What Makes a Case Attractive to Litigation Funders?

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Satirical news outlet The Onion made a rare foray into serious matters this month when its lawyers filed an amicus curiae brief in Novak v. City of Parma, which challenges the prosecution of an Ohio man over a parody Facebook page.

Among other highlights, the brief refers to the federal judiciary as "total Latin dorks" and claims that The Onion commands 4.3 trillion daily readers. Impressive.

With a relatively humble readership of 20,000, The Slip Opinion will leave parody to the humorists in this month's very genuine newsletter.

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NEWS

LAW.COM →
What Makes a Case Attractive to Litigation Funders?
Law.com spotlights a number of key insights uncovered in LexShares' new market intelligence report, The Litigation Funding Barometer, including the investment appeal of trade secrets, antitrust, and contract lawsuits in federal jurisdictions.

LAW.COM →
As 'Crypto Winter' Drives Insolvency and Fraud, Lawyers Find New Ways of Tracking Decentralized Assets
The fall of cryptocurrency prices over the course of 2022 has already pushed major industry players to bankruptcy. Litigation funders are investing in claims and helping practitioners fund actions against alleged fraudsters.

BLOOMBERG LAW →
Litigation Finance Gains Traction in Patent Infringement Cases
Patent disputes represent one of the fastest-growing sectors of the funding market, with the number of funder-backed patent claims rising more than 60% in the past two years.

LAW.COM →
Delaware Patent Filings Decline as Connolly Turns Heat on Litigation Funding
In contrasting news, Delaware Chief U.S. District Judge Colm Connolly's efforts to require disclosure of funding in his courtroom have caused a 5% decrease in the state's share of U.S. patent filings since Q1.

INSIGHTS

TECHNICALLY LEGAL PODCAST →
Building a Litigation Finance Program at BigLaw Based on Project Management Principles
Angela Floessel, Global Director of Pricing and Legal Project Management at Morrison Foerster, describes how her firm implemented a litigation finance program with a formalized funding committee and due diligence protocol.

LAW.COM →
Lookout for Opt-Outs: Legal Finance and Class Actions
Commercial claimants that opt out of class actions are three times more likely to use litigation finance than those remaining in the class, according to a new industry report.

ALSO WORTH YOUR TIME

WALL STREET JOURNAL →
Google Case Before High Court Could Reshape Internet Economy
Google, Facebook and fellow digital behemoths are anxiously awaiting the Supreme Court's ruling on Section 230. A repeal of the federal liability shield law would hold tech companies liable for harmful content hosted on their platforms.

More from the LexShares team: Exploring Litigation Funding Disclosure in Delaware

LexShares

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All accredited investors using the Site must acknowledge the speculative nature of these investments and accept the high risks associated with investing in legal claims including but not limited to concentration risk, lack of control over the prosecution of underlying claims and claimant's inability to assert and collect on their claims. Investment opportunities posted on this Site are “private placements” of securities that are not publicly traded, are subject to holding period requirements, and are intended for investors who do not need a liquid investment. The plaintiff may not prevail in their lawsuit, resulting in a loss of invested capital for investors. Investors must be able to afford the loss of their entire investment without a change to their lifestyle. Diversification does not guarantee profits or protect against losses. The securities are offered pursuant to an exemption from the registration requirements of the Securities Act of 1933, as amended, and are not required to comply with specific disclosure requirements that apply to registration under the Securities Act. Neither the US Securities and Exchange Commission nor any state regulator or other regulatory body has passed upon the merits of or given its approval to the securities, the terms of the offerings, or the accuracy or completeness of any offering materials. Neither LexShares nor any of its directors, officers, employees, representatives, affiliates or agents shall have any liability whatsoever arising, for any error or incompleteness of fact or opinion in, or lack of care in the preparation or publication, of the materials and communication herein or the or that the valuation of any securities offering is appropriate. LexShares does not give investment advice, provide analysis or recommendations regarding any offering posted on the Site. Prior results are not indicative of future performance; actual results may vary materially. Any testimonials are examples from clients or press, and may not be representative of your experience. They are not a guarantee of performance and they have not been compensated for their testimonials. Articles or information from third-party media outside of this domain may discuss LexShares or relate to information contained herein, but LexShares does not approve and is not responsible for such content. Hyperlinks to third-party sites, or reproduction of third-party articles, do not constitute an approval or endorsement by LexShares of the linked or reproduced content. The Site may contain “forward looking statements” which are not guaranteed. IRR reflects the annualized rate of return per the xirr Excel function. All investors should make their own determination of whether or not to make any investment, based on their own independent evaluation and analysis. You are strongly advised to consult your legal, tax and financial advisors before investing. The securities offered on this Site can only be marketed in jurisdictions where public solicitation of offerings are permitted; it is solely your responsibility to comply with the laws and regulations of your country of residence.

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What Makes a Case Attractive to Litigation Funders?

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