Bankruptcy Group Explores Fee Defense Litigation Post-Asarco

Under the American Rule, each party to a litigation is responsible for paying its own attorney fees, unless a statute or contract provides otherwise. Though this tenet is widely accepted, and seemingly straightforward, the application of statutory or contractual exceptions is not always clear cut.

In a recent article for The New York Law Journal, Partners Seth Lieberman, Patrick Sibley and Associate Matthew Silverman of Pryor Cashman's Bankruptcy, Reorganization + Creditors' Rights Group examined the bankruptcy bar's interpretation of parties' rights to recover attorney fees in the aftermath of the seminal U.S. Supreme Court decision, Baker Botts v. Asarco (2015). 

Asarco and its Impact on Fee Defense Litigation