Delaware Changing the Real-Party Disclosure Rules and its Impact on Litigation
Chief Judge Colm Connolly in Delaware recently issued a standing order requiring a party to disclose certain third-party litigation funding arrangements. This disclosure requirement is broader than that required by the Federal Rules and most local court rules because it requires a party to disclose an entity that has only a contractual relationship to a party. Further, the standing order permits certain discovery of a third-party funder. Litigants are being scrutinized by the Court for failure to comply with this Order. The impact on litigation can be extensive. The order raises concerns that the interest of the funded party are not being protected and the potential for conflicts of interest. Moreover, the disclosure can open the door to claims being brought against the third-party.
Click here to read Associate & Panelist Aakash Patel's Law360 Expert Analysis article exploring this topic further.
DATE & TIME
April 20, 2023 | 1:45 – 2:45 p.m., Session IV
Michael J. Bonella, Shareholder, Intellectual Property Department, Flaster Greenberg PC
Aakash Patel, Associate Attorney, Intellectual Property Department, Flaster Greenberg PC
Seth Kramer, Assistant Deputy General Counsel, Comcast Cable Communications, LLC
Melissa Gibson, Senior Counsel, Intellectual Property & Litigation, Amgen
Pennsylvania Convention Center
1101 Arch Street
Philadelphia, PA 19107