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Motion to Dismiss › Attorney's Fees › The Copyright Act

Vondran Legal

Strike 3 Holdings stipulates to dismiss, but no attorney fees for Defendant?

Vondran Legal on

There are times when Strike 3 cannot prove its case and may be forced to dismiss the case. In these instances, the defendant may well be deemed the "prevailing party" in the case, which can support an award of costs and...more

McDermott Will & Schulte

Change in Law Leading to Case Dismissal Doesn’t Preclude Attorneys’ Fees

McDermott Will & Schulte on

Addressing the symmetrical fee-shifting provision of the Copyright Act and whether a prevailing defendant was entitled to fees even when the plaintiff moved to dismiss the case in response to a change in law, the US Court of...more

Holland & Knight LLP

SDNY Court: Claim Must Be "Wholly Without Merit" to be Entitled to Attorney Fees Under DTSA

Holland & Knight LLP on

Magistrate Judge James L. Cott of the U.S. District Court for the Southern District of New York recently recommended denial of a motion for attorneys' fees to a prevailing party under the Defend Trade Secrets Act (DTSA). The...more

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