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2025-02-28 14:00:00

2 Credits

Examines the American Rule, statutory and contractual fee-shifting exceptions, offers of judgment strategy, and effective fee recovery documentation practices.

2025-02-28 14:00:00

Examines the American Rule, statutory and contractual fee-shifting exceptions, offers of judgment strategy, and effective fee recovery documentation practices.

2025-02-28 14:00:00

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Key topics that will be covered

What will you learn

Attorneys will learn about the American Rule's historical origins, its numerous statutory and contractual exceptions, and strategic use of offers of judgment for fee recovery.

What will you gain

Attorneys will gain practical strategies for documenting fees, navigating choice of law issues, and leveraging state offer of judgment provisions for favorable settlements.

American Rule
The foundational 1796 principle requiring each party to pay its own attorneys’ fees.
Statutory Exceptions
Federal statutes like the ADA, Civil Rights Act, and FLSA that shift fees.
Contractual Provisions
Courts routinely enforce fee-shifting provisions as written in contracts.
Offers of Judgment
Strategic settlement tools with unique consequences for rejection under Rule 68.
Choice of Law
Erie analysis determines whether state or federal offer of judgment rules apply.
Fee Documentation
The lodestar method multiplies reasonable hours by reasonable hourly rates.

What will you learn

Attorneys will learn about the American Rule's historical origins, its numerous statutory and contractual exceptions, and strategic use of offers of judgment for fee recovery.

What will you gain

Attorneys will gain practical strategies for documenting fees, navigating choice of law issues, and leveraging state offer of judgment provisions for favorable settlements.

Agenda

Session 1

The American Rule on Payment of Attorneys' Fees

Session 2

Understanding Contractual Fee-Shifting Provisions in Practice

Session 3

Statutory Fee-Shifting Mechanisms in Civil Litigation

Session 4

Sanctions and Bad Faith Attorneys' Fees Awards

Break

Break

Session 5

Offers of Judgment as Strategic Defense Tools

Session 6

State Variations in Offer of Judgment Recovery

Session 7

Best Practices for Documenting Attorneys' Fees Claims

Session 8

Moving for Fees in Offer of Judgment Context

Session 9

Legal and Ethical Pitfalls in Fee Recovery

clock 2:00 pm - 2:15 pm EST

The American Rule on Payment of Attorneys' Fees

M. Elizabeth Roper

Butler Snow LLP

Katelyn R. Ashton

Butler Snow LLP

Denise S. Lee

Butler Snow LLP

Emilee S. Crocker

Butler Snow LLP

This session explores the historical origins of the American Rule from its 1796 foundational case, distinguishing it from the English Rule where the loser pays. Participants will examine policy considerations both supporting and criticizing the rule, along with an overview of its numerous exceptions.

M. Elizabeth Roper

Butler Snow LLP

Katelyn R. Ashton

Butler Snow LLP

Denise S. Lee

Butler Snow LLP

Emilee S. Crocker

Butler Snow LLP

clock 2:15 pm - 2:30 pm EST

Understanding Contractual Fee-Shifting Provisions in Practice

M. Elizabeth Roper

Butler Snow LLP

Katelyn R. Ashton

Butler Snow LLP

Denise S. Lee

Butler Snow LLP

Emilee S. Crocker

Butler Snow LLP

This session examines how courts enforce contractual attorneys’ fee provisions and the discretion involved in determining reasonableness. Practical examples from recent case law illustrate key considerations when drafting and litigating fee-shifting clauses in contracts.

M. Elizabeth Roper

Butler Snow LLP

Katelyn R. Ashton

Butler Snow LLP

Denise S. Lee

Butler Snow LLP

Emilee S. Crocker

Butler Snow LLP

clock 2:30 pm - 2:45 pm EST

Statutory Fee-Shifting Mechanisms in Civil Litigation

M. Elizabeth Roper

Butler Snow LLP

Katelyn R. Ashton

Butler Snow LLP

Denise S. Lee

Butler Snow LLP

Emilee S. Crocker

Butler Snow LLP

Participants will explore the extensive landscape of federal statutes providing fee-shifting exceptions, including the ADA, Civil Rights Act, FLSA, FDCPA, and Clean Air Act. The session addresses how these provisions encourage enforcement while examining concerns about potential abuse.

M. Elizabeth Roper

Butler Snow LLP

Katelyn R. Ashton

Butler Snow LLP

Denise S. Lee

Butler Snow LLP

Emilee S. Crocker

Butler Snow LLP

clock 2:45 pm - 3:00 pm EST

Sanctions and Bad Faith Attorneys' Fees Awards

M. Elizabeth Roper

Butler Snow LLP

Katelyn R. Ashton

Butler Snow LLP

Denise S. Lee

Butler Snow LLP

Emilee S. Crocker

Butler Snow LLP

This session covers discovery sanctions under Rule 37, certification requirements under Rule 11, and courts’ inherent authority to sanction bad faith conduct. Key Supreme Court guidance on ensuring sanctions remain compensatory rather than punitive will be discussed.

M. Elizabeth Roper

Butler Snow LLP

Katelyn R. Ashton

Butler Snow LLP

Denise S. Lee

Butler Snow LLP

Emilee S. Crocker

Butler Snow LLP

clock 3:00 pm - 3:10 pm EST

Break

M. Elizabeth Roper

Butler Snow LLP

Katelyn R. Ashton

Butler Snow LLP

Denise S. Lee

Butler Snow LLP

Emilee S. Crocker

Butler Snow LLP

A short intermission allowing participants to refresh before continuing with the remaining program sessions on offers of judgment and fee recovery strategies.

M. Elizabeth Roper

Butler Snow LLP

Katelyn R. Ashton

Butler Snow LLP

Denise S. Lee

Butler Snow LLP

Emilee S. Crocker

Butler Snow LLP

clock 3:10 pm - 3:20 pm EST

Offers of Judgment as Strategic Defense Tools

M. Elizabeth Roper

Butler Snow LLP

Katelyn R. Ashton

Butler Snow LLP

Denise S. Lee

Butler Snow LLP

Emilee S. Crocker

Butler Snow LLP

This session defines offers of judgment and their unique features under Federal Rule 68, including timing requirements, irrevocability principles, and acceptance procedures. Participants will learn how rejected offers trigger cost-shifting consequences and explore the circuit split on summary judgment interactions.

M. Elizabeth Roper

Butler Snow LLP

Katelyn R. Ashton

Butler Snow LLP

Denise S. Lee

Butler Snow LLP

Emilee S. Crocker

Butler Snow LLP

clock 3:20 pm - 3:30 pm EST

State Variations in Offer of Judgment Recovery

M. Elizabeth Roper

Butler Snow LLP

Katelyn R. Ashton

Butler Snow LLP

Denise S. Lee

Butler Snow LLP

Emilee S. Crocker

Butler Snow LLP

Participants will compare state offer of judgment provisions with the federal rule, focusing on states allowing any party to initiate offers and those providing independent bases for attorneys’ fees. Choice of law considerations under Erie analysis and key state examples from Florida, Georgia, and Alaska are examined.

M. Elizabeth Roper

Butler Snow LLP

Katelyn R. Ashton

Butler Snow LLP

Denise S. Lee

Butler Snow LLP

Emilee S. Crocker

Butler Snow LLP

clock 3:30 pm - 3:45 pm EST

Best Practices for Documenting Attorneys' Fees Claims

M. Elizabeth Roper

Butler Snow LLP

Katelyn R. Ashton

Butler Snow LLP

Denise S. Lee

Butler Snow LLP

Emilee S. Crocker

Butler Snow LLP

This session covers Federal Rule 54 requirements, the lodestar method for calculating reasonable fees, and the Johnson factors. Participants will learn strategies for supporting fee requests with expert testimony, handling privileged billing information, and documenting flat fee arrangements.

M. Elizabeth Roper

Butler Snow LLP

Katelyn R. Ashton

Butler Snow LLP

Denise S. Lee

Butler Snow LLP

Emilee S. Crocker

Butler Snow LLP

clock 3:45 pm - 3:55 pm EST

Moving for Fees in Offer of Judgment Context

M. Elizabeth Roper

Butler Snow LLP

Katelyn R. Ashton

Butler Snow LLP

Denise S. Lee

Butler Snow LLP

Emilee S. Crocker

Butler Snow LLP

This session provides practical guidance on timing offers, understanding state rule variations, and choice of law considerations in federal court. Client counseling points regarding judgment appearance, public perception, and disclosure requirements are also addressed.

M. Elizabeth Roper

Butler Snow LLP

Katelyn R. Ashton

Butler Snow LLP

Denise S. Lee

Butler Snow LLP

Emilee S. Crocker

Butler Snow LLP

clock 3:55 pm - 4:10 pm EST

Legal and Ethical Pitfalls in Fee Recovery

M. Elizabeth Roper

Butler Snow LLP

Katelyn R. Ashton

Butler Snow LLP

Denise S. Lee

Butler Snow LLP

Emilee S. Crocker

Butler Snow LLP

Drawing from recent cautionary cases, this session examines fee requests gone wrong, including excessive billing, dishonest reporting, and manufactured claims. Participants will learn how courts scrutinize fee petitions and the consequences of ethical violations in fee recovery.

M. Elizabeth Roper

Butler Snow LLP

Katelyn R. Ashton

Butler Snow LLP

Denise S. Lee

Butler Snow LLP

Emilee S. Crocker

Butler Snow LLP

01 10
Prev
Next

speakers

Joe Ervin

The Law Firm for Truck Safety, LLP
A Partner at The Law Firm for Truck Safety. He focuses exclusively on cases involving commercial motor vehicle crashes and wrongful death. Joe also holds a valid class “A” commercial driver’s license with endorsements for double/triple trailers and tankers.

Education & Credentials

A 2013 graduate of the Gerry Spence Trial Lawyers College in Dubois, Wyoming, Joe is rated AV Preeminent™ by Martindale-Hubbell — the highest peer rating for exceptional legal ability and ethics. He is among the first nine attorneys nationwide to earn board certification in Truck Accident Law from the National Board of Trial Advocacy.

Recognition & Leadership

Joe received the Roadway Safety Award from the American Association for Justice (AAJ) for his commitment to improving highway safety.
 He currently serves as Co-Chair of the Academy of Truck Accident Attorneys (ATAA) Safety Committee, advocating for higher safety standards across the trucking industry.

Professional Involvement

Joe serves on the faculty of the AAJ Advanced Trial Advocacy College: Litigating Truck Collision Cases (2015 & 2024).
 He is an active member of AAJ’s Trucking Litigation Group and sits on the Board of Regents for the Academy of Truck Accident Attorneys.

Experience

Joe frequently consults and co-counsels on complex commercial truck cases. His proven track record includes numerous successful trials against motor carriers and truck leasing companies — delivering justice for victims of commercial vehicle accidents.

Kevin Foley

Reminger Co
A Partner at The Law Firm for Truck Safety. He focuses exclusively on cases involving commercial motor vehicle crashes and wrongful death. Joe also holds a valid class “A” commercial driver’s license with endorsements for double/triple trailers and tankers.

Education & Credentials

A 2013 graduate of the Gerry Spence Trial Lawyers College in Dubois, Wyoming, Joe is rated AV Preeminent™ by Martindale-Hubbell — the highest peer rating for exceptional legal ability and ethics. He is among the first nine attorneys nationwide to earn board certification in Truck Accident Law from the National Board of Trial Advocacy.

Recognition & Leadership

Joe received the Roadway Safety Award from the American Association for Justice (AAJ) for his commitment to improving highway safety.
 He currently serves as Co-Chair of the Academy of Truck Accident Attorneys (ATAA) Safety Committee, advocating for higher safety standards across the trucking industry.

Professional Involvement

Joe serves on the faculty of the AAJ Advanced Trial Advocacy College: Litigating Truck Collision Cases (2015 & 2024).
 He is an active member of AAJ’s Trucking Litigation Group and sits on the Board of Regents for the Academy of Truck Accident Attorneys.

Experience

Joe frequently consults and co-counsels on complex commercial truck cases. His proven track record includes numerous successful trials against motor carriers and truck leasing companies — delivering justice for victims of commercial vehicle accidents.

Grant H. Lawson

The Law Firm for Truck Safety, LLP
A Partner at The Law Firm for Truck Safety. He focuses exclusively on cases involving commercial motor vehicle crashes and wrongful death. Joe also holds a valid class “A” commercial driver’s license with endorsements for double/triple trailers and tankers.

Education & Credentials

A 2013 graduate of the Gerry Spence Trial Lawyers College in Dubois, Wyoming, Joe is rated AV Preeminent™ by Martindale-Hubbell — the highest peer rating for exceptional legal ability and ethics. He is among the first nine attorneys nationwide to earn board certification in Truck Accident Law from the National Board of Trial Advocacy.

Recognition & Leadership

Joe received the Roadway Safety Award from the American Association for Justice (AAJ) for his commitment to improving highway safety.
 He currently serves as Co-Chair of the Academy of Truck Accident Attorneys (ATAA) Safety Committee, advocating for higher safety standards across the trucking industry.

Professional Involvement

Joe serves on the faculty of the AAJ Advanced Trial Advocacy College: Litigating Truck Collision Cases (2015 & 2024).
 He is an active member of AAJ’s Trucking Litigation Group and sits on the Board of Regents for the Academy of Truck Accident Attorneys.

Experience

Joe frequently consults and co-counsels on complex commercial truck cases. His proven track record includes numerous successful trials against motor carriers and truck leasing companies — delivering justice for victims of commercial vehicle accidents.

M. Elizabeth Roper

Butler Snow LLP

Katelyn R. Ashton

Butler Snow LLP

Denise S. Lee

Butler Snow LLP

Emilee S. Crocker

Butler Snow LLP

M. Elizabeth Roper

Butler Snow LLP

Beth is a member of Butler Snow’s Pharmaceutical, Medical Device and Healthcare group, focusing her practice on appellate and written advocacy and drug and device litigation.

Education & Credentials

Juris Doctor from Vanderbilt University Law School, master's degree from Reformed Theological Seminary, bachelor's degree from Mississippi College.

Recognition & Leadership

Since 2021, recognized by Best Lawyers in America® — Ones to Watch for her work in Health Care Law.

Experience

Drafts dispositive motions on the motion teams in the pelvic mesh product liability litigation and other major product liability litigations. Served as appellate counsel in medical device cases in the Second, Fourth, and Sixth Circuit Courts of Appeals. Admitted to practice in Florida and Mississippi.

M. Elizabeth Roper

Butler Snow LLP

Beth is a member of Butler Snow’s Pharmaceutical, Medical Device and Healthcare group, focusing her practice on appellate and written advocacy and drug and device litigation.

Education & Credentials

Juris Doctor from Vanderbilt University Law School, master's degree from Reformed Theological Seminary, bachelor's degree from Mississippi College.

Recognition & Leadership

Since 2021, recognized by Best Lawyers in America® — Ones to Watch for her work in Health Care Law.

Experience

Drafts dispositive motions on the motion teams in the pelvic mesh product liability litigation and other major product liability litigations. Served as appellate counsel in medical device cases in the Second, Fourth, and Sixth Circuit Courts of Appeals. Admitted to practice in Florida and Mississippi.

Katelyn R. Ashton

Butler Snow LLP

Katelyn is a member of Butler Snow’s Pharmaceutical, Medical Device and Healthcare group, focused on the representation and defense of manufacturers in complex products liability litigation in state and federal courts, with an emphasis on prescription drugs, medical devices, and chemicals.

Recognition & Leadership

Best Lawyers in America® selected her as one of its 'Ones to Watch' for Health Care Law and Product Liability Litigation.

Experience

Member of the Motions Team in the largest MDL in history. Experience in various aspects of discovery and trial work, including drafting company discovery responses, taking plaintiff and witness depositions, and providing pre-trial and on-site trial support to lead trial and appellate trial counsel. Admitted to practice in Tennessee.

Denise S. Lee

Butler Snow LLP

Denise is a member of Butler Snow’s Pharmaceutical, Medical Device and Healthcare Litigation group, focused on the representation and defense of manufacturers in complex products liability litigation.

Education & Credentials

Bachelor's degree from Rhodes College, master of business administration and Juris Doctor from the University of Memphis. Received CALI Awards in Civil Procedure I, Civil Procedure II, Trial Advocacy, Remedies, Insurance Law, Commercial Law, Employee Benefits, and Legal Drafting: Litigation.

Professional Involvement

Member of the Memphis and Tennessee Bar Associations.

Experience

Served on the staff and as Note Editor of The University of Memphis Law Review.

Emilee S. Crocker

Butler Snow LLP

Emilee is a member of Butler Snow’s Pharmaceutical, Medical Device and Healthcare Litigation group, focused on the representation and defense of product manufacturers in complex litigation.

Education & Credentials

Bachelor's degree in Biosystems Engineering from the University of Tennessee, Juris Doctor from the University of Mississippi.

Experience

Joined Butler Snow in 2024. Served as a staff editor and associate case editor on the Mississippi Law Journal. Admitted to practice in Tennessee.

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Why Attend

Why this 
program matters

Understanding attorneys’ fees rules, fee-shifting exceptions, and strategic use of offers of judgment is critical for maximizing client recovery and managing litigation risk.
200+
Federal statutes authorize fee-shifting provisions allowing courts to order one party to pay another’s attorneys’ fees. (Federal Judicial Center, Awarding Attorneys’ Fees and Managing Fee Litigation)
230+
Years the American Rule has governed U.S. litigation since established by the Supreme Court in Arcambel v. Wiseman in 1796. (American University Business Law Review)
97%
Civil cases are resolved by means other than trial, making fee-shifting and settlement leverage essential litigation tools. (U.S. Department of Justice)
49
States have offer of judgment provisions, with Illinois being the only state without a general civil offer of judgment rule. (Illinois Association of Defense Trial Counsel)

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