Category Archives: Public
Most firms do their best to avoid court and lawyers whenever possible. This is not an unreasonable attitude; after all lawyers and expert legal help are very expensive. This is even more true for major corporations, most of which spend a sizable amount every year on their legal department. This is the reality of the world we live in today; commercial disputes are part of the business environment and there is no way to avoid it, and litigation finance accounting plays an important role in that environment.
Editor’s Note: This article is the sixth in a series forming a litigation finance primer for parties new to the space. For the first article in the series, click here.
Exceptions to the doctrine prohibiting champerty are not new. The first commonly allowed exception to champerty cam very early on in United States History with attorneys being allowed to represent people seeking monetary damages on what is called a contingency basis.
In many jurisdictions outside the United States the potential upsides and downsides in litigation are substantially different. In countries where the legal system is based in common law, litigants have to consider the costs of losing not just as what are the potential damages they may face, but also the prospect that if they lose they may be paying the bulk of the legal costs for the other side as well. This changes the prospect of litigation dramatically since it creates the possibility of a real cost for plaintiffs in a suit. That factor also highlights important advantages of litigation finance.
Litigation financing is a new industry which has only emerged onto the world scene in the last fifteen years. Despite its position as a new industry, or perhaps because of it, the uses of litigation finance are still relatively fluid and subject to change. These changes can be small and relatively insignificant, such as the disclosures now required in California as of earlier this year, or vast and paradigm shifting such as the advent of defense-side funding and portfolio financing.
Editor’s Note: This article is the fourth in a series that will act as a primer on litigation finance for parties new to the space. For the first article in the series, click here.
Lawsuit alleges developers ignored warnings about bad soil, rendering new homes uninhabitable Despite warnings, Casper real estate developers allegedly built improper foundations on new homes that are now becoming impossible to occupy, according to a lawsuit filed Monday by eight plaintiffs CenterCal files lawsuit, $14 million claim against Redondo Beach over waterfront plan Three weeks…
Editor’s Note: This article is the third in a series that will act as a primer on litigation finance for parties new to the space. For the first article in the series, click here.
Tech-Heavy Food Chain Eatsa Slapped with Federal Lawsuit A San Francisco-based food company proud of its tech-savvy features was recently slapped with a federal class action lawsuit for failing to provide adequate services to customers with visual impairments, according to a report. DuPont family trust lawsuit moved from Maryland to Delaware…
By any measure 2016 was a great year for Burford Capital. The now undisputed worldwide leader in litigation finance managed to acquire its largest rival, expand its market share, nearly triple its stock price and post record profits, all in the same year.
‘Witch Hunt’-era convict files $60M lawsuit A man who took a plea deal during Kern County’s infamous “Witch Hunt” era in the 1980s has now filed a federal civil lawsuit against several county agencies for $60 million. Home Improvement’ Profits Lawsuit Against Disney Revived by Appeals Court The 1990s TV show starring Tim Allen made…