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How Litigation Finance Can Help Modernize Music Copyright Law

Some critics of litigation finance complain that providing funding for under-resourced litigants leads to fewer settlements, more trials, and a greater burden on judicial resources.  But, in some situations, more trials and more judicial rulings may be a good thing…
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Litigation Funding Gaining Acceptance in Canada

Canada provides another example of how the Anglo-American legal tradition can accommodate litigation funding.  As in the United Kingdom, Scotland, Australia, and New Zealand, Canadian courts have recently held that there is no prohibition against third-party litigation funding.  Canadian law…
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The Problems with Mandatory Disclosure of Litigation Finance

Opponents of litigation finance have recently stepped up their calls for amendments to procedural rules that would mandate the disclosure of litigation financing agreements.  The U.S. Chamber of Commerce, perhaps the most outspoken critic of litigation finance, has collaborated with…
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Litigation Finance: Providing Capital to Law Firms without the Risk of Fee-Splitting Problems

As litigation finance continues to grow, it is being used by law firms as a means of providing capital to fund operations.  A recent decision of the Second Circuit makes such financing even more attractive to law firms.  In that…
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A Sign of Acceptance for Litigation Financing

You might expect that a litigation financing agreement is something to be kept confidential.  Indeed, many parties who have received litigation financing aggressively resist any attempts by opponents to discover if such financing even exists.  But, in a recent case,…
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Bill to Reform Class Action Procedure Would Require Disclosure of Litigation Funding Agreements

The United States House of Representatives has just passed legislation that would have a sweeping effect on class action procedure and would mandate disclosure of litigation financing arrangements in class actions cases.  This disclosure would occur at the discovery stage…
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Leading Litigator Recognizes Equalizing Power of Litigation Finance

If you aren’t convinced already about how litigation finance can level the litigation playing field, listen to the founding partner of Bickel and Brewer, a leading New York litigation firm.  In a recent opinion essay in Crain’s New York Business,…
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The Snapchat Whistleblower Case: An Illustration of How Litigation Funding Works for Clients and Law Firms

A recent case against Snap, Inc., owner of the social media app Snapchat, shows how litigation financing can be mutually beneficial to both plaintiffs and law firms.  In particular, the case demonstrates how litigation funding can sustain meritorious cases while…
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The Advantages of Litigation Finance for “Middle-Market” Lawsuits

When people talk about litigation finance, they often talk about the funding provided at the extreme ends of the market.  At one end are the small-scale investments in the claims of individual plaintiffs, often in personal injury cases.  At the…
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