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Perspective

May 16, 2015

Fee-shifting frenzy

The need for clarity in the law governing contractual fee shifting is paramount. In reality, however, the law is far from clear. By Robert Cooper


By Robert Cooper


Attorney fees disputes come up in virtually all types of contract disputes. Whether
the parties are litigating a case involving a real estate transaction, construction
or financing disputes, the availability of a contractual fee-shifting provision has
significant practical implications.


Depending on the parties' level of risk tolerance, the added risk of "los...

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