Shining a Light on “Opaque Capital”

Nora Freeman Engstrom of Stanford Law School reviews an article by Samir Parikh of Lewis & Clark Law School on mass tort financing, differentiating between the funding of lawyers and the funding of litigants themselves — which she sees as critical from an ethical perspective — and highlighting issues pertinent to the third-party funding industry, including the recent increase in origination of claims by funders, who are working with lead generators and claim aggregators.