Commercial

News and analysis dedicated to the commercial litigation funding sector including regulatory issues, case developments, funding activities, and more.

Commercial

2751 Articles

Attorney Lynwood Evans Appointed to Leadership Role in Camp Lejeune Water Contamination Litigation

By John Freund |

Ward and Smith is pleased to announce that litigation attorney Lynwood Evans has been appointed to the Plaintiffs’ Executive Committee in the litigation over contaminated water at Camp Lejeune. This appointment is particularly significant as we are quickly approaching the first anniversary of the Camp Lejeune Justice Act.

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Funders Respond to the UK Supreme Court Judgement 

By John Freund |

Earlier this week, the UK Supreme Court handed down a long-awaited judgement that many believe will have a significant impact on the short-term future of the UK litigation funding market. The ruling in the case of R (on the application of PACCAR Inc and others) (Appellants) v Competition Appeal Tribunal and others (Respondents) held that litigation funding agreements (LFAs), where the funder’s remuneration is based on a percentage of the recovered damages, should be classified as damages-based agreements (DBAs).

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Lawyer Directed Litigation Funding Agreements And Professional Conduct Rule 5.4

By John Freund |

The following article was contributed by John Hanley, Partner at Rimon Law, and Ryan Schultz, Vice President of Business Development for Woodsford Litigation Funding.

Third-party litigation funding (“TPLF”) involves financing of expenses incurred in a lawsuit (for example, expert fees and usually some portion of legal fees incurred) in exchange for a share of the final judgment or settlement. The funding is typically non-recourse (i.e., the amounts funded need not be repaid if the lawsuit is unsuccessful) and is often repaid through a financial interest in the attorneys’ fees realized by the law firm if the case is successful. These arrangements have become common in the marketplace: in 2022, $3.2 billion in capital was committed for new TPLF; 61% of that capital was deployed to law firms as opposed to clients and claimants; and 28% of the funding recipients were members of the Am Law 200.1

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