HomeWebcastThe Rise of Litigation Finance: Demystifying Emerging Issues
Online CLE Litigation Finance CLE

The Rise of Litigation Finance: Demystifying Emerging Issues

Live Webcast Date: Monday, September 23, 2019 from 12:00 pm to 1:30 pm (ET)
Finance (CPE)Litigation (CLE)Recording

Online CLE Litigation Finance

Join us for this Knowledge Group Online CLE Litigation Finance Webinar. 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 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

Agenda

SEGMENT 1: 
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.

SEGMENT 2: 
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?

Who Should Attend

  • In-House Legal Teams
  • Litigation/Arbitration Funders
  • Corporate Counsels
  • Law Firms
  • Business Owners
  • CEOs
  • Managing Partners
  • SMEs and Investors
  • Litigators
  • Multinational Corporations and Organizations

Online CLE Litigation Finance

SEGMENT 1: 
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.

SEGMENT 2: 
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?

Online CLE Litigation Finance

Online CLE Litigation Finance

Edward A. Reilly Jr.Co-Founder & PrincipalThemis Legal Capital

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

Online CLE Litigation Finance

Wendie ChildressPortfolio CounselValidity Finance LLC

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.


Click Here to Read Additional Material

Online CLE Litigation Finance

Course Level:
   Intermediate

Advance Preparation:
   Print and review course materials

Method Of Presentation:
   On-demand Webcast

Prerequisite:
   NONE

Course Code:
   148203

NY Category of CLE Credit:
   Areas of Professional Practice

Total Credits:
    1.5 CLE

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About the Knowledge Group

The Knowledge Group

The Knowledge Group has been a leading global provider of Continuing Education (CLE, CPE) for over 13 Years. We produce over 450 LIVE webcasts annually and have a catalog of over 4,000 on-demand courses.

About the Knowledge Group

The Knowledge Group

The Knowledge Group has been a leading global provider of Continuing Education (CLE, CPE) for over 13 Years. We produce over 450 LIVE webcasts annually and have a catalog of over 4,000 on-demand courses.

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.

Website: https://validity-finance.com/

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

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.

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