Partners Michael C. Rakower and Melissa Yang Publish “Attorney’s Fees Under ERISA 502(g)(1): An Exception to the American Rule” in the Summer Edition of the NY Litigator.
In contrast to countries that require a losing party to pay the winning party’s legal fees, the United States abides by the “American Rule,” which requires each party to pay its own legal fees irrespective of who wins. The American Rule, however, has exceptions. One of them concerns the fee-shifting provision in the Employee Retirement Income Security Act (ERISA). This article explores the considerations courts apply to a party’s request for legal fees after success in an ERISA case.
Melissa Yang Featured as a Panelist in “Tactical Decisions that Counsel & the Client Must Often Make: Part 2,” a Webinar Sponsored by the New York State Bar Association
On June 29, 2020, Melissa Yang served as a panelist in “Tactical Decisions that Counsel & the Client Must Often Make: Part 2,” a webinar sponsored by the New York State Bar Association (NYSBA). The webinar offered practical advice to lawyers in mediation, and may be accessed on NYSBA’s website using the following link: https://nysba.org/products/tactical-decisions-that-counsel-the-client-must-often-make-part-2/.
Rakower Law continues to forge into uncharted territories, this time by establishing a leadership position in remote proceedings during the COVID-19 pandemic. Undaunted by the challenges presented during this pandemic in a case where parties and witnesses span the country, Rakower Law has made use of state-of-the-art technology to participate in 7 depositions over the last several weeks, all taken virtually, and is preparing for a week-long remote arbitration set to commence in mid-August.