Litigation finance—when investors back pending legal cases in exchange for a cut of the proceeds—continues to gain traction here in the U.S. despite lingering concerns that the practice may violate historic prohibitions on third-party funding of lawsuits, as WSJ reported on Monday. How much traction, you ask? That’s hard to say. With a few prominent exceptions, such arrangements don’t typically come to light unless the parties end up squabbling in court, although funders and lawyers anecdotally report more cases coming their way. So it’s timely that on Wednesday Burford Capital LLC, one of the more established funders, released a survey on the practice.
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