Archive for the Newsletters Category

High Revenue Companies Forecasting Reduction in 2015 Legal Fees

Posted On January 28th, 2015 by Legal Fee Advisors

A Law 360 article dated December 3, 2014 by Aebra Coe entitled Biggest Cos. Foresee Legal Cuts in 2015, reports that a significant number of legal in-house departments of companies with revenue in excess of $10 billion will be focused on reducing outside legal fees in 2015 as they begin to institute cost containment programs […] Read More...

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New York Court of Appeals Upholds Large Contingency Fee in Estate Dispute Representation

Posted On January 21st, 2015 by Legal Fee Advisors

On October 28, 2014, The New York Court of Appeals reversed an appellate court’s ruling that a contingent fee agreement was “unconscionable when made” thereby ordering the firm’s payout be paid in an hourly rate thereby significantly reducing their reward.[1] Since 1983, Alice Lawrence, the widow of commercial real estate tycoon, Sylvan Lawrence, had been […] Read More...

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California Judge Cuts Attorney’s Fee Request by Half for Quarter-Hour Billing and Duplicative Attorney Time

Posted On January 14th, 2015 by Legal Fee Advisors

In a recent California decision, a district court judge slashed requested attorney’s fees of $244,711.68 by roughly half for billing in quarter hour increments, duplicative attorney’s fees, and unnecessary travel expenses, among other reasons. The case, Zest IP Holdings, LLC v. Implant Direct Mfg., LLC.[1] was originally brought by Plaintiffs alleging patent and trademark infringement. […] Read More...

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California Appellate Court Denies Lodestar Multiplier to Attorney in Divorce Case

Posted On December 17th, 2014 by Legal Fee Advisors

In a June 2014 decision, an attorney in a divorce action who did not have a fee agreement in writing with his client was not allowed to use a lodestar multiplier for his fee award. This case involved an attorney who represented his client in two divorce cases.  The attorney claims that he initially told […] Read More...

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Alternative Fee Arrangements – The Search for Reliable Methods of Controlling Legal Cost

Posted On December 10th, 2014 by Legal Fee Advisors

A recent survey by HBR Consulting LLC showed corporate legal spending growth slowing and more legal work being moved in-house over the past year[1]. Lauren Chung, senior director of HBR’s law consulting practice suggested that in an effort to control costs corporate consumers continue to pressure their law firms for alternative fee arrangements, including outcome-dependent […] Read More...

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Second Circuit Reverses Order Rejecting Entire Fee Application Due to Inefficient Timekeeping

Posted On December 3rd, 2014 by Legal Fee Advisors

On August 26th the Second Circuit, in the case Mishkin v. Lopalo, vacated a June 2013 federal court order which had denied former special liaison Marion S. Mishkin’s fee application which had initially been deemed “grossly excessive by the court.  In doing so, the Court stated “[i]t was clear error to deny Mishkin any fee […] Read More...

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Fourth District Court Rules that Attorney Time Spent in Preparing an Administrative Record is Recoverable

Posted On November 19th, 2014 by Legal Fee Advisors

In a September 2014 case, Division 1 of the Fourth District held that the County of San Diego could recover labor costs expended for an attorney and paralegals to prepare an administrative record. This case involved a plan for a remediation project at a shooting range, which was approved by the County.  The former owners […] Read More...

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A Taste of their Own Medicine – Federal Courts May Be Able to Use Newly-Issued Supreme Court Standards to Deter Non-Practicing Entities from Bringing Patent Claims

Posted On November 12th, 2014 by Legal Fee Advisors

In Lumen View Tech. LLC v. Findthebest.com, Inc.[1], Judge Denise Cote Court ordered, Lumen, a Non-Practicing Entity, to pay attorney fees after finding this qualified as an “exceptional case” under an attorney fee-shifting statute[2]. The criteria for an “exceptional case” was recently liberalized[3] in the Supreme Court’s decision Octane Fitness[4]. The Court instructed that an […] Read More...

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California Appellate Court Finds That State Trial Courts Do Not Need to Specify How They Calculate Awards of Attorneys’ Fees

Posted On November 5th, 2014 by Legal Fee Advisors

In a September 2014 decision, a Second District Court of Appeals in California found that, in contrast to federal law, California state law does not mandate that trial courts demonstrate exactly how attorneys’ fees are calculated.[1] This case involved a lawsuit brought by an employee of the California Department of Corrections And Rehabilitation (CDCR).  The […] Read More...

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Insurance for Legal Fees? Ask the Federal Government

Posted On October 22nd, 2014 by Legal Fee Advisors

An Above the Law blog dated September 11, 2014, written by Matt Kaiser, talks about the substantial amount of legal fees incurred by federal employees who may have not done anything wrong, but inevitably must defend themselves in litigation arising out of government investigations.  He maintains that due to the sensitive and serious nature of […] Read More...

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