Law Firm ILN-telligence Podcast | Episode 92: Ron Davis | Fogler Rubinoff
Litigation Finance and The Grain Miller
California Dreamïn!
Litigation Finance: A Disruptive Force in Law Firm Client Value - LMA Podcast #29
How This Investment Firm Hopes to Revolutionize Litigation in America
On April 21, 2025, Georgia became one of the first states to enact a statute to permit the discovery of litigation funding, paving the way, perhaps, for a number of other states to soon follow....more
Georgia Governor Brian Kemp has signed Georgia Senate Bills 68 and 69 into law, enacting the most significant overhaul of Georgia’s tort system since 2005. The laws, enacted on April 21, 2025, are consequential for the...more
Should California courts permit litigants to conduct discovery into litigation funding, namely whether a third party is funding their adversary’s litigation efforts?...more
Georgia has enacted the most comprehensive tort reform legislation the state has seen in nearly 20 years. Passed during the 2025 Georgia legislative session, the legislation impacts multiple aspects of Georgia tort...more
The new guides provide the latest legal information on litigation funding, initiating a lawsuit, pre-trial proceedings, discovery, injunctive relief, trials and hearings, settlement, damages and judgment, appeals, costs,...more
The guide provide the latest Bermuda legal information on litigation funding, initiating a lawsuit, pre-trial proceedings, discovery, injunctive relief, trials and hearings, settlement, damages and judgment, appeals, costs,...more
Effective February 3, the US International Trade Commission (ITC) amended its Rules of Practice and Procedure governing Section 337 investigations. While some of these amendments make technical corrections and clarifications,...more
Earlier this month, the U.S. International Trade Commission (ITC) implemented amendments to its Rules of Practice and Procedure governing Section 337 investigations. The amended rules, which govern investigations instituted...more
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
Smartmatic USA Corp. v. SGO Corp Ltd., 2023 WL 2626882 (Sup. Ct., N.Y. Cty. 2023) - Generally, litigation funding loans are not discoverable in personal injury actions. These are “loans” given to injured plaintiffs as an...more
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
The United States District Court for the District of New Jersey recently amended Rule 7.1.1 of the Local Civil Rules to require parties that use third-party litigation financing to file a disclosure statement (the Amended...more
The exact dollar amount that third-party investors infuse in U.S. lawsuits every year is unknown, but conservative estimates begin around $2.3 billion, with agreement that the industry has room to grow. With the ongoing...more
Litigation funding involves a third-party, which is not a party to the lawsuit, advancing funds on behalf of the injured plaintiff in return for a portion of any financial recovery. Although litigation funding can take many...more
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
The market for litigation finance shows no signs of slowing down, but pressure from rulemaking bodies and the judiciary may reshape whether and to what extent funding arrangements must be publicly disclosed. The use of...more
Multidistrict litigation (MDL) proceedings comprise a large and growing portion of the federal civil docket. According to Lawyers for Civil Justice, an association of defense counsel, MDLs encompassed 52% of all federal civil...more
In January, in Part I of this post, we discussed the “relevance” factor in determining the discoverability of litigation funding agreements and correspondence with funders. (For these purposes, the word “litigation” means...more
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
A recent order from the Northern District of California provides some succinct guidance on the relevancy of discovery concerning litigation funding. In Space Data Corp. v. Google LLC, 5-16-cv-03260, the court denied...more
The use of third-party litigation financing — generally defined as the funding of litigation activities by entities other than the parties themselves, their insurers or their counsel — continues to increase in the United...more
With the increasing barriers to successfully prosecuting a securities fraud case in the United States, including the jurisdictional limitations caused by the Morrison decision, institutional investors are sometimes now...more
Applying the Delaware “because of” test to determine what is covered by the work product privilege, this decision prohibits discovery of the funding agreement between a litigation funding firm and one of the parties to the...more