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Over the past five years, litigation funding capital costs have decreased significantly due to new entrants in the litigation finance market.
While some perceive litigation insurance to compete with litigation funding, recently, the two are being used hand in hand to mitigate risk. Indeed, some funders are explicitly tying insurance to their funding proposition to help with the deal.
When it comes to litigation funding, speed is of the essence, and most often, the firm that is first to provide terms is the one that wins the deal.
For litigation insurance policies that remove all downside risk, a new trend is for the insurer to offer less upfront premium in exchange for a piece of the upside.
For the foreseeable future, the new mass tort target will be big tech.