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Many Delaware Litigants Face Deadline for Nonrecourse Funding Disclosures

May 30, 2022

As one of the top venues for patent litigation, the District of Delaware frequently makes headlines, but particularly so lately. The district appears to be experiencing a bit of a backlog after the elevation of District Judge Leonard P. Stark to the Federal Circuit created a vacancy, after which President Joseph R. Biden Jr. recently nominated Fox Rothschild partner Gregory B. Williams to fill that opening. On top of that, Chief Judge Colm F. Connolly dropped multiple new standing orders on April 18, 2022, two of them addressing control of litigants in his courtroom, a first targeting non-recourse funding arrangements—including express permission to discover the terms on any such agreements where good cause exists—and a second forcing broad disclosure of, for example, the members of any LLC filing there. That first standing order has deadlines associated with it, one of which falls 45 days after April 18—in other words, this week.


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