At the same time that plaintiffs have benefited from litigation funding, some commentators have expressed concerns that defendants have relinquished to plaintiffs the traditional budgetary and leverage advantages that some corporate defendants enjoyed insofar as the increased focus on defense expenditures in recent years has come at the expense of efforts to contain swelling indemnity numbers.

[6] See, e.g., J. Theodorou, The Scourge of Social Inflation, R Street Policy Study No. 247 (Dec. 2021), available at https://www.rstreet.org/wpcontent/uploads/2021/12/RSTREET247.pdf?hsamp_network=linkedin&hsamp=bHs2nbYsdw7Z.