Litigation Finance Insights

Litigation Finance Industry Outlook: Q4 2020

Throughout 2020, the litigation finance industry became even more deeply rooted in the U.S. legal system, as courts and bar associations continued to recognize the potential upside of increased access to third-party funding...

Investing

Litigation Finance Industry Outlook: Q3 2020

Over the course of an unprecedented year, the litigation finance landscape has remained highly active within the context of a sustained global pandemic, the emergence of a “new normal,” volatile but robust capital markets activity, and a unique U.S. presidential election...

Investing

Litigation Finance Industry Outlook: Q2 2020

The litigation finance industry occupied the forefront of legal and investor media coverage during the past quarter, as demand on both sides of the marketplace continued to increase due to ongoing capital market volatility...

Investing

Litigation Finance Industry Outlook: Q1 2020

Even in a period of reduced liquidity, alongside a flight to assets such as U.S. dollars and government debt, investor demand for litigation related assets has remained strong--an assertion echoed by fellow litigation funders...

Financing Lawsuits

How Do Litigation Funders Evaluate New Cases?

Few things contribute more directly to the success of litigation funders and their investors than the steps taken to evaluate the cases they ultimately choose to finance. In assessing new investment opportunities, litigation..

Financing Lawsuits

How Litigation Finance Can Benefit Law Firms with Arrears

Wistfully gone are the days when attorneys could set up a successful law practice with nothing more than office space, a desk and chairs, an assortment of legal pads and pens, and a..

Litigation Finance

Litigation Finance Trends To Watch In 2018

This article by LexShares’ co-founders Jay Greenberg and Max Volsky was first published on Law360 and is available here. The year 2017 was undoubtedly a landmark year for litigation finance. By all measures,..

Financing Lawsuits

Looking Beyond the Almighty Billable Hour: Alternative Fee Arrangements

As mindful of precedent as attorneys and the legal profession must be, change does not often come easily. For many, billing clients by the hour has become as much a staple of the..

Litigation Finance

Eyeing the Beholder: Accounting for the Pivotal Role Judges Play in a Lawsuit

If the courtroom drama of a lawsuit could be reduced to the ever-shifting balance between Lady Justice's scales, the judge would be the fulcrum. A judge maintains order over the proceeding and ensures..

Litigation Finance

Making the Rain Fall (and Keeping It): Using Litigation Finance to Bring Your Cases With You to Solo Practice

It's a classic axiom applicable to nature and the traditional law firm structure alike: you eat what you kill. While this adage, in its legal context, usually alludes to the heavily results-based reward..

Financing Lawsuits

How to Fund a Business Tort Lawsuit

As many daily headlines in the business sections of newspapers across the country will attest, business is not for the faint of heart. Meticulously planned deals can fall through at the eleventh hour;..

Litigation Funding

4 Things Every Plaintiff Should Know About LexShares Litigation Finance

1. Litigation finance from LexShares can help with your business or living expenses as well as cover out-of-pocket costs of litigation. Even the strongest case may not succeed if you or your business..

Litigation Finance

Evolving Opportunities for Litigation Finance in Germany, Singapore, and Hong Kong

Mounting acceptance, availability, and reliance on litigation finance has made it progressively easier for claimants across the globe to obtain the funding they need to pursue their claims to just and equitable conclusions...

Litigation Finance

The Benefits of International Arbitration – and How Litigation Finance Can Help

Although used as a method of dispute resolution as far back as Plato's time, arbitration has grown into a 21st-century institution. Especially on the international scene, where claimants range from individuals to nation..

Attorney-Client Privilege

How Does Sharing Information with Litigation Funders Affect the Attorney-Client Privilege and Attorney Work Product Protection?

The safeguards against discovery provided by the attorney-client privilege and attorney work-product protection have long been cornerstones of modern legal practice in the United States..

Litigation Funding

Diversification, Uncorrelated Assets, and Litigation Funding

Financial advisors have always stressed the importance of mitigating risk by diversifying portfolios through investment in a wide range of uncorrelated assets. Nowhere is this point illustrated more saliently than in times of..

Financing Lawsuits

Resources Matter When Bringing Investment Fraud Lawsuits

By far, the most valuable commodity in an investor’s portfolio is trust. All successful investors trade in it. Trust in company financial reporting, executive statements, brokerage advice, and other public sources of..

Whistleblower Lawsuits

How to Fund a Whistleblower or Qui Tam Lawsuit

No matter how civilized society may seem, the sad truth is that malfeasance happens every day. Yet only a small proportion of wrongdoings ever see the light of day, much less the full..

Freeze Out

Financing Squeeze-Out or Freeze-Out Lawsuits Intelligently

Like any relationship, business partnerships will wax and wane. Priorities and alliances can shift, and shareholders whose interests initially align with the majority could easily find themselves at odds with them. In the..

Litigation Finance

Litigation Finance -- Following the Smart Money

Sometimes it takes a high profile individual to bring an under-reported topic to the forefront. When it was discovered that billionaire entrepreneur, venture capitalist, and hedge fund manager Peter Thiel has been investing..

Litigation Finance

How to Finance Breach of Contract Lawsuits: Litigation Finance Through LexShares

Contracts are usually struck with the greatest of intentions, but often reality gets in the way. A data center vowing to safeguard its clients’ information may neglect to update its firewalls against an..

Litigation Finance

What is Litigation Finance? An Attractive New Asset Class for Accredited Investors

Litigation finance for commercial lawsuits—also called lawsuit financing or litigation funding—is a powerful and distinctive form of investment that traditionally has been available only to law firms and institutions with considerable..

Litigation Finance

A New Litigation Finance Model for Business Disputes

Business litigation is always a costly proposition. Although fraught with risk, it often represents a party’s only hope for redressing wrongs. The decision to bring suit is a momentous one, with the..

Litigation Finance

Litigation Finance and the U.S. Legal Industry

The U.S. legal industry is vast. The combined value of all verdicts, settlements, attorneys’ fees, and billings for non-lawyer legal services would easily eclipse the GDP of Switzerland. Within its courtrooms each..

Litigation Finance

Introduction to Litigation Finance

In a world where access to justice often depends on money, legal finance makes justice accessible to claimants who would otherwise lack the resources to attain it on their own. Eighty-one percent of..