Offshore litigation of claims against professionals may have entered a new era. Numerous recent decisions have blessed the use of commercial litigation funding and confirm that it should not offend rules against champerty...more
While funding for case and trial costs is available from a range of sources, one of the most common is a partner’s own savings, as partners of law firms often use their own cash to fund case costs....more
Judge Eileen Bransten issued a recent decision in New York County Supreme court, weighing in on the long-standing and, as yet, unsettled question of how alternative litigation financing (ALF) should be treated in NY state. In...more
For personal injury attorneys working on contingency, securing a loan to finance case/trial costs and working capital is a great alternative when compared to partners using their own capital to fund the firm and their cases....more
The heavy-equipment manufacturer Caterpillar, who is being sued in a federal court in Chicago, recently lost its request to obtain documents related to the plaintiff’s litigation funding agreement, according to a ruling made...more
An increasing number of corporate leaders and financial executives think that third-party funding, also referred to as litigation finance, should be used to fund lawsuits and that need for such funding will likely grow in the...more
I have been practicing law and handling personal injury claims in Seattle for 26 years. Recently, I have seen a huge upswing in advertising by predatory pre-litigation loan companies offering high-interest rate loans to...more
When it comes to financing the cost litigation, smaller law firms with limited resources have a number of options , and one of the most widely used and long-established forms of litigation financing is fee sharing. In...more
Your credit score can be the most influential factor to get you through a Lender’s door when making a decision to extend credit, and it certainly will determine the price a borrower will have to pay. Understanding what...more
In the patent infringement action between Cobra International, Inc. ("Cobra") and BCNY International, Inc. ("BCNY"), BCNY filed a motion to compel several documents, including a litigation funding agreement. Cobra opposed the...more
What is your Opportunity Cost of Self-Funding?
Webster’s Dictionary defines “Opportunity cost” in economic terms as “the opportunities forgone in the choice of one expenditure over others.”...more
To date, litigation funders in Australia have been subject only to "light touch" external regulation. However, there are increasing calls to see greater scrutiny applied to these funds.
On issue which might prove a...more
MDL No. 2323 – the NFL Players’ Concussion Litigation has reached settlement with a degree of controversy. The premise of liability and the extent to which the NFL owed its players a duty to warn amid now decades of private...more
Washington D.C., the U.S. Virgin Islands, and all Canadian provinces and territories have IOLTA programs that law firms must adhere to or face serious consequences.
It’s a known fact that mismanagement of IOLTA accounts...more
Every trial lawyer knows their livelihood depends on their ability to attract clients and generate fees. For a contingency fee based lawyer, that means signing up new clients and winning cases. So why would an attorney who...more
It seems likely that Tolling Agreements will be in effect in the near future after recent discussions in West Virginia, opening the door for thousands more plaintiffs suffering injuries from defective mesh products to join...more
After more than a decade in the attorney funding business, Case Funding Inc. has been witness to the changing landscape of the legal profession, particularly the growing imbalance between the level of financial resources of...more
Undercapitalized law firms trying cases against insurance companies, large corporations, and other deep-pocketed defendants are typically disadvantaged because of their lack of financial resources. Their inability to hire...more
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