Insights & Commentary

November 12, 2020
Law Firms Building (or Discussing) a Contingency Practice Should Consider These 5 Points

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 […]

October 6, 2020
Prediction on State of the Legal Industry Validated

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 […]

July 27, 2020
Basics of Patent Litigation Funding

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 […]

June 26, 2020
Presenting a Case to a Litigation Funder

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 […]

June 22, 2020
2020 Litigation Finance Survey Report

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 […]

June 17, 2020
Litigation Finance as Business Development Tool to Support Advancement of Women in Law Firms

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 […]

June 10, 2020
Minnesota Supreme Court Abolishes Ancient Doctrine of Champerty and Finds Litigation Funding Agreement Enforceable

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 […]

May 22, 2020
New to Litigation Finance? Start Here.

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 […]

March 9, 2020
NYC Bar Association Working Group Endorses Litigation Finance

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 […]

October 19, 2018
Need Litigation Finance? Don’t Skip These 5 Steps

As it appeared in Law360 By Molly Pease Litigation finance has garnered increased acceptance in the business world and many companies find themselves applying for financing for the first time. The process is not difficult, but few do it right. How can you best position your company to get approval for litigation financing? And how […]