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- Title
HARMONIZING THIRD-PARTY LITIGATION FUNDING REGULATION.
- Authors
Shannon, Victoria A.
- Abstract
Third-party litigation funding is no longer a new phenomenon, but rather is a mainstay in global commerce and dispute resolution. Yet many observers still consider the third-party litigation funding industry as a "wild west" due to a lack of regulation in many countries. Some of the countries that have regulations suffer from a lack of uniformity and an array of conflicting laws at the sub-national level (i.e., the laws of states, provinces, territories, etc.). For example, the United States has a confusing patchwork of state laws on third-party litigation funding. This Article proposes harmonizing the regulatory framework for third-party litigation funding in the United States by identifying the three categories of interactions--transactional, procedural, and ethical--that make up third-party litigation funding, and suggesting avenues for regulation within those three categories. This approach will weave a regulatory "safety net" of minimum standards for the behaviors and interactions of the players in third-party litigation funding arrangements to ensure the integrity of the dispute resolution system in which they invest and participate.
- Subjects
UNITED States; THIRD party litigation funding; THIRD parties (Law); STATE laws; LEGAL costs; DISPUTE resolution
- Publication
Cardozo Law Review, 2015, Vol 36, Issue 3, p861
- ISSN
0270-5192
- Publication type
Article