September 23, 2016

Am I Better Off Arbitrating?

Much has been written about the advantages and disadvantages of arbitration when compared to litigation.  A more nuanced question is when will a party enhance its […]
June 23, 2016

Second Opinions, Done Right, Pay For Themselves

Second Opinions, Done Right, Pay For Themselves   Tell a friend that you are contemplating surgery, and the immediate inquiry would be whether  you had obtained […]
June 7, 2016

Recovery of Legal Fees – Exceptions to the Rule: Part II

Recovery of Legal Fees – Exceptions to the Rule: Part II Under the American Rule, each party bears its own legal fees in a commercial litigation […]
April 21, 2016

Recovery of Legal Fees – Exceptions to the Rule: Part I

Under the American Rule, each party bears its own legal fees in a commercial litigation absent some contractual or statutory provision to the contrary. In short, […]
April 8, 2016

The Impact of fee shifting provisions upon the mediation and settlement of commercial ligation and contract disputes.

Under the English Rule, the prevailing party is entitled to recover its legal fees from its adversary. In contrast, under the American Rule, each party generally […]