Litigation Funding: Maximizing Potentials While Mitigating Risks
Litigation funding has become a rapidly expanding corporate finance tool in the U.S. for companies and law firms of all sizes. Although relatively new, litigation funding is growing in use and prevalence, as it offers several significant benefits to commercial litigants and their lawyers. It can provide clients the capital they need to pursue cases while also managing cash flow and it allows law firms to share measured risk with their clients and take on more cases. With the changing legal landscape, however, funding remains often misunderstood. It’s important for litigants and lawyers to understand the ethics rules and guidelines that can impact funding and the best practices for selecting and working with funders.
In this LIVE Webcast, seasoned commercial litigation lawyers Laina Hammond (Validity Finance, LLC) and Adam S. Mocciolo (Pullman & Comley LLC) will provide the audience with an in-depth analysis of the recent developments in litigation funding. They will also present important issues surrounding this significant topic including practical tips and strategies to mitigate relevant issues and risks.
- Overview of Litigation Funding
- Trends and Developments
- Risks, Issues, and Opportunities
- Best Practices
Validity Finance, LLC
- Overview of Funding
- Who Uses It
- Why Do They Say They Use It
- What Are the Key Benefits?
- Why Now?
- Funding is Likely to Increase in the Current Economic Downturn
- How Can Funding Be Used as a Tool for Recovery for Law Firms
- Ethics & Regulatory Landscape Overview
- What Is on the Horizon
- The Latest Ethical Considerations in the US
- Best Practices in Negotiating a Litigation Finance Contract - Tips for What to Look Out for and Watch at Each Stage
Pullman & Comley LLC
- Litigation finance is a business-development tool for litigators. It helps remove business model and firm culture obstacles to contingency work. It also provides a value-creating service that a litigator can cross-sell to corporate partners’ clients.
- A funder’s case evaluation is valuable to counsel. It can provide independent confirmation (or contradiction) of counsel’s view of the case, and help to identify strengths and weaknesses in the theory / evidence.
- Strict attention is needed to differentiate between work product that can be shared with a funder, and attorney-client privileged material that should be held back.
Who Should Attend:
- In-house Counsel
- Litigation/Arbitration Funders
- Hedge Funds & Private Equity Firms
- General Attorneys
- Legal Counsel
- Litigation Officers
As head of Validity’s Houston office, Laina Hammond leverages her extensive litigation experience to partner with leading trial attorneys to help clients manage risk. In her role, Laina handles everything from finding the right cases to structuring the financial terms of Validity’s investment and monitoring the case through the course of litigation. Laina’s more than sixteen years as a trial lawyer representing businesses and individuals in complex commercial and energy litigation uniquely position her to identify and work with talented lawyers with strong cases and great clients. Armed with that experience, Laina and her team are able to quickly evaluate case merits and structure deals that provide companies and law firms the capital they need to pursue worthy cases without financial constraints.
As head of Validity’s Houston office, Laina Hammond leverages her extensive litigation experience to partner with leading trial attorneys to …
Adam S. Mocciolo is partner in a Connecticut office of Pullman & Comley, LLC, where he focuses his practice on commercial litigation and investigations, including:
- Financial fraud and asset recovery
- Internal corporate misconduct
Among his engagements receiving national press attention are representation of a bank defendant in a $7-billion antitrust case involving merchant acceptance of Visa and Mastercard payments in the United States; a fraudulent transfer claim litigated across four jurisdictions in the U.S. and the Caribbean in which his creditor client sought to claw back ten-figure charitable donations by a debtor to a university; and a year-long investigation into the organizational response to sexual abuse in a Roman Catholic diocese, in which he and his colleagues evaluated the managerial tenures of several prominent cardinals.
Adam holds law and public policy degrees from the University of Connecticut, Harvard University, the University of Mannheim, Germany, and the University of Adelaide, Australia. Prior to entering the practice of law, he served on the professional staff of a United States senator.
Adam S. Mocciolo is partner in a Connecticut office of Pullman & Comley, LLC, where he focuses his practice on …
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Method of Presentation:
General knowledge of litigation financing
NY Category of CLE Credit:
Areas of Professional Practice
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About Validity Finance, LLC
Validity is a commercial litigation finance company that provides businesses, law firms and individuals with non-recourse financing for a wide variety of commercial disputes. Founded in 2018 with $250 million in financing, Validity believes that capital and legal expertise combine to help solve legal problems on behalf of clients. Validity’s’ mission is to make a meaningful difference for clients by focusing on fairness, ethics, innovation, and clarity.
About Pullman & Comley LLC
Celebrating 100 years in 2019, Pullman & Comley has earned a reputation as a leading provider of legal services, serving clients throughout Connecticut, the Northeast, and internationally.
We are close and trusted partners to our clients, committed to providing the highest levels of service and value through hard work, innovative thinking and delivering real results. We believe that when our clients are successful, we are successful.
Since 1919, our firm has continued to grow and adapt to meet our clients’ changing needs, helping them to address the challenges and opportunities of every economy. We serve major financial institutions, public and private companies of all sizes, health care providers, service businesses, trade associations, manufacturers and emerging growth businesses in the alternative energy and information technology industries, as well as government entities, educational institutions, non-profit organizations and individuals.
With offices in Bridgeport, Hartford, Stamford, Waterbury and Westport, Connecticut, Springfield, Massachusetts and White Plains, New York, our firm is organized into practice sections that offer clients both depth of experience and the flexibility to team across disciplines for customized, solution-oriented service. In addition, because of our strong roots in Connecticut, we often collaborate with out-of-state law firms, serving as local counsel in corporate transactions and litigation matters. Our membership in the Law Firm Alliance, an international affiliation of law firms, gives our local clients the benefit of global reach.
Our reputation has been built by every member of our firm. We take great pride in working together to produce excellent results for our clients, and in contributing to the communities in which we live and work. Our culture of pulling together with our clients, through good times and bad, sets us apart from others in the profession.