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Litigation Funding Appeals

Cooley LLP

Commercial Court Leaves Room for Enforceability of Litigation Funding Agreements

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In the first case to address the ramifications of the UK Supreme Court’s decision in R (on the application of PACCAR Inc and others) v. Competition Appeal Tribunal and others (see our July 2023 blog post on this case),[1] the...more

Fenwick & West LLP

Federal Circuit Denies Request to Block Disclosure of Litigation Funding Information

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Patent assertion entities make up a significant portion of patent litigation practice today. Many of these entities form just days or weeks before acquiring a patent and filing a complaint. Just as often, these entities’...more

Goodwin

Litigation Insights - July 2021

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FOREWORD - On behalf of the new and expanding Goodwin London litigation team I am delighted to welcome you to our first ever ‘Litigation Insights’: a series of quarterly updates on important and interesting developments...more

Holland & Knight LLP

The Litigation Funding Case That Keeps On Giving

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As litigation funding becomes more commonplace, courts are having to determine how a wide variety of laws apply to litigation funding agreements. Until now, courts have primarily focused on two issues: 1) whether or when...more

Goodwin

Security For Costs, Cross-Undertakings And Litigation Funding: Recent Guidance From The Court Of Appeal

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The issue of security for costs has come into focus in recent years in the context of the increased trend of commercial litigation funders supporting claims in the English courts. The Court of Appeal has recently provided...more

White & Case LLP

Not a binding rule: Court of Appeal confirms funders' costs liability not automatically capped

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On 25 February 2020, the Court of Appeal in Chapelgate Credit Opportunity Master Fund Ltd-v-Money & Others confirmed that the liability of a commercial funder of an unsuccessful action should not automatically be limited to...more

Hogan Lovells

International Products Law Review 2020: Issue 76

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We are excited to bring you issue 76 of our International Products Law Review with insights and updates on all aspects of products law. In this issue, we explore what businesses need to consider when making climate-related...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

Carlton Fields

Third Circuit Finds Class Members’ Cash Advance Agreements May Fall Short of a True Assignment

Carlton Fields on

On April 26, 2019, the Third Circuit Court of Appeals reversed in part and affirmed in part a district court order purporting to void cash advance agreements entered into by and between class members and litigation funding...more

Skadden, Arps, Slate, Meagher & Flom LLP

Merricks v Mastercard: UK Class Actions Back Under the Spotlight

The English Courts have reignited the prospects of a £14 billion class action against Mastercard. In a much anticipated ruling, on 16 April 2019, the Court of Appeal of England and Wales (the Court) granted an appeal by...more

Kramer Levin Naftalis & Frankel LLP

Litigation Financing Agreements Affirmed by NY Appellate Court

The New York Appellate Division of the Supreme Court, First Department recently confirmed the legality of properly structured litigation financing agreements....more

Smart & Biggar

Rx IP Update - November 2017

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Canada’s new linkage litigation scheme: A comparison to Hatch-Waxman - The September 21, 2017 amendments to the Patented Medicines (Notice of Compliance) Regulations (see our article here) introduced a new scheme for...more

A&O Shearman

Third party funders held liable for costs on an indemnity basis

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Excalibur Ventures LLC v Texas Keystone Inc & Ors [2016] EWCA Civ 1144, 18 November 2016 - The Court of Appeal has provided important guidance on the extent to which third party litigation funders may be liable to pay...more

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