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Special Features

188 Articles

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.
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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.

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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.

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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. 

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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.

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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. 

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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.

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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?

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“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]

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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.

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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. 

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ABA Adopts Guidance in Third-Party Litigation Funding

By John Freund |

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

On August 3, 2020, The American Bar Association (ABA) House of Delegates, by a vote of 366-10, voted to adopt the resolution for “Best Practices for Third-Party Litigation Funding”. This established a slew of national guidelines that law firms, consumers and legal funding companies should follow.

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Litigation Finance is Cheaper Than You Might Think!

By John Freund |

The following was contributed by Matthew Pitchers, Head of Investment Valuation at Augusta Ventures

I was in conversation the other day with a prospective user of our finance – a law firm who will remain nameless. The conversation was going well, very well in fact, until those seven words came up: “what is it going to cost me?”. I replied that our fee would be based on the higher of a multiple on the funds deployed or a set percentage of damages awarded. After a few seconds of silence which felt like an eternity, the response I got back was “that is very expensive, and I don’t think my client will go for it”.

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Key Takeaways from LFJ’s Digital Conference on Covid’s Impact on Consumer Legal Funding

By John Freund |

On June 11th, Litigation Finance Journal held a special digital conference on Covid’s impact on the Consumer Legal Funding industry. The panel discussion was moderated by Dan Avnir, Managing Director at Bryant Park Capital. Panelists included Eric Schuller, President of the Alliance for Responsible Consumer Legal Funding (ARC), Kevin Confoy, Chief Risk Officer of GloFin, Paul Galsterer, Founding Partner of The Injury Firm, Lawrence Yablon, Partner at Robinson Yablon PC, and Anthony Sebok, Professor of Law and Co-Director of the Jacob Burns Center for Ethics in the Practice of Law at Benjamin N. Cardozo School of Law.  

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Litigation Finance News

Key Takeaways from the LFJ Webinar on COVID-19’s Impact on the Litigation Funding Industry

By John Freund |

On Thursday, Litigation Finance Journal held a special digital conference on how litigation funding and the broader legal services sector have been impacted by COVID-19. Ed Truant of Slingshot Capital moderated an expert panel, which included Eric Blinderman, CEO (U.S.) of Therium Capital, Paul Haskel, Partner at Richards, Kibbe & Orbe, LLP, and Ralph Sutton, Founder and CEO of Validity Finance. 

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