Skip to content

Menu

LexBlog, Inc. logo
NetworkSub-MenuBrowse by SubjectBrowse by PublisherJoin the NetworkGet StartedSubscribeSupportContact
Search
Close

Private Third-Party Financing Of Class Actions

By Gerald Maatman, Jr. on November 17, 2010
Email this postTweet this postLike this postShare this post on LinkedIn

Co-authored by Lorie Almon and Gerald L. Maatman, Jr.

A recent New York Times article is creating a buzz in the class action world – the article discusses the phenomenon of how private third parties (such as banks, financers, and lenders) are “investing” in plaintiffs’ class action firms relative to the prosecution of class actions. The “smells like raw tuna” reaction of many manifests itself on multiple levels. It creates a platform whereby plaintiffs’ counsel can use investor money to finance bigger and more ambitious class action filings, and alters the typical settlement dynamics in which lead plaintiffs can receive advance payments from the third-party during the litigation. The subject surfaced during the approval process for the massive class action in the U.S. District Court for the Southern District involving an estimated 10,000 workers who stand to share in a proposed $650 million plus settlement for people sickened after working on the World Trade Center site.  Judge Hellerstein required plaintiffs’ counsel – who stand to secure an multi-million pay day from the settlement – to absorb the financing costs from the financing done in that settlement in lieu of passing the lending costs on to the class members. View Approval Order. We expect this phenomenon may well accelerate and that the scrutiny of courts and regulators likewise will increase. Meanwhile, corporations will face enhanced litigation pressures with the pace and size of class action filings.

Photo of Gerald Maatman, Jr. Gerald Maatman, Jr.

Gerald is a partner in the Wage & Hour Litigation Practice Group in Seyfarth Shaw’s Chicago office. Mr. Maatman has a primary emphasis in his practice on defending employers sued in employment-related class actions and EEOC pattern and practice lawsuits brought in federal…

Gerald is a partner in the Wage & Hour Litigation Practice Group in Seyfarth Shaw’s Chicago office. Mr. Maatman has a primary emphasis in his practice on defending employers sued in employment-related class actions and EEOC pattern and practice lawsuits brought in federal and state courts throughout the United States. Mr. Maatman also pioneered the process of conducting employment practices audits to assist employers in structuring effective and practical personnel policies and protocols. These audits are designed to minimize the incidence of employment-related class action litigation and to maximize management discretion and workplace productivity. Mr. Maatman’s work in this area has been profiled in the Wall Street Journal and Time Magazine.

Read more about Gerald Maatman, Jr.Email
Show more Show less
  • Posted in:
    Class Action & Mass Torts
  • Organization:
    Seyfarth Shaw LLP

Call us at 1-800-913-0988 or email sales@lexblog.com.

Facebook LinkedIn Twitter RSS
The Library at LexBlog
  • About LexBlog
  • The Field We Built
  • Library at LexBlog
  • Our Beliefs
  • Our Team
  • Contact LexBlog
  • Disclaimer
  • Editorial Policy
  • Terms of Service
  • Get Started
  • Publishing Solutions
  • Compass
  • Submit a Request
  • Support Center
  • System Status
Copyright © 2026, LexBlog, Inc. All Rights Reserved.
Law blog design & platform by LexBlog LexBlog Logo