Thank You

Posted on by | 1 Comment | View Comments

Dear Contributors, Commentators, and Readers: Thank you. This project has been very exciting and interesting for us, but now that the model contract has been fully revealed, discussed, and readied for publication in the Iowa Law Review, we will cease … Continue reading

Who Cares If A Litigation Finance Contract Is A Security?

Posted on by | No Comments | View Comments
This post is the final of three by Prof. Couture on the relationship of litigation finance contracts to the Securities Laws.

This post is drawn from the following article: Wendy Gerwick Couture, “Securities Regulation of Alternative Litigation Finance,” Securities Regulation Law Journal (forthcoming).  To download the full article, please click here. As I discussed in my first post, a litigation finance … Continue reading

Does Litigation Finance Implicate the Policies Underlying the Securities Laws?

Posted on by | No Comments | View Comments
This post is the second of three by Prof. Couture on the relationship of litigation finance contracts to the Securities Laws. The final one will be published on Thursday October 10.

This post is drawn from the following article: Wendy Gerwick Couture, “Securities Regulation of Alternative Litigation Finance,” Securities Regulation Law Journal (forthcoming).  To download the full article, please click here. In my prior post, titled “Are Litigation Finance Contracts Securities?”, … Continue reading

Are Litigation Finance Contracts Securities?

Posted on by | No Comments | View Comments
This post is the first of three by Prof. Couture on the relationship of litigation finance contracts to the Securities Laws. The next two will be published on Monday October 7 and Thursday October 10.

This post is drawn from the following article: Wendy Gerwick Couture, “Securities Regulation of Alternative Litigation Finance,” Securities Regulation Law Journal (forthcoming).  To download the full article, please click here. Maya Steinitz and Abigail Field make the compelling case in … Continue reading

Part 3, Perfecting Security Interests: Exceptions and Enforcement

Posted on by | No Comments | View Comments
We have asked Max Volsky to write about how to create and perfect a security interest in litigation proceeds. This is Part III of his response.

Once created, a security interest becomes a claim or lien on the settlement proceeds. Individual tort and commercial cases can be subject to numerous liens from attorneys, medical providers, other legal finance companies, government entities, and private individuals. In addition, … Continue reading

Part 2, Perfecting Security Interests: Notice to the Attorney, and the Uniform Commercial Code

Posted on by | No Comments | View Comments
We have asked Max Volsky to write about how to create and perfect a security interest in litigation proceeds. This is Part II of his response.

In Part 1, I discussed the purpose and creation of security interests in claims. In this part, I will examine the additional steps required to perfect a security interest, thus making it effective in the event of payment default by the … Continue reading

Pricing Legal Claims IV: Staged Funding Addresses the Nonmonotonic Trajectory of Claim Value

Posted on by | No Comments | View Comments
This essay should be cited as Maya Steinitz, How Much is that Lawsuit in the Window? Pricing Legal Claims, Vand. L. Rev. (forthcoming, 2013) available here: http://papers.ssrn.com/sol3/papers.cfm?abstract_id=2310244

As I noted in the last post, the ‘active managers’ accounted for by the real options approach want the flexibility to calibrate their investments in litigation to developments in the case at hand and the portfolio as a whole. Fully … Continue reading

Pricing Legal Claims III-Staged Funding and the Link to Options Analysis

Posted on by | No Comments | View Comments
This essay should be cited as Maya Steinitz, How Much is that Lawsuit in the Window? Pricing Legal Claims, Vand. L. Rev. (forthcoming, 2013) available here: http://papers.ssrn.com/sol3/papers.cfm?abstract_id=2310244

A paradigm shift is underway regarding claim valuation, from viewing claims as assets to real options. The asset approach, while accurate and workable at a basic level, oversimplifies the reality of litigation by treating all the decisions involved as essentially … Continue reading

Pricing Legal Claims Part II – Valuation Biases and Heuristics

Posted on by | No Comments | View Comments
This essay should be cited as Maya Steinitz, How Much is that Lawsuit in the Window? Pricing Legal Claims, Vand. L. Rev. (forthcoming, 2013) available here: http://papers.ssrn.com/sol3/papers.cfm?abstract_id=2310244

In the last post, I noted that three different sources of uncertainty affected efforts to appropriately value claims: the amount in controversy, as influenced by the revealed facts and relevant decision makers; the uncertain amount in litigation costs; and the … Continue reading

  • © 2014 Maya Steinitz All Rights Reserved
  • Designed By: MWD Affordable Web Designs