Third-Party Litigation Funding in the U.S., UK and EU: What Companies Facing Funded Claims Need to Know
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Third-party litigation funding (“TPLF”) is increasingly commonplace in complex cases. Heavily funded cases expose businesses to heightened risk and more expansive, protracted litigation, all while stirring up myriad legal and ethical minefields. 2026 is shaping up to be a pivotal year for TPLF, with landmark legislative proposals, judicial decisions, and regulatory developments across the U.S., UK, and EU. Companies are well advised to stay alert as its use (and the attendant risks) continues to evolve. In this Working Paper, the authors summarize the current TPLF landscape in these three jurisdictions, highlight five notable developments in each, and advise five key takeaways for companies facing funded claims.
Authors
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Britt Miller is a Partner with Mayer Brown LLP practicing in the firm’s Chicago, IL office. She is a member of the Management Committee and co-leader of the Antitrust & Competition group. She advises clients on high-stakes antitrust litigation and complex commercial litigation, representing domestic and international corporations in price-fixing, market allocation, monopolization, and conspiracy cases, and also counsels clients on general antitrust issues.
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Matthew Provance is a Partner with Mayer Brown LLP practicing in the firm’s Chicago, IL office. He represents clients in complex civil antitrust litigation involving both monopolization and conspiracy claims and consumer class actions involving data privacy issues. Mr. Provance previously served as a law clerk to the Honorable Robert J. Conrad, Jr., US District Judge for the Western District of North Carolina.
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Megan Stride is a Partner with Mayer Brown LLP practicing in the firm’s Chicago, IL office. She represents clients across a variety of industries in all phases of US antitrust civil litigation and enforcement actions, including in the defense against allegations of price-fixing, monopolization, and market allocation. Ms. Stride previously clerked for Judge John J. Tharp, Jr. of the United States District Court for the Northern District of Illinois.
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