Check out my new
   aricle: [1]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.

References

   1. https://litigationfinancejournal.com/delawares-supreme-court-shifts-fees-to-losers/