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Litigation Fees & Costs

Nelson Mullins Riley & Scarborough LLP

From Passive Investment to Activist Shareholder: Litigation Funders Are Now Creating Their Own Dockets

Third-party litigation financing (TPLF) has been a hot topic amongst litigators for a long time. Scarcely, a week goes by without a feature article appearing in a legal publication on the latest trends in litigation financing...more

Stark & Stark

Understanding Workers’ Compensation Costs and Fees in New Jersey

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This is a common question, and it is necessary to fully understand the costs and fees that will be deducted from your award as you consider a potential settlement or are reviewing a judgement by a Judge of Compensation. The...more

Bennett Jones LLP

Superior Court of Quebec Warns of the Risks of Making Settlement Approval Contingent on Approval of Class Counsel Fees

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In Walid c. Compagnie Nationale Royal Air Maroc, 2024 QCCS 2674, the Superior Court of Quebec refused to approve a settlement agreement because Class Counsel’s fees were unreasonable and excessive, even though the settlement...more

Esquire Deposition Solutions, LLC

Modest $120 Award Created Right to Recover Deposition Costs

We’ve written frequently on ways that parties can recover their costs of suit — particularly deposition-related costs — at the conclusion of civil litigation. Costs related to deposition transcripts used at trial, deposition...more

BCLP

The winding road ahead: navigating representative proceedings in the High Court

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With the rise of litigation funding of group actions, there has been an increasing use of representative actions by Claimants in recent years. In turn, Defendants are challenging this and the Courts are scrutinising cases in...more

Legal Internet Solutions Inc.

Gen AI and Attorney Ethics: A State-by-State Roundup

Be cautious, be curious, be vigilant, and be brave. Those were the words of the New York State Bar Association’s Task Force on Artificial Intelligence. It is good advice. GenAI is here and lawyers need to understand its...more

Farrell Fritz, P.C.

“Prevailing Party” Attorneys’ Fee Provisions

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Contracts with “prevailing party” provisions offer the tantalizing, coveted prospect of the winner recovering attorneys’ fees from the loser in legal disputes over the contract’s enforcement....more

McGuireWoods LLP

Seeking Attorney’s Fees Triggers Work Product Waiver Issues: Part II

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Last week’s Privilege Point described two cases finding that successful plaintiffs had waived work product protection covering their invoices and other attorney’s fees billing documents because they sought attorney’s fees as...more

Butler Snow LLP

Dead Letter or Dead to Rights?

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In most cases, the grind of litigation moves forward under the careful scrutiny of courts and within the applicable rules of civil procedure. Settlement, on the other hand, is often separate and secretive; hammered out after...more

Butler Snow LLP

50 State Survey: Offer of Judgment Statutes and Rules

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Most states have an offer of judgment provision, and many of them are patterned after Federal Rule of Civil Procedure 68. Unlike Fed. R. Civ. P. 68, some states allow either party—not just the defendant—to make an offer of...more

Fisher Phillips

PAGA Reform Could Mean Sweet Relief for PEOs: The 3 Things You Can Do to Save Up to 85% on California Litigation Costs

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There are three actions PEOs and their customers can take to save up to 85% in California litigation costs thanks to a recent legislative compromise. Anyone doing business in California is no doubt familiar with the Private...more

Foley Hoag LLP - Environmental Law

After Jarkesy, What Happens to EPA's Authority to Collect Administrative Civil Penalties?

Yesterday, in SEC v. Jarkesy, the Supreme Court ruled that the defendants in a securities fraud case brought by the SEC were entitled to have the SEC’s claims for civil penalties decided by a jury. The question now is how...more

Greenbaum, Rowe, Smith & Davis LLP

New Jersey Supreme Court Publishes First Opinion Addressing First-Party Indemnity Provisions

On May 30, 2024, the Supreme Court of New Jersey issued its decision in Boyle v. Huff, holding that an indemnification clause cannot apply to first-party claims unless the parties include specific language expanding the...more

Hogan Lovells

UK Government’s snap general election stalls Bill intended to clarify litigation funding regulations

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The UK’s snap general election has delayed indefinitely the progress of draft legislation which had been introduced with a view to restoring the pre-PACCAR status quo in which litigation funding agreements were distinct from...more

Kaufman & Canoles

Court of Appeals of Virginia Holds Plaintiff Who Did Not Seek Reimbursement in its Partition Complaint

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On Tuesday, in Lehmann v. WFV Holdings, LLC, Record No. 0201-23-2 (Ct. App. Va. May 14, 2024), available here, the Court of Appeals of Virginia reversed a decision from the Circuit Court of Amelia County, holding that because...more

International Lawyers Network

Law Firm ILN-telligence Podcast | Episode 92: Ron Davis | Fogler Rubinoff

Ron Davis is a partner with Fogler Rubinoff in Toronto, where he has over 35 years of litigation experience. In this episode, he and Lindsay chat about challenges and opportunities in the legal industry in Toronto and...more

Dorsey & Whitney LLP

Ensuring Access to Justice: The Litigation Funding Agreements (Enforceability) Bill and the Path Forward Post-PACCAR

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Following the second reading of the Litigation Funding Agreements (Enforceability) Bill in the House of Lords on April 15th, there is a shared acknowledgment among the House of the significance of maintaining and protecting...more

Esquire Deposition Solutions, LLC

How Requests for Admission Can Trigger Right to Recovery of Deposition Costs

A recent blog post here examined the circumstances under which a prevailing party in litigation can obtain reimbursement for deposition-related costs in federal courts. The rules are complicated, constrained by the statutory...more

Best Best & Krieger LLP

SCOTUS Moves On Sheetz: Development Impact Fees Imposed By Legislation Must Pass Takings Scrutiny

On April 12, 2024, the United States Supreme Court delivered its highly-anticipated opinion in Sheetz v. County of El Dorado, unanimously holding that fees imposed through legislative action as a condition of property...more

ArentFox Schiff

Look Before You Leap: Nine Fundamentals of Effective Subpoena Responses for Nonprofits and Associations

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Nonprofits and associations commonly receive subpoenas. Though it can be stressful to receive one, engaging in appropriate due diligence can help an organization effectively manage its response....more

IMS Legal Strategies

GoSueMe: The Broken Promises Of Third-Party Litigation Funding

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Forget cryptocurrency—there is another kind of investment making the news in recent years and creating major headaches for corporate defendants: litigation funding. Originally published in the Winter 2024 Issue of In-House...more

Carlton Fields

[Webinar] 2024 Class Action Survey Results - May 2nd, 1:00 pm - 2:00 pm ET

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Please join us for a webinar on the 2024 Carlton Fields Class Action Survey results. Now in its 13th year, the survey offers both a current snapshot and insights over time into management practices and experiences of in-house...more

Farrell Fritz, P.C.

Two Cases. Two Mammoth Fee Awards. Coup de Grâce or Pyrrhic Victory?

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Under a common-law doctrine successful litigants love to hate – the “American Rule” – a party to litigation cannot recover its legal fees unless a contract, statute, or court rule expressly authorizes fee-shifting to the...more

Orrick, Herrington & Sutcliffe LLP

Litigation Finance: Questions Companies Should Consider in Deciding Whether to Pursue Litigation Financing

Litigation finance is a growing industry. Increasing awareness of the ability to finance lawsuits is changing claimants’ analysis of when to bring claims and how to fund their businesses while they do. In deciding whether...more

Esquire Deposition Solutions, LLC

Using Technology to Trim Litigation Costs

The emergence of artificial intelligence as a critical legal technology has prompted discussions among law firm leaders regarding how AI usage should be disclosed to clients and who – the law firm or the client – should...more

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