Litigation Finance Insights

Blog Authors

Latest from Litigation Finance Insights

What do the Niagara River, 1990s R&B sensation TLC, and litigation finance term sheets all have in common? Each involves waterfalls—though some more famous than others. In this blog post, we’ll talk about the litigation finance version of waterfalls—what they do, how to read them, when they matter, and when they don’t. First, some context Waterfall provisions are not unique to litigation finance. They are common features of many investments, and they tell you…
The historic Abraham Accords have launched a dramatic new era of commercial opportunity in the Middle East.  While prospects are brimming across a range of countries in the MENA region – including in Bahrain and Morocco, which have joined the regional normalization initiative – the match between Israel and the UAE, the two most advanced economies in the region, is particularly promising.   Israeli tech innovation and the Emirati business platform create enticing opportunities; international…
Although temperatures have normalized and power has been restored, the economic damage of last month’s winter storm is just beginning to be tallied. Some experts estimate that damage from Winter Storm Uri could end up costing Texas as much as $295 billion—rivaling even the economic damage caused by Hurricane Harvey.  This is because, unlike the relatively localized harm that typically follows a hurricane, Uri’s wrath blanketed the state, resulting in damage to hundreds of businesses—both…
We recently covered six common questions about a funder’s due diligence process, including what funders generally look for when conducting a thorough review of a case before deciding to invest. Most cases, however, never even reach that due diligence process but instead are rejected in an early screening stage. Funders receive hundreds of requests for funding every year. Even for a larger investment team, it can take considerable time to sort through those requests…
“What do you need to quickly evaluate my case and reach a funding decision?” We get this question a lot. This blog post answers it. If you’d like to present your case to a funder, here’s our checklist of what information we need to begin your case evaluation. At the end, we’ll also give some tips on how to package and present the materials. What’s in the funding request? To invest in a case, funders…
Reposted with permission from Columbia Law School. By Here’s a familiar story for litigators. A client calls you with a strong legal claim, but she can’t afford to pay your hourly rates. And your firm won’t let you take the case on contingency. You feel hard-pressed to tell your client to look elsewhere. Enter litigation finance: the practice where a third party provides capital to a litigant or law…
Ralph Sutton, CEO of Validity Finance, predicts the five top litigation funding trends for the new year. He looks at the impact of Covid-19 on trials and arbitration, and says pricing will remain stable, but clients and firms will be able to secure deals that were not conceivable five years ago. ORIGINALLY PUBLISHED on Bloomberg Law https://news.bloomberglaw.com/us-law-week/five-litigation-funding-predictions-for-2021 This coming year will be filled with milestones following a tumultuous election season and tragic loss of life…
Last month, Judge Bencivengo of the Southern District of California, joined an ever-growing list of federal judges around the country finding materials prepared by, for and with litigation funding entities fit squarely under the umbrella of attorney work product protection and thus cannot be disclosed to an adversary during litigation. Impact Engine, Inc. v. Google LLC, Case No. 3:19-cv-01301, Dkt. No. 129 (S. D. Cal. Jul. 17, 2019). At its core, the work product protection…
Most law firm pitches are heavy on the lawyers’ experiences and record, but leave out a really crucial part of the litigation: its resolution. This article will concern using analytics on litigation resolutions to pick the right counsel and to demonstrate a legal department’s value as a profit-generating department, not just a cost center. By Joshua Libling It’s time for some math. Modeling math! No, don’t stop reading! Most law firm pitches are heavy on…
Lawyers and clients alike will benefit from the State Bar committee’s guidance on how to safely navigate the ethical rules while preserving litigants’ access to the courts. Originally Printed in The Recorder October 21, 2020 https://www.law.com/therecorder/2020/10/21/california-bar-simplifies-lawyers-obligations-to-clients-in-funded-matters/ The State Bar of California is the latest to weigh in on the ethical issues that arise for lawyers when a client seeks third-party funding. Formal Opinion No. 2020-204 reflects the relatively well-established use of litigation funding in the…