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The Intellectual Property Strategist
Attorney’s Fees After Octane: More Chances for Defendants to Even the Playing Field
Rudy Y. Kim
With fewer restraints after Octane, district courts now have broader discretion to grant motions for attorney’s fees. But understanding the circumstances under which exceptionality has been found is critical. Recent decisions by the Federal Circuit post-Octane provide some important guidance on when attorney’s fees may be available under Section 285.
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Commercial Leasing Law & Strategy
Joseph I. Farca
Collecting the Legal Fees It Cost You to Collect Legal Fees
Does your New York commercial lease form expressly provide that the landlord may recover the legal fees it incurs to recover legal fees from its tenant? If not, then the landlord may be out of luck trying to recover such “fees on fees,” as they are known. But it wasn’t always this way.
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