Another Effort To Amend Federal Rule 26 With A One-Size Fits All Does Not Persuade The Federal Rules Advisory Committee

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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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What A Litigation Funder Learned From A Litigation Funding Conference

Marla Decker of Lake Whillans shares her takeaways from the recent litigation funding conference organised by Siltstone Capital and Litigo Financial, noting that the asset class is maturing and there is a growing emphasis on trusted relationships. She also expressed her surprise to learn that so few in-house counsel are familiar with litigation finance.

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2021 Litigation Finance Survey Report

Lake Whillans and Above The Law have released the results of their fifth annual litigation finance survey which shows that, among other things, firms with 500+ attorneys have the smallest proportion of firsthand experience with litigation finance, and across the board respondents practicing in the telecommunications and technology industries reported the most firsthand experience.

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