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Category: US

Growth in Size of MDLs Partly Driven by Third Party Litigation Funding, Says Prominent Defense Attorney

One of the major problems with litigation funding is the near-total lack of transparency around funding agreements, which may allow funders to structure agreements in a way that gives them more control of decisions related to the litigation. An effective solution to this problem, according to Sastre, would be the disclosure of the funding agreements themselves.

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N.J. Federal Courts Will Now Require Disclosure of Litigation Funding

There is a Chinese Proverb that says, “never do anything that you want to remain a secret.” Now, thanks to a new rule amendment adopted by the U.S. District Court for the District of New Jersey, this proverb also applies to litigation funders in federal court in the Garden State. New Jersey’s decision is a significant victory in the fight to bring transparency to a multibillion industry that operates in the shadows.

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Third Party Litigation Funding “from Taboo to Transparency”

A recent article by Yves Faguy in the Canadian Bar Association’s magazine highlights the need for transparency in the litigation funding industry. The article shows the growth of the industry and the increasing prominence of litigation funding on a global stage citing the use of funding in major cases in the UK, Germany, and US.

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A European Crossroads for Collective Actions

By Lisa A. Rickard, President, U.S. Chamber Institute for Legal Reform
A new study by the U.S. Chamber Institute for Legal Reform (ILR) has found that collective actions—a legal mechanism that pools claimants to litigate for injunctive relief and/or compensation—are a growing business in Europe. ILR’s study, which analyzes collective redress developments in ten EU Member States, shows that claimants are using a surprising number of recently introduced collective redress systems, with the value and volume of claims being filed on the rise.

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