Prevailing defendants have a better shot at fees; 'Fogerty' rulings hold winning plaintiffs, defendants must be treated equally for fee awards
Article Abstract:
Being able to recover attorney fees is particularly important in copyright suits, and the process should be easier after the US Court of Appeals for the 9th Circuit ruling in Fantasy, Inc. v. Fogerty. Before Fogerty there was a dual standard with regard to attorneys fees, but here the court ruled that both prevailing plaintiffs and defendants should receive the same treatment and that the courts should have discretion to award attorney fees to the prevailing parties. What has happened since Fogerty suggests that plaintiffs might think twice before bringing marginal cases and that there might be less of a financial impact on successful defendants.
Publication Name: The National Law Journal
Subject: Law
ISSN: 0162-7325
Year: 1997
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Courts split over encryption as protected speech; 9th Circuit's ruling that First Amendment protects source code clashes with other courts
Article Abstract:
The US Court of Appeals for the 9th Circuit struck down export controls on encryption source code as an impermissible "prior restraint" on speech. The encryption export controls considered in the case were established and implemented pursuant to the federal government's national security/foreign policy rulemaking power The circuits diagree on the permissibility of export controls over encryption source code.
Publication Name: The National Law Journal
Subject: Law
ISSN: 0162-7325
Year: 1999
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The Hyde Amendment
Article Abstract:
The Hyde Amendment on attorneys' fees is discussed, which in criminal cases authorizes the award of such fees to a prevailing party other than the government where the court finds the government's position to have been frivolous or in bad faith.
Publication Name: The National Law Journal
Subject: Law
ISSN: 0162-7325
Year: 2001
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