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August 29, 2017

TPLF Changing “Tipping Point” Between Settling or Litigating

In a Law360 op-ed, David Silver of Silver Public Relations, says that third party litigation funding (TPLF) has “added a distinct variable to the world of civil litigation” that will “continue to change the calculus” for defendants weighing the option of settling or litigating.

Silver says that as long as plaintiffs’ attorneys can “fund their fees and expenses throughout their entire litigation portfolio with someone else’s money,” they will begin to bring new cases and theories that they may not have brought before. Citing ILR President Lisa Rickard’s January op-ed in The Recorder, Silver says that TPLF firms can fund questionable claims by spreading their investment risk over a large portfolio of cases. He points to the rise of Australian securities class actions as an example of skyrocketing litigation as a result of TPLF.

Silver concedes there “are no easy answers or silver bullets that will solve this problem.” He says defense counsel must find the point at which pursuing defense is outweighed by seeking a settlement.

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