A corporate or individual litigant is usually
responsible for the payment of its own attorneys' fees and costs in a lawsuit
in the New York state courts. New York follows the
so-called "American Rule" that a litigant is "not . . . allow[ed] . .
. to recover damages for the amounts...
by David F. Paulson, Jr. & Miles S. Bruder*
Enforcing commercial contracts will likely become a
less-costly proposition in North Carolina this fall, thanks to a new exception
to the state's general ban on attorneys' fee awards to a prevailing party in
When corporate officials face an SEC enforcement action, the
testimony of non-party corporate employees is sometimes required. The insurance
question that may arise when this happens is whether the attorneys' fees
incurred in connection with these witnesses' testimony is covered under the...
provide that in the event of litigation
arising out of a breach, the prevailing party will be entitled to recover
"reasonable" attorneys' fees from the losing party. Some attorneys,
however, hoping to obviate the need for a mini-trial regarding the
David Marcus writing for The Deal , adds to the
growing commentary suggesting that plaintiffs' lawyers who file class actions,
especially those challenging mergers, will be inclined to increasingly avoid
Delaware Courts if the Court continues to impose more stringent prerequisites
In an example that not all transaction-related litigation
is created equally, Reuters is reporting Del Monte and Barclays have agreed to a
settlement in the pending challenge to the Del Monte transaction. You'll
remember that Vice Chancellor Laster's earlier opinion in this case raised
Capital Corp. v. Gatz Properties, LLC , is an iconic opinion
from the Delaware Court of Chancery that was issued on Jan. 27, 2012 and highlighted
on these pages here. This decision is momentous because it explains
why fiduciary duties will apply by default to managers and controlling members...
v. Adams, C.A. No. 4199-VCN (Del. Ch. March 30, 2012).
The Court of Chancery addressed the standard for
awarding attorneys' fees when there has been a stipulated dismissal of a
derivative action which was largely mooted by measures taken by the defendant
In EMAK Worldwide, Inc. v.
Kurz, No. 512, 2011 (Del. April 17, 2012), the Delaware Supreme Court
considered whether the Court of Chancery properly granted an interim fee award
in a shareholders' suit which did not produce an immediate monetary benefit. The
case involved a control dispute involving...
Persistence can be a valuable quality, but when it leads to an unjustified refusal to give up a questionable case, the party suffering from persistency can get socked with attorneys' fees. That was the result in Judge Gale's Order on Tuesday in McKinnon v. CV Industries, Inc.
Seibold v. Camulos Partners LP , C.A. No. 5176-CS (Del. Ch. Sept. 17, 2012).
Issue Address : Did hedge fund breach the limited partnership agreement by not distributing to the departing partner his capital investment?
Short Answer : Yes. In addition, the Court addressed many related claims and...
It's hard for me to think of a case I'd rather not write about than GR&S Atlantic Beach, LLC v. Hull , 2012 NCBC 52 [ enhanced version available to Lexis.com subscribers ]. It's not just that it's deathly boring or that it involves the interpretation of poorly written transaction...