upholds Invalidation Of Fee Agreement: Creates Committee To Address Fee Ethics

    By Michael Frisch

    The facts of a decision by the New Jersey Supreme Court are summarized in the headnotePlaintiff Lisa Balducci instituted a declaratory-judgment action to invalidate the retainer agreement into which she…

  5. IP Update

    Determination of ‘Exceptional’ Under § 285 Must Be Made at the ‘Case’ Level

    By Brian A. Jones

    Addressing the proper test for shifting fees under 35 U.S.C. § 285, the US Court of Appeals for the Federal Circuit held that a district court erred when it shifted fees…

  6. Merge Mediation Group Blog

    Should Fee Shifting Provisions Condition Recovery of Attorneys’ Fees on Participation in Mediation Before a Lawsuit is Filed?

    By Josh Fruchter

    To deter parties from taking frivolous positions in connection with contractual relationships, agreements often contain fee shifting provisions that entitle a prevailing party to recover reasonable attorneys’ fees in any…

  7. The D&O Diary

    Proposed Nevada Legislation Introduces Fee-Shifting in Shareholder Litigation

    By Kevin LaCroix

    A short time ago, a storm of controversy briefly emerged after a Delaware court endorsed a firm’s adoption of a fee-shifting bylaw. The controversy quieted down after the Delaware legislature…

  8. Delaware Corporate & Commercial Litigation Blog

    Rare Instance of Fee Shifting in Section 220 Case

    By Francis Pileggi

    Among the multitude of court decisions on DGCL Section 220 highlighted on these pages, a rare bird is the shifting of fees by the court based on the bad-faith exception…

  9. Association Alert

    Attorney Fees – How Do I Get a Court to Award Them to My Association and What is a Fee Shifting Provision?

    By Daniel Miske

    Most states, including Wisconsin, follow the American Rule when it comes to attorney fees.  In simple terms, it provides that each side in a lawsuit is responsible for their own…

  10. Consumer Finance Monitor

    Consumer Advocates’ Proposed “Arbitration Multiplier” Is a Wolf in Sheep’s Clothing

    By Alan S. Kaplinsky, Mark J. Levin

    According to a forthcoming article by Professors Andrea Chandrasekher and David Horton in the California Law Review, more consumers and their lawyers would take advantage of individual arbitration if states…