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Introducing Fee Shifting Insurance
TheJudge May 13th, 2019

In 2017, TheJudge launched an insurance product specifically designed for parties involved in cases where the loser may be subject to an adverse award of attorneys’ fees. For example, because the arbitration clause or applicable statutory regime provides for fee … Continued

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An Insider’s Take on the Future of Litigation Finance
Brett McDonald March 15th, 2019

It is always interesting to hear the perspective and prognostications of people that are monitoring the litigation finance market. I recently read a synopsis of Ashby Jones, chief of the Wall Street Journal’s law bureau, comments on questions concerning the … Continued

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The Advantages of a Well-Capitalized or Insured Plaintiff
Brett McDonald March 15th, 2019

In recent years, litigation costs of large commercial legal disputes have been increasing quickly. Since 2008, billing rates at top law firms have increased 3-4% per year and the average rate for top partners now sits at $875/hr. Additionally, the … Continued

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Courts Continue to Deny Demands For Litigation Funding Disclosure
Brett McDonald March 15th, 2019

Despite the fact that litigation finance arrangements are rarely relevant to the claims and defenses of the underlying litigation, many defendants seek to compel their disclosure because of the obvious strategic advantage to be gained. Despite some outliers, courts and … Continued

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Arbitration Finance – October Update
TheJudge October 19th, 2018

Funded Claimants in BIT claim against Venezuela ordered to pay Security for Costs – a sign of things to come in BITs going forward? In this article, Matthew Amey discusses recent cases focusing on the increasingly important issue of the … Continued

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NYC Bar Opinion says Law Firm Litigation Finance may be Unethical
Brett McDonald October 17th, 2018

The New York City Bar Association’s Professional Ethics Committee (NYCBA) has recently issued an opinion which may affect litigation finance arrangements. In its Formal Opinion 2018-5, entitled ‘Litigation Funder’s Contingent Interest in Legal Fees’, the NYCBA concluded, “a lawyer may … Continued

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Takeaways from Litigation Finance Dealmakers Forum 2018
TheJudge October 16th, 2018

The inaugural Litigation Finance Dealmakers Forum took place in New York on September 17th and 18th, 2018. The two-day event covered a broad range of topics and issues related to litigation finance and was well-attended by a mixture of litigation attorneys, … Continued

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7th World Litigation Forum in San Francisco October 24th and 25th, 2018
TheJudge October 16th, 2018

James Blick, Director, and Brett McDonald, VP and General Counsel, of TheJudge’s US team are excited to speak at the forthcoming 7th World Litigation Forum in San Francisco on October 24th and 25th. James Blick will be speaking on the panel ‘Litigation … Continued

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Developments in Corporate Litigation Finance
TheJudge June 22nd, 2018

The origins of the litigation finance industry lie in the distressed litigation space. Now the industry has become mainstream, and litigation funders have been increasingly focused on advertising the benefits of using external capital to blue chips and multinationals. Major … Continued

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In the press
Developments in Corporate Litigation Finance
TheJudge June 22nd, 2018

The origins of the litigation finance industry lie in the distressed litigation space. Now the industry has become mainstream, and litigation funders have been increasingly focused on advertising the benefits of using external capital to blue chips and multinationals. Major … Continued

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Litigation Finance in 2018: Shifting Sands and Opportunities
James Blick May 15th, 2018

This year could be an important one for the litigation finance industry. Although the market has now achieved general acceptance and is arguably approaching maturity, 2018 is likely to bring new challenges for funders as well as increased competition, both … Continued

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Litigation finance continued to pick up steam this year
Brett McDonald January 15th, 2018

At its current rate of growth, 48 percent of firms in the US could use litigation finance in 2018. 2017 IN REVIEW According to surveys, in 2017, 37 percent of companies or law firms across the U.K., the U.S. and … Continued

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Why Insurers Target Mid-Market Litigation
Brett McDonald November 22nd, 2017

There are many examples of litigation finance companies raising billions in capital and financing large securities, antitrust and arbitration cases. While these matters make headlines, they are not necessarily relevant to the majority of plaintiffs who may be interested in … Continued

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‘Move over, please?’ Law Firms Get a Seat at the Litigation Finance Table
James Blick September 26th, 2017

James Blick and Erika Levin discuss contingency fee insurance in the New York Law Journal The U.S. and global litigation finance markets have exploded. In less than a decade, third-party funding has moved from the dusty fringes to center stage … Continued

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