Litigation Funding 2022 – your updated guide to the developing law and practice of funding in the US

The United States is a federal system, with overlapping federal and state jurisdictions, including 96 federal judicial districts and 50 individual US states, each with its own court system.

As such, attorneys and parties contemplating commercial litigation finance transactions in the US must pay particular attention to the many potential jurisdictions that may be implicated by a single particular transaction – including the governing law of the litigation finance agreement, the location of the parties, the venue of the particular litigation, and the jurisdiction in which a judgment may eventually be enforced. Further, because litigation finance remains relatively new, the law is still in development, so those considering a litigation funding transaction in one jurisdiction would be well advised to consider the applicability of precedents from other jurisdictions and to keep on top of the latest developments.

Download the updated 2022 chapter (authored by Liston Abramson LLP) covering New York State here.

Download the updated 2022 chapter (authored by Woodsford’s Robin Davis, Alex Lempiner, Dan Kesack and Deborah Mazer) covering other key US jurisdictions here.