What Delaware Litigation Funding Disclosure May Look Like

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By Cayse Llorens and Matthew Oxman (June 10, 2022, 5:34 p.m. EDT) – U.S. District Court Chief Judge for the District of Delaware, Colm Connolly, came to the attention of the litigation funding community this spring when he issued a permanent order stating that any litigant receiving non-recourse funding from a third party must disclose that fact, provided the case is heard in Judge Connolly’s courtroom.[1]

On the face of it, the April 18 order was bad news for the litigation funding industry and parties who face a resource disadvantage in court.

Like most of our industry peers, we believe the burdens of disclosure generally outweigh the benefits. To see mandatory disclosure take root in Delaware – the…

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