Formal Opinion 468 Is The Opinion In This Area. On October 8, 2014, the American Bar Association issued Formal Opinion 468, entitled “Facilitating the Sale of a Law Practice.” Among other things, it states that firms cannot bill for transitioning work in a sale of the law practice. Although this cannot be done […]
$503,450.02 Fee Award and $31,679.08 Costs Award Went Away For Now, Even Though Reversal As To Only One Defendant. Plaintiff won a FEHA-based lawsuit against both a school district and an individual in Norton v. San Bernardino City Unified School District, Case No. G049496 (4th Dist., Div. 3 Oct. 9, 2014) (unpublished). After
$102,900 CCP § 1021.5 Award Affirmed in Favor of Police Union Association. On September 17, 2014, we posted on Indio Police Command Unit Assn. v. City of Indio, Case No. G050051, a Fourth District, Division 3 decision affirming a $102,900 CCP § 1021.5 award in favor of a police union association. This opinion
1.25 Multiplier Allowed, Lack of Specific Challenges Did Not Lead to Major Reductions, and Prior SLAPP Awards Were Not Dispositive. If you have followed our blog, you known there is a mandatory fee-shifting statute in favor of SLAPP defendant winners. In Lunada Biomedical v. Nunez, Case Nos. B243205/B246602 (2d Dist., Div. 5 Oct.
Former Corporations Code Section 17355(a)(1)(B) Allows For Fee Entitlement In Litigation, But Not Fees Incurred In Arbitration. In CB Richard Ellis, Inc. v. Terra Nostra Consultants, Case No. G049803 (4th Dist., Div. 3 Oct. 7, 2014) (partially published; fee discussion published), plaintiff listing broker sued to recover a commission in an arbitration between
City Obtained Permanent Injunction Against U-Haul Rental Operations at Particular Site, So It Won! U-Haul Co. of California v. City of Berkeley, Case No. A136973 et al. (1st Dist., Div. 3 Oct. 7, 2014) (unpublished) is a case where the City of Berkeley decided to revoke U-Haul’s permit to operate a rental facility,
However, Spending On Outside Counsel Went Down 2% Worldwide. HBR Consulting, a legal business operations and technology consultancy, recently has issued its 2014 Corporate Law Department survey of 292 in-house legal departments (many of which are Fortune 500 companies). The results show that, for 2012-2013 on a worldwide basis, legal spending was
Videotape Deposition Copies, E-Discovery Expenses, and Interpreter Expenses Discussed. U.S. District Judge Lucy Koh, in Apple Inc. v. Samsung Electronics Co., Ltd., Case No. 11-CV-01846-LHK (N.D. Cal. Sept. 19, 2014, Doc. 3193), ruled on Apple’s request for an award of “routine” costs—although the request was substantial—in the patent infringement litigation against Samsung involving smartphones
First One Deals With “Patent Trolls” Hit With Patent Fee-Shifting Exposure. John O’Rourke, Patrick Soon, and Rebecca Bellow have written a colorfully titled article “Silver, Garlic, and Attorney’s Fees.” It focuses upon one of the initial post-Octane Fitness decisions where a plaintiff “patent troll” was ordered to pay attorney’s fees to a defendant
Plaintiff Requested Close to $1 Million in Fees (Inclusive of 3.5 Multiplier). Plaintiff sued a school district and two supervisors for FEHA and a host of ancillary discrimination claims. Along the way, even though an appellate court revived some claims, plaintiff had claims pared down or only partially prevailed—3 out of 11, for
