Litigation Finance Insights

Latest from Litigation Finance Insights

Join Validity Investment Manager Nicole Silver and Gaela Gehring Flores, Esq. as they sip tea with Megan Easley and Andrew Mutter and discuss and learn about protecting against potential loss in arbitration.
Listen and subscribe to The Tea on International Arbitration at https://anchor.fm/DCBarTea or wherever you access your podcasts.The post New Podcast Episode: Talking Tea

Validity Portfolio Counsel Michelle Eber was recently quoted in an article on Bloomberg Law discussing recent scrutiny in funding for patent litigation cases. Delaware Chief Judge Colm Connolly has issued a standing order requiring funding arrangements be disclosed.
Michelle, an experienced patent litigator who joined Validity Finance in January 2022, states “This is really the

Traditional lenders have been willing to treat consistently generated fee revenue as an income stream against which to lend. But it is only more recentlythat the individual litigations themselves have begun to be treated as assets that can be monetized. This process, litigation finance, is by now familiar, below I discuss the next step for

Meg Kinnear, ICSID Secretary-General, Spills the Tea
Gaela Gehring Flores and Nicole Silver share Tea with Meg Kinnear, Vice President of the World Bank Group and Secretary-General of the International Centre for Settlement of Investment Disputes (ICSID). We hear a bit about Meg’s origin story, look back on 13 years at ICSID, and get a

Originally published with Bloomberg Law.
Courts generally deny discovery into a claimant’s communications with litigation funders, relying primarily on the arguments that such discovery is not relevant to the case, and that the communications with funders are protected by the work product doctrine. These are powerful arguments, but so too is a third argument that

Originally published with Bloomberg Law.
There is something curious about the emerging caselaw on whether defendants are entitled to discovery into a plaintiff’s communications with litigation funders. 
The overwhelming majority of cases deny discovery on one of two grounds: they hold either that the requested discovery is irrelevant to the case, or that communications with