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Court Watch
Federal Court Issues Stern Warning to Counsel for 'Parasitic' ADA Lawsuit
In Costello v. Flatman, LLC, No. 11-CV-287, 2013 U.S. Dist. LEXIS 45860 (E.D.N.Y. Mar. 28, 2013), a federal judge denied a disabled plaintiff's application for attorneys' fees under the Americans with Disabilities Act (“ADA”) and, in doing so, reprimanded the plaintiff's attorneys for filing lawsuits against multiple small-business owners with the intent not to remedy the ADA violations and make businesses more accessible to disabled persons, but rather to collect attorneys' fees. The Hon. Sterling Johnson, Jr. of the Eastern District of New York informed counsel that their “parasitic” litigation strategies would no longer be tolerated.
In Costello, the plaintiff's application for attorneys' fees followed the court's entry of default judgment against a Subway franchisee in the amount of $14.31. The wheelchair-bound plaintiff filed his lawsuit against the franchisee and others, alleging violations of the ADA because the plaintiff could not access the franchisee's Subway restaurant. On the same day that the plaintiff commenced the lawsuit, he filed seven other lawsuits against nearby businesses with similar boilerplate allegations. Subsequent to the entry of default, the plaintiff's counsel brought a motion to recover more than $15,000 in attorneys' fees purportedly incurred in prosecuting the action. The plaintiff's two attorneys, located in Florida and New York, claimed to have spent more than 35 hours in obtaining the $14.31 award, each at an hourly rate of $425.
Yachts, Jets, Horses & Hooch: Specialized Commercial Leasing Models
Defining commercial real estate asset class is essentially a property explaining how it identifies — not necessarily what its original intention was or what others think it ought to be. This article discusses, from a general issue-spot and contextual analysis perspective, how lawyers ought to think about specialized leasing formats and the regulatory backdrops that may inform what the documentation needs to contain for compliance purposes.
Hyperlinked Documents: The Latest e-Discovery Challenge
As courts and discovery experts debate whether hyperlinked content should be treated the same as traditional attachments, legal practitioners are grappling with the technical and legal complexities of collecting, analyzing and reviewing these documents in real-world cases.
Identifying Your Practice's Differentiator
How to Convey Your Merits In a Way That Earns Trust, Clients and Distinctions Just as no two individuals have the exact same face, no two lawyers practice in their respective fields or serve clients in the exact same way. Think of this as a "Unique Value Proposition." Internal consideration about what you uniquely bring to your clients, colleagues, firm and industry can provide untold benefits for your law practice.
Risks and Ad Fraud Protection In Digital Advertising
The ever-evolving digital marketing landscape, coupled with the industry-wide adoption of programmatic advertising, poses a significant threat to the effectiveness and integrity of digital advertising campaigns. This article explores various risks to digital advertising from pixel stuffing and ad stacking to domain spoofing and bots. It will also explore what should be done to ensure ad fraud protection and improve effectiveness.
Turning Business Development Plans Into Reality
This article offers practical insights and best practices to navigate the path from roadmap to rainmaking, ensuring your business development efforts are not just sporadic bursts of activity, but an integrated part of your daily success.