Tag Archives: fiduciary duty

Funders as Fiduciaries

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As discussed, we believe that parties should consider a contractual fiduciary duty to address some of the conflicts of interests inherent in litigation funding. Funders who have commented to date disagree. One objection is that imposing such a duty would … Continue reading

Funders as Lawyers

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As Victoria Shannon notes, one of the options we propose parties consider in order to solve some of the conflicts of interest among the plaintiff, litigation counsel and the funder is to make the funder a fiduciary of the client … Continue reading

Introducing Conflicts of Interest

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Although we are not done rolling out the funding provisions, we want to start broadening the conversation to include other major topics. A significant one is the conflicts of interest that the funder-plaintiff-litigation counsel relationship involves. We discuss these issues … Continue reading

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