Insight. Analysis. Strategy.

In celebration of Women’s History Month, Curiam Capital is proud to honor the progress made by women in the legal profession. We highlight two of our colleagues who have been instrumental to the success of Curiam Capital and to the field of litigation finance. “I was drawn in [to litigation finance] by the challenge of […]

With competition in the legal industry on the rise (among law firms and also between law firms and alternative legal service providers), and changes resulting from the pandemic, lawyers must adapt to stay competitive. Clients now expect that law firms will offer alternative fee arrangements that encourage efficient and high-quality work product, while providing predictability […]

In the spring of 2019, High Performance Counsel asked its #ThinkTank Faculty, of which I was a part, their wildest prediction for the state of the legal industry through year-end 2020.  I predicted that non-traditional legal service providers would double their share of the legal services market and force law firms to rethink how to […]

Documentation Claimants and Attorneys Should Provide Funders Because patent holders may face large, well-capitalized defendants who have unlimited resources to fight litigations claims, patent litigants have historically been at the forefront of pursuing third-party litigation financing to prosecute their cases.  As the litigation financing industry has grown, patent litigation continues to be heavily sought after […]

My industry colleagues wrote a great article on LAW360 that attorneys and claimants should read before presenting a case to a litigation funder.  See https://www.law360.com/articles/1278450/practical-tips-for-presenting-your-case-to-litigation-funders.  Below are some thoughts, with specific examples of how this comes up in practice, that will provide additional guidance to those seeking funding.    (1) Do not try to hide […]

Above The Law published its annual Litigation Finance Survey report for 2020.  There are some notable takeaways from the report that all show the increasing traction of the litigation finance industry over the past year.  The survey results included the following: 69.79% of respondents have firsthand experience working with a litigation finance firm.  That’s a […]

A recent Law360 article[1] discussed the implications of a New York Bar Association report finding that the percentage of women in lead counsel roles in court cases in New York state has not increased significantly over the last three years and remains stuck around 25%.  When you look at this statistic for private practice lead […]

On June 3, 2020, the Minnesota Supreme Court abolished, under Minnesota law, the common law doctrine that champertous agreements are unenforceable. This is an important decision for the litigation funding industry, and the Court’s opinion highlighted certain benefits of litigation funding.   Champerty is defined as “an agreement to divide litigation proceeds between the owner […]

While litigation finance is now commonly discussed and considered in the legal industry, many people still have questions about what it is, how it works, and why it is financially beneficial to claimholders and law firms.  This post will discuss these basic questions for single-case commercial litigation funding, and later posts will discuss certain aspects […]

The New York City Bar Association, one of the nation’s most influential legal associations with 24,000 members, created a working group in January 2019 to study litigation funding. The forming of this working group was important as the New York City Bar Association had previously issued a controversial non-binding opinion stating that litigation finance could […]