Latest Posts

Part III–Understanding Risk and Benefits in Litigation Finance

The first two parts of this post have addressed the nature of risks associated with the viability of a legal claim and the capabilities and attitudes of litigation opponents.  This final post considers other risk factors that litigation funders must…
Read more

A New Approach to Litigation Funding for Small Businesses

An Australian company has developed a new model for litigation financing that could be especially attractive to small and medium-sized businesses.  Under this model, funders, attorneys, and litigants make structured contributions to litigation costs and benefit from a similarly structured…
Read more

Emerging Worldwide Trends in Litigation Funding

All over the world, litigation finance is growing rapidly, and such growth brings increasing sophistication. For many years, funders typically invested in one case at a time, with each investment being independent of others.  Now funders are investing in a…
Read more

The Importance of Disclosure in Drafting a Litigation Funding Agreement

Full disclosure is an important part of making any transaction work.  This applies to litigation funding transactions to the same extent as any other transaction.  When an attorney advises a client in connection with a litigation funding transaction, she must…
Read more

Best Practices for the Ethical Negotiation of a Litigation Funding Agreement

Of course, attorneys must always be sensitive to their ethical obligations, especially their ethical obligations to their clients.  But those obligations can become more complicated when a litigation funder becomes involved in a case.  Because the funder is a third-party…
Read more