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
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
Introduction Many lawsuit funding deals involve the plaintiff assigning a portion of his or her future recovery to a funder in exchange for an upfront investment. Investors who bet on the outcome of litigation make money by collecting from the … Continue reading
The lack of a vibrant reputation market means that Plaintiffs should do significant due diligence on any potential funder. Plaintiffs need to attempt to assess: a) the funder’s financial capacity to make good on its funding promises, as funders do … Continue reading
Reputation markets can play a large and crucial role in the healthy functioning of a litigation finance market. One way reputation markets can emerge, given the current secrecy that characterizes this market, is through brokers, who by their repeat play … Continue reading
Richard Painter has given very useful guidance on the the interaction of securities laws and a possible litigation funding marketplace based on litigation proceed rights. Because of the breadth of topics covered, we decided it would be useful to tie it all … Continue reading
Q: If the only investors are specialized litigation finance firms, are there any issues regarding investment advisor status or suitability (for either the funder or the law firm)? If not, when if ever are such issues implicated? Does it matter … Continue reading
