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How Qian Julie Wang’s Upbringing as an Undocumented Immigrant Informed Her Legal Career

September 28, 2022

How Qian Julie Wang’s Upbringing as an Undocumented Immigrant Informed Her Legal Career

For the keynote address of the LF Dealmakers conference, Validity Finance Founder and CEO Ralph Sutton, introduced NY Times Best-Selling Author and Civil Rights Litigator, Qian Julie Wang. Her memoir, Beautiful Country, was ranked a best book of 2021 by the New York Times, and has been well-reviewed by many distinguished outlets. Ms. Wang began by sharing her ‘most humiliating story’ from Big Law. She began her carer at a top-5 firm as a hungry summer associate eager to prove herself at this white-shoe law firm. She noticed that partners and associates kept coming to her asking her to take on various assignments, and didn’t realize that she should select which ones to work on, so she said yes to each offer, so quickly found herself working on 10 major litigation cases. For the next month, Ms. Wang skipped all of the orientation, lunches, outings, and buried her head in WestLaw doing research. It turns out, one of the training sessions she missed was quite important–because a senior partner at the firm called her into his office and asked her what the hell she had been doing for five weeks? Ms. Wang hadn’t been billing any of her research time, because she had missed the training session that explained that part of the process. So the vast majority of her work went un-billed. Through some self reflection, Ms. Wang realized that her problem stemmed from her belief that she didn’t belong. Her very first job was age 7 at a sweatshop in Chinatown, as an undocumented immigrant, and here she was in a fancy white-shoe law firm. She had spent her life afraid of anyone in a uniform, afraid they might be out to deport her. And so when she got her summer associate job at the law firm, she brought that insecurity in the door with her. Ms Wang described her family’s suffering under the Communist takeover of China, how they were imprisoned and tortured for reading banned books. She came to admire two Americans she read about–Ruth Bader Ginsburg, and Thurgood Marshall. That was when she decided to become a lawyer, when she eventually came to America. However, like many lawyers, she fell into the trap of focusing just on the compensation. She billed and billed so many hours that she lost her sense of purpose. It wasn’t until she started writing her memoir, Beautiful Country, that she re-discovered the reason she became a lawyer in the first place. She realized that the little girl who had grown up working in a sweatshop dreamed of being a lawyer so she could help people, and here years later she had achieved that dream, but the allure of those billable hours had caused her to lose the plot. Ms. Wang took a sharp turn and decided to focus her efforts on helping marginalized communities. Her work now helps her find her way back to the child she was, and provides a sense of fulfillment about her career that she never previously experienced.

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MWE Guide Outlines Compliance Priorities for Litigation Fund Managers

By John Freund |

Fund managers exploring or operating within the litigation finance space face a complex and often underappreciated regulatory landscape. A recent guide from McDermott Will & Emery provides a detailed roadmap for how litigation fund managers can navigate this evolving environment, with a particular focus on securities laws, fiduciary obligations, and conflicts of interest.

The memo serves as a primer on key legal considerations, especially for those managing funds in the United States or marketing to U.S. investors. It emphasizes that litigation finance funds may be subject to the same regulatory scrutiny as traditional investment vehicles. Managers must consider registration requirements under the Investment Advisers Act of 1940, as well as exemptions, such as those for foreign private advisers or venture capital fund advisers. The authors also explore the application of the Investment Company Act of 1940, cautioning that even non-traditional funds can be pulled into regulatory oversight if structured improperly.

Fiduciary duties take center stage in the memo’s discussion of fund governance. Managers are reminded that they owe duties of care and loyalty to their investors, which can become complicated in litigation finance where the fund’s interests may diverge from those of claimholders or legal counsel. Disclosure, consent mechanisms, and robust internal compliance protocols are strongly recommended to mitigate potential conflicts.

The guide also highlights the increasing focus by regulators and policymakers on transparency and ethical boundaries within the litigation finance industry. Fund managers are urged to prepare for heightened scrutiny and evolving disclosure expectations.

Commercial Regulatory Issues

Op-Ed in The Hill Targets Foreign Investment in Litigation Funding

By John Freund |

A growing chorus of voices is calling for greater scrutiny of third-party litigation funding, with a new op-ed warning that opaque capital is compromising the integrity of the U.S. civil justice system.

An opinion piece in The Hill by Lindsay Lewis and Phil Goldberg of the Progressive Policy Institute argues that American courtrooms are being quietly transformed into a financial marketplace, with hedge funds, foreign sovereign wealth funds, and other investors channeling billions into U.S. litigation. The authors highlight an alleged lack of disclosure, warning that litigation funders can influence or outright control high-value cases, often without the knowledge of courts, litigants, or the public.

The litigation funding industry has long cited a lack of evidence regarding such accusations, yet the pressure from industry critics persists. The article points to mass torts as a flashpoint for abuse, claiming funders are building lawsuits “too big to fail” by bankrolling advertising campaigns and scientific claims to pressure companies into mass settlements regardless of the merits.

The op-ed also echoes previously-made critiques around national security and economic concerns, citing recent reports of Chinese, Russian, Saudi, and Emirati-backed funds investing in U.S. litigation. These foreign entities, the authors argue, could use lawsuits to access sensitive corporate data or strategically target American companies, all while avoiding U.S. taxes on any litigation proceeds.

Lewis and Goldberg call for reforms mandating disclosure of litigation funders, establishing ethical walls between financiers and legal strategy, and regulating foreign involvement in U.S. lawsuits.

Commercial Regulatory Issues

Increased Access to Justice for Claimants to Take on Powerful Organisations in Court

Ordinary people will have greater access to justice thanks to Government’s plans for legislation to help claimants receive the funding they need to take on powerful organisations in court.    

Since the Supreme Court ruling in PACCAR in 2023, claimants have faced uncertainty about whether they can secure funding from third parties in order to bring a civil case against a well-resourced opponent.  

Third-party litigation funding allows people to bring complex legal cases against powerful organisations when they cannot afford the costs themselves. Under these arrangements, a funder pays for the legal case in exchange for a share of any compensation won.   

The PACCAR judgment, which classed these funding arrangements as “Damages Based Agreements”, made it harder to access to third-party funding and has resulted in a drop in collective action lawsuits. Today, the government is confirming that it will take action to remove this barrier to justice by clarifying that Litigation Funding Agreements are not Damages Based Agreements, protecting victims and claimants.   

Minister for Courts and Legal Services, Sarah Sackman KC MP, said:  “The Supreme Court ruling has left claimants in unacceptable limbo, denying them of a clear route to justice. Without litigation funding, the Sub-postmasters affected by the Horizon IT scandal would never have had their day in court. These are David vs Goliath cases, and this Government will ensure that ordinary people have the support they need to hold rich and powerful organisations to account. Justice should be available to everyone, not just those who can afford it."   

David Greene, co-president of the Collective Redress Lawyers Association (CORLA) said: “This announcement is good news for ordinary people seeking access to justice. However, whilst the government has recognised the urgent need to reverse PACCAR, the proposal to regulate litigation funding agreements as part of the proposed legislation is likely to add considerable delay. We therefore urge the government to introduce an urgent bill to reverse PACCAR, and that the thornier issue of what light touch regulation of litigation funding might look like be considered separately.”

The UK’s legal services industry is worth £42.6 billion a year to the economy, with a highly skilled workforce of 384,000.  

A new framework will ensure that agreements are fair and transparent, so that third-party litigation funding actually works for all those involved.  These changes follow a comprehensive and wide-ranging review by the Civil Justice Council (CJC), published earlier this year. The government will continue to consider the recommendations set out in the CJC review.