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
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
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
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
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
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
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
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
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
The difficulty in valuing a given litigation is well known, but it is important to recognize the three different sources of uncertainty. First is the basic question of the amount in controversy and all the ways that the judge, jury … Continue reading
