What Litigation Funding Disclosure In Delaware May Look Like

By Cayse Llorens and Matthew Oxman (June 10, 2022, 5:34 PM EDT) — U.S. District Court for the District of Delaware Chief Judge Colm Connolly captured the attention of the litigation finance community this spring when he issued a standing order declaring that any litigant receiving nonrecourse funding from a third party must disclose that fact, provided the case is heard in Judge Connolly’s courtroom.[1]

At first blush, the April 18 order was unwelcome news for the litigation funding industry and parties that face a resource disadvantage in court.

Like most of our industry peers, we believe the burdens of disclosure generally outweigh the benefits. To see mandatory disclosure take root in Delaware — the…

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