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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2023 IP Futures Bets

Gaston Kroub of Kroub, Silbersher & Kolmykov queries whether we will see any publicly announced settlements in 2023 between a sophisticated litigation funder and a sophisticated IP defendant, where they are able to reach agreement on how to value litigation peace between their two entities.

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