Attorney Fee-Shifting Litigation
Obtaining and Contesting Attorney Fees and Cost Awards
Recording of a 90-minute CLE webinar/teleconference with Q&A
Conducted on Wednesday, December 16, 2009
Recorded event now available
This CLE seminar will review the legal standards for attorney fee shifting, including key case law developments and how to determine reasonable attorneys fees and costs. The panel will outline best practices for obtaining and contesting fee and cost awards.
Description
The cost of litigation is a critical issue for clients. There are scores of statutes governing attorney fee awards, and myriad court decisions addressing attorney fee-shifting. Determining a client’s ability to obtain fees and costs or its liability for an adversary’s fees is no easy feat.
Counsel must consider nuanced issues such as multipliers for complexity of case, forum rates, effect of prior settlement negotiations, and catalyst fees. The Supreme Court recently heard oral argument in a case to determine whether quality of work and results obtained can increase lodestar awards.
Applying the legal standards is just the start. You also must skillfully present, argue and prove work performed. Proof issues require carefully reviewing timesheets for duplication, knowing when to use experts, and determining whether affidavit testimony will suffice and is admissible.
Listen as our authoritative panel of litigators discusses the evolving standards for attorney fees awards and best practices for obtaining and opposing attorney fees awards.
Outline
- Standards for attorney fee awards
- Prevailing party
- Lodestar approach
- Factors increasing or decreasing awards
- Forum rates
- Effect of prior settlement negotiations
- Maximizing and opposing fees awards
- Reasonable fees and forum rates
- Apportionment of claims
- Inextricably linked claims
- Reasonable costs
- Proving fees and costs
- Procedural standards
- Use of expert witnesses
- Affidavit testimony
- Auditing of timesheet entries
- Preserving fee awards on appeal
Benefits
The panel will review these and other key questions:
- How have courts applied the lodestar approach to awarding attorney fees?
- How do you apportion fees between claims entitled to fees and those not—and how inextricably intertwined claims can maximize an attorney fees award?
- What effect does prior rejection of a settlement offer have on the prevailing party's attorney fee award?
- Under what circumstances is it appropriate to increase a lodestar award based on quality of performance and results obtained?
Faculty
Gregory M. Bergman,
Shareholder
Bergman & Dacey, Los Angeles
He engages in complex trials and appeals in the areas of business, construction, labor and employment, environmental, real property, attorney fee disputes, commercial, professional liability, securities, and insurance litigation. He has tried numerous cases to the court and jury in all levels of the State and the Federal Court systems in California.
John P. Dacey,
Shareholder
Bergman & Dacey, Los Angeles
He represents numerous general contractors and owners, such as school districts, sanitary districts, non-profit and private corporations. He has been litigating complex jury and bench trials, as well as appeals in state and federal court, for over 19 years. He successfully litigated over 500 private and public construction related disputes.
Ordering
Online CLE - Audio Recording
Includes audio streaming of full program plus handouts (available 24 hours after live seminar).
CLE:
Pre-approved for participatory or non-traditional/alternate format credit in: CA, HI*, NY*, WV*.
Pre-approved for self-study credit in: AK, AZ, MO, MT, TX, VT, WA.
Upon request, also available in: CO, CT*, FL, GA, ID, KY, LA*, ME, NC, ND, NE, NH, NM, NV, OR*, SC, TN, UT, WI, WY. If you are applying for credit in one of these states, make sure to select those states when placing your order.
(*Indicates that Strafford must report attendance.)
Online CLE Audio $149.00
Available 24 hours after the live event
Recorded Event
Includes full event recording plus handouts (available after live seminar).
CLE: Pre-approved for self-study credit in: AK, AZ, CA, CT, HI, MO, MT, NY, TX, VT, WA, WV. Upon request, self-study credit is also available in: CO, FL, GA, ID, KY, ME, ND, NE, NH, NM, NV, OR, UT, WI, WY. If you are applying for self-study credit in one of these states, contact Strafford CLE at 1-800-926-7926 ext. 35 or CLE@straffordpub.com.
Webinar Download (Slide Presentation with Audio) $49.00
Available three business days after the live event
DVD (Slide Presentation with Audio) $49.00
plus $9.45 S&H
Available ten business days after the live event
MP3 Download (Audio Only) $49.00
Available 24 hours after the live event
CD (Audio Only) $49.00
plus $9.45 S&H
Available ten business days after the live event
Webinar/Teleconference
Strafford webinars/teleconferences offer several options for participation: online viewing of speaker-controlled PowerPoint presentations with audio via computer speakers or via phone; or audio only via telephone (download speaker handouts prior to the program). Please note that our webinars do not feature videos of the presenters.
CLE Credit
Strafford's live seminars qualify for CLE in every state that accredits webinars. They offer you a high quality, cost effective, and convenient CLE option, with no lost travel time or expenses.
Customer Reviews
I liked the application of recent case law.
Jeff Vagle
Pepper Hamilton LLP
The seminar featured very knowledgeable presenters on an extremely important topic.
Kenneth Mathieu
FTI Consulting
The back-and-forth between the panelists made the program easy to listen to. The slides were very well done.
Chris Kelly
Mayer Brown
The speaker's command of the subject matter and his ability to explain difficult concepts in a way that could be understood by everyone was great.
Craig Cockrell
Mitchell Williams Law Firm
The program was very well organized and the speakers were prepared.
Marti Sharp
Kell Alterman & Runstein
Litigation Advisory Board
Partner
K&L Gates
Counsel
O’Melveny & Myers
Partner
SNR Denton
Shareholder
Capes Sokol Goodman & Sarachan
Partner
Baker & Hostetler
Partner
Mayer Brown
Partner
Winston & Strawn
Partner
Akin Gump Strauss Hauer & Feld
Robert B. (Barry) Wiggins
Director
Deloitte Financial Advisory Services
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