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Some lawyers adopt an aggressive stance as a deliberate strategy, believing it will secure better outcomes for their clients. Others may be combative by nature. It’s important to distinguish between tactical aggressiveness...more
Cross-border legal disputes are a fixture of our global economy. As a result, companies headquartered outside of the United States often find themselves involved in U.S.-based litigation or arbitration. This experience is...more
I am often asked, “When is the best time to schedule a mediation?” Some lawyers like to schedule mediation as early as possible in the litigation, as soon as it becomes clear the parties will not be able to settle it...more
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
I regularly check the posts in the Maryland Lawyers group on Facebook. Posts often contain useful general information about the courts, such as with MDEC. Other times, lawyers share potential client referrals. But mostly I...more
The recent case of Edelson, P.C. v. Girardi, et al.[i] shows what can happen when a fee-sharing agreement goes bad. Edelson, P.C. claims that it acted as Illinois local co-counsel for California law firm Girardi Keese under...more
The Facts The plaintiffs in two separate class actions (Fox v Westpac Banking Corporation & Anor (Fox) and Crawford v Australia and New Zealand Banking Group Ltd & Ors (Crawford)) sought GCOs from the court pursuant to the...more
In 1963, the California Supreme Court adopted the “tort of another” doctrine in the seminal case Prentice v. North American Title Guaranty Corporation (1963) 59 Cal.2d 618. According to the doctrine, any party who is...more
Doing Business with a Client – Rule 1.8 Conflicts Arising from Transactionswith Clients – Enforceability of the Transaction - Calvert v. Mayberry, 2019 CO 23 - Risk Management Issue: What are the risks for an attorney who...more
The thought of attorney’s fees can strike fear in even the most brave and confident business person. This is because the law is one of the few fields where you may ask for services and agree to pay for them while not knowing...more
Litigation funders are well aware that half of the potential market is largely untapped. Clients would prefer to focus on their business rather than litigation, and offload some or all of their defense costs to a third-party....more
Third-party litigation and arbitration funding is increasingly being utilized in the United States. Are the corresponding financing costs recoverable in arbitrations? According to the N.Y. Times, dispute resolution funding...more
Fee objections happen often, but they are not always what they seem. Next time a prospect objects to your firm’s fees, think about the following questions: Is it real? Is it time? Is there something else? Is that all?...more
On November 15 and December 2, 2013, the Second Circuit Court of Appeals, in In re Thelen LLP and In re Coudert Brothers LLP, certified to the New York Court of Appeals the question of whether a client matter, billed on an...more