Molly Pease Discusses How Funding Helps Protect IP Holders From Financial Disparity in Litigation

A recent Bloomberg Law article co-authored by Molly L. Pease, Curiam Capital’s Managing Director & Chief Compliance Officer, examines the pivotal role of litigation finance in promoting fairness and access to justice for intellectual property owners.

While recent legislative discussions regarding taxation of litigation funding returns did not lead to policy changes, they highlighted the critical importance of access to funding for plaintiffs with strong claims but limited resources. Non-recourse litigation funding enables inventors, startups, and universities to pursue meritorious claims without bearing prohibitive costs, leveling the playing field against well-funded defendants.

Molly and co-author Kirstine Rogers of Certum Group caution that punitive taxation or mandatory disclosure of funding terms could unfairly disadvantage plaintiffs and hinder innovation. They advocate for education, storytelling, and informed legislative engagement to ensure balanced, responsible regulation.

Litigation finance strengthens the justice system by ensuring that disputes are resolved based on their merits, not the financial resources of the parties involved.

Read the full article here.