Jones Day Talks: Women in IP: The Supreme Court's "Copyright Day"
Breaking news from the United States Court of Appeals for the Eleventh Circuit involving the case of RJ's International Trading, LLC vs. Crown Castle South, LLC. The court has certified a pivotal question to the Florida...more
A.R.S. 12-341.01 TEXT OF THE LAW - A. In any contested action arising out of a contract, express or implied, the court may award the successful party reasonable attorney fees. If a written settlement offer is rejected and...more
When the term “prevailing party” is not carefully defined, it can lead to a result where your company or client is left without the possibility of recovering attorney’s fees or having to pay the other side’s attorney’s fees....more
Are they a good idea? Lawyers drafting or reviewing contracts should carefully consider whether a fee shifting clause serves the parties’ interests. Sometimes, perhaps often, they do not. Bonnie and Gus agreed that...more
An LLC Jungle post from last year addressed the issue of whether derivative claims can be pursued for a dissolved LLC. See: Can Derivative Claims be Pursued for a Dissolved or Cancelled LLC? The short answer is “yes.”...more
When a party is allowed to rescind a contract, the contract is quite literally torn up. Thus, Section 1688 of the California Civil Code provides "A contract is extinguished by its rescission". If a contract is extinguished by...more
Lenders who prevail on claims arising from a deed of trust can always recover their attorney fees from the losing party as long as the deed of trust says something about fee recovery, right? It’s not that simple....more
This is a common question from clients involved in litigation – – especially estate litigation. As a general rule, a party cannot recover attorney’s fees for successfully prosecuting or defending a lawsuit. This is the...more
Unlike many states, Arizona has long provided for the recovery of attorney fees, albeit on a discretionary basis, in contested contract disputes. See A.R.S. § 12-341.01(A). The Arizona legislature made clear, however, that...more
As every landlord who’s successfully evicted a tenant knows, recovering all your attorney fees and litigation costs from the tenant often proves to be an unrealistic goal. Even with a creditworthy tenant or guarantor, there...more