The Rise of Litigation Finance: Demystifying Emerging Issues
Litigation finance continues to thrive as more companies and legal practitioners realize its potentials in the current legal landscape. Although it provides substantial benefits for under-resourced plaintiffs, litigation funding poses a myriad of issues which litigants must be wary of. It is, therefore, imperative for law firms and in-house legal teams to keep themselves abreast of the emerging trends and developments regarding its use.
Listen as a panel of key thought leaders and practitioners assembled by The Knowledge Group provide clarity on how to use legal funding effectively. Speakers will dig deeper as they analyze the emerging critical issues and as they offer the best practices in leveraging litigation finance in this evolving legal climate.
This LIVE Webcast will discuss the following:
- Litigation Finance: Statistics and Overview
- Recent Trends and Developments
- Critical Issues and Challenges
- Risk Mitigation Strategies
- Best Practices
- What Lies Ahead
Wendie Childress, Portfolio Counsel
Validity Finance LLC
- Litigation Finance: Statistics and Overview: Who is using litigation finance, how clients are using it, and key takeaways.
- Litigation Finance: Statistics and Overview: Addressing key misunderstandings about the industry, including the mechanics of funding (non-recourse, diligence process, assumptions used in making financing decisions) and misunderstandings re: ethical issues.
- Best practices for ensuring fairness to clients, including building trust and striving for transparency and equitable client returns.
- Best practices for assessing case risks, including taking a hard look and working through risks and potential ethical issues faced by clients and law firms.
- What Lies Ahead: Ways in which clients can use litigation finance, including portfolios and defense funding.
- What Lies Ahead: What to expect in terms of industry regulation in the future.
Edward A. Reilly Jr., Co-Founder & Principal
Themis Legal Capital
The Muddy Waters critique of Burford and Burford’s response offer insights into Issues and challenges, risk mitigation strategies and best practice in litigation finance – considerations for funders, claimants and investors
- Litigation finance investments are inherently opaque because of confidentiality concerns and their impact on strategy and outcome
- Litigation funders must incur significant expense to source and evaluate litigation investments, including broken deal expenses that have to be addressed in transaction pricing
- Litigation is an adversarial process and fraught with unexpected developments which must be anticipated and addressed by the funder
- It is difficult to predict with any meaningful certainty the ultimate outcome and pay-out of funded cases
- Funders must anticipate a range of outcomes including large returns, losses and modest returns
- Duration is difficult to predict and not indicative of outcome – cases are rarely over until funds are in hand
- Gerchen Keller move to contingent fee law firm format – what does that say?
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 …
As Portfolio Counsel in the Validity Houston office, Wendie works directly with clients and team members to evaluate the strengths and weaknesses of potential claims. A business trial lawyer with over a decade of trial experience, Wendie has a winning track record representing both defendants and plaintiffs in complex commercial litigation and arbitration. With a focus on business torts, contract, securities, and employment disputes for clients in a wide range of industries including healthcare, energy, construction, and financial services, Wendie has significant experience handling all aspects of litigation and has worked with clients across the country to quickly synthesize complex disputes to help clients understand the merits of their cases.
As Portfolio Counsel in the Validity Houston office, Wendie works directly with clients and team members to evaluate the strengths …
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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.
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 $300 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. For more, visit www.validity-finance.com.