On May 7, 2021, the Tenth Circuit issued an important decision affirming the Western District of Oklahoma’s approval of a class action settlement that contained both a “kicker” and “clear-sailing” provision relative to the award of attorneys’ fees and costs. In...
Managing Litigation Risk While Contemplating M&A Activity
When acquiring an entity, it is critical to understand and address the litigation risk that may come with it. On this front, it is difficult to overstate the importance of due diligence. Before you can analyze, evaluate or treat a risk, it has to be first...
When is it Time to Hold and Time to Fold?
The settle-or-litigate conundrum A victory, in complex litigation, is sometimes difficult to distinguish from a Pyrrhic victory. King Pyrrhus won the battle, but his army suffered such heavy and irreplaceable losses that he was forced to abandon his campaign...
Identifying Litigation Trends to Protect Your Brand
Corporate legal departments were once viewed as little more than an internal law firm. They handled legal problems in relative isolation, largely cut-off from the company’s commercial activities. Today, in-house legal teams are increasingly seen as an important and...
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