Trending Now
Special Features

Special Features

170 Articles

‘Secondary’ Investing in Litigation Finance: Why, why now, and how to approach investing in Lit Fin Secondaries

By John Freund |

The following article is part of an ongoing column titled ‘Investor Insights.’ 

Brought to you by Ed Truant, founder and content manager of Slingshot Capital, ‘Investor Insights’ will provide thoughtful and engaging perspectives on all aspects of investing in litigation finance. 

Read More

Key Takeaways from the LFJ Podcast with Mani Walia of Siltstone Capital

By John Freund |

On the latest episode of the LFJ Podcast, we spoke with Mani Walia, Managing Director, General Counsel and Chief Compliance Officer and Siltstone Capital. Siltstone is a Houston-based alternative investment firm that invests in litigation finance claims, focusing on $500,000 to $5 million funding requests. Siltstone is also producing LitFinCon, the inaugural litigation finance conference in the Houston area, set to take place on March 2nd and 3rd of 2022.

Read More

How Our Top-5 Articles of 2021 Foretell What’s Coming in 2022

By John Freund |

Litigation Finance has enjoyed another year of growth and innovation, as we enter a shocking third year of the COVID pandemic. New funds have arisen, affording more potential claimants an opportunity to experience their day in court. New entrants are emerging in the funding space, innovative investment opportunities are popping up in the form of ILOs on the blockchain, and prominent examples of the benefits of legal funding are arising with increasing frequency.

Read More

Key Takeaways from LFJ’s Special Digital Event: Insights from New Entrants into Litigation Funding

By John Freund |

On Wednesday, December 15th, Litigation Finance Journal hosted a special digital event featuring insights from new entrants into litigation funding. A panel featuring Charles Schmerler (CS), Senior Managing Director of Pretium Partners, Zachary Krug (ZK), Director of Signal Capital Partners, and Mark Wells (MW), Co-Founder of Almatura, discussed deal sourcing fundraising and hiring from a new entrant’s perspective. 

Read More

Price Control to Ensure the Affordability of Litigation Finance?

By John Freund |

The following post was contributed by Guido Demarco, Director & Head of Legal Assets of Stonward.

In March 2021, the European Parliamentary Research Service published a study on Responsible Private Funding of Litigation. This study was later supplemented by a draft report prepared by the European Parliament’s Committee on Legal Affairs in June 2021. Both documents, the study, and the draft report, contain certain recommendations to regulate litigation funding and criticize the economic costs that these funds impose on their clients by referring to them as “excessive”, “unfair” and “abusive”.

Read More

Key Takeaways from LFJ’s Special Digital Event: Innovations in Litigation Funding

By John Freund |

On Wednesday, November 10th, Litigation Finance Journal hosted a special digital conference titled Innovations in Litigation Funding. The event featured a panel discussion on disruptive technologies within Litigation Finance, including blockchain, AI and crowdfunding platforms. Panelists included Curtis Smolar (CS), General Counsel of Legalist, David Kay (DK), Executive Chairman and Chief Investment Officer of Liti Capital, Cormac Leech (CL), CEO of AxiaFunder, and Noah Axler (NA) Co-founder and CEO of LawCoin. The panel was moderated by Stephen Embry (SE), founder of Legal Tech blog TechLaw Crossroads

Read More

Select Ethical Issues Present in Litigation Funding

By John Freund |

The following article was contributed by John J. Hanley, Partner at Rimon Law

Litigation financing is on the rise in the United States and provides some claimants a valuable means for paying the costs of pursuing a legal claim. Lawyer involvement in litigation financing transactions raises many ethical issues for a lawyer such as competence, duty of loyalty, the potential waiver of privilege and interference by a third party, to name a few.

Read More

Key Takeaways from LFJ’s Digital Event on The Evolution of Corporate Portfolio Funding

By John Freund |

Last week, Litigation Finance Journal held a special digital event on the evolution of corporate portfolio funding. How has portfolio funding evolved over the years? Why have corporates been slow to adopt the practice? How is COVID impacting that adoption rate? And what can funders do to convince corporates that the benefits of portfolio funding outweigh any perceived drawbacks?

Read More

Judge Shira A. Scheindlin Delivers the Keynote Address at LF Dealmakers

By John Freund |

The LF Dealmakers conference kicked off this morning with a keynote address from Judge Shira A. Scheindlin. The address was titled “Litigation Finance: Survey of a Shifting Landscape,” and covered four main issues: ethics, fee sharing, disclosure regulations and privileged communications between funder and attorneys.

Read More

Jurisdiction guide to third party funding in international arbitration

By John Freund |
Third party funding (TPF) for international arbitrations and court proceedings related to international arbitrations is now permitted in a number of jurisdictions worldwide. TPF arises when a third party litigation or arbitration funder provides financial support to enable individuals or commercial entities to pursue or defend legal proceedings.
Read More

Consumer Legal Funding is Even More Necessary Post-Pandemic

By John Freund |

The following piece was contributed by Eric Schuller, President of the Alliance for Responsible Consumer Legal Funding (ARC). 

Consumer Legal Funding is when a company provides funds to a consumer who has a pending legal claim, typically a car accident, while their case is making its way through the legal system. The funds are used for household needs such as mortgage, rent, car payments, keeping the light on and putting food on the table. The funds are not used to pay for legal fees associated with the claim or case.

Read More

Creating and Resourcing an Enforcement Plan to Persuade a Funder to Invest in Your Enforcement

By John Freund |

The following article was contributed by J-P Pitt, Investment Manager at Asertis

Stating the obvious, the principal reason a funder chooses to fund enforcement, as with every aspect of litigation funding, is to receive more at the end than is paid at the beginning. In practical terms, enforcement extends beyond being purely a legal process. Much of it involves practical project management, where litigation is one of two key workstreams. The other is influence or persuasion – communications or PR. These two elements are entirely complementary and complimentary.

Read More
Litigation Finance News

Key Takeaways from LFJ’s Special Digital Event on Australia: The Evolution of a Litigation Finance Market

By John Freund |

On Tuesday June 15th, LFJ hosted a special digital event on Australia: The Evolution of a Litigation Finance Market. Moderator Ed Truant (ET), founder of Slingshot Capital, helmed a panel discussion  that covered a broad range of issues facing the Australian market. Panelists included Andrew Saker (AS), CEO of Omni Bridgeway, Stuart Price (SP), CEO of CASL, and Patrick Moloney (PM), CEO of Litigation Capital Management. 

Read More

Both Law Firms and Plaintiffs Benefit from the Expanding Consumer Legal Funding Industry

By John Freund |

The following piece is a contribution by Charles W. Price, CEO of Capital Now Funding, LLC

The following scenario was once all too common – plaintiffs injured in an accident, waiting impatiently for a complex lawsuit to settle. With the clock ticking and the plaintiff often unable to work, there was little they could do except wait for the phone to ring while medical and other bills kept piling up. Meanwhile, their attorneys must candidly tell them that it will be weeks to months or years before they might receive their settlement money.

Read More

Key Takeaways from LFJ’s Special Digital Event: “Investor Insights into Consumer Legal Funding”

By John Freund |

This past Tuesday, Litigation Finance Journal hosted a special digital event, “Investor Insights into Consumer Legal Funding.” The panel discussion featured a trio of institutional investors, including Ben Kaplan (BK), co-founder of C9 Partners, Don Plotsky (DP), co-founder of Uinta Investments, and Michael Morris (MM), Managing Director of Northleaf Capital. Dan Avnir (DA), Managing Director of Bryant Park Capital moderated the discussion. 

Read More

Key Takeaways from LFJ’s Podcast with Louise Trayhurn of Legis Finance

By John Freund |

Louise Trayhurn, Executive Director of Legis Finance, sat down with LFJ to discuss a broad range of industry topics, including Legis’ bespoke approach to managing client relationships, the various funding and insurance products her company offers, the growing trend of GCs and CFOs extracting more value out of their legal assets, and what trends she predicts for the future of the industry.

Read More

Is Consumer Legal Funding a loan? Why does it matter?

By John Freund |

The following article was contributed by Eric Schuller, President of the Alliance for Responsible Consumer Legal Funding (ARC).

The classification of Consumer Legal Funding as a loan is more than mere semantics. Consumer Legal Funding is the purchase of an asset; that being a portion of the proceeds of the consumer’s legal claim. This form of investment allows the consumer to access much needed support in order to obtain the financial assistance they need while their claim is making its way through the system.

You may ask yourself, so why does this matter?

Read More

“True Sales” in Litigation Funding Agreements

By John Freund |

The following article was contributed by John Hanley and Douglas Schneller of Rimon Law, P.C

An issue that keeps some litigation funders up at night concerns the possibility of a claimant filing for bankruptcy after receiving funding and before their underlying case is resolved.  Proceeds from the case may become property of the bankruptcy estate and made available to the transferor’s creditors.  A carefully drafted litigation funding agreement (“LFA”) can increase the likelihood that the right to receive a portion of litigation proceeds is legally isolated (like the island in the picture above) and beyond the reach of the transferor’s creditors or a bankruptcy trustee.[1]

Read More
Litigation Finance News

Key Takeaways from LFJs Q4 2020 Commercial Litigation Funding Roundup

By John Freund |

On Thursday December 17th, Litigation Finance Journal hosted a special 1-hour panel discussion on the major events impacting the commercial litigation funding industry. Panelists included Omni Bridgeway CEO Andrew Saker (AS), Therium Co-Founder and CIO Neil Purslow (NP), and LCM CEO Patrick Moloney (PM). The panel was moderated by Ed Truant (ET), founder of Slingshot Capital. Below are some highlights from the discussion.

Read More

Clarifying the Ethics and Responsibilities Inherent in Litigation Funding

By John Freund |

The following is a contributed piece from Nick Rowles-Davies, Executive Vice Chairman of Litigation Capital Management. Along with Andrew Saker, CEO of Omni Bridgeway, and Neil Purslow, Co-Founder of Therium, Nick will be a panelist on LFJ’s upcoming special digital conference — an industry roundup of the major events impacting commercial litigation funding in 2020, and what to expect in 2021. 

Read More