Tag Archive: discovery

Why Mandatory Disclosure of Third-Party Litigation Funding Is a Bad Idea

One widespread response to the rise of litigation funding is a call for the mandatory disclosure of any litigation funding arrangements.  Advocates of mandatory disclosure contend that it is necessary to bring litigation funding “out of the shadows” and to…
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The Problem of Discovery about Litigation Funding Arrangements

As litigation funding becomes more prevalent, it is subject to increasing scrutiny, including in discovery in cases where one of the litigants receives funding from a third party. When a litigant does obtain litigation funding, that party’s attorney must take…
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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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