“Fee-shifting incentivizes plaintiffs’ employment lawyers to accept specious cases, knowing that most employers settle because they cannot afford both defense costs and the risk of having to pay plaintiffs’ legal fees. How can this problem caused by fee-shifting be ameliorated?”
Mandelbaum Barrett Labor and Employment Co-Chair Steven Adler, Esq. authored an article in the August 18th issue of the New Jersey Law Journal where he looks at how this problem caused by fee-shifting can be improved. He explains how modifying the double standard when deciding whether to award fees to a prevailing party is a place to start.