News & Analysis as of

Third Party Funding Discovery

Butler Snow LLP

Turn that Frown Upside Down: Litigation Funding Agreements Provide Opportunities in Defending Personal Injury Actions

Butler Snow LLP on

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

Proskauer - Minding Your Business

Is Increased Transparency into Litigation Financing on the Horizon?

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

Mintz - Arbitration, Mediation, ADR...

Discoverability of Third Party Funding Documents in Arbitration – Part II

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

White & Case LLP

Which jurisdiction? Choosing where to litigate: A jurisdictional overview of the world’s court systems

White & Case LLP on

With ongoing advances in technology and communications, the number of contracting parties looking beyond their local jurisdiction when choosing a dispute resolution forum continues to grow It is easier than ever for...more

Mintz - Arbitration, Mediation, ADR...

Discoverability of Third Party Funding Agreements in Arbitration – Part I

The use of third party funding of arbitration and litigation proceedings provides broader access to formal claim resolution mechanisms, but that benefit may come with some unique issues for the uninitiated. However,...more

Dechert LLP

Updated HKIAC Arbitration Rules Seek to Save Time and Costs

Dechert LLP on

The Hong Kong International Arbitration Centre (HKIAC) recently released a new version of the HKIAC Administered Arbitration Rules, effective November 1, 2018. The new version updates the 2013 HKIAC Administered Arbitration...more

Mintz - Intellectual Property Viewpoints

Discovery Concerning Potential Litigation Funding is Not Relevant or Proportional

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

Mintz

Delaware District Court Finds No Work-Product or Common Legal Interest Protection for Certain Pre-Suit and Pre-Agreement Documents...

Mintz on

Recently, the District of Delaware held that a there was no work-product protection, and no common legal interest protection covering communications and documents shared between a patent owner and a third-party litigation...more

Skadden, Arps, Slate, Meagher & Flom LLP

"Third-Party Litigation Financing: Mandatory Disclosure on the Horizon?"

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

Orrick, Herrington & Sutcliffe LLP

Big Changes Could Be Coming in Class Action Litigation

On February 10, 2017, U.S. Rep. and House Judiciary Committee Chairman, Bob Goodlatte (R-Va), introduced a new version of his Fairness in Class Action Litigation Act of 2017 (H.R. 985) (the "Act"). The Act, while bearing the...more

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