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Structuring Litigation Funding Agreements

Litigation funding, has become a sophisticated big business. These funders expect substantial return for funding litigation costs up front and taking on the risk of low or no recovery. But how should such agreements be structured?

11 minute read January 01, 2026 at 12:07 AM
By
Andrew C. Kassner and Joseph N. Argentina Jr.
Structuring Litigation Funding Agreements

Over the past 10 years, the cost of complex litigation has exploded, and companies increasingly look to third parties to fund and assume some of the risk of success of litigation.

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