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. Read more.

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3 Questions For A Litigator Turned Litigation Risk Insurance Broker (Part II)

Stephen Kyriacou Jr. of Aon shares with Gaston Kroub of Kroub, Silbersher & Kolmykov PLLC that the litigation risk insurance market has exploded with activity in the last two years and notes that insurers are now starting to come around to the prospect of insuring not only the principal invested by litigation funders and other investors in litigation-related assets, but a portion of those investors’ anticipated upside, too.

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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.

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