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Reducing Exposure to Attorneys' Fees
August 21, 2010
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
August 21, 2010
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?
August 21, 2010
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.
Federal Court Authorizes Clawback of Bonuses from CEO Under SOX
August 21, 2010
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.
Is What's Past Prologue?
August 21, 2010
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.
Dodd-Frank Ushers in New Requirements for Public Companies and Their Boards
August 21, 2010
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
August 21, 2010
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
August 21, 2010
This article provides a helpful guide to the practical operation of payment and performance bonds in the context of an undisputed contractor default.
In the Spotlight: Getting a Lease Signed in 20 Days
August 21, 2010
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
August 21, 2010
Practitioners have observed escalating disillusion of clients with litigation as the primary vehicle for dispute resolution. Here are its advantages.

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