Fee Shifting in Civil Litigation: Leveraging New Court Rulings and Rule 68 Offers of Settlement
Obtaining and Contesting Attorney Fees and Cost Awards
Recording of a 90-minute CLE webinar with Q&A
This CLE course will provide litigators with techniques for fee shifting. Our panel will discuss and offer insights into new court rulings and the interaction between FRCP 68 offers of settlement and statutory exceptions to the American rule governing the circumstances under which fees may be shifted.
Outline
- Statutory exceptions to the American rule
- FRCP 68 and settlement offers
- Fee-shifting clauses in contracts
- ATP decision
Benefits
The panel will review these and other key issues:
- What are the exceptions to the American rule as it relates to fee shifting in civil litigation?
- How can counsel effectively leverage fee-shifting statutes to encourage settlement? How does FRCP 68 impact the analysis?
- Under what circumstances should counsel recommend that fee-shifting language be included in contracts—and in company bylaws, in light of the ATP decision?
- What are best practices for reconciling the varying fee-shifting statutes and rules?
Faculty
Evan Mandel
Partner
Mandel Bhandari
Mr. Mandel's clients include both plaintiffs and defendants in a wide variety of civil suits, including... | Read More
Mr. Mandel's clients include both plaintiffs and defendants in a wide variety of civil suits, including antitrust, civil rights, contract, employment, false advertising, deceptive trade practices, fraud, intellectual property, real estate, and legal malpractice cases. He has conducted numerous jury and bench trials in federal and state courts, as well as trials before administrative agencies.
CloseAndrew J. Marnach
Atty
McCollum Crowley Moschet Miller & Laak
Mr. Marnach focuses his practice on complex tort litigation and construction law. He represents business owners,... | Read More
Mr. Marnach focuses his practice on complex tort litigation and construction law. He represents business owners, insurance providers, and general contractors on issues ranging from business formation to complicated legal disputes. He is also a published author on the topic of valuating intellectual property portfolios.
CloseDaniel J. Singel
Shareholder
McCollum Crowley
Mr. Singel's practice is devoted to civil defense litigation. He also advises clients on questions of... | Read More
Mr. Singel's practice is devoted to civil defense litigation. He also advises clients on questions of insurance coverage, contracts, and corporate issues. Much of his work has been in the construction litigation field, where he has represented general contractors, developers, and subcontractors on cases involving everything from single-family homes to multimillion dollar commercial projects.
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