Randy Kahnke Discusses Litigation Funding with Law360

Litigation partner Randy Kahnke discussed litigation funding with Law360 in “How To Tell If A Litigation Funder Is Helping Your IP Opponent.” Law360 reported that the use of third-party litigation financing has been on the rise in courts across the U.S. and is particularly prevalent in intellectual property cases, especially patent and trade secret matters that are costly to litigate.

Kahnke said attorneys can find out if there's litigation funding through discovery, if litigation funding is germane to a matter, such as in a request for attorney fees. He also said, while most courts don't require disclosing third-party litigation funding, that doesn't mean attorneys can't just try asking opposing counsel.

"Lawyers can communicate with one another," Kahnke said. "And I don't mean deceptively — I mean in a real and productive way for our clients."

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