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New York Law Journal

First Department Revives Manhattan Law Firm's Legal-Fees Suit Alleging Fraud by Client

Scarola Zubatov Schaffzin's Supreme Court suit based on alleged fraudulent inducement committed by former client Dynamic Credit Partners and its principal, James Finkel, will go forward after the Appellate Division, First Department ruled that "summary judgment should not have been granted to defendants."
5 minute read

Law.com

Skilled in the Art With Scott Graham: Six Takeaways From Judge Connolly's Amicus-Like Filing on Patent Ownership Transparency + Who's Arguing a $5.9 Million Fee Award?

The judge fired a massive salvo in his campaign to pull back the curtain on litigation funding generally and on patent monetization company IP Edge in particular.
12 minute read

Daily Business Review

Appellate Court: Legal Malpractice Suit Not Time-Barred, Can Proceed on 'Due Diligence Checklist' Claim

"On behalf of Mr. Gavin, Mr. Carlisle, and Liles, Gavin & George, P.A., we are pleased that the appellate court upheld the trial court's dismissal of the majority of the substantive allegations against our clients," said Sarah Hulsberg, an associate at Murphy Anderson in Jacksonville said on behalf of the defendants.
5 minute read

National Law Journal

Can the USPTO Director Award Attorneys Fees? OpenSky and VLSI Are About to Find Out

PTO Director Kathi Vidal has said she intends to sanction OpenSky Industries "to the fullest extent of the director's power" for double-dealing behavior in an America Invents Act proceeding. OpenSky is arguing that the AIA does not authorize an award of attorneys fees.
3 minute read

National Law Journal

Law Professor Warns of States Weaponizing Attorney Fee Provisions

A University of Denver law professor looks at how some states are mirroring a Texas provision meant to fend off challenges to the state's anti-abortion law.
7 minute read

New York Law Journal

Contract Language on Attorney Fee Recovery Must Be Clearly Stated

The Court of Appeals ruled last month that language in a contract must be express and "unmistakably clear" in order to evince the parties' intent to indemnify each other for attorney fees in an action between the parties.
6 minute read

The Recorder

All That Stands Between These Lawyers and a $310M Deal Is 1 Order—Can They Get It?

Plaintiffs lawyers and Apple's attorneys filed a Nov. 11 motion to approve the deal, which the Ninth Circuit reversed on Sept. 28.
4 minute read

Law.com

Attorney Ordered to Pay $58K for Overbilling Public Defender's Office, Agrees to Disbarment

"As a general rule, the annulment of a lawyer's license to practice law does not moot or void sanctions imposed in relation to a prior or concurrent disciplinary matter unless the subsequent or concurrent annulment contains language specifically voiding other properly imposed sanctions," Justice Tim Armstead wrote on behalf of the court.
5 minute read

Delaware Business Court Insider

TransPerfect, in Petition to SCOTUS, Says Chancery Sanction 'Threatens to Warp Complex Corporate Litigation'

Ex-Chancellor Andre Bouchard, who retired from the court last year, imposed sanctions on TransPerfect and Shawe in October 2019, ultimately leading to a contempt fee of more than $1.1 million. The company is asking for that to be wiped out.
3 minute read

Law.com

'Totally Out of Control' Attorney Fees in Mass Torts Dodge Appellate Review

U.S. District Judge Vince Chhabria, in a 2021 holding in the multidistrict litigation over Monsanto's Roundup pesticide, called common benefit fees "totally out of control," sending shockwaves throughout the mass torts bar. But the Ninth Circuit, in a five-page unpublished opinion, found it lacked jurisdiction to review the order.
7 minute read

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