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2016 was the year of the outlier. Undoubtedly, this was due to one of the most surprising presidential elections in history, but also because of the assortment of notable legal decisions relating to litigation funding. Many of these decisions had attorneys and commentators alike wondering whether courts were systematically tightening their grip on the litigation funding industry, with an ultimate eye towards deterrence or even eventual extinction. But when viewed more closely, the handful of seemingly detrimental cases that dominated the legal wires in 2016 represented nothing more than a series of outliers, the effects of which should have little to no effect on the historic growth and future sustainability of litigation funding.

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