The draft model contract includes a fiduciary duty provision we recommend access-to-justice plaintiffs bargain for. The fiduciary duty supplements the conflict of interest disclosures the contract requires. However corporate finance plaintiffs do not need such protection, and may not be … Continue reading
Earlier this week, professors Sebok and Wendel posted a thought provoking post on contract and tort good faith norms in litigation funding. (The post is part of a more comprehensive analysis forthcoming in Anthony J. Sebok & W. Bradley Wendel, … Continue reading
This post continues our series contrasting the terms of the contract financing the Canadian shareholder class action in Dugal with the draft model. This one looks at the terms relating to conflicts of interest and buyer’s remorse. Our draft model contract requires disclosure … Continue reading
We begin this blog post with a few suggestions on nomenclature. For purposes of this post, we introduce the use of the terms “triad” and “dyad” to discuss and differentiate the possible combinations and permutations of conflicts inherent in any … Continue reading
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
Ultimately, I agree with your conclusion that the parties to a litigation funding agreement must contractually negotiate the scope of their respective duties. I believe, however, that for several reasons those duties should be contractual and tailored to the specific … Continue reading
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
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
Is Third Party Funding of commercial claims ready to have across the board general fiduciary duties imposed on it as a basic contract standard or as a matter of law? The best answer is not now, maybe later. The industry … Continue reading
