Authored Articles of Interest

Themis Legal Capital evaluates potential Claim Based Funding transactions using its proprietary Case Assessment Protocol. The protocol provides Themis, our potential counter-parties and their attorneys with an efficient and systematic process to develop a clear understanding of the merits of the claim, the true measure of damages and other relevant matters in order to underwrite… Continue Reading

This paper addresses regulatory and related considerations affecting or potentially affecting the commercial Claim Based Funding business in the US. We do not address any regulatory issues affecting the consumer litigation funding business which provides funding to individuals who typically are victims of torts and require a modest amount of funding for personal expenses pending… Continue Reading

What can a company do when it is the victim of a material commercial wrong and the cost of pursuing a legal solution to fairly remedy the harm will put a significant strain on the company’s financial resources? The solution may be to turn to Themis Legal Capital or a handful of similar companies that… Continue Reading

Ultimately, I agree with your conclusion that the parties to a litigation funding agreement must contractually negotiate the scope of their respective duties. I believe, however, that for several reasons those duties should be contractual and tailored to the specific transaction rather than a blanket application of common law fiduciary duties. First, let me say… Continue Reading

We are pleased to share Themis Legal Capital’s first periodic update on the state of the market for Claim Based Funding – the capital and risk management solution for companies engaged in large, meritorious, commercial disputes. The update highlights three recent developments that collectively demonstrate the growing awareness of claim based funding as a financial… Continue Reading