Law Commons^™

When Can Attorneys' Fees Be Recovered In An Award Enforcement Action, M. Anderson Berry, Katherine S. Ritchey, Nandini Iyer

M. Anderson Berry

Because parties do not always comply with arbitration awards, it may be necessary for the prevailing party to seek enforcement of the award in a court of law—typically in a jurisdiction where the losing party has sufficient assets. This article focuses on whether the prevailing party can recover attorneys’ fees accrued during the enforcement procedure in U.S. district court under the Federal Arbitration Act (FAA).

New Federal Rules For Pending Cases, M. Anderson Berry, Caroline N. Mitchell

M. Anderson Berry

On Dec. 1, 2010, changes to Rule 26 of the Federal Rules of Civil Procedure (FRCP) extended work-product protection to discovery of draft reports by testifying experts and, with three exceptions, to communications between those experts and retaining attorneys. The amendments also require attorneys relying on experts who will provide testimony - but who are not required to provide a full expert report - to disclose the subject matter of the planned testimony and summarize the facts and opinions that the expert expects to offer.

What is not clear is whether this "attorney-expert work-product doctrine" applies to draft reports and …