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The Weaponized Lawsuit Against The Media: Litigation Funding As A New Threat To Journalism, Lili Levi Jan 2017

The Weaponized Lawsuit Against The Media: Litigation Funding As A New Threat To Journalism, Lili Levi

Articles

This Article identifies a new front in the current war against the media one in which billionaire private actors clandestinely fund other people's lawsuits in an attempt to censor press entities. The use of strategic litigation to shutter media outlets constitutes a major threat to the expressive order. And the current climate of press failures, institutional disaggregation, decreasing accountability journalism, and declining public trust-the very vulnerability of the press today-significantly amplifies the chilling impact of strategic third party funding. It does so whether the strategy is death-by-a-thousand litigations or titanic, bankruptcy-inducing damage verdicts.

Still, contrary to the assertions of ...


The Class Action As Trust, Sergio J. Campos Jan 2016

The Class Action As Trust, Sergio J. Campos

Articles

No abstract provided.


Class Actions And Justiciability, Sergio J. Campos Jan 2014

Class Actions And Justiciability, Sergio J. Campos

Articles

A lingering issue in class action law concerns the case or controversy requirement of Article III, otherwise known as the requirement of justiciability. For purposes of justiciability doctrines such as standing, mootness, and ripeness, is the class action brought by all class members, some class members, or just the class representative?

This Article argues that the answer should be none of the above-it should be the class attorney. This Article first shows that the function of the class action is to assign dispositive control of, and a partial beneficial interest in, the class members' claims to the class attorney. Put ...


Compliance And Claim Funding: Testing The Borders Of Lawyers' Monopoly And The Unauthorized Practice Of Law, Michele M. Destefano Jan 2014

Compliance And Claim Funding: Testing The Borders Of Lawyers' Monopoly And The Unauthorized Practice Of Law, Michele M. Destefano

Articles

No abstract provided.


Claim Funders And Commercial Claim Holders: A Common Interest Or A Common Problem?, Michele M. Destefano Jan 2014

Claim Funders And Commercial Claim Holders: A Common Interest Or A Common Problem?, Michele M. Destefano

Articles

Commercial claim funding, where funders invest in business disputes in exchange for a percentage of any eventual settlement or judgment, is a growing industry in the United States. Funders may request confidential information about the claim and litigation strategy both before deciding to invest (to analyze the strength of the claim) and during the course of the financial relationship (to manage the investment). Further, these funders may work and communicate with claim holders and lawyers about the claim. However, there has been little caselaw and little in-depth analysis on whether--and in what circumstances-the attorney--client privilege and work-product doctrine can be ...


Class Actions All The Way Down, Sergio J. Campos Jan 2013

Class Actions All The Way Down, Sergio J. Campos

Articles

No abstract provided.


Taking The Business Out Of Work Product, Michele M. Destefano Beardslee Jan 2011

Taking The Business Out Of Work Product, Michele M. Destefano Beardslee

Articles

Over the past fifteen years, a common set of questions has surfaced in different areas of scholarship about the breadth of the corporate attorney's role: Should the corporate attorney provide business advice when providing legal advice? Should the corporate attorney provide counsel related to other disciplines such as public relations, social responsibility, morals, accounting, and/or investment banking? Should the corporate attorney prevent corporate wrongdoing? Questions like these resound in the scholarship addressing the risks and benefits of multi-disciplinary partnerships, gatekeeping, moral counseling, ancillary services, and the application of the attorney-client privilege. When looked at in combination, these segregated ...


Debate: The Future Of Mass Torts, Sergio J. Campos, Howard M. Erichson Jan 2011

Debate: The Future Of Mass Torts, Sergio J. Campos, Howard M. Erichson

Articles

No abstract provided.