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Contracts often include a fee-shifting provision based on who ultimately prevails in a lawsuit. The idea, of course, is both to deter marginal litigation and, in all circumstances, to provide the prevailing party with compensation for the substantial fees and expenses that often attend litigation.
While sensible in the abstract, these clauses often do not work as advertised, neither deterring litigation nor providing sufficient compensation. This article accordingly proposes a different kind of fee-shifting clause, one triggered not by who ultimately prevails in a lawsuit, but by who prevails on certain specified motions that commonly add unnecessary expense and delay to dispute resolution proceedings.
The Shortcomings of Standard Clauses
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This article highlights how copyright law in the United Kingdom differs from U.S. copyright law, and points out differences that may be crucial to entertainment and media businesses familiar with U.S law that are interested in operating in the United Kingdom or under UK law. The article also briefly addresses contrasts in UK and U.S. trademark law.
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UCC Sections 9406(d) and 9408(a) are one of the most powerful, yet least understood, sections of the Uniform Commercial Code. On their face, they appear to override anti-assignment provisions in agreements that would limit the grant of a security interest. But do these sections really work?