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LexisNexis Legal Newsroom Staff
over 6 years ago
Immigration Law
Immigration Law Blog
News Excerpts From the May 15, 2016, Bender’s Immigration Bulletin
USCIS Finishes Data Entry for Cap-Subject H-1B FY17 Applications | USCIS announced on May 2 that it has finished data entry for cap-subject H-1B petitions. It will begin returning those not chosen in the lottery. Some petitions are being transferred...
Steven M. Siros
over 6 years ago
Environmental
Clean Air and Clean Water
U.S. EPA Ordered to Pay Attorneys' Fee Sanction In Clean Water Act Lawsuit
A federal district court judge in Texas has granted a developer’s motion for summary judgment against the United States, [subscribers can access an enhanced version of this opinion: lexis.com | Lexis Advance ], and ordered the Government to reimburse...
Margit Livingston
over 7 years ago
Contracts and Commercial Law
Contracts and Commercial Law Blog
Professor Margit Livingston on Attorneys' Fees as Collateral under U.C.C. Article 9
Article 9 of the Uniform Commercial Code permits many different types of property to serve as collateral—both tangible and intangible. Sometimes law firms find themselves in need of funds to support their efforts on behalf of clients and may seek...
Daniel M. Kowalski
over 7 years ago
Immigration Law
Inside News
W.D. Mo. on H-1B Benching, Illegal Fee Shifting: Greater Mo. Medical Pro-Care Providers, Inc. v. Perez
"This case originated on or about June 23, 2006 when Alena Gay Arat, a therapist from the Philippines, submitted an H-1B complaint against Greater Missouri. Arat made several allegations, including: Greater Missouri failed to pay her and other H...
Daniel M. Kowalski
over 7 years ago
Immigration Law
Inside News
Attorney's Fees Awarded; Bad Faith Conduct by DOS, USCIS: Guerra v. USA
"After careful review of the record during the course of these proceedings, as well as consideration of the conduct underlying the litigation, the Court finds that this is the exceptionable case where an award of bad faith fees is necessary to compensate...
Mack Sperling
over 6 years ago
Corporate
Business Law Blog
NC Court of Appeals Affirms Business Court Award of $1 Million in Fees to Class Counsel
It seems like forever ago that the then venerable North Carolina institution, Wachovia Bank, failed and was acquired by Wells Fargo. (This was actually seven years ago). But just last week came what might be the final closure in the battle by the lawyers...
Mack Sperling
over 7 years ago
Corporate
Business Law Blog
When You Wish Upon a (Lode)Star: NC Business Court Cuts Fees Requested by Attorneys for Class Plaintiffs
The Business Court last week knocked down a fee request of Plaintiffs' class action counsel to $500,000, from the $660,000 requested, in an Order in Nakatsukasa v. Furiex Pharmaceuticals, Inc. , 2015 NCBC 68 [subscribers can access an enhanced version...
Mack Sperling
over 7 years ago
Corporate
Business Law Blog
One Superior Court Judge Overruling Another?
You are all familiar with the old adage that "one Superior Court Judge cannot overrule another Superior Court Judge." But apparently there is at least a little bend in that rule, as illustrated by Judge Bledsoe's opinion this past Thursday...
Mack Sperling
over 7 years ago
Corporate
Business Law Blog
The NC Business Court Rules on Recovering Attorneys' Fees in a Derivative Action Against an LLC
In this week's opinion in Ekren v. K&E Real Estate Investments , 2014 NCBC 56 , Judge Bledsoe outlined how a derivative action plaintiff can recover attorneys' fees [ an enhanced version of this opinion is available to lexis.com subscribers...
Jordan D. Maglich
over 8 years ago
Banking and Finance
Banking & Finance Law Blog
Judge: No Priority Payment For Ponzi Schemer's Legal Fees
A Pennsylvania judge has denied a request to allow a convicted Ponzi schemer's lawyer to collect his legal fees from funds earmarked for victims. Defense lawyer George Heitczman had petitioned the court to permit payment of his approximately-$20,000...
Jordan D. Maglich
over 7 years ago
Banking and Finance
Banking & Finance Law Blog
Judge Denies Charging Lien on Ponzi Victim Distributions
A federal judge has issued an order denying an attempt by lawyers for certain victims of the $600 million ZeekRewards Ponzi scheme to place a "charging lien" against hundreds of thousands of dollars in interim distributions due to those victims...
Kenyon & Kenyon LLP
over 7 years ago
Intellectual Property
Patent Law Blog
S.D.N.Y Denies Attorneys’ Fees and Costs Despite Summary Judgment Win on Invalidity and Non-Infringement
by Lewis V. Popovski , Abhishek Bapna , and Vivian Cheng District Judge P. Kevin Castel denied defendants Acco Brands Corp.’s and Staples, Inc.’s motion for attorneys’ fees and costs under 35 U.S.C. § 285, and granted in part...
Melissa Ritti
over 8 years ago
Intellectual Property
Patent Law Blog
Supreme Court: No De Novo Review of Attorney Fee Awards
WASHINGTON, D.C. — (Mealey’s) The U.S. Supreme Court yesterday held that an appellate court “should review all aspects” of a district court’s decision to award attorney fees under Section 285 of the Patent Act under an “abuse...
Melissa Ritti
over 8 years ago
Intellectual Property
Patent Law Blog
Supreme Court Rejects Federal Circuit’s Exceptionality Test
WASHINGTON, D.C. — (Mealey’s) The standard employed by the Federal Circuit U.S. Court of Appeals for awards of attorney fees in patent cases is “unduly rigid” and “impermissibly encumbers the statutory grant of discretion...
Duane Morris LLP
over 8 years ago
Criminal Law and Procedure
Criminal Law and Procedure Blog
U.S. Supreme Court Restricts Challenges to Pretrial Seizure of Defense Funds
The U.S. Supreme Court recently weakened a criminal defendant's ability to challenge the Government's pretrial seizure of assets that a defendant has allocated for mounting a defense. In Kaley v. United States , [1] the Court eliminated a defendant's...
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