Jason Bloom in Supreme Court Tweaks Rules for Attorney Fees in Copyright Cases

June 20, 2016

The U.S. Supreme Court on Thursday recalibrated the law of copyright fee shifting, telling the U.S. Court of Appeals for the Second Circuit that it was placing too much weight on the objective reasonableness of parties’ litigation positions...

“In those jurisdictions where fees are routinely awarded to prevailing plaintiffs in copyright cases with little consideration for the reasonableness of the defendant’s position, courts will now have to take a different approach,” said Haynes and Boone partner Jason Bloom. “That being said, the Supreme Court has still left lower courts very broad discretion in deciding whether to award fees."

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