Another Court Holds That Sharing Legal Memorandum With Potential Litigation Funders Does Not Make Them Discoverable

10 months ago
Marla Decker

There is a growing body of case law across multiple jurisdictions (including those that regularly see high stakes commercial litigation)…

A New York Appellate Court Weighs in on Litigation Funding Disclosure: Relevance is Paramount

11 months ago

As litigation funding becomes more normalized, the disclosure of litigation funding arrangements is a much talked-about and evolving issue.  The…

The Argument for Why Counsel Have an Ethical Duty to Inform Clients About Litigation Finance

1 year ago

Recently, I met a General Counsel of a mid-cap company who had only just learned about litigation finance.  She was…

Litigation Funding Disclosure in Delaware: Emerging Standard?

1 year ago

Mandatory disclosure of litigation funding has arrived in the District of Delaware — at least in the courtroom of Chief…

What a Litigation Funder Learned from A Litigation Funding Conference

2 years ago

I recently attended the LITFINCON conference in Houston, Texas.   This was my first in-person conference I attended in 2+…

Why A Delaware Supreme Court Decision Affirming Shifting a Contingency Fee to the Losing Party Could Have Applications to Recovering the Costs of Litigation Funding

2 years ago

n general, the U.S. legal system requires parties to bear their own costs, and does not automate “loser-pays” rules like…

Can a Prevailing Party in Arbitration Recover its Litigation Funding Costs?

2 years ago

In addition to providing finance for commercial litigation cases in the U.S. and Canada, Lake Whillans routinely funds claimants in…

Another Effort to Amend Federal Rule 26 with a One-Size Fits All Litigation Finance Disclosure Requirement Does Not Persuade the Federal Rules Advisory Committee

2 years ago

The decision should still be up to the litigant, the Advisory Committee on Civil Rules says in a new report.…

Litigation Funding in Bankruptcy and Distressed Situations

2 years ago

Litigation finance can preserve or increase estate resources for creditors and enable additional recoveries.  Financing can be useful for debtors…

Levelling the Playing Field: The Rise of Litigation Funding in Canada

2 years ago

Lake Whillans has been following closely the developments in Canada related to litigation funding and recently consummated its first public…