Authored Articles of Interest

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

It seems that, collectively, we have identified some challenges to the milestone concept for litigation funding – at least in the market as it currently operates. First, we seem to agree that the litigation funding market today is quite thin. Neither claimants nor funders therefore, cannot assume that other investors will be available to carry… Continue Reading