This course examines the growing field of third-party litigation financing (TPLF) in the United States, exploring its strategic benefits, corporate risks, and associated ethical challenges. It analyzes key contractual, regulatory, and professional responsibility issues arising when external financiers fund litigation for commercial entities, individuals, or law firms. Participants will assess how funding structures impact litigation strategy, attorney-client dynamics, and disclosure obligations, and will develop practical frameworks for navigating disputes involving funders.
Course Objectives:
By the end of the course, participants will be able to:
1. Understand the mechanics of litigation financing structures in civil and commercial disputes.
2. Evaluate how third-party funding affects litigation strategy, discovery, and settlement dynamics.
3. Identify key ethical and legal risks, including confidentiality breaches, conflicts of interest, and control over litigation.
4. Navigate disclosure obligations and the regulatory environment surrounding litigation finance.
5. Draft and review litigation funding agreements with attention to enforceability and professional conduct rules.
