A Different Kind of Fee-Shifting Contract Clause

Contracts often include a fee-shifting provision based on who ultimately prevails in a lawsuit. The idea, of course, is both to deter marginal litigation and, in all circumstances, to provide the prevailing party with compensation for the substantial fees and expenses that often attend litigation.

13 minute readJanuary 31, 2015 at 11:00 PM
By
Eric Fishman
A Different Kind of Fee-Shifting Contract Clause

Contracts often include a fee-shifting provision based on who ultimately prevails in a lawsuit. The idea, of course, is both to deter marginal litigation and, in all circumstances, to provide

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