Toward a Regulatory Framework for Third-Party Funding of Litigation

17 Pages Posted: 23 Jun 2013 Last revised: 9 Jul 2013

Keith N. Hylton

Boston University - School of Law

Date Written: July 9, 2013

Abstract

Because third-party funding and sales of legal rights are equivalent in terms of their economics, I examine arrangements in which third-party sales of legal rights are permitted today – waiver, subrogation, and settlement agreements. The existing arrangements provide valuable lessons for the appropriate regulatory approach to third-party financing of litigation.

Keywords: third-party funding, sales of legal rights, waiver, subrogation, settlement, economics of legal rights

JEL Classification: K00, K13, K39, K41, K49

Suggested Citation

Hylton, Keith N., Toward a Regulatory Framework for Third-Party Funding of Litigation (July 9, 2013). Boston Univ. School of Law, Law and Economics Research Paper No. 13-27. Available at SSRN: https://ssrn.com/abstract=2281453 or http://dx.doi.org/10.2139/ssrn.2281453

Keith N. Hylton (Contact Author)

Boston University - School of Law ( email )

765 Commonwealth Avenue
Boston, MA 02215
United States
617-353-8959 (Phone)
617-353-3077 (Fax)

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