Università Roma Tre

Third-party litigation funding refers to a broad range of practices, but at its core involves a stranger helping a plaintiff bring a claim before a tribunal. Third party funders range from hedge funds to civil rights groups. This course will examine the history, law, and policies behind third party investment in litigation. Students will learn about the common law and legislative limits on contracts between third parties and plaintiffs. In addition, the course will cover specific topics such as the evolving treatment by courts of privileged communications disclosed by parties to funders; the growing effort to require the disclosure of funding to adverse parties, especially in mass torts; and the impact of third-party investment in litigation on lawyers’ ethical obligations. Students will also hear from leading figures in legal finance about how they manage their investment portfolios and what they think will happen next in this field. Finally, in addition to taking a comparative look at third-party investment in litigation around the world, we will also look at third-party investment in law firms themselves and the current debate over whether legal finance companies should invest in the practice of law.