Industry Articles

THE NEW NORMAL: The Legal Innovation Ecosystem: 10 Actors & Their Roles – An Early Review

ABA JOURNAL – Litigation finance companies (4): The dark horse of the legal innovation ecosystem will be the litigation finance companies like Parabellum, Burford and others who will drive greater transparency in commercial litigation. An awful lot of litigation is driven by fear or organizational inertia, not a rational calculus of what's at stake. The litigation finance folks could catalyze major change in how companies think about litigation. READ MORE

Federal judge: Discussions with litigation funders are privileged

ON THE CASE – Litigation funders don’t act as attorneys, yet they typically engage in discussions with lawyers for the parties whose claims they’re backing. Are those talks protected by privilege? And what about work product shared with outside funders? Does it lose protection because the financiers aren’t acting as attorneys? District courts from Delaware to Texas have reached different conclusions on the issue. READ MORE

RAND: Alternative Litigation Financing in the United States

RAND – Little is known, however, about the social benefits and costs of alternative litigation financing (ALF)currently, and even less is clear about the likely future effects. This paper describes – to the extent that available information allows – the only three segments of the U.S. ALF industry that appear to be fairly active as of early 2010, all of which provide support to plaintiffs or their lawyers. It also reviews policy issues related to […] Read On