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Litigation Fees & Costs

Jenner & Block

$17 Million Attorney Fee Award Aims to Deter Malicious Trade Secret Misappropriation

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Singapore-based XP Power has been ordered to pay $17 million in attorneys’ fees to opponent Comet Technologies, USA, following Comet’s victory at trial. The Northern District of California issued the order in January 2025,...more

Offit Kurman

Five Things to Know About Hiring a Litigator

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Did you get sued for the first time? Then you’ve got litigation on your hands. Litigation is just another word for a court case. Choosing an attorney to represent you in that litigation is tricky — and very important....more

Goodwin

Federal Circuit Confirms Deductibility of Hatch-Waxman Litigation Expenses

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On March 21, the Court of Appeals for the Federal Circuit held in a precedential opinion that legal fees incurred by generic drug companies in defending against patent infringement suits brought under the Hatch-Waxman Act...more

Fenwick & West LLP

A Recent Tax Ruling Has Made ANDA Litigation Less Burdensome for Generics

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In Actavis v. U.S., a case at the intersection of tax law and patent law, the Federal Circuit held that generic drug companies’ Hatch-Waxman litigation expenses are “ordinary and necessary business expenses” and can be...more

Offit Kurman

Suing Someone? Five Crucial Factors to Consider Before Proceeding

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So, you think you can sue. Maybe you had a contract, and the other side breached it. Or maybe someone owes you money, and you’re ready to go after them. Not so fast. Starting a lawsuit is a big step, and there are many...more

Sands Anderson PC

Legislation in Virginia General Assembly May Affect Appeals

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Senate Bill 999 has passed the Senate and been reported out of the Civil Subcommittee from the House Courts of Justice Committee. The bill, if passed by the House and signed by the Governor, would have two important...more

Smart & Biggar

Costs awards in Canadian IP proceedings – update and future directions

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Most IP litigation in Canada takes place in the Federal Court. Pursuant to the Federal Courts Rules1, the Court has a broad discretion in awarding costs. However, the Federal Court will typically order the losing party to pay...more

Foley & Lardner LLP

Litigation Avoidance, Part I: Balancing the Time and Expense of Discovery to Achieve Better Outcomes

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We understand. The other party to your contract breached your deal, acted in bad faith, and cost you money and your business reputation. It’s personal; you trusted them, and they abused your trust. You want to sue them...more

Jones Day

Third Party IPRs Sway District Court’s Prevailing Party and Costs Rulings

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Third-party IPRs can moot previously favorable decisions and leave a previously successful party to bear its own costs. On October 16, 2024, Judge Rodney Gilstrap denied the plaintiff’s Motion to be Confirmed as the...more

Miles Mediation & Arbitration

Business Breakups: Why Business and Commercial Cases Are Well-Suited to Mediation

Breaking up is hard to do, as the old song says, and perhaps especially so in the case of partnership breakups and business disputes. Emotion and pride can easily cloud sound business judgment and make it difficult to reach a...more

Hogan Lovells

UK reform of litigation funding – CJC issues Interim Report and opens consultation

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The Civil Justice Council Interim Report gives first hint of potential reform in litigation funding. The funding industry has been contending with a state of flux since the July 2023 judgment of the Supreme Court in the...more

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

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