Delaware’s Supreme Court Shifts Fees to Losers

[Gunnar Larson]

Check out my new aricle:
https://litigationfinancejournal.com/delawares-supreme-court-shifts-fees-to-losers/

*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.
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