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Inside Counsel

IP: Four tips for the successful mediation of patent cases

Patent litigation continues to be a booming business.
4 minute read

Inside Counsel

NCAA opposes class cert in antitrust suit

Things are heating up between the National Collegiate Athletic Association (NCAA) and some of its basketball and football players.
4 minute read

Inside Counsel

Suit claims toddler ate used condom at McDonald’s

Parents: Brace yourselves for some nasty news that might make you think twice about letting your toddler frolic around fast-food restaurant play areas.
2 minute read

Inside Counsel

Facts & Figures: Corporate counsel report increased litigation, regulatory investigations

From law firm profits to part-time lawyers, an inside look at the numbers that count
5 minute read

Inside Counsel

Reuters journalist charged in Anonymous hacking conspiracy

A 26-year-old journalist is in some hot water with the Department of Justice (DOJ).
4 minute read

International Edition

Confusion will reign unless Government clarifies terms used in DBA regulations

From the beginning of April, for the first time, lawyers will be able to conduct litigation before the English courts in return for a share of any damages. The introduction of contingency fees, or damages-based agreements (DBAs) as they are now called, was recommended in Lord Justice Jackson's final report in January 2010 and is being implemented by section 45 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012. Lord Jackson favoured the introduction of contingency fees in part because he considered it desirable that as many funding methods as possible should be available to litigants. He also saw particular force in the freedom of contract argument: if the client wishes to enter into a contingency fee agreement with their lawyer, they should be free to do so. We agree, but it seems that the new regime will be hampered from the outset by unnecessary complexity and confusion. On 23 January, just over two months before the legislation is due to come into force, the Government published the draft Damages-Based Agreements Regulations 2013, which set out the requirements a DBA must meet in order to be enforceable.
6 minute read

International Edition

HSF names new China managing partner as Tortoishell steps down

Herbert Smith Freehills (HSF) has appointed Hong Kong arbitration partner Justin D'Agostino as its new Greater China managing partner. D'Agostino will replace Andrew Tortoishell in the role from 1 May, ahead of Tortoishell's retirement from the HSF partnership on 30 June 2013. D'Agostino has acted as counsel and advocate before tribunals in Hong Kong, London, Singapore, Beijing, Bangkok, Zurich, and The Hague, including a role for Grand Pacific Holdings Limited in its high-profile and successful appeal against a decision by the Hong Kong Court of First Instance.
2 minute read

Inside Counsel

Ex-employee sues PIMCO over wrongful termination

A former portfolio manager at Pacific Investment Management Co. (PIMCO) is crying foul after the company fired him last year.
4 minute read

Inside Counsel

Litigation: 5th Circuit upholds reduction of jury's non-economic damages award pursuant to Mississippi's statutory civil damage caps

In November, my law partner David Maron previewed the anticipated decision of the U.S. Court of Appeals for the 5th Circuit in Sears, Roebuck & Co. v. Learmonth.
4 minute read

Inside Counsel

Litigation: Preliminary agreements may not be as “preliminary” as you expect

Youve been negotiating with the other side and have finally nailed down most of the terms. You want to memorialize those terms in a preliminary agreement or memorandum of understanding, but make everything subject to a final written formal document in case you still cant agree on the final terms....
5 minute read

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