Litigation Funding

News & Analysis as of

Litigation Funding in the Offshore World

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

The Pros and Cons of Self Funding Case Costs with Partners’ Cash

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 Bransten Weighs in on Litigation Financing in NY

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

What Your Financial Statements Tell your Lender about Your Firm

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

Recent Court Decision Shows Litigation Funding Continues to Gain Traction in U.S.

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

Study Reveals Litigation Finance Industry Gaining Ground in the U.S.

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

Pre-litigation loans can be disastrous for your personal injury client!

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

Installment VII: The Downside of Fee Sharing to Finance Litigation

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

Installment VI: The Importance of FICO for Attorneys

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

District Court Orders Production of Litigation Funding Agreement

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

Installment V: What are the Real Opportunity Costs of Self Funding?

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

Litigation funders in Australia - tighter regulations on the horizon?

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

Has Your Plaintiffs’ Mild TBI Gone Undetected? What NFL Concussion Litigation means for PI

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

Installment III: The Do’s & Don’ts of IOLTA Accounts

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

Installment II: Retain vs. Refer – Borrowing to Keep Cases In-House

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

TVM Case Screening Checklist: Factors to Consider at your Intake Evaluation

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

Installment I: The A, B, C’s of Law Firm Financing

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

Law Firm Financing Helps Lawyers and Attorneys Level the Playing Field

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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