News & Analysis as of

Litigation Fees & Costs Disclosure Requirements

Axinn, Veltrop & Harkrider LLP

Navigating the Complexities of Litigation Funding Discovery

For those who have not had a chance to attend one of our CLE presentations on Litigation Funding Disclosure, this IAM article provides a glimpse of the complex landscape for defendants seeking discovery on litigation funding...more

Haug Partners LLP

Disclosure of Third-Party Funding Documents in Patent Litigation: A Shift Towards Greater Transparency in Patent Ownership and...

Haug Partners LLP on

Third-party litigation financing (TPLF) is an arrangement by which plaintiffs finance litigation costs through a non-party, typically a private firm that obtain funds from other investors. The commercial goal for a funder is...more

ArentFox Schiff

Follow the Money: How Litigation Finance May Be Tilting the Scales

ArentFox Schiff on

The US litigation finance industry is valued at over a billion dollars and has continued to grow as potential funders increasingly see litigation as an investment opportunity. Despite the growing presence of litigation...more

White and Williams LLP

New York Alleviates Some Requirements of the Comprehensive Insurance Disclosure Act

White and Williams LLP on

After significant pushback from insurers and defendants, in late February the New York Legislature made amendments that reduce the burden of some of the original disclosure requirements of the Comprehensive Insurance...more

Mintz - Intellectual Property Viewpoints

No Fishing Allowed: Discovery of Litigation Funding Requires Articulation of Relevance Beyond Speculation

A recent Memorandum Order from the District of Delaware edified the protections courts tend to give discovery concerning litigation funding. Because Defendant AT&T failed to carry its burden of demonstrating the specific...more

Faegre Drinker Biddle & Reath LLP

Third Circuit Tackles Third-Party Funding Issues in In Re: National Football League Players’ Concussion Injury Litigation

Third-party litigation funding has received increased scrutiny over the past several years, particularly in the context of mass torts, class actions, and multidistrict litigation. Most of this scrutiny has focused on...more

Gray Reed

Could Litigation Funding Disclosure Be Coming to Texas?

Gray Reed on

In recent months we have discussed litigation funding, specifically covering what litigation funding entails, whether such agreements were legal in different jurisdictions and the ethical issues surrounding litigation funding...more

Mintz - Arbitration, Mediation, ADR...

Discoverability of Third Party Funding Agreements in Arbitration – Part I

The use of third party funding of arbitration and litigation proceedings provides broader access to formal claim resolution mechanisms, but that benefit may come with some unique issues for the uninitiated. However,...more

Gray Reed

Ethical Issues Arising in Litigation Funding

Gray Reed on

This is the third installment in a series on litigation funding. The first article provided an overview of litigation funding. Last month’s installment focused on the legality of litigation funding. ...more

Bradley Arant Boult Cummings LLP

Pulling Back the Curtain: Moving Toward Disclosure of Third-Party Funding in Litigation - Who's Who Legal

Civil litigation, once a realm confined to rules-based conflict resolution between adverse parties, has become profitable commerce in the US. Where commerce thrives, investors looking for healthy returns follow. Unlike other...more

Butler Snow LLP

Increased Transparency For Litigation Funding Companies May Impact the Collateral Source Rule

Butler Snow LLP on

“Litigation investment” companies have been in the news frequently in the past year, and state legislatures and courts are taking note and taking action. ...more

Bradley Arant Boult Cummings LLP

The Missing Key To Third-Party Litigation Funding

Civil litigation, once a realm confined to rules-based conflict resolution between adverse parties, has become profitable commerce in the United States. Where commerce thrives, investors looking for healthy returns follow....more

Blank Rome LLP

Recent Rulings and Regulations Equals Recognition: Progress in the Litigation Finance Industry

Blank Rome LLP on

Recent rulings and regulations addressing litigation finance are the best indicators that courts and States are finally catching up to a booming third-party litigation finance industry. Complex commercial litigation...more

Carlton Fields

Transparency Watch: Federal District Court Mandates Automatic Disclosure of Third-Party Funding Arrangements for Class Actions

Carlton Fields on

In January, the U.S. District Court for the Northern District of California announced a change that makes litigants in putative class action suits subject to requirements mandating automatic disclosure of third-party funding...more

Hinshaw & Culbertson LLP

CFPB Gives Preview of Changes Coming to the Collection Industry

On July 28, 2016, the Consumer Financial Protection Bureau (CFPB) issued a detailed outline of proposals that address some of the hot topic issues in the collection industry. Before they become rules, these proposals will...more

Clark Hill PLC

Non-Parties And Electronic Discovery: Limiting The Scope And Cost Of Responding To Invasive Rule 45 Subpoenas

Clark Hill PLC on

“[D]iscovery is by definition invasive [and] parties to a law suit must accept its travails as a natural concomitant of modern civil litigation.” But “[n]on parties have a different set of expectations” and discovery aimed at...more

Troutman Pepper

Recent Delaware Chancery Transcripts Emphasize That Materiality Is Key To Fee Awards In Disclosure-Based M&A Settlements

Troutman Pepper on

Some corporate practitioners could have the impression that significant fee awards are granted as a matter of course in M&A class action litigation, even where the results obtained by class counsel were supplemental (and...more

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