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Jan. 25, 2023

The upsides and risks of litigation funding may vary by jurisdiction

See more on The upsides and risks of litigation funding may vary by jurisdiction

Sarah S. Brooks

Partner
Venable LLP

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Johnathan L. Ko

Associate
Venable LLP

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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 st...

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