Delaware’s Supreme Court Shifts Fees to Losers
The state of Delaware is home to some of the world’s largest corporate entities. New designs to litigation funding agreements are beginning to include provisions for the losing parties’ financial responsibility in covering some (if not all) of the case costs). Delaware’s Supreme Court has stopped short of billing losing parties for state costs associated with facilitating trial. All this, part of a new Supreme Court decision out of Delaware, in Shareholder Representative Services LLC (“SRS”) v. Shire US Holdings, Inc. (“Shire”).
Lake Whillans profiles the $20M case award, where a third of the award went to attorney case costs. The concept is broadly called “fee shifting” … Where in this instance the award could potentially total $20M+ to cover attorney representation.
Delaware is world renowned for innovating business structures, now helping pioneer litigation finance investment theory.
Check out Lake Whillans’ profile of the case here.