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Litigation and Business: Transatlantic trends

This report examines current and future litigation risks.

03 Nov 2008

Evidence suggests that large-scale liability risks are on the increase and emerging from a wider range of sources.
This report examines three important and fast moving developments in global litigation that could have an impact on businesses:

• Third party litigation funding
• Class actions
• Forum shopping

Third party funding is likely to grow in the future and more easily available funding may encourage claims that would have otherwise been considered too expensive, or too risky to pursue.

The controversy surrounding class actions is a classic trade-off between the need to ensure access to justice and the need to protect defendants from unfair legal action. Class actions also have non-financial costs, especially in terms of reputational damage.