Latest Posts

What’s Good for the S&L Is Good for the Plaintiff

When a personal injury plaintiff obtains funding from a third-party to pursue its litigation, theoretical and ethical objections are easy to come by.  But maybe this is because of the simplicity of the transaction between the plaintiff and the third-party…
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Why Litigation Finance for Plaintiffs Is the Same as Insurance-Financed Litigation for Defendants

When courts strike down litigation financing agreements as against public policy, or when commentators argue that litigation financing is wrong, they often focus on the fact that the involvement of a third party in a legal dispute might give control…
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What the U.S. Can Learn About Litigation Funding from the U.K. and Australia (Part II)

In our previous post, we discussed how the United Kingdom and Australia have liberalized traditional legal doctrines to make it easier for third parties to provide funding to litigants.  This liberalization has included permitting these funders to play a substantive…
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What the U.S. Can Learn About Litigation Funding from the U.K. and Australia (Part I)

Opponents of third-party litigation financing often argue that such financing is contrary to long-held principles that have their roots in English common law.  But a traditional principle is not valuable just because it is old.  Changing circumstances can provide good…
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Canada’s Position on Third-Party Litigation Funding

Canadian courts have been reluctant to approve third-party litigation funding, which is partly due to its potentially negative implications. The doctrines of maintenance and champerty came into existence in the early 1300s in the English legal system when the royal…
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U.S. Federal Court’s Actions in a Liberian Case Illustrate How Expensive Third-Party Litigation Funding Can Be

A federal judge in an insurance case commenced in the early 1990s between Liberian group, Abi Jaoudi and Azar Trading (AJA) and Cigna Worldwide Insurance, an American insurer, imposed sanctions on the third-party litigation funder. AJA initially won the insurance…
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Burford Capital’s Acquisition of Gerchen Keller Capital a Positive or Negative Predictor of the Future of Litigation Financing?

In December 2016, Burford Capital, LLC, founded in 2009, purchased its biggest competitor, Gerchen Keller Capital (GKC) for approximately $175 million, becoming the largest litigation financing firm in the world. GKC engaged in this sale just three years after its…
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Using Litigation Financing to Level the Playing Field in Personal Injury Cases

There are plenty of critics of third-party litigation financing.  These critics complain about how greedy lawyers and funders can stir up unwarranted legal disputes and take advantage of vulnerable plaintiffs.  But these often overlook how important litigation financing can be…
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