Description

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.

This title is included in Bloomsbury Professional's Practice and Procedure online service.

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

Product details

Published 01 Dec 2020
Format Ebook (PDF)
Edition 1st
Extent 456
ISBN 9781526515278
Imprint Bloomsbury Professional
Publisher Bloomsbury Publishing

About the contributors

Author

Steven Friel

Steven Friel is Chief Executive Officer at Woodsfo…

Contributor

Professor Anthony Sebok

Anthony Sebok, Cardozo School of Law, Yeshiva Univ…

Contributor

David Capper

David Capper is Reader in Law, Queen’s University…

Contributor

Jonathan Barnes

Jonathan Barnes is Chief Operating Officer and Gen…

Contributor

David Siffert

David Siffert, New York University School of Law –…

Contributor

Eric Schuller

Eric Schuller, President, The Alliance for Respons…

Contributor

Lucy Pert

Lucy Pert, Hausfeld, London, UK Lucy, partner at…

Contributor

Zachary Krug

Zachary Krug, Woodsford, London A trial litigator…

Contributor

Simon Walsh

Simon Walsh, Cadwalader, Wickersham & Taft Si…

Contributor

Alex Lempiner

Alex Lempiner, Woodsford, Philadelphia Alex Lempi…

Contributor

Ravi Nayer

Ravi Nayer, Partner, Brown Rudnick LLP, London Ra…

Contributor

Razzaq Ahmed

Razzaq Ahmed is an associate in Brown Rudnick’s Li…

Contributor

Christian Toms

Christian Toms, Partner, Brown Rudnick LLP, London…

Contributor

Ben Summerfield

Ben Summerfield, Partner, Reed Smith LLP, London …

Contributor

Emma Shafton

Emma Shafton, Associate, Reed Smith LLP, London F…

Contributor

Robin M. Davis

Robin M. Davis, Esq., Senior Investment Officer, W…

Contributor

Neill Shrimpton

Neill Shrimpton, Partner, Brown Rudnick LLP, Londo…

Contributor

Imogen Winfield

Imogen Winfield, Associate, Brown Rudnick LLP, Lon…

Contributor

Charlie Morris

Charlie Morris, Chief Investment Officer, Woodsfor…

Contributor

Andrew Hill

Andrew Hill, Partner, Fox Williams Andrew is a Pa…

Contributor

Philippa Beasley

Philippa Beasley, Associate, Reed Smith LLP, Londo…

Contributor

Mark Spiteri

Mark Spiteri, Commercial and Finance Director, Woo…

Contributor

Alex Hickson

Alex Hickson, Woodsford, London Alex is an Invest…

Contributor

Jared Wade

Jared Wade, Partner, Vault Group LLP Jared Wade i…

Contributor

Walter Mansfield

Walter Mansfield, Partner, Vault Group LLP Walter…

Contributor

David Tran

David Tran, Tax Director, BDO UK LLP David is a U…

Contributor

John Middlemass

John Middlemass, Tax Manager, BDO UK LLP John is…

Contributor

Anisha Patel

Anisha Patel, Associate, Fox Williams Anisha is a…

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