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Tipping the Balance: Fee Shifting in Commercial Litigation

May 30, 2013 - Mt Holly, NJ

Daniella Gordon will be a panelist on the Burlington County Bar Association's Commercial Law Subcommittee of the Civil Practice Sections program.

Contrary to the general "American Rule" where all parties to civil litigation are expected to pay their own counsel fees, the legislature, court rules and case law have carved out significant exceptions where a party has an opportunity to seek counsel fees from the opposing party(ies). These opportunities allow financially disadvantaged parties to pursue their rights, evens playing fields and provides sanctions against parties for their actions before or during litigation. This program will explore the provisions within the Court Rules, various statutory provisions as well as case law that allow for "fee shifting". The panel will identify those opportunities, provide information and tips on taking advantage of the provisions, using them for negotiation assistance and address how to properly make a claim for fees. The judicial role in receiving fee requests and determining allowable fees will be addressed by Judge Harrington.

For more information, or to register, please visit the Burlington County Bar Assocation website.