Paying The Premium (Part II)

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Finally, A Win

Gaston Kroub of Kroub, Silbersher & Kolmykov PLLC shares several lessons that can be learned from a rare reported win for a litigation funder financing a patent dispute.

Insights

Rowing Toward An Injunction?

Gaston Kroub of Kroub, Silbersher & Kolmykov PLLC predicts that, to the extent litigation funders get involved in funding competitor IP cases, funding preliminary injunction motions is something that will be met with serious consideration, as it allows funders to put more capital to work in the case earlier on and also allows for an early test of the merits of the claim, whereby the funder might decide to parachute out of the investment early if things don’t go well.

Insights

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.

Before You Go

Never miss a thing in the litigation finance market.