The inherent conflict of interest in “Prevailing Party Attorney’s Fees” provisions

While a PPAFP does not strictly amount to a de jure “proprietary interest” in the litigation, it certainly has the characteristics of a de facto interest

Fred Carr

From Issue: 2015 September

Delaware court upholds draconian loser-pays provision

Unilateral changes to corporate by-laws that undermine shareholder rights can’t be justified by contract law

F. Paul Bland, Jr.

From Issue: 2015 January

In Delaware, “loser-pays” decision could have far-ranging consequences

Contract law of many states may be affected, including arbitration provisions

F. Paul Bland, Jr.

From Issue: 2015 February