Equitable Litigation Funding

Large corporations have always had access to adequate litigation funding, paying for attorney fees and case-related expenses without trouble. 

But what about plaintiffs bringing cases forward? Does access to third-party funding level the playing field, create new ethical challenges, or both? What ethics should funders consider when getting involved in a case?

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Dispute Financing Library

The Dispute Financing Library is a neutral repository for documents and media related to third-party litigation funding. The Library contains statutes, case law, legislative history, agency documents, articles, news stories, videos, and more. Most of the documents are full-text searchable, and many are freely available to download.

The Library was unveiled at the 2019 Harvard Litigation Finance Symposium, and it has been covered in the Litigation Finance JournalAbove the Law, and the McDonald Hopkins Business Exchange Podcast.

Our Center also hosted a launch event, which you can check out here.

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Volume on Mandatory Disclosure Rules in Dispute Financing

One of the most significant controversies in the field of dispute financing is whether financing agreements should be required to be disclosed during disputes, and, if so, to whom and to what extent. This volume collects pieces by five different authors with different perspectives on the need for mandatory disclosure rules.

Events

Check out our events about litigation funding!

The Center on Civil Justice's 2024 Fall conference featured presentations on active legislation and was widely attended both in-person and on Zoom. The first panel consisted of a lively debate on the need for disclosure of commercial legal funding agreements and was featured in American Lawyer. The second panel discussed consumer legal funding. New York Assemblymember William Magnarelli presented his legislation on the subject, and experts on both sides of the debate discussed it. The final panel was a comparative discussion of European efforts to regulate the industry, featuring Kai Zenner, who helped draft the European Parliament resolution that opened the dialogue. 

See more here.

As in-person events are canceled, the need to keep the dispute financing industry up-to-date on developments has not disappeared.  The Center on Civil Justice, creators of the Dispute Financing Library, will host an online, virtual conference discussing how the industry is shifting, both in the lead-up to the spread of COVID-19 and during the era of shelter-in-place.

See more here.

The Center on Civil Justice launched its Dispute Financing Library, a free, neutral repository of documents relating to the third-party litigation funding industry. It is online at www.DisputeFinancingLibrary.org. To celebrate the Library's launch, the Center hosted a luncheon and conference on the present and future of the litigation funding industry, looking at the state of the market and potential ethical concerns, with a keynote by Richard Painter.

See more here.

Third-party litigation funding is gaining a foothold in the United States. A global phenomenon, litigation funding has taken secure root in the United Kingdom, Australia and Hong Kong. It is, however, relatively new in the United States, and for many here the practice is wrapped in mystery. As a result, the Center on Civil Justice at NYU Law examined the impact it may have on our justice system and what, if any, regulation might be necessary. The center does this as part of its mission to engage scholars, practitioners, judges, and others in examination of issues affecting the civil justice system. The objective is to consider how participants in the system can be more satisfactorily served, while preserving the values that have made it a pillar of our democracy.

See more here.