News & Analysis as of

Litigation Funding Class Action Litigation Fees & Costs

BCLP

The winding road ahead: navigating representative proceedings in the High Court

BCLP on

With the rise of litigation funding of group actions, there has been an increasing use of representative actions by Claimants in recent years. In turn, Defendants are challenging this and the Courts are scrutinising cases in...more

Akin Gump Strauss Hauer & Feld LLP

Despite Its Allure, Litigation Funding Is Just ‘The Cost of Doing Business’ for Class Counsel

A federal district court rejected a novel request from class counsel for reimbursement of counsel’s litigation funding expenses. According to the court in Perez v. Rash Curtis & Assoc., No. 16-03396 (N.D. Cal. October 1,...more

Jones Day

'Put the Brakes on Class Actions': Australian Parliamentary Joint Committee Report

Jones Day on

The Situation: Australia has become a hot spot for class actions fueled in large part by litigation funders, who have operated for many years in a largely unregulated market and have derived spectacular returns from their...more

Proskauer - Minding Your Business

Is Increased Transparency into Litigation Financing on the Horizon?

The market for litigation finance shows no signs of slowing down, but pressure from rulemaking bodies and the judiciary may reshape whether and to what extent funding arrangements must be publicly disclosed. The use of...more

Faegre Drinker Biddle & Reath LLP

Third Circuit Tackles Third-Party Funding Issues in In Re: National Football League Players’ Concussion Injury Litigation

Third-party litigation funding has received increased scrutiny over the past several years, particularly in the context of mass torts, class actions, and multidistrict litigation. Most of this scrutiny has focused on...more

Mintz - Arbitration, Mediation, ADR...

Are Third-Party Funding Costs Recoverable in Arbitration?

Third-party litigation and arbitration funding is increasingly being utilized in the United States. Are the corresponding financing costs recoverable in arbitrations? According to the N.Y. Times, dispute resolution funding...more

Bradley Arant Boult Cummings LLP

Pulling Back the Curtain: Moving Toward Disclosure of Third-Party Funding in Litigation - Who's Who Legal

Civil litigation, once a realm confined to rules-based conflict resolution between adverse parties, has become profitable commerce in the US. Where commerce thrives, investors looking for healthy returns follow. Unlike other...more

Jones Day

Australian Court Refuses to Stay Overlapping Class Actions

Jones Day on

The Background: The defendant was faced with two "open" class actions (i.e. including all putative group members) in relation to the same allegations. The Issue: The defendant sought a court order permanently staying...more

Bennett Jones LLP

Ontario Court Refuses to Approve New Litigation Funding Model for Class Actions

Bennett Jones LLP on

The Ontario Superior Court of Justice has added to its growing collection of cases that increase court scrutiny over litigation funding and contingency fee arrangements. In Houle v St Jude Medical Inc, 2017 ONSC 5129 [Houle]...more

Carlton Fields

Transparency Watch: Federal District Court Mandates Automatic Disclosure of Third-Party Funding Arrangements for Class Actions

Carlton Fields on

In January, the U.S. District Court for the Northern District of California announced a change that makes litigants in putative class action suits subject to requirements mandating automatic disclosure of third-party funding...more

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