fbpx
News
August 28, 2017

Defense Counsel Leader Says TPLF Disclosure Can Reduce Costs

Mark Behrens, co-chairman of Shook, Hardy & Bacon’s public policy group and chairman of the International Association of Defense Counsel’s civil justice response committee, told National Law Journal that third party litigation funding (TPLF) “can raise ethical problems” and lead to inflated litigation costs.

Behrens said TPLF emboldens plaintiffs to file requests for discovery that go beyond what is proportional to the case. Though defendants are able to ask the court to shift these costs to the plaintiff, TPLF makes these requests easier to absorb- encouraging longer, costlier litigation. Behrens said funding disclosure could help alleviate this problem, as defendants “may have more opportunity to convince courts that it’s appropriate for the plaintiff to pay what they’re asking for.”

The International Association of Defense Counsel in June was one of roughly 30 groups, led by the U.S. Chamber Institute for Legal Reform, that petitioned the Federal Rules of Civil Procedure to require outside funding in all cases.

Delaware General Assembly Blog Delaware Wants to Take a Closer Look at the TPLF Industry   Third Party Litigation Funding (TPLF) Blog European Parliament Legal Affairs Committee Adopts TPLF Legislative Initiative Report International Initiatives, Third Party Litigation Funding (TPLF) Welcome to Delaware Sign Blog Another Federal Court Now Requires Disclosure of Third Party Litigation Funding Third Party Litigation Funding (TPLF) litigation funders, beach scene Blog Sun, Sea, but no Sand(box) for Florida Lawsuit Investors Lawsuit Lending, Third Party Litigation Funding (TPLF) Blog Third Party Litigation Funding: Buying Trouble Across the Globe International Initiatives, Third Party Litigation Funding (TPLF)

Cookie Notice

By clicking “I Accept”, you agree to the storing of cookies on your device to enhance site navigation, analyze site usage, and assist in our marketing efforts.

Cookie Notice

By clicking “I Accept”, you agree to the storing of cookies on your device to enhance site navigation, analyze site usage, and assist in our marketing efforts. Review Settings