Certum Group

A recent ruling of federal court in Delaware continues the trend of courts to limit discovery in funding arrangements. The judge outlined three points in his ruling that (1.) pre-suit diligence into a claim is protected; (2.) even if it were not protected, such documents are not relevant to the facts and circumstances of the litigation; and (3.) any contrary position would significantly impede the policy underlying the work-product doctrine, which aims to create open and collaborative discussion amongst legal professionals in pursuing or defending claims. W. Tyler Perry goes through the case and ruling in this blog post here. Check it out: https://hubs.ly/Q02ZmpWQ0 #litigationfinance #legaldocumentation #fundingarrangement

Following the first ruling by a U.S. circuit judge on the issue of litigation funding and discoverability, CDR asks are funding documents discoverable? In this article from CDR, Certum’s W. Tyler Perry was interviewed about how much third-party funders should have to reveal to the other side. Typically courts have used three points for making disclosure rulings: the work-product doctrine, attorney-client privilege, and relevance. Tyler breaks down the ruling and the complex nuances here. https://hubs.ly/Q02YdSTH0 #LitigationFunding #LegalInsights #ThirdPartyFunding

“Do you have a lawyer who’s not only talented and strong, but who thinks like a contingency fee lawyer?” L Kirstine Rogers asked during the recent Advanced Patent Law Institute. She continued, “are you thinking about this like we've all got skin in the game?” Her panel on patent litigation funding was covered in Law360 and quoted Kirstine about the process, collectibility, disclosures and more. Check out the full article here. https://hubs.ly/Q02XXGw20 #PatentLaw #ContingencyFee #LitigationFunding

How do you advise clients to stay the course when the merits of their case are strong but the path to victory is long and costly? Enter contingent risk insurance. Check out this article that Certum’s Dean Gresham and L Kirstine Rogers wrote for the Dallas Bar Association’s Headnotes where they shared best practices when it comes to using contingent risk insurance. Spend some time familiarizing yourself with these policies to better help your clients. https://hubs.ly/Q02XLwjB0 #LegalAdvice #ContingentRiskInsurance #InsuranceStrategies

Every attorney will tell you that they key to a successful trial is preparation. However, the real key to success often rests with selecting the right jury. How do you best prepare for voir dire? In this episode of the Alternative Litigation Strategies podcast, host Kevin Skrzysowski sits down with Doctors Jaine Fraser and Bo Fraser, PhD, founders of the Trial Psychology Institute who have helped many of the country’s best litigators win their most challenging cases. They discuss leveraging trial psychology at the most critical stages of the client engagement and trial process. Listen now: https://hubs.ly/Q02WQdYP0 #TrialPreparation #VoirDire #TrialPsychology

Check out the results of Certum’s 2023 Litigation Risk Survey to learn how companies and in-house legal departments assess and manage litigation risk. We asked GCs and other in-house leaders about their litigation activities, legal spend, tolerance for litigation risk, and the use of the potential solutions available to help transfer the outcome risk of litigation. Dig into the findings here: https://hubs.ly/Q02V_04W0 #litigation #litigationrisk #legalsolutions

Which funding documents are discoverable in litigation? And why or why not? A recent decision from the District of Delaware weighs in. The opinion — one of the first by a federal appeals court judge to address discoverability of litigation funding — follows the majority approach among courts. In this recent blog post from W. Tyler Perry, he walks through the court’s ruling and the three main takeaways about discovery in funding arrangements: https://hubs.ly/Q02Vtp9w0 #litigationfinance #legaldocumentation #fundingarrangement

We’re looking forward to the 29th Annual Advanced Patent Law Institute in Austin. Certum’s L Kirstine Rogers will panel a discussion on the latest developments in funding strategies, uptick of cross-collateralization of patent portfolios, how courts have addressed disclosure and privilege issues and more. Hope to see you there! https://hubs.ly/Q02TRw7V0 #patentlaw #fundingstrategies #texaslaw UT Law CLE

There are a lot of benefits to leveraging Litigation Funding + Insurance. When you package the two together, law firms or claimholders can secure financing at the most-efficient cost of capital because the insurance turns the funding from non-recourse to recourse. Check out what else we have to say about litigation insurance here: https://hubs.ly/Q02TFSzz0 #litigationfunding #legalinsurance #legalsolutions

A recent Delaware federal court decision has firmly rejected broad discovery of litigation funding documents, reinforcing a nationwide trend. This ruling is especially significant because it is one of the first by a federal appeals court judge (sitting by designation in the District of Delaware). W. Tyler Perry's blog post breaks down the decision's three key takeaways, highlighting how it bolsters protection for funding arrangement confidentiality. This ruling aligns with the growing consensus limiting discoverability of litigation finance details. Learn more here: https://hubs.ly/Q02SZKn80 #litigationfinance #legaldocumentation #fundingarrangement