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Expert Analysis

When Is A Win A Win With Attorneys' Fees?

Law360 (May 17, 2010, 11:09 AM EDT) -- It is well known that under the American Rule concerning attorneys' fees, as opposed to the English Rule, each party in litigation is responsible for its own attorneys' fees. Nevertheless, contracting parties may — and often do — agree that if the contract leads to litigation, the losing party will pay the prevailing party's fees. These so-called fee-shifting agreements are designed, in part, to make the prevailing party whole and to discourage frivolous litigation....

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