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Can Litigation Financing Fees Be a Recoverable Cost? An English Court Says, “Yes.”

A recent English court decision has held that the cost of litigation funding can be a recoverable cost in arbitration.  Although there are a number of unique circumstances in this case that might make it an outlier, the court’s analysis…
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Litigation Finance in Class Actions: Are Third-Party Funding Agreements Discoverable?

There is on-going uncertainty about whether and to what extent agreements for third-party litigation funding can be subject to discovery.  This is true in all kinds of litigation, but a couple of recent decisions have reached opposite results in the…
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Litigation Funding as a Tool for Better Business

Litigation creates problems for business.  Aside from the obvious risks associated with an adverse result, litigation is costly and disruptive for business.  But many of these costs, risks and problems can be reduced or eliminated when businesses finance their litigation…
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The Effect of Litigation Financing on the Legal System: A Lesson from Australia

There are plenty of theories about how the more extensive use of third-party litigation finance could affect the legal system.  Some suggest that increased access to litigation funding could promote greater access to justice for less affluent parties.  Others predict…
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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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