Professor Keith Sharfman recently published an article, “Third Party Litigation Funding is Procompetitive: An Antitrust Agenda to Ensure Litigant Access to Capital Markets,” in Concurrences Review, a leading international journal of antitrust law.

Here is an abstract of the article:

This article considers how U.S. and international antitrust regulators should respond to the rise of third-party litigation funding (“TPLF”) and the anti-TPLF legislation and judicial rulemaking that its rise has engendered. It is argued that antitrust regulators should recognize TPLF’s procompetitive nature in that it provides litigants with access to capital markets and thereby increases access to justice. Antitrust regulators should therefore support broad and confidential litigant access to TPLF at the policy and enforcement levels, both domestically and internationally, and take action against those who seek to restrict, diminish, or otherwise raise the cost of such access.