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2022 Litigation Finance Survey Report

Lake Whillans and Above the Law have published their annual survey on litigation finance, which demonstrates that an increasing number of law firms and their clients view litigation funding as a valuable resource, with a majority of lawyers having experience working with a litigation finance firm, and almost all lawyers with prior experience indicating that they would turn to litigation funding again themselves.


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

Marla Decker of Lake Whillans reports that in a recent case, the Delaware Supreme Court has allowed the full amount of the contingent attorneys’ fees (which were one-third of the damages awarded and amounted to nearly $20 million) to be shifted to the non-prevailing party based on a contractual fee-shifting provision and argues that the logic in this and similar cases could extend to the recovery of litigation finance costs under the “costs” prong of a fee-shifting provision.

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