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Welcome to the inaugural issue of Arnall Golden Gregory’s Litigation Insights—a guide to the art and science of effective litigation. In this issue, we explore strategies for securing or preventing an award of attorneys’ fees. We trust that you will find these insights helpful. If you have any suggestions for future newsletters, or if we can ever be of assistance, we’re just a phone call away. | |||||
LITIGATION NEWS YOU CAN USE U.S. Supreme Court: Attorneys’ Fees Provisions Must be Strictly Construed You can recover your attorneys’ fees, but your can’t recover the fees incurred in recovering your fees. So says the U.S. Supreme Court in a recent decision, making clear in most cases, the American Rule still rules. More > | |||||
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THE ART AND SCIENCE OF WINNING YOUR CASE Offers of Judgment: Settlement Leverage and Foundation for Recovering Attorneys’ Fees Contractual Attorneys’ Fees Provisions: Consider the Unintended Consequences In an effort to provide certainty in the event of litigation, you’ve drafted your contracts to contain attorneys’ fees and indemnification provisions. Yes, such clauses can help allocate risk, but beware the law of unintended consequences: there are often compelling reasons not to include these provisions in your agreements. More > When All Else Fails, Look to Fee-Shifting Statutes to Recover Attorneys’ Fees Even if a contractual attorneys’ fees provision does not apply in your case, statutory schemes may provide you with an avenue for recovery of, or expose you to liability for, attorneys’ fees. More > | |||||
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AGG LITIGATORS IN THE TRENCHES Beauford Properties, LLC – Jury Trial Results in Defense Verdict, Recovery of Attorneys' Fees for AGG Client Gipson Family, LLLP – AGG Scores Defense Win, Favorable Settlement on Counterclaim, and Recovery of Attorneys’ Fees | |||||
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eDiscovery Advantage: The Trinity of Reasonable Anticipation The obligation to issue a legal hold is triggered once the client reasonably anticipates litigation or a governmental proceeding or investigation. If that sounds familiar, that’s because it is. It’s the point in time when a party can begin claiming the work product doctrine. And it’s the trigger for notice under many kinds of liability insurance policies. It’s what I call the Trinity of Reasonable Anticipation. More > Featured Publication: Delaware Rapid Arbitration Act Promises Speedy Arbitrations A powerful new tool now exists for companies seeking quick, efficient, and private resolution of business disputes. The Delaware Rapid Arbitration Act (DRAA), enacted in April 2015, streamlines the process for initiating arbitrations, sets tight deadlines for completion, automatically confirms awards without court intervention, and provides speedy and final resolution of challenges directly to the Delaware Supreme Court. And the DRAA cleverly ensures quick completion of the process by imposing financial penalties on the arbitrator if an award is not issued within 120 days of commencement. More > | |||||
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