Authored Articles of Interest

On April 3, 2018 the Wisconsin State Legislature passed an omnibus judicial reform law, Wisconsin Act 235. Among many tweaks to the judicial rules in Wisconsin, the law contained a provision requiring litigants to “provide to the other parties any agreement” under which third-party funders are entitled to share in any earnings from a civil… Continue Reading

Third party litigation finance was originally conceived in Australia to enable distressed companies to pursue valid claims. In that market where lawyers do not work on contingent fees and where the loser risks paying the winner’s legal fees, third party funding offered the only avenue for the distressed company to pursue its claim to resolution.… Continue Reading

In late 2007 Juridica Investments Limited launched its initial public offering and commercial litigation finance got its kick-start in the US market. Initially the idea of commercial litigation finance faced skepticism because of a general lack of awareness of how it would work and how it might affect the dynamics of the US judicial system.… Continue Reading

We have previously written about how Claim Based Funding can make it more advantageous for portfolio companies of Venture Capital and Private Equity Funds to pursue meritorious litigation. This is particularly relevant to cases that may not otherwise been pursued because of the sponsor’s liquidity objectives and aversion to impairing EBITDA at the portfolio company.… Continue Reading

A strong case can be made that law firms, when pitching new business or discussing fee structures with their existing clients, should integrate a discussion of the availability of litigation finance as part of menu of alternative fee arrangements that the firm can offer. Doing so will demonstrate that the firm is a thought leader… Continue Reading