Lake Whillans | Litigation Finance & Legal Investments

The Argument for Why Counsel Have an Ethical Duty to Inform Clients About Litigation Finance.

A General Counsel of a mid-cap company who had only just learned about litigation finance asks “Why haven’t my outside counsel told me about this?”

This article argues "They should have."

A General Counsel of a mid-cap company who had only just learned about litigation finance asks “Why haven’t my outside counsel told me about this?”

This article argues "They should have."

Litigation Funding Disclosure in Delaware: Emerging Standard?

Judge Connelly's rules include disclosing the identity, the financial benefit the funder stands to gain in the event of a successful outcome, and if the funder’s approval is required for litigation decisions or settlement.

Can a Prevailing Party in Arbitration Recover its Litigation Funding Costs?

When might an arbitral tribunal award a prevailing claimant the value of its litigation funding costs, in addition to damages and other legal costs?

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.

When “loser-pays” applies, should litigation funding costs be recovered so that the winner is truly made whole?

Another Effort to Amend Federal Rule 26 with a One-Size Fits All Litigation Finance Disclosure Requirement Does Not Persuade the Federal Rules Advisory Committee.

In early October 2021 — citing “challenges” in the rulemaking procedure — the Advisory Committee on Civil Rules for federal courts again declined to recommend a rule be adopted requiring the disclosure of third-party litigation financing (TPLF) agreements.

Levelling the Playing Field: The Rise of Litigation Funding in Canada.

Canadian lawyers Gavin Finlayson (Partner, Miller Thomson LLP) and Monica Faheim (Associate, Miller Thomson LLP) provide us with an overview and insight on the Canadian viewpoint and legal framework of litigation funding.

How to Choose a Litigation Funder.

In this article we first present some empirical evidence on considerations in funder selection and then offer our advice, gleaned from our long experience in the litigation finance market.

“State of the Rules” on Third-Party Funding in International Arbitration.

Guidance on disclosure obligations, privileges, and allocation of costs.

Litigation Finance and the ABA — A Mixed Bag of Best Practices (Part I).

In August 2020, the American Bar Association released its Best Practices for Third-Party Litigation Funding. We highlight some of the key issues the ABA raises and suggest how counsel might best interpret the document.

Litigation Finance and the ABA — A Mixed Bag of Best Practices (Part II).

Comparing the ABA’s recommendations and to current standards practiced by reputable funders.

Litigation Finance – Quickly Evolving Beyond “Traditional” Uses.

This article explores three growth areas in the current funding landscape: (1) deals involving funding for larger corporations, (2) law firm portfolio funding, and (3) acquisition of claims by litigation funders.

Litigation Finance Sounds Good — But What Role Will The Funder Play?

Who controls settlement? And what type of interaction should a claimholder expect to have with the funder on an ongoing basis? Although each transaction has unique elements, there are some standard answers to these questions.

Litigation Funding in Bankruptcy and Distressed Situations.

Litigation finance may be a creative and viable option for restructuring attorneys and advisors to consider throughout the bankruptcy process.

It’s Never Too Early or Too Late to Seek Litigation Finance.

Litigation funding is available at all stages of a litigation

Litigation Finance 2020: ‘Flavors’ Of Litigation Finance.

This article will review the basic features of a litigation finance investment and describe some of the different structures or “flavors” of litigation finance transaction.