Litigation Financing: What Private Equity Firms Should Know and Do
Litigation financing has helped companies from SMEs to large corporations in dealing with commercial disputes through litigation or arbitration. Its concept involves a third-party that provides funding for legal costs in return for an agreed sum to be recovered from any damages. This has been used by legal firms and corporate counsel as a form of risk management and has quickly grown into a robust industry.
In this LIVE Webcast, a panel of thought leaders and professionals brought together by The Knowledge Group will provide the audience with an in-depth analysis of the fundamentals as well as recent trends and developments in Litigation Financing. Speakers will give highlights to the opportunities and pitfalls surrounding this significant topic. They will also present key strategies and practical tips.
Key topics include:
- Litigation Financing: Framework
- Significant Trends in 2018
- The Litigation Funding Transparency Act of 2018
- Identifying Red Flags
- Common Risks and Pitfalls
- Opportunities and Challenges
- What Lies Ahead
- What is commercial litigation finance and how does it work?
- How can private equity firms benefit from using litigation funding?
- What are the business valuation/balance sheet benefits of litigation finance?
- What are the accounting benefits for private equity firms?
- What should private equity firms look for in a litigation funder?
Themis Legal Capital
- How does litigation funding create value for the portfolio company?
- Enabling the portfolio company to create value by pursuing cases that might otherwise not be brought because of financial considerations
- Facilitating liquidity events in circumstances where the portfolio company is engaged in litigation
- Leveraging litigation claims as a financing tool
- How would PE firm’s invest in litigation financing?
- Specialty finance company model
- Establishing a captive fund
- Investing in companies that are engaged in significant litigation
- Investing in specific litigation assets
Who Should Attend:
- In-House Legal Teams
- Litigation/Arbitration Funders
- Corporate Counsel
- Law Firms
- Managing Partners
- SMEs and Investors
- Multinational Corporations and Organizations
James Batson is an Investment Manager and Legal Counsel in Bentham IMF’s New York office. Jim helps companies and individuals obtain non-recourse financing for commercial lawsuits. He manages the investment process on potential cases from initial review through final resolution.
Before joining Bentham, Jim held roles as Chief Operating Officer and Consultant for two commercial litigation finance companies and spent twenty years with a prestigious plaintiff’s law firm. As a senior partner, Jim oversaw cases brought on a contingent-fee basis. An accomplished litigator, Jim tried cases in federal and state court and before the American Arbitration Association, JAMS, FINRA and the Chicago Board of Trade. He also handled regulatory proceedings before the SEC, the NYSE and FINRA.
Jim frequently speaks about litigation finance at conferences, law firm seminars and other events. Jim received a B.A. in Economics and English from Cornell University, a J.D. from Fordham University School of Law, and an M.B.A. from Fordham University School of Business.
James Batson is an Investment Manager and Legal Counsel in Bentham IMF’s New York office. Jim helps companies and individuals …
Before co-founding Themis Legal Capital, Ed Reilly was a corporate partner with several international law firms, including Goodwin Procter; Morgan Lewis & Bokius and LeBoeuf, Lamb, Greene & McRae. Over the course of his career, he represented corporations and financial sponsors including prominent venture capital, mezzanine, private equity and hedge funds for more than 30 years.
Ed routinely acted as his clients’ de facto general counsel and advised them on a broad spectrum of issues ranging from the prosecution, defense and resolution of litigation and pre-litigation disputes to the structuring and closing of innovative financial transactions. During his tenure in private practice, Ed enjoyed leadership roles including rotations as a managing partner of a growing regional office, a member of a firm-wide administrative committee and the head of a firm’s international private equity initiative.
Since 2012 Ed has immersed himself in the Claim Based Funding business developing a sourcing network, collaborating on case evaluation and transaction structuring with established and emerging fund managers and contributing to academic efforts to promote best practices in the field.
Ed is admitted to the bar in New York, Connecticut and the District of Columbia. He is a graduate of the University of Notre Dame and the Columbia University School of Law
Before co-founding Themis Legal Capital, Ed Reilly was a corporate partner with several international law firms, including Goodwin Procter; Morgan …
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Method of Presentation:
General knowledge of corporate litigation
NY Category of CLE Credit:
Areas of Professional Practice
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About Bentham IMF
Bentham IMF is the US arm of IMF Bentham Limited (ASX: IMF), one of the most successful litigation funding companies in the world, with a portfolio that has a total claim size value of $3.8 billion AUD. The companies have 14 offices throughout the world and provide funding to clients in the US, UK, Europe, Australia, Canada, New Zealand, Hong Kong and Singapore. They have funded to completion 166 cases in the past 16 years, generating $2.1 billion AUD in recoveries and achieving a 90% success rate, with their clients retaining an average of 62% of all case proceeds.
About Themis Legal Capital
Themis Legal Capital provides capital, risk management solutions and strategic support to companies engaged in large, meritorious, commercial legal disputes. The Themis principals and litigation advisory board members are seasoned professionals with extensive backgrounds in the most sophisticated aspects of commercial litigation and finance. Themis invests in situations in which the experience of its principals and litigation advisory board members provide particular insights into the dispute at hand and will add value to the dispute resolution process.