Litigation Funding, Class Members, Class Action

Court of Chancery Finds Class Counsel’s Litigation Funding Agreement is Discoverable

Morris James LLP on 2/7/2025

Burkhart v. Genworth Fin., Inc., C.A. No. 2018-0691-NAC (Del. Ch. Aug. 21, 2024). The rise in litigation funding brings a predictable follow-on question: Are litigation funding agreements protected as work product, or...more

Australian Class Actions Update: Class Actions to Remain a Material Risk

Jones Day on 11/11/2022

Recent legislative and regulatory developments, including the Federal Government's draft regulations to deregulate litigation funding in class actions and the Civil Procedure (Representative Proceedings) Bill 2021, which...more

Despite Its Allure, Litigation Funding Is Just ‘The Cost of Doing Business’ for Class Counsel

Akin Gump Strauss Hauer & Feld LLP on 10/26/2021

A federal district court rejected a novel request from class counsel for reimbursement of counsel’s litigation funding expenses. According to the court in Perez v. Rash Curtis & Assoc., No. 16-03396 (N.D. Cal. October 1,...more

Scanning the Class and Collective Action Horizon

Orrick, Herrington & Sutcliffe LLP on 10/15/2021

While group litigation and collective actions have traditionally been more difficult to pursue in the UK than in the U.S., changes to UK civil procedure rules and societal attitudes towards group ligation means that these...more

Australian High Court Rejects "First to File" Approach to Choosing Between Competing Class Actions

Jones Day on 3/17/2021

There is no "one size fits all" approach to competing class actions. Five competing and overlapping shareholder class actions were commenced in two separate Australian courts against AMP Limited. All actions were...more

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

Faegre Drinker Biddle & Reath LLP on 6/11/2019

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

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

Carlton Fields on 5/22/2019

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

Australian Federal Court Adopts Novel Approach in Dealing with Competing Class Actions

Jones Day on 6/8/2018

The Situation: Competing class actions, particularly in relation to shareholder claims, have increased in Australia and imposed unnecessary costs on respondents. In Perera v GetSwift Limited [2018] FCA 732, Lee J of the...more

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