How Litigation Funding Is Bringing Champerty Back To Life

By John Beisner and Jordan Schwartz, Skadden Arps Slate Meagher & Flom LLP (January 20, 2017, 12:05 PM EST) -- John H. Beisner

Jordan M. Schwartz Most law school students have probably never heard the term champerty. It's more likely to be found in the writings of Charles Dickens than a modern textbook. For those unfamiliar with the term, champerty is the doctrine that prohibits someone from funding litigation in which he or she is not a party. It is intended to prevent courts from becoming trading floors where people buy and sell lawsuits based on their perceived merit. In more recent years, champerty was becoming a moribund concept, but the recent rise of third-party litigation funding is bringing this doctrine...

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