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Litigation Funding Contract Terms

Morris James LLP

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

Morris James LLP on

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

Dorsey & Whitney LLP

Ensuring Access to Justice: The Litigation Funding Agreements (Enforceability) Bill and the Path Forward Post-PACCAR

Dorsey & Whitney LLP on

Following the second reading of the Litigation Funding Agreements (Enforceability) Bill in the House of Lords on April 15th, there is a shared acknowledgment among the House of the significance of maintaining and protecting...more

Amundsen Davis LLC

Third-Party Litigation Financing and Illinois’ Attempt to Regulate Has Implications for the Transportation Industry

Amundsen Davis LLC on

Third-party litigation financing is something defendants, and the transportation industry in particular, will likely increasingly see in lawsuits filed in Illinois. Generally, third-party litigation financing or funding is...more

BCLP

After PACCAR: a New Approach to Funding Collective Proceedings in the CAT

BCLP on

In the first certification decision since the UK Supreme Court’s judgment in PACCAR, the CAT has held that a litigation funding agreement (LFA) revised in light of PACCAR was not a damages-based agreement (DBA) and it was...more

Cooley LLP

Commercial Court Leaves Room for Enforceability of Litigation Funding Agreements

Cooley LLP on

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

White & Case LLP

What duties does a lawyer owe a litigation funder - put simply, what do the words say?

White & Case LLP on

The recent judgment in John Hall v Saunders Law Limited & Others considers the extent of the duties (if any) owed by solicitors conducting funded litigation to those funders, and emphasises the importance of careful drafting...more

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