The Law and Business of Litigation Finance considers the international development of the law and practice of high value litigation and arbitration funding. It is an essential guide for those who provide or seek such funding, as well as for anyone who wishes to understand the litigation funding process and to avoid pitfalls.
It answers questions such as: - How do litigation funders raise capital and how do they spend it? - What are their corporate and financial structures? - What type of cases do they invest in and what are their returns? - What are the key legal issues relating to litigation funding?
The Law and Business of Litigation Finance assists various parties, including: - Those who do not have the resources or risk appetite to proceed in litigation or arbitration without financial support - Law firms who are interested in a significant business development opportunity, and fairer outcome for litigants - Insolvent estates, whose biggest assets are their potential claims - Judges, arbitrators and other neutral parties in funded dispute resolution cases - Regulators, legislators and policymakers in the fields of legal and financial services - Investors who seek high risk, high return opportunities
The book is edited by one of the most accomplished litigation funders in the international market and has contributions from leading experts drawn from legal practice, financiers and academia. The focus is on the UK and the US, the two main centres for the international litigation funding industry, with reference to Australia, New Zealand and other select jurisdictions.
As the first book on litigation finance to take an international, and particularly transatlantic, perspective, this is a must-have guide for all lawyers, commercial court judges, legal policy makers, regulators, investors, and academics in these jurisdictions.
Read an extract of The Law and Business of Litigation Finance
Table of Contents
Chapter 1: Introduction - Steven Friel, Chief Executive Officer, Woodsford Chapter 2: A brief history of third-party litigation funding in the UK, US and elsewhere in the common law - David Capper, Queen's University Belfast; Anthony Sebok, Cardozo School of Law, Yeshiva University, New York Chapter 3: Regulation and legislation A: England - Jonathan Barnes, Chief Operating Officer and General Counsel, Woodsford, London B: The United States - David Siffert, New York University School of Law - Center on Civil Justice; Eric Schuller, The Alliance for Responsible Consumer Legal Funding C: Australia, Hong Kong, Singapore and global - Jonathan Barnes, Chief Operating Officer and General Counsel, Woodsford, London Chapter 4: Third-party litigation financing and lawyers' ethical obligations - Lucy Pert, Hausfeld, London; Anthony Sebok, Cardozo School of Law, Yeshiva University, New York Chapter 5: Privilege and confidentiality - Simon Walsh, Cadwalder, Wickersham & Taft; Zachary Krug, Woodsford, London Chapter 6: The litigation funding agreement - Alex Lempiner, Woodsford, Philadelphia; Jonathan Barnes, Woodsford, London Chapter 7: Adverse costs and security for costs - Steven Friel, Chief Executive Officer, Woodsford Chapter 8: Other methods of financing litigation A: State funding - Ravi Nayer, Partner, Brown Rudnick LLP; Razzaq Ahmed, Associate, Brown Rudnick LLP B: Pro bono, philanthropic, charitable and 'revenge' funding - Ravi Nayer, Partner, Brown Rudnick LLP; Razzaq Ahmed, Associate, Brown Rudnick LLP C: Insurance - Christian Toms, Partner,Brown Rudnick LLP D: Contingency and confidential fee arrangements - Ben Summerfield, Partner, Reed Smith LLP; Emma Shafton, Associate, Reed Smith LLP Chapter 9: Types of litigation and arbitration that attract and are attractive to litigation finance A: Patent litigation - Robin M. Davis, Esq., Senior Investment Officer, Woodsford, Philadelphia B: Insolvency - Christian Toms, Partner,Brown Rudnick LLP C: Treaty arbitration - Neill Shrimpron, Partner,Brown Rudnick LLP; Imogen Winfield, Associate, Brown Rudnick LLP D: Class actions - Charlie Morris,Chief Investment Officer, Woodsford; Andrew Hill, Partner, Fox Williams; Anisha Patel, Associate, Fox Williams Chapter 10: The users of litigation finance – who, where, when and why? - Philippa Beasley, Associate, Reed Smith LLP; Ben Summerfield, Partner, Reed Smith LLP Chapter 11: The investors in litigation finance - Mark Spiteri, Commercial and Finance Director, Woodsford London Chapter 12: High risk, high return - Alex Hickson, Woodsford London Chapter 13: Tax - Jared Wade, Partner, Vault Group LLP; Walter Mansfield, Partner, Vault Group LLP; David Tran, Tax Director, BDO UK LLP; John Middlemass, Tax Manager, BDO UK LLP