Tag Archive: legal reform

A Perspective on Litigation Finance from a BigLaw Attorney

The United States Chamber of Commerce and other critics of litigation finance would have you believe that the business of investing in litigation is one of payday lending’s shady cousins.  This characterization raises the question of why any serious lawyer…
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Canadian Court Concludes That Litigation Financing Is a Private Matter

In a recent post, we discussed a Canadian case in which a plaintiff class and its litigation funder sought court approval for a particular kind of financing agreement that would fund attorneys’ fees and litigation expenses during the pendency of…
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Another Sign That Litigation Funding Has Entered the Mainstream of Law Practice

If you listen to the United States Chamber of Commerce, insurance industry lobbyists, or any number of defense attorneys, you might think that litigation finance is a somewhat sleazy, back-alley operation, populated only by the unscrupulous.  To be sure, this…
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A Canadian Innovation in Class Action Funding

One of the principal benefits of litigation funding is it facilitates a more just and efficient allocation of the risk associated with lawsuits.  In return for a share of the recovery in a case, a deep-pocketed investor can assume some…
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How Litigation Funding Helps Medical Malpractice Plaintiffs

As more parties take advantage of litigation financing, the benefits of such financing are becoming more readily apparent.  That is certainly the case with medical malpractice cases. A recent study, along with anecdotal evidence from attorneys, shows that litigation financing…
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Beware the False Equivalence Between Litigation Funding and Cash Advances

A recent article worries that regulatory enforcement actions in Minnesota and New York indicate that state and federal regulators may soon turn their focus to litigation finance companies, especially with respect to rules prohibiting usury and mandating full disclosure.  A…
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The Many Forms of Litigation Funding

A recent scandal involving the University of Louisville Foundation provides another illustration of how necessary third-party litigation funding can be – and of why it is not a threat to the integrity of the justice system.  Although this situation does…
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Best Practices for Preserving Privileged Materials in a Litigation Finance Transaction

Litigation financing provides extraordinary opportunities for litigants to reduce the risk of litigation and increase their chances of obtaining a fair recovery on their claim.  But the realities of the litigation financing transaction require that both funders and litigants exercise…
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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…
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