Litigation Financing Details Remain Elusive

Partner Ferdie Franklin provides analysis for the Daily Journal in an article titled “Litigation financing details remain elusive.” The article published on September 15, 2016, discusses the financing of litigation beyond contingency arrangements.

Franklin explained that there may be more disclosure about litigation financing forthcoming, especially in class actions, based on a recent decision by a federal judge in the Northern District of California, Susan Ilston, in the case of Ogola v. Chevron Corp. (3:14-CV-00173).

“Proponents of litigation financing argue it eases the financial burden of carrying a large case, or a number of smaller cases, enabling plaintiffs to bring meritorious claims that are expensive to pursue,” explained Franklin. “Opponents argue that such arrangements promote additional litigation, create conflicts (or at least the potential for conflicts) between the funding company, the lawyers and the clients and run the risk of allowing non-lawyers to control litigation.”

Go to Daily Journal to read the full article. (Subscription required).