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Litigation Finance and Antitrust Litigation

One of the fastest growing areas of litigation generally is antitrust.  For a variety of reasons, antitrust cases are particularly well suited for litigation financing.  Consequently, the growth in antitrust cases provides great opportunities for litigation funders as well. Litigation…
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Federal Judge Protects Litigation Funding Information From Disclosure

A federal district court judge in Chicago federal judge has refused to compel an antitrust plaintiff to disclose its litigation funding arrangements.  This decision is further support for the argument that litigation funding arrangements should be routinely disclosed.  In addition,…
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Why Lawyers Need Sophisticated Knowledge about Litigation Financing

As the market for litigation finance grows, and as more and more businesses recognize the benefits of litigation financing, attorneys must become conversant with how litigation finance works if they want to maximize their chances of getting commercial clients.  This…
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Hong Kong and the Growing International Acceptance of Litigation Financing

Hong Kong has recently enacted some legal reform to regulate litigation financing, especially in the arbitration context.  This reform effort is noteworthy because Hong Kong is an important forum for commercial arbitration, so its rules governing litigation finance should have…
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The Irish Supreme Court Recognizes That Champerty Law is Outmoded

In a recent ruling, the Irish High Court held that third-party litigation funding is unlawful because it is contrary to the common-law doctrines of champerty and maintenance, which were first developed in the Middle Ages.  The Irish Supreme Court even…
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Georgia Appeals Court Rules That Litigation Finance Is Investment, Not Lending

Several jurisdictions have ruled that consumer lending statutes apply to litigation finance agreements, even though such agreements universally provide that they are not loans because the litigant does not have any obligation to repay if he or she does not…
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Understanding Justinian Capital and What It Means for Litigation Finance in New York

The basic principle behind the common-law doctrine of champerty is that it is wrongful for a party to “intermeddle” in a lawsuit between two other parties by providing financial assistance ot one or the other.  But, in practice, the application…
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