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Disclosure Requirements › Discovery › Litigation Funding

Marshall Dennehey

Georgia Permits the Discovery of Litigation Funding – Will Other States Soon Follow?

Marshall Dennehey on

On April 21, 2025, Georgia became one of the first states to enact a statute to permit the discovery of litigation funding, paving the way, perhaps, for a number of other states to soon follow....more

Venable LLP

To Be or Not to Be...Discoverable: Third-Party Litigation Funders

Venable LLP on

Should California courts permit litigants to conduct discovery into litigation funding, namely whether a third party is funding their adversary’s litigation efforts?...more

Morris James LLP

Court of Chancery Finds Class Counsel’s Litigation Funding Agreement is Discoverable

Morris James LLP on

Burkhart v. Genworth Fin., Inc., C.A. No. 2018-0691-NAC (Del. Ch. Aug. 21, 2024). The rise in litigation funding brings a predictable follow-on question: Are litigation funding agreements protected as work product, or...more

Fox Rothschild LLP

Who Is Paying? NJ Federal Court Orders Disclosure Of Third-Party Litigation Financing

Fox Rothschild LLP on

The United States District Court for the District of New Jersey recently amended Rule 7.1.1 of the Local Civil Rules to require parties that use third-party litigation financing to file a disclosure statement (the Amended...more

Butler Snow LLP

Turn that Frown Upside Down: Litigation Funding Agreements Provide Opportunities in Defending Personal Injury Actions

Butler Snow LLP on

Litigation funding involves a third-party, which is not a party to the lawsuit, advancing funds on behalf of the injured plaintiff in return for a portion of any financial recovery. Although litigation funding can take many...more

Mintz - Intellectual Property Viewpoints

No Fishing Allowed: Discovery of Litigation Funding Requires Articulation of Relevance Beyond Speculation

Mintz - Intellectual Property Viewpoints on

A recent Memorandum Order from the District of Delaware edified the protections courts tend to give discovery concerning litigation funding. Because Defendant AT&T failed to carry its burden of demonstrating the specific...more

Gray Reed

Ethical Issues Arising in Litigation Funding

Gray Reed on

This is the third installment in a series on litigation funding. The first article provided an overview of litigation funding. Last month’s installment focused on the legality of litigation funding. ...more

Skadden, Arps, Slate, Meagher & Flom LLP

"Third-Party Litigation Financing: Mandatory Disclosure on the Horizon?"

Skadden, Arps, Slate, Meagher & Flom LLP on

The use of third-party litigation financing — generally defined as the funding of litigation activities by entities other than the parties themselves, their insurers or their counsel — continues to increase in the United...more

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