Curiam Capital Director Discusses Litigation Finance

By John Freund |

Lauren Bernstein joined Curiam Capital LLC in March 2019. Her experience spans more than a decade. In this interview, she discusses starting her own business in 2014, why she chose to work in Litigation Finance, and how COVID impacts several parts of her life.

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An LFJ Conversation with Michael Kelley, Partner, Parker Poe

By John Freund |

Lauren Bernstein joined Curiam Capital LLC in March 2019. Her experience spans more than a decade. In this interview, she discusses starting her own business in 2014, why she chose to work in Litigation Finance, and how COVID impacts several parts of her life.

In Bernstein’s interview with JD Supra, she explains that working at home due to COVID precautions was easier than anticipated. Having a routine helps her stay focused and productive. With regard to COVID, Bernstein welcomes resource centers that help clients and others make informed choices about financial, legal, and business matters. Ideally, she says, people should get their information from more than one source.

Bernstein is a proponent of litigation funding and is prepared for a COVID-related spike in requests for funding. She details that funding may be a good option for clients with existing claims, especially when they are no longer able to pay legal fees. COVID promises to drive litigation in insurance and insolvency or breach of contract for commercial litigation in particular.

In addition to the inconvenience of remote working, Bernstein understands that one of the main upcoming challenges is to find effective ways to quickly analyze new cases. Finding strong cases is likely to require sifting through more cases more efficiently than before.

Speaking out against overregulation in Litigation Finance, Bernstein explains that she sees no necessity for judicial approval of funding. She referred to the conclusions of the New York City Bar Association’s working group, which was clear in saying that funders do not control litigation. She sees no difference between funders (which some feel should be disclosed) and borrowing money from banks (which need not be disclosed) in terms of necessary disclosure.

When asked what advice she would give her younger self, Bernstein opined on the value of a good mentor.

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