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Reducing Exposure to Attorneys' Fees Image

Reducing Exposure to Attorneys' Fees

William (Bill) Wortel & Matt Baisley

Although a prevailing plaintiff is entitled to his/her costs and attorneys' fees, a successful defendant is entitled only to its costs (<i>e.g.</i>, filing fees, court reporter fees, etc.) and not an award of attorneys' fees.

Changing the Rules for Testifying Experts Image

Changing the Rules for Testifying Experts

Roger Siefert & Benito Romano

A discussion of upcoming changes to Rule 26, which not only simplify the expert's role, but potentially benefit the litigants as well.

SLAPPED for Speaking Out? Image

SLAPPED for Speaking Out?

Julie Bauer

Anti-SLAPP statutes are designed to level the playing field ' to discourage the plaintiff from filing suit by adding to the arsenal of tools available to the defendants in a civil lawsuit. Here's a look at recent litigation.

Features

Federal Court Authorizes Clawback of Bonuses from CEO Under SOX Image

Federal Court Authorizes Clawback of Bonuses from CEO Under SOX

Robert S. Reder

In a case of first impression, <i>SEC v. Jenkins</i>, the United States District Court for the District of Arizona refused to dismiss an action brought by the SEC seeking reimbursement of bonuses and securities trading profits from a corporate CEO under Section 304 of SOX.

Features

Is What's Past Prologue? Image

Is What's Past Prologue?

Robert B. Lamm

This article considers changes in the regulatory climate prior to the 2010 proxy season and the actual voting results, and looks at some issues that will affect proxy seasons in 2011 and beyond.

Features

Dodd-Frank Ushers in New Requirements for Public Companies and Their Boards Image

Dodd-Frank Ushers in New Requirements for Public Companies and Their Boards

Michael R. Littenberg

On July 21, the Dodd-Frank Wall Street Reform and Consumer Protection Act was signed into law by President Obama. It contains several provisions that are specific to public companies, the more significant of which are discussed below.

When Tenants Do The Work, Protect Your Asset Image

When Tenants Do The Work, Protect Your Asset

Ira Fierstein

Tenants are demanding larger construction allowances, and added care must be taken when representing landlords in these situations, to ensure that tenants' work is completed lien-free and that construction reimbursements are not paid prematurely.

Cooperative Surety Can Help Salvage a Defaulted Project Image

Cooperative Surety Can Help Salvage a Defaulted Project

Kenneth M. Block & John-Patrick Curran

This article provides a helpful guide to the practical operation of payment and performance bonds in the context of an undisputed contractor default.

Features

In the Spotlight: Getting a Lease Signed in 20 Days Image

In the Spotlight: Getting a Lease Signed in 20 Days

Anthony Casareale

What can a landlord do to get that critical lease signed as soon as possible so that a competing landlord or global event does not cause this prospective tenant to reconsider?

Alternative Dispute Resolution As a Problem-Solving Device Image

Alternative Dispute Resolution As a Problem-Solving Device

Walter Goldsmith

Practitioners have observed escalating disillusion of clients with litigation as the primary vehicle for dispute resolution. Here are its advantages.

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