What A Litigation Funder Learned From A Litigation Funding Conference

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2022 LITIGATION FINANCE SURVEY REPORT

Lake Whillans shares the highlights from its annual survey of in-house counsel and law firm attorneys, noting that a majority (62%) of the lawyers surveyed have firsthand experience working with a litigation finance firm, up over 20% from four years ago in 2022 Litigation Finance Survey Report.

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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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