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The market for commercial litigation funding has exploded in the United States. Following years of successful funding relationships among law firms, litigants and claimants in more mature funding markets overseas, the U.S. legal market has seen professional litigation funders either import their methods, measures and access to capital to a budding market or otherwise create successful litigation funding shops based here in the United States. Proponents of litigation funding are legion; they laud the investment of capital in the legal market, the increased access to justice and the resolution of disputes based on the merits of the case instead of the relative resources of the parties. All manner of “persons”—individuals, start-ups, charities, law firms and large corporations, among others—have turned to funding to benefit from a leveled playing field, a leveraged law department or the risk-shifting that results from a non-recourse funding investment.

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