On January 25, 2023, Sarah Brooks and Jonathan Ko published “The Upsides and Risks of Litigation Funding May Vary by Jurisdiction” in Daily Journal. The following is an excerpt:
In recent years, third-party litigation funding (“funders”) has increased in popularity, particularly in patent litigation as investors recognize the value of funding patent suits. Agreements with funders are discoverable in some jurisdictions, while undiscoverable in others. Some districts also specifically order disclosure of third-party funders. Recently, Chief Judge Colm F. Connolly of the District of Delaware (“D.Del.”) issued a standing order requiring disclosures of the existence of and identity of any third-party funders, a description of their financial stake in the case, and the extent to which they control litigation and settlement decisions.