There is no other way to express it; the US commercial litigation finance industry is under assault from a variety of different interest groups and the industry lacks a homogenous voice to counter the opposition and to communicate its strong benefits.
No doubt, many industry participants are well aware of the recent report by a hedge fund short- seller against the industry’s largest participant. While the report raises many issues for consideration, it is also symptomatic of a multi-pronged attack on the industry, whether organized or purely by coincidence. This article is a call for the industry to unite and create an association to represent interests of the various participants and beneficiaries of the industry (lawyers, plaintiffs, funders and investors).