News & Analysis as of

Litigation Funding

Goldberg Segalla

New York’s Consumer Litigation Funding Act: Will it Curb the Onslaught of Litigation Funding and Potential Lawyer Liability?

Goldberg Segalla on

Recently we have written about some of the pitfalls associated with litigation funding when it comes to attorney liability. Thereafter, we discussed how a New York appellate court, for the first time, affirmed the...more

Conyers

BVI Litigation 2025 Reflection (Part 2) – Directors’ Inspection Rights after Intimere v Papanikolaou

Conyers on

On 4 June 2025, the BVI Court of Appeal dismissed an appeal in Intimere Holdings Ltd & Hellicorp Investments Ltd v Katina Papanikolaou (BVIHCMAP2022/0031), confirming that a director’s right under section 100(1) of the BVI...more

Harris Beach Murtha

NY Consumer Litigation Funding Act: Litigation Implications for Defendants

Harris Beach Murtha on

New York Governor Kathy Hochul recently signed the Consumer Litigation Funding Act (the Act) into law, significantly expanding state regulation of consumer litigation funding. The Act requires plain language contracts that...more

Bailey & Glasser, LLP

What Attorneys Should Consider When Thinking About Third-Party Litigation Funding

Bailey & Glasser, LLP on

Over the last two decades, third-party litigation funding has become a mainstay of the legal industry. Firms of all sizes can now turn to outside lenders to cover the costs of litigation with non-recourse loans—money repaid...more

Cozen O'Connor

Claims Notes: January 2026

Cozen O'Connor on

Minimum Auto Limits Raised to $35k/$70k - Effective January 1, 2026, minimum limits for standard auto liability policies increase to $35,000 per person/$70,000 per accident for both liability and UM/UIM coverage (up from...more

White & Case LLP

UK Moves To Reverse PACCAR Decision And Regulate Third-Party Litigation Funding

White & Case LLP on

In a move designed to restore certainty and competitiveness, the UK government has announced plans to reverse the decision of the Supreme Court in PACCAR and to introduce regulation of third-party litigation funding. This...more

FBT Gibbons LLP

Excess Forecast: Five Warning Signs a Routine Claim Is About to Escalate

FBT Gibbons LLP on

Excess carriers face a unique challenge: estimating where a potentially high-value claim will end up before most of the pertinent facts have come to light. This endeavor can feel like predicting the damage a Category 5...more

BCLP

Standout UK Insolvency Cases of 2025 and Their Impact for Insolvency Practitioners in 2026

BCLP on

Every year, the courts make a vast number of insolvency case law decisions. Many refine established legal principles; some are highly fact-specific (and distinguishable on that basis), whilst others reshape practice and...more

Mayer Brown

UK Government to Mitigate Impact of Supreme Court's 2023 Decision on Litigation Funding in PACCAR

Mayer Brown on

On 17 December, the Minister of State for Justice, Sarah Sackman KC MP, announced that the UK Government intends to take action to mitigate the impact of the 2023 Supreme Court judgment in PACCAR and implement proportionate...more

Morrison & Foerster LLP

UK Litigation: 2025 Recap and 2026 Outlook

Morrison & Foerster LLP on

As we head into 2026, resolutions (however realistic) in hand, we look back at the key English court rulings of 2025 and the lessons they offer for businesses and practitioners alike. The past year saw important developments...more

Sterne, Kessler, Goldstein & Fox P.L.L.C.

The New Competitive Patent Landscape and Potential Resurgence in Competitor-to-Competitor Litigation: Why Strategic Prosecution...

In recent years, patent enforcement between operating companies has been overshadowed by non-practicing entity litigation. The Patent Trial and Appeal Board (PTAB) loomed large as a challenger-friendly forum for invalidation,...more

Jones Day

Can Plaintiffs Recover Litigation Funding Damages from Defendants in Class Action in Australia?

Jones Day on

The Australian High Court has endorsed the views of lower courts and held that litigation funding fees are not recoverable as damages, thereby preventing funding costs being transferred to defendants, in nuisance claims....more

McDermott Will & Schulte

Market analysis: 10 trends affecting global private markets for 2026

McDermott Will & Schulte on

Welcome to the fifth edition of the Private Markets Update, a report in which our cross-border, multidisciplinary team of private capital advisers shares insights on the latest trends emerging across global private markets....more

McDermott Will & Schulte

Avoiding pitfalls as litigation finance takes off

McDermott Will & Schulte on

Litigation finance looks set for a busy year in 2026 after some uncertainties throughout 2025. Sitting at the intersection of law and finance, litigation finance deals include unique complexities....more

Akin Gump Strauss Hauer & Feld LLP

UK Government Confirms Plans to Legislate to Reverse PACCAR and Restore Clarity for Litigation Funding

The UK government has confirmed that it intends to bring forward legislation to reverse the effect of the Supreme Court’s 2023 decision in PACCAR and to clarify in statute that litigation funding agreements (LFAs) should not...more

DLA Piper

The EU Product Liability Directive and Growing Product Liability Risk Worldwide

DLA Piper on

At DLA Piper’s Fourth Annual Product Liability Symposium, panelists shared key insights related to the new European Union Product Liability Directive (PLD), which will come into effect in December 2026....more

Harris Beach Murtha

New York Appellate Court Approves Discovery into Litigation Funding

Harris Beach Murtha on

In Lituma v. Liberty Coca-Cola Beverages LLC, New York’s Appellate Division, First Department affirmed the trial court’s decision to vacate note of issue and order further discovery into plaintiffs’ third-party litigation...more

Amundsen Davis LLC

Ohio House of Representatives Passes Bill to Bring Transparency to Third-Party Litigation Funding

Amundsen Davis LLC on

On November 19, 2025, the Ohio House of Representatives passed House Bill 105 aimed at addressing, in part, individual third-party legal financing agreements. These agreements are typically used by personal injury plaintiffs...more

Marshall Dennehey

Precedent Established: New York Appellate Division Grants Discovery of Third-Party Litigation Funding

Marshall Dennehey on

Key Points: The Appellate Division, First Department, affirmed that defendants may obtain discovery of third-party litigation funding agreements, breaking with prior public policy protections....more

Stark & Stark

GoFundMe & Divorce: Risks You Need to Know Before Crowdfunding Your Legal Fees

Stark & Stark on

Going through a divorce is expensive both emotionally and financially. Between attorney fees, court costs, and the financial upheaval of separating one household into two, the temptation to seek crowdfunded financial support...more

Goldberg Segalla

NY Appellate Court Holds Litigation Funding is Discoverable: A Look at What this Ruling May Mean for Lawyers Using Litigation...

Goldberg Segalla on

Recently, a New York intermediate appeals court has affirmed a trial court’s order, holding the trial court correctly allowed defendants to seek materials related to the funding of plaintiffs’ litigation. See Lituma v....more

Arnall Golden Gregory LLP

Restructuring Roundup - November 2025

AGG’s Restructuring Roundup newsletter is a monthly update of legal issues and news affecting or related to commercial litigation and bankruptcy. The newsletter is a curation of published articles and news, and contains...more

WilmerHale

The Venture Capital Model Applied to Litigation Funding: Misaligned Incentives and the Harm to Innovation

WilmerHale on

The rise of investor-backed patent litigation in the United States is imposing a significant cost on innovation. The venture capital model of funding—where 50% to 70% of investments are expected to fail but the few “hits”...more

Robinson+Cole Class Actions Insider

Advisory Committee on Federal Civil Rules Considering Potential Amendments to Class Action Rule and Potential Third-Party...

At a recent meeting, the Advisory Committee on Civil Rules of the Judicial Conference of the United States discussed, at an early stage, potential amendments to the federal class action rule, as well as a potential rule...more

Goldberg Segalla

The Pitfalls of Litigation Funding

Goldberg Segalla on

Over the past decade, there has been a substantial rise in the number of attorneys using litigation funding to help prosecute or defend a case. This area is largely unregulated in New York. While this new way of practicing...more

267 Results
 / 
View per page
Page: of 11

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
- hide
- hide